Zoning Board of Appeals - Minutes - 01/10/2024

Zoning Board of Appeals
January 10, 2024
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MINUTES RE
Zoning Board of Appeals January 10, 2024
Waterford Town Hall ~~ 1 30 PM
Members Present: Cathy Gonyo, Michele Kripps, Anne Darling, J ohn Morgan, .
William Herzfeld
Alternates Present: Greg Gallup, Jason Kohl (1 vacancy)
Staff Present: Jonathan Mullen, Planning Director; Wayne Scott, Zoning
Official; Mark Wujtewicz, Planner; Dawn Choisy, Recording
Secretary
Also Present: Town Attorney Robert Avena, Esq.
1. CALL TO ORDER AND APPOINTMENT OF ALTERNATES
Chairwoman Gonyo called the meeting to order at 5:30. No alternates were appointed.
2. APPROVAL OF MINUTES
MOTION: Motion made by J. Morgan, seconded by M. Kripps, to approve the minutes of the
November 1, 2023 special meeting as written.
VOTE: 4-0-1, A. Darling abstaining
3y OLD BUSINESS
Application #ZBA-23-6 - Appeal of Angel Eyes Construction, LLC owner, Todd Pezzelosi
applicant at 8 Point Comfort, R-20 zone. Variance is requested from zoning regulations: Section
4.4.1, Front Yard Setback as shown on plans titled “CAM Site Plan” dated August 19, 2023,
revised to October 1, 2023. A Coastal Site Plan Review is required in accordance with the
Coastal Management Act.
MOTION: Motion made by W. Herzfeld, seconded by M. Kripps to approve Application
#ZBA-23-6.
The Board discussed the information presented during the public hearing, noting that the
proposed activity reduces the non-conformity on the site. A. Darling stated that she was not
satisfied with the size of the structure. Attorney Avena stated that the Board can condition the
variance to note that the applicant needs to follow the approved plan.
MOTION: Made by W. Herzfeld, seconded by M. Kripps, to amend the motion to state that
construction must comply with the approved plans.
J. Mullen stated that the approval should note that all sections of 27.5 have been met.
MOTION: Made by W. Herzfeld, seconded by M. Kripps, to amend the motion to add that
all sections of Section 27.5 of the Zoning Regulations have been met.
VOTE ON AMENDED MOTIONS: 4-1, A. Darling opposing.

Zoning Board of Appeals
January 10, 2024
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Chairwoman Gonyo reviewed the CAM report submitted by Staff.
MOTION: Motion made by J. Morgan, seconded by W. Herzfeld, to approve the CAM
portion of Application #ZBA-23-6 with conditions 1 through 4 of the CAM
Report (attached).
Kelly Sisk of Sprigs & Twigs reviewed the proposed planting plan with the Board.
VOTE: 4-0-1, A. Darling abstaining.
5. NEW BUSINESS
Election of Officers:
MOTION: Motion made by J. Morgan, seconded by A. Darling, to nominate C. Gonyo as
Chair of the Zoning Board of Appeals.
VOTE: 5-0
MOTION: Motion made by J. Morgan, seconded by M. Kripps, to nominate A. Darling as
Vice-Chair of the Zoning Board of Appeals.
MOTION: Motion made by W. Herzfeld, seconded by M. Kripps to nominate himself as
Vice-Chair of the Zoning Board of Appeals.
VOTE ON A. DARLING AS VICE-CHAIR: 3-0-2, Motion carries.
Attorney Avena discussed scheduling a special meeting as a workshop with the Board to review
ZBA policies and procedures.
6. CORRESPONDENCE
No correspondence was received.
Ts ADJOURNMENT
MOTION: Motion made by J. Morgan, seconded by A. Darling, to adjourn the meeting at
6:25.
VOTE: 5-0
Respectfully Submitted,
Recording Secretary

