Zoning Board of Appeals
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| Board/Commission | Zoning Board of Appeals |
|---|---|
| Meeting Date | November 06, 2024 |
| Pages | 61 |
| File Size | 12.8 MB |
| OCR Status | Searchable (OCR processed) |
| Source URL | Original |
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FIFTEEN ROPE FERRY ROAD PHONE: 860-442-0553 WATERFORD, CT 06385-2886 www.waterfordct.org AGENDA Zoning Board of Appeals November 6, 2024 Waterford Town Hall 5:30 PM 1. CALL TO ORDER/APPOINTMENT OF ALTERNATES 2. APPROVAL OF THE October 2, 2024 MEETING MINUTES 3. OLD BUSINESS Application #ZBA-24-4 - Appeal of A Beautiful Real Estate LLC, owner and applicant for property located at 14 Bella Vista Street, R-20 zone. Variances are requested from zoning regulations: Section 4.4.1 - front yard setback, 4.4.2 - side yard setback and 4.4.3 - rear yard setback as shown on plans titled “Zoning Location Survey” dated July 15, 2024. 4, PUBLIC HEARING Appeal #ZBA-24-5 — Appeal of the Zoning Official’s Order to Discontinue dated September 12, 2024 issued for the placement of an unauthorized Recreational Camping Vehicle and other unauthorized uses being conducted in violation of the Town of Waterford Zoning Regulations on property located at 10 Shore Drive, Waterford. Appeal is taken by Alex Mironovas. 5. NEW BUSINESS e Draft 2025 meeting schedule e Draft 2023/2024 ZBA Annual Report ca Sm e Draft 2025 Budget = sm a) OS 6. | CORRESPONDENCE w Bo = 33 7. ADJOURNMENT ei p FB BN @ 38 RS a td o Zoning Board of Appeals October 2, 2024 p. | of 3 MINUTES RECEIVE Zoning Board of Appeals any ber.2, 2024 Waterford Town Hall ER ey tos 01 Members Present: Anne Darling, Michelle Kripps, John Morgart Willian: Hot Members Absent: Cathy Gonyo q Alternates Present: Greg Gallup Alternates Absent: Jason Kohl Staff Present: Jonathan Mullen, Planning Director; Wayne Scott, Zoning Official; Dawn Choisy, Recording Secretary 1. CALL TO ORDER AND APPOINTMENT OF ALTERNATES Acting Chairwoman Darling called the meeting to order at 5:35. G. Gallup was appointed to sit for Chairwoman Gonyo. 2. APPROVAL OF MINUTES MOTION: Motion made by J. Morgan, seconded by M. Kripps, to approve the minutes of the September 4, 2024 meeting as written. VOTE: 3-0-2, G. Gallup and W. Herzfeld abstaining. 3. CONTINUED PUBLIC HEARING Application #ZBA-24-4 - Appeal of A Beautiful Real Estate LLC, owner and applicant for property located at 14 Bella Vista Street, R-20 zone. Variances are requested from zoning regulations: Section 4.4.1 - front yard setback, 4.4.2 - side yard setback and 4.4.3 - rear yard setback as shown on plans titled “Zoning Location Survey” dated July 15, 2024. A. Darling read the following exhibits into the record: EXHIBIT 1 - Application and support material EXHIBIT 2 - Plan titled “Zoning Location Survey, Property of A Beautiful Real Estate LLC” dated July 15, 2024 EXHIBIT 3 - Legal Notice of Public Hearing published in the Day newspaper on August 21, 2024 and August 28, 2024 EXHIBIT 4 - Hearing notification letter sent to applicant dated August 14, 2024 along with certificates of mailing EXHIBIT 5 - Benham Avenue Lots EXHIBIT 6 - Plan titled “Plan of Building Lots of Harrison’s” dated June 1932 EXHIBIT 7 - List of house areas (acreage, living area & gross area) Surveyor J. Bernardo presented this application to the Board. He reviewed the site plan submitted (Exhibit 6), noting that the property is not in the flood hazard area. He submitted into the record as Exhibit 8 a GIS map of the area. The applicant is proposing to construct a 1200 square foot house which will be placed in the middle of the lot. The length of the house has been reduced from what was proposed in the previous application (ZBA-24-3). It has also been moved further away from the front of the property. J. Bernardo reviewed Exhibit 7, noting that the applicant has the smallest parcel in the area. The proposed house is in character with the rest of