East Lyme — The local shellfish farmer who’s been fighting a town-issued cease-and-desist order said he plans to continue his operation despite the Zoning Board of Appeals upholding the order Monday.

The five-member ZBA would have needed four votes to overturn Zoning Official Bill Mulholland’s order that Tim Londregan stop operating his commercial shellfish business, Niantic Bay Shellfish Farm, at the Marker 7 Marina just west of the Niantic River Bridge. Monday's vote to overturn the order was 3-2 in favor.

Mulholland issued the order in October after he charged that Londregan was violating zoning regulations by processing shellfish in a Commercial Marine zone where such activity is prohibited. The order also stated that Londregan must obtain additional zoning permits to allow other shellfishing-related activities he performs at the marina.

Mulholland has said Londregan is processing oysters by putting them through a large metal tumbler. Londregan has said that once he pulls the shellfish out of the water, he must use the tumbler to properly clean, sort and strengthen the shells before either shipping them to customers or putting them back in the bay to continue growing.

The tumbler, which has prompted noise complaints from nearby residents and recreational boaters moored at neighboring marinas, is placed on top of a large barge-like vessel.

Londregan, however, appealed the order with his attorney and uncle Thomas Londregan of New London, and both sides presented their cases to the Zoning Board of Appeals on Jan. 13.

After Monday's vote, the Londregans said they would appeal the decision to New London Superior Court.

“I don’t think the Zoning Board of Appeals knows the law. So, I’ll be appealing. ... Easy as that,” Tim Londregan said after the order was upheld. “They clearly have no concept of jurisdiction. ... It’s absolutely ludicrous.”

Thomas Londregan said his nephew will be able to receive relief from the Superior Court to keep operating his shellfish business while the appeal is pending. He said the entire appeals process with the court could take up to a year.

Tim Londregan, who raises shellfish in a section of Niantic Bay he leases from the town, has been landing and processing shellfish at the Marker 7 Marina since 2018. He moved much of his business operations to the marina after a 2018 storm damaged pilings in the middle of the Niantic River where he had been tying up his shellfishing vessels.

The Londregans argued that the cease-and-desist order was invalid because the shellfishing activities on land and water do not fall under town jurisdiction but rather are regulated by the state. 

Thomas Londregan also argued the town is not correctly interpreting the definition of “processing.” “Processing itself is not prohibited. A processing plant is," he told the ZBA at its Jan. 13 public hearing. 

"But he’s not processing to begin with. He takes a raw oyster out of the water in its shell. And it leaves his property as a raw oyster in its shell. Common sense has got to tell you that there has been no processing of that raw oyster,” he said.

Before its vote Monday, the ZBA discussed whether the town has jurisdiction over Londregan’s activities and whether he is exempt from the zoning regulations cited in the order.

When asked if he felt ready to go before the Superior Court to argue his case, Tim Londregan said, “We don’t have to do anything. The record is set. The reason we included all that information (we presented in the hearing) is not because we thought all those (ZBA) individuals may actually read it all or understand it all. It’s for the judge. It’s not for them. That whole record we compiled was not for them. That’s why you have to do a good job for them even though they were still asking third-rate questions.”

m.biekert@theday.com