TOWN OF WATERFORD
COASTAL SITE PLAN REVIEW
WRITTEN FINDINGS & DECISIONS
ORIGINAL To: 
COASTAL SITE PLAN REVIEW TRIGGER:
Todd Pazzolesi [_] Zoning Compliance (Site Plan)
49 Cross Road L] Subdivision
Waterford, CT 06385 ] Special Exception or Permit
[@) Variance
[_] Municipal Improvement
APPLICANT NAME: TOdd Pazzolesi
MAILING ADDRESS: 49 Cross Road Waterford, CT 06385
PROJECT ADDRESS: ;
8 Point Comfort
PROJECT DESCRIPTION:
The application as presented to the Zoning Board of Appeals is to demolish an existing single family
structure and construct a new single family dwelling. The developed site contains 13,366 sf of lot
area and is located in the R-20 zoning district adjacent to the upper Niantic River. The dwelling will be
connected to existing municipal water and sewer service and utilities. A subsurface storm water
infiltration system is proposed to be installed to infiltrate roof water runoff. Coastal resources located
on and adjacent to the property are a coastal embankment and a FEMA designated Flood Zone
AE-12. As stated in the application narrative and shown on the plan submitted into the record as
Exhibit #3, the proposed structure and all site improvements will be located landward of the coastal
embankment and outside of the FEMA regulated flood zone. While the existing structure is located at
the crest of the coastal embankment, the new single family dwelling will be located approximately 20
feet further back from the top of the embankment. The proposed location places the front of the
house within the minimum required front yard setback. As a result, in addition to the Coastal Site Plan
Review, the Zoning Board of Appeals is also acting on a front yard variance request.
Plan title: B+operty Survey Land Belonging to: Angel Eyes Construction, LLC, 8 Point Comfort
Road, Waterford, Connecticut" dated August 19, 2023, Revised October 1, 2023.

Coastal Site Plan Review Comment Checklist Page 2
COASTAL RESOURCES AND RESOURCE POLICIES:
ADJACENT POTENTIALLY Not
ON-SITE TO SITE INCONSISTENT APPLICABLE
General Coastal Resources* O O
Beaches and Dunes O im) O
Bluffs and Escarpments oO O
Coastal Hazard Area O O
Coastal Waters and/or Estuarine Embayments oO O
Developed Shorefront oO oO Oo O
Freshwater Wetlands and Watercourses oO
Intertidal Flats O oO |
Islands O oO |
Rocky Shorefront O O oO
Shellfish Concentration Areas oO oO oO
Shorelands O oO O
Tidal Wetlands O O O
ADVERSE IMPACTS ON COASTAL RESOURCES:
COASTAL USE POLICIES:**
Appears
Acceptable
Degrades tidal wetland,
beaches and dunes, oO oO
rocky shorefronts, or
bluffs and escarpments
Degrades existing
circulation patterns of oO oO
coastal waters
Increases coastal oO Oo
flooding hazard by
altering shoreline or
bathymetry
Degrades natural or
existing drainage
patterns
Degrades natural
shoreline erosion and O
accretion patterns
Degrades or destroys oO
wildlife, finfish, or
shellfish habitat
Degrades water quality oO oO
Degrades visual quality oO oO
Potentially
Unacceptable
Not
Applicable
General Development*
Boating
Coastal Recreation and
Access
Coastal Structures and
Filling
Cultural Resources
Fisheries
Fuels, Chemicals, or
Hazardous Materials
Ports and Harbors
Sewer and Water Lines
Solid Waste
Transportation
Water-dependent Uses
Applies
Ooouddagaog oOo oa a Oo
Potentially
Inconsistent
QO
Hoodoo Oo Bod Oa
* — General Coastal Resources and General Development policies are applicable to all proposed activities.
*
*
Policies that are not applicable are not checked in this chart.