the neighborhood. He noted that the zoning Zoning Board of Appeals October 2, 2024 p. 2 of 3 regulations require 2 parking spaces. He reviewed the requested variances, as well as Section 27.5 of the Zoning Regulations. Acting Chairwoman Darling asked if there were any members of the public who wished to speak in favor of the application. No members of the public came forward. Acting Chairwoman Darling asked if there were any members of the public who wished to speak against this application. Craig Hart of 69 Benham Avenue stated that he doesn’t feel that the lot is a building lot, and the house will be in his back yard. Brian Taylor of 67 Benham Avenue stated concerns with the size of the proposed building and feels that it will affect his property value. Corlyn Webster of 18 Bella Vista Street stated concerns with the size of the lot & the percentage of coverage. Steve Logan of 73 Benham Avenue stated that the applicant knew that the lot is not a building lot, and he doesn’t know what the hardship is. JoAnn Records of 15 Bella Vista Street stated concerns with parking and the narrowness of the roads. Craig Sechiaroli of 17 Bella Vista Street asked for clarification of the square footage. He also stated that the applicant knew the lot was not buildable. Erin Saylor of 57 Benham Avenue stated concerns with the amount of coverage and stated that the house will impact her views. J. Bernardo responded to some of the issues that were brought up. He noted that the applicant is not asking for a variance for lot coverage, and he can’t fix the parking issues in the area, He noted that the perimeter of the building is the 1200 square feet, and the living area is 1600 square feet because it is a two story structure. He noted that the lot is an approved lot of record. There being no further comments or questions, the public hearing was closed at 6:10. 4, NEW BUSINESS Appeal #ZBA-24-5 — Appeal of the Zoning Official’s Order to Discontinue dated September 12, 2024 issued for the placement of an unauthorized Recreational Camping Vehicle and other unauthorized uses being conducted in violation of the Town of Waterford Zoning Regulations on property located at 10 Shore Drive, Waterford. Appeal is taken by Alex Mironovas. This public hearing will be opened at the November 6, 2024 meeting. 5. CORRESPONDENCE No correspondence was received. Zoning Board of Appeals October 2, 2024 p.3 of 3 6. ADJOURNMENT MOTION: Motion made by W. Herzfeld, seconded by M. Kripps, to adjourn the meeting at 6:11. VOTE: 5-0 Respectfully Submitted, Dawn Choisy Recording Secretary EXHIBIT 1 - EXHIBIT 2 - EXHIBIT 3 - EXHIBIT 4 - EXHIBIT 5 - EXHIBIT 6 - EXHIBIT 7 - EXHIBIT 8 - EXHIBIT 9 - EXHIBIT 10- EXHIBIT 11 - EXHIBIT 12 - EXHIBIT 13 - EXHIBIT 14 - EXHIBIT LIST Application #ZBA-24-4 10 Shore Drive PUBLIC HEARING Application for Appeal of the Zoning Official’s Decision dated 9/25/24 email correspondence dated July 15, 2024 to Alex Mironovas from Wayne Scott Order to Discontinue dated 9/12/2024 Legal ad run in the Day newspaper on 10/23/24 & 10/30/24 email dated May 15, 2024 from Jonathan Mullen to Wayne Scott (1 photo included) Three photos of camper and boat trailer on site taken by W. Scott on 5/15/24 Two photos of camper and unassembled dock components taken by M. FitzGerald on 5/15/24 Three photos of camper and unassembled dock components taken by W. Scott on 7/19/24 email dated July 20, 2024 from Alex Mironovas to Wayne Scott, RE: Town of Waterford regulation regarding trailers & Recreational Camping Vehicles Not Permitted Zoning Compliance Review dated 8/23/24 Three photos of camper and dock partially installed on site taken by W. Scott on8/26/24 email contained 6 photos of activity over the weekend of August 25, 2024 at 10 Shore dr. (photos taken by neighbor, not included) email from Wayne Scott to Kevin Zawoy dated August 29, 2024 Re: 10 Shore Drive Waterford CT dock permit inquiry email dated August 29, 2024 from Wayne Scott to “Lisa