East Lyme ― Architectural regulations already in place in Niantic will be extended to the Flanders section of town when new zoning regulations go into effect on Friday.

The amendment to the regulations was approved last week with the caveat that better enforcement is necessary.

The reconstituted Zoning Commission at its first meeting since the November election voted unanimously to establish the Flanders Village Design District as a way to ensure new buildings and major renovations take into account the town’s “New England character.”

The public hearing on the amendment opened with words of caution from a resident calling for “a more disciplined, more intelligent” direction for development in town.

Resident Daniel Glynn identified himself as a licensed architect who grew up in town. He said he supported the amendment under one condition: “If you are going to make regulations, then please enforce those regulations.”

He pointed to recent development in Niantic as evidence the architectural guidelines are not being enforced, including a proposal for a 16,900-square-foot, three-story building with commercial space on the first floor and 18 apartments above that was approved this year. The plan calls for the demolition of three structures, including an 1894 residence and the former home of the recently-relocated Cafe SoL.

Glynn cited a subsequent analysis by local urban planning academic Gary Pivo, who was elected to the Zoning Commission in November, that said the building is 33% larger than allowed by the regulations.

A July legal opinion from town attorney Mark Zamarka said the town cannot rescind a zoning approval, even if it was issued in error, unless there’s a provision in the town’s zoning regulations allowing it to do so. East Lyme’s regulations do not authorize commission members to revoke an approval.

Glynn said the opinion sets a precedent for the zoning official and Zoning Commission to allow non-compliant projects based on errors.

“In the end, you might as well throw the regulations away, because zoning approval appears to be an arbitrary and capricious act,” he said.

Pivo, a Democrat, brought up a provision in the design district regulations calling for review of each application by a professional architect within 35 days of submission to the commission.

Zoning Official Bill Mulholland acknowledged the town does not have an architect on call as required in the regulation, which has been in effect in Niantic for almost four years.

“That’s a process we need to address,” Mulholland said. He promised to look into the budget implications and to seek out consultants.

First introduced in 2020 to cover the shoreline Main Street area, the Niantic Village Design District requires the Zoning Commission to conduct a design review of applications. The new amendment to the zoning regulations creates the Flanders Village Design District using the same criteria.

The Flanders design district encompasses the commercial zone that sprung up along the town’s main thoroughfares: Route 161, Route 1 and multiple Interstate 95 interchanges. The highway and state roads direct much traffic through the well-known Flanders Four Corners intersection.

Democrat Denise Markovitz, a former alternate member elected to a full seat in November, said the commission needs to heed Glynn’s advice about enforcing the regulations in the villages of Niantic and Flanders.

“Perhaps we haven’t done as good a job as we could, but I think we can moving forward,” she said.

e.regan@theday.com