Coastal Site Plan Review Comment Checklist Page 3
ADVERSE IMPACTS ON FUTURE WATER-DEPENDENT DEVELOPMENT ACTIVITIES AND OPPORTUNITIES:
Appears Potentially Not
Acceptable Unacceptable — Applicable
Replaces an existing water-dependent use with a non-water-dependent use oO oO
Reduces existing public access oO oO
Locates a non-water-dependent use at a site that is physically suited for a oO oO
water-dependent use for which there is a reasonable demand
Locates a non-water-dependent use at a site that has been identified for a oO Ww
O
water-dependent use in the plan of development or zoning regulations
ISSUES OF CONCERN (SEE SUMMARY AND RECOMMENDATIONS BOX FOR ADDITIONAL DETAIL):
Insufficient information
oO
Potential increased risk to life and property in coastal hazard area
Adverse impacts on future water-dependent development opportunities
Proximity of disturbance to sensitive resources/need for additional vegetated setback
HOO
Potential to cause erosion/sedimentation; need for adequate sedimentation and erosion control
measures
Water quality and/or stormwater impact
Other coastal resource impacts:
Other:
OoOood
SUMMARY AND RECOMMENDATIONS:
The construction and use of a single family residential structure within the R-20 Zone
District is consistent with the Town of Waterford Zoning Regulations and the 2012 Plan of
Conservation and Development. The placement of the structure as far from the coastal
resource as practical reduces the effect of proposed grading onto the coastal resources.
All work and associated site improvements in support of the single family dwelling occur
landward from the top of the embankment and outside of the FEMA designated flood
hazard area.
Potential to cause erosion/sedimentation; need for adequate sedimentation and erosion
control measures:
The project as presented identifies the proximity of site disturbance to the coastal resource.
This disturbance is of a temporary nature during the construction of the single family
dwelling. Erosion controls shall be incorporated at the top of the slope and landward in
order to mitigate any erosion that may occur from surface runoff during construction. The
erosion controls shall be constantly inspected and left in place until the site has been
permanently stabilized.

Coastal Site Plan Review Comment Checklist Page 4
Water quality and/or storm-water impact:
There is a potential for a temporary negative impact to water quality during the construction
phase of the project. This potential will be mitigated through the installation and
maintenance of erosion control measures as identified on the plan. The applicant proposes
to install a subsurface storm-water infiltration system which will be designed to infiltrate the
runoff from the roof drains thereby mitigating any adverse impacts that would contribute to
point source discharge of storm water. The implementation of storm-water low impact
development measures to mitigate the effect of concentrated surface flow generated from
roof runoff will reduce the potential for negative impact to coastal resources.
Subsequent to application submission, unauthorized clearing of vegetation had taken place
along the coastal embankment. As a result of this activity, the applicant has submitted a
restoration planting plan in order to mitigate any future adverse impacts from erosion
negatively impacting the coastal resources of the Niantic River,
This project as approved with conditions 1 thru 4 is consistent with all applicable coastal
policies and includes all reasonable measures to mitigate adverse impacts.
1. Erosion control measures during construction shall be installed and remain on site for
the duration of the project and until the establishment of vegetative cover on disturbed
areas.
2. A Coastal Embankment vegetation restoration plan shall be required to be submitted as
a condition of Zoning Compliance Permit Approval at the time the application for a building
permit is submitted.
3. A signed agreement with the landscaping company to proceed with the implementation
and completion of the slope restoration plan shall be provided to the Town of of Waterford.
This guarantee shall be provided as a condition of the Zoning Compliance Permit Approval.
4. Anas-built survey shall be submitted and approved by the Zoning Official prior to
issuance of a Certificate of Zoning Compliance. This requirement is to verify that all
improvements, including the slope restoration have been constructed in accordance with
the approved site plan.

Coastal Site Plan Review Comment Checklist Page 5
FINDING: (Please see summary and recommendations section on page 3 for discussion)
[a]
O
O
CONSISTENT WITH ALL APPLICABLE COASTAL POLICIES, COMMENTS INCLUDED
CONSISTENT WITH MODIFICATIONS OR CONDITIONS
ADDITIONAL INFORMATION NEEDED PRIOR TO COMPLETE CSPR EVALUATION
SUPPORTING DOCUMENTATION ATTACHED TO THIS CHECKLIST:
oHbnooaododgd
Copies of photographs of the site dated:
Copies of aerial photographs dated:
GIS maps depicting:
Coastal resources maps dated:
OLISP Fact Sheet(s):
Other:
Please be advised that, separate from the municipal review, the following
Department of Environmental Protection permits may be required:
O
O
O
O
Structures, Dredging, and Fill in Tidal Coastal or Navigable Waters
Tidal Wetlands
Stormwater General Permit ( construction / industrial / commercial )
Other
For more information, contact:
copies provided to