R’, RE: 10 Shore Drive 8/25/24 EXHIBIT 15 - EXHIBIT 16 - EXHIBIT 17 - EXHIBIT 18 - EXHIBIT 19 - email dated September 11, 2024 from Alex Mironovas to Wayne Scott, Re: Town of Waterford regulation regarding Trailers & Recreational Camping Vehicles Not Permitted email dated September 12, 2024 from Wayne Scott to Alex Mironovas RE: Town of Waterford regulation regarding Trailers & Recreational Camping Vehicles Not Permitted email dated September 17, 2024 from Kathleen Perzanowski to Wayne Scott Subject: 10 Shore Drive, Waterford email dated October 1, 2024 from Wayne Scott to Kathleen Perzanowski, Subject 10 Shore Drive, Waterford Activity Log — 10 Shore Dr PHONE: 860-442-0553 FIFTEEN ROPE FERRY ROAD www.waterfordct.org WATERFORD, CT 06385-2886 APPEAL OF THE ZONING OFFICIAL’S DEGISION TOWN OF WATERFORD 15 ROPE FERRY ROAD, WATERFORD, CT 06385 (860)-444-5813 FAX 860-444-5879 (1) Variance #_2GA -2y- F (2) Fee: Actual cost of the notice of public hearing published in The New London Day newspaper $___N/A (3) Owner(s) of Record: Alex & Yuliya Mironovas Tel, # (508) 561-3500 Address: 25 Spyglass Hill Dr., Ashland, MA 01721 E-Mail alex.mironovas@gmail.com Cel] # (508) 561-3500 (4) Applicant:_Alex Mironovas Tel. # (508) 561-3500 Address: 25 Spyglass Hill Dr., Ashland, MA 01721 E-Mail_alex.mironovas@gmail.com Cell # (508) 561-3500 (5) \we hereby apply for an appeal of the Zoning Official’s decision dated: _ 09/12/2024 (6) Address of affected premises: _10 Shore Dr., Waterford, CT 06385 Unique |.D # Zone(s) Located on the E side of _ Shore Dr. : _ 267 feet (N,S,E,W) (STREET) from the intersection of _ Peninsular Ave. and _ 10 Shore Dr. (N,S,E,W) (7) Reason for the appeal: _ We need to have RV on the lot during ongoing construction for storage purposes. (8) Under what section(s) of the Zoning Regulations is the appeal based? 3.20.3 Also, Section 8-3K of GENERAL STATUTES OF CONNECTICUT (attach additional sheet if necessary) HZBA-24-25 10 Shore Dr. } Exhibit 1 (9) (10) (11) Submit documentation on basis of appeal. Has/Have a mk: appeal(s) been filed in connection with these premises during the past ten calendar years? Yes No If Yes, 05/07/2020 Z-20-1 Date(s) Appeal No(s). \We hereby depose and say that all the above statements and the statements contained in any papers submittec herewith are true to the best of my knowledge and belief. Obea Wlironrovar Signature of Applicant 09/25/2024 Date Wayne Scott ——— From: Wayne Scott Sent: Monday, July 15, 2024 6:05 PM To: ‘Alex Mironovas' Cc: Maureen Fitzgerald; Jonathan Mullen; Mark Wujtewicz Subject: Town of Waterford regulation regarding Trailers & Recreational Camping Vehicles Not Permitted Attachments: Section 3.9 & 3.20 regarding Trailers@ Recreational Campers.pdf Tracking: Recipient Delivery Read ‘Alex Mironovas' Maureen Fitzgerald Delivered: 7/15/2024 6:06 PM Jonathan Mullen Delivered: 7/15/2024 6:06 PM Read: 7/16/2024 7:49 AM Mark Wujtewicz Delivered: 7/15/2024 6:06 PM Mr. Mironovas, This email is a follow up to our telephone conversation earlier today regarding the unauthorized use of the property located at 10 Shore Drive in Waterford Ct. As you were advised during our telephone conversation, It has brought to the attention of this office that an unauthorized Recreational Camping Vehicle is currently being used on the property referred to herein. An inspection of the property was performed on 7-15-2024 where it was discovered that a recreational vehicle is in fact parked and appears to be occupied. There was also a portable metal dock observed on the premises which appeared to be prepared for assembly. The property is located in the VR-7.5 Village Residential District where parking, storage and/or use of recreational vehicles is not permitted on any lot without a residential structure as the principle use on the same lot per The Town of Waterford regulation Section 3.9, Also see: 3.20 and 2.4, See the attached. Please also be advised that permits are required