Zoning Board of Appeals - Minutes - 01/07/2026

MINUTES
Zoning Board of Appeals January 7, 2026
Waterford Town Hall 5:30 PM
Members Present: Chairwoman Cathy Gonyo, Evan Brown, Michelle Kripps, John
Morgan
Members Absent: William Herzfeld
Alternates Present: Anne Darling, Jason Kohl and Warren Mackenzis
Alternates Absent: None = 8 m
Staff Present: Mark Wujtewicz, Acting Planning Director; Wayne Scott, Z@ring
Official; Attorney Matt Willis and Katrina KotfeigRec it ingirs
Secretary Sky a 3 a
1. CALL TO ORDER AND APPOINTMENT OF ALTERNATES ;\s 0) 223
Chairwoman Gonyo called the meeting to order at 5:35pm. A. Darling was Seiit for W.AQ
Herzfeld. x = 5
2. APPROVAL OF MINUTES
MOTION: Motion made by J. Morgan, seconded by M. Kripps, to approve the minutes of the
November 5, 2025 meeting as written.
VOTE: 4-0-1 (A. Darling recused)
3. PUBLIC HEARING
Application #ZBA-25-4 - Appeal of 1 Point Comfort, LLC, owners and applicants at 37
Oswegatchie Rd, R-20 zone. Variances are requested from zoning regulations: Section 4.4.2 Side
Setback and Section 4.4.3, Rear Yard Setback, as shown on plans titled “Coastal Site Plan
Prepared for 1 Point Comfort LLC, 37 Oswegatchie Road, Map 102 lots 5856 Waterford,
Connecticut” dated September 19, 2024 last revised 11/4/2025. A Coastal Site Plan Review is
required in accordance with the Coastal Management Act.
Amy Souchens, Attorney for the applicant was present for the application as well as the owners
Elizabeth and David Potts. She noted the property owners also own the adjacent lot at 35
Oswegatchie Road and are proposing a lot line adjustment that will result in an even exchange of
land with 37 Oswegatchie Road to create a more conforming situation relative to setback
requirements. The lot line adjustment minimizes the amount of variances requested. The
proposal allows 3 Point Comfort continued screening. Exhibit 15 was submitted into the record.
EXHIBIT 15 - Inset Plan Prepared for 1 Point Comfort LLC, 37 Oswegatchie Road, Map
102 Lots 5856, Waterford, Connecticut dated September 19, 2026, Last
Revision January 7, 2026.
Joe Wren, PE, Indigo Land Design, reviewed with the Board the current conditions on the
property. He noted that they have worked with town staff to minimize the amount of variances
needed to redevelop the property. The current home is built directly into the slope and is located
within the FEMA designated Special Flood Hazard Area. The proposed new home will be built
in the same location and will be constructed to comply with FEMA flood standards.
JP Abarca, Abarca Design & Build reviewed the proposed house plans. He noted that the
proposed house is designed to incorporate measures that will comply with FEMA flood
standards. The house has been designed to have a coastal New England look. The ground level
will have flood vents and is to be used for low value storage as required. He reviewed the other

Zoning Board of Appeals
January 7, 2026
p. 2 of 3
levels of the home and noted they would be above the base flood elevation.
J. Morgan asked if the bottom level will remain storage. J. Wren indicated it will remain storage.
A. Darling asked how large the house will be and have any hydrologic studies been done and
how will the foundation be constructed. J. Wren stated that the house will be 2,000 square feet,
no hydrologic studies have occurred at this time and the foundation has not been designed but
may be pilings or reinforced footings.
J. Kohl asked if a barge would be used during construction and if so, would protections be made
to protect the eelgrass along the river. J. Wren indicated construction should occur from the
land.
E. Brown voiced concerns with potential disruptions to slope during construction and any other
analysis made.
J. Morgan questioned if the existing garage plans to be expanded in the future. J. Wren stated
there are no plans to expand the garage at this time.
M. Wujtewicz, Acting Planning Director read the exhibit list into the record.
EXHIBIT 1 - Original Application Package Received October 22, 2025
EXHIBIT la - ZBA Application Received October 22, 2025 (3 pages)
EXHIBIT 1b - Application Form II Received October 22, 2025 (5 pages)
EXHIBIT Ic - Variance Request Table Received October 22, 2025
EXHIBIT Id - Application Narrative Received October 22, 2025 (2 pages)
EXHIBIT le - Building Plans Received October 22, 2025 (6 pages)
EXHIBIT 2a - Revised Application Received November 20, 2025 (3 pages)
EXHIBIT 2b - Application Form II Received November 20, 2025 (5 pages)
EXHIBIT 2c - Variance Request Table Received November 20, 2025
EXHIBIT 2d - Application Narrative Received November 20, 2025 (2 pages)
EXHIBIT 2e - Building Plans Received November 20, 2025 (6 pages)
EXHIBIT 3 - Lot Line Revision Property Survey of 35 & 37 Oswegatchie Road,
Waterford, Connecticut Prepared for Elizabeth Potts, dated July 31, 2024,
Last Revision 1/31/2025
EXHIBIT 4 - Coastal Site Plan Prepared for 1 Point Comfort, LLC, 37 Oswegatchie
Road, Map 102 Lots 5856, Waterford Connecticut, dated September 19,
2024, Last Revision 11/4/2025
EXHIBIT 5 - Notice of Public Hearing advertised in the Day newspaper on Wednesday,
December 24, 2025 and Wednesday, December 31, 2025
EXHIBIT 6 - Notice of Public Hearing to Applicant dated December 12, 2025
EXHIBIT 7 - Referral letter to DEEP dated November 21, 2025
EXHIBIT 8 - Responses from DEEP dated December 19, 2025

Zoning Board of Appeals
January 7, 2026
p. 3 of 3
EXHIBIT 9 - Certificates of Mailings
EXHIBIT 10 - Coastal Site Plan Prepared for 1 Point Comfort, LLC, 37 Oswegatchie
Road, Map 102 Lots 5856, Waterford Connecticut, dated September 19,
2024, Last Revision 10/21/2025
EXHIBIT 11 - Town Planner’s Staff CAM Report
EXHIBIT 12 - Zoning Official’s Staff Report dated December 30, 2025
EXHIBIT 13 - Zoning Official’s Revised Staff Report dated January 7, 2026
EXHIBIT 14 - Memorandum dated December 23, 2025 to Mark Wujtewicz, Planner and
Wayne Scott, Zoning Official Re: 35, 37 Oswegatchie Road, Site Photos
October 10, 2025
C. Gonyo asked three times if anyone from the audience would like to speak for or against the
application. No one spoke.
The public hearing was closed at 6:50 pm.
4, OLD BUSINESS
There was no old business.
5. CORRESPONDENCE
No correspondence was received or discussed.
6. ADJOURNMENT
MOTION: Motion made by J. Morgan, seconded by A. Darling, to adjourn the meeting at
6:52 pm.
VOTE: 5-0
Wit Submitted,
Katrina Kotfer
Recording Secretary