for the installation of a docking structure. Pursuant to the authority vested in me by Section 26.2 of the Waterford Zoning Regulations you are hereby informed that you are in violation of the following Zoning Regulation(s): Section 3.9. Also see: 3.20 and 2.4 26.2 ENFORCEMENT These regulations shall be enforced by the Zoning Enforcement Officer or his agent who is hereby authorized to inspect or cause to be inspected any building, place, or use, and to order in writing the remedying of any condition found to exist in violation of these regulations Corrective Actions The owner of the property located at 10 Shore Drive in Waterford Ct. is required to remove the unauthorized Recreational Camping Vehicle and all other unauthorized uses from the property referred to herein. This violation must be remedied forthwith. Please contact this office and advise of your plans to correct the situation in writing within ten (10) days of the receipt of this notice. Failure to respond to this notice may result in further actions and or penalties as prescribed in the Connecticut State General Statues. A copy of the section of the regulations is enclosed for your reference. A complete copy of the current Town of Waterford Zoning Regulations can be found online: https://www.waterfordct.org/planning-development If you have any questions or concerns, please feel free to contact me at (R80) 444-5813 or wscott@waterfordct.org #ZBA-24-25 1 10 Shore Dr, Exhibit 2 Thank you, Wayne Scott Zoning Official Town of Waterford 15 Rope Ferry Rd Waterford, Ct 06385 (860) 444-5813 ‘fawn of Waterford CONNECTICUT TOWN OF WATERFORD CONNECTICUT ZONING REGULATIONS Revised Through Effective Date: March 22, 2024 Last comprehensive review of the Zoning Regulations: Originally Adopted: December 18, 1978 Originally Effective: January 13, 1979 First Zoning Regulations Effective: June 1954 First Subdivision Regulations Effective: May 4, 1948 The Town of Waterford Zoning Commission was created on June 3, 1939 and the Planning & Zoning Commission was created on November 15, 1951 The Planning and Zoning Commission Gregg Massad, Chairman Timothy Bleasdale Karen Barnett Timothy Conderino Victor Ebersole Alternates: Joseph DiBuono Bertrand Chenard Doris Crum Staff Jonathan Mullen, AICP Planning Director Mark Wujtewicz Planner Mauteen FitzGerald Environmental Planner Wayne Scott Zoning Official Katrina Kotfer Recording Secretary 2.5 LAND UNDER WATER Each district shall include any land under any lake, pond, stream, river, or Long Island Sound, or ather body of water located within such district to the extent that such land is within the Town of Waterford. 3.18 3.19 MUNICIPAL WATER AND SEWER FACILITIES In accordance with the provisions of Section 23 of these regulations, the Planning and Zoning Commission may grant a Special Pormit to the Town for the construction in any district of facilitics such as pump stations, treatment and/or control installations and the like, reasonably necessary to provide for adequate water supply, seworage, and drainage systems. Such permit may be granted after said Commission has determined that the plans for said construction have met all local and state requirements with regard to public health and safety. Such permit may be issued notwithstanding the fact that such use does not meet other regulations concerning road access, lot size, area, or yard requirements. TEMPORARY FORMS OF OUTDOOR ENTERTAINMENT (Revised: 9/9/20) The following temporary forms of outdoor entertainment may be allowed by Zoning Compliance Permit. No single activity may take place for more than 14 consecutive calendar days. The total of all activities permitted under this section on a single properly shall not execed 75 calendar days within a single year. Such activities permitted under this provision shall include fairs, bazaars, concerts, dances, exhibitions, rodeos, circuses, catnivals, festivals, recurring performances, ouldoor theater productions, or other similar activity. An application for approval of such activity shall be submitted to the Zoning Enforcement Officer. The Zoning Enforcement Officer may require application submittal up to 21 days prior to the proposed start of the event, Prior to submitting and application, applicants shall contact the ZEO to ascertain any anticipated permit requirements and the amount of time necessary for review. Applications shall indicate the type of entertainment to be provided, the site of the event, and the poriod of time over which the event is to occur. Such application shall be accompanied by a sketch of the site, to scale, indicating the location and method of sanitary facilities, provisions for off-street parking, provisions for traffic controls, provisions for fire safely, proposed seating arrangement, location of all temporary booths, canopies, and/or tents, and such other information as the Zoning Enforcement Officer may require in order to assure that the public health, safety, and welfare is addressed. 7/5/11) y district except as f 3.21. ‘TRAILER CAMPS OR MANUFACTURED HOME PARKS (Revised 7/5/11) 3.21.1 No parcel of land or premises in any district shall be used as a trailer camp or manufactured home park for the parking of two or more trailers, whether otherwise occupied or not, except in accordance with Section 3.21.2, (Effective Date: July 1, 1988) Any trailer camp (or manufactured home park) existing at the time of the adoption of these regulations may not be expanded to permit the parking of a greater number of trailers (or manufactured homes) than at the time of the adoption of these regulations, Those manufactured home parks existing as of November 1, 1987 may expand to permit the parking of not more than twenty-five (25) additional manufactured homes, subject to the following general requirements, procedures, standards, and conditions: (Effective Date: July 1, 1988) 3.21.2 3.21.21 3,21.2.2 3.21.23 General Any proposal to increase the number of manufactured homes existing in a manufactured home park shall be considered a manufactured home park expansion and shall conform to all the requirements contained herein, A manufactured home park expansion may be permitted in General Commercial (C-G) Districts provided that the expansion area shall be on property that is contiguous to the existing manufactured home patk, For the purpose of these regulations, the expansion shall be considered as part of the existing manufactured home park. Procedure Each application for approval of a manufactured home park expansion shall require the submission of a site plan as provided for in Section 22 of these regulations. No construction shall be undertaken within any manufactured home park until a site plan has been approved by the Planning and Zoning Commission, All future use of the property shall be in accordance with the approved site plan. Standards and Conditions Each application for a manufactured home park expansion submitted in accordance with this Section shall meet each of the following standards and conditions. These standards and conditions shall apply only to the manufactured home expansion area unless specifically noted otherwise. A. Minimum Lot Area and Frontage - No manufactured home park expansion proposed under the provisions of Section 3.21.2 of these regulations shall be established on any lot unless the lot is at least 60,000 square feet in area and has a minimum frontage of 125 feet on a public street. The lot area shall include the existing manufactured home park and the expansion area, B. Density - In no case shall the total number of manufactured homes in any manufactwed home park, including existing and expansion areas, exceed a total density of eight units per acre of total land area within the manufactured home park, C, Individual Space Size and Coverage - The limit of each individual manufactured home space shall be a minimum of 5,000 square feet in area and not less than 50 feet in width and 100 feet in depth. The maximum coverage of all buildings on each individual space shall not exceed 30 percent. 3.7 3.8 MODIFICATION OF ZONING REQUIREMENTS ADJACENT TO RALLROADS AND NAVIGABLE WATERS Where a boundary ofa lot is contiguous to a railroad right-of-way or navigable body of water, the rear and/or side yard requirements, buffer requirements, and road frontage requirements established within these regulations for that boundary abutting said right-of-way or body of water may be waived wholly or partially by the Commission upon finding that such waiver will not adversely affect adjacent property values and will not adversely affect the ability of fire and other emergency and public safety equipment to service and provide protection to the subject property. MORE THAN ONE BUILDING ON A LOT (Revised 11/15/14) Except as provided in Sections 3.17, 17a, 18, 18A.2.2 and Section 19 of these Regulations, no more than one principal building and the accessory buildings or uses customarily incident thereto shall be located on any single lot within the R-20, R-40, RU-120, OS, VR-7.5, VR-10 and VR-15 Zone Districts. More than one principal building and the accessory buildings or uses customarily incident thereto may be permitted on a lot for all other zoning districts pursuant to the districts building coverage provision. 3.9.1 Fully enclosed accommodations for passenger vehicles, 3.9.2 Garage or carport for one commercial vehicle, truck, tractor, piece of carth-moving equipment or commercial tools for personal or business use, provided that no such equipment or tools shall contain an engine of over 10 horsepower. 3.9.3 Open parking places for passenger vehicles belonging to the occupants of the dwelling units. 3.9.5 Open or enclosed accommodations in the side or rear yard and 20 feet from a properly line for one boat not more than 26 feet in length, onc boat trailer, and one dinghy, used for pleasure purposes and belonging to the occupants of the dwelling unit, All boats over 26 feet in length shall be stored within an enclosure which shields the view of such boat from all adjacent property lines, 3,9,6 On lots of not less than 120,000 square feet which contain a single-family residence which is occupied by one family, a separate barn or structure to house a horse or other animal, Such barn or structure shall not be located closer than 150 feet from any lot line. 3.9.7 Private swimming pools. 3.9.8 Tool sheds, greenhouses, arbors, garden houses, 3,9,9 Boathouses, tennis courts, 3.9.10 Private antennae serving an individual dwelling provided the top of any such antennae shall not be more than 40 feet in height above the ground or more than 20 feet in height above the highest point on the dwelling's roof on which it is attached. 3.9.11 Accessory Dwelling Units in accordance with Section 3.36 of these Regulations. (Effective 5/24/23) PROFESSIONAL OFFICE Office for person or persons whose vocation or occupation requires advanced training in a liberal art or science, a State license or certification, and whose work usually involves non-manual work and services are rendered rather than goods offered for sale on the promises including doctors, dentists, other medical professionals, lawyers, engincors, and architects, The following similar uses are not professional offices: contractor, boauty parlor, insurance agent, medical testing laboratory, pest control, pharmacy, real estate agent, and financial institutions. PUBLIC GARAGE A building uscd for the storage, servicing, or repait of motor vehicles for compensation, PUBLIC WAY (Effective: 3/2/21) Any road, strect, avenue, boulevard, highway, or other parcel of land that is open to the public as of right and permanently dedicated to the movement of vehicles and pedestrians. QUARRYING (Effective: 4/5/18) Excavating and maintaining an open or surface area for purposes of extraction of stone, rock, aggregate or other mineral materials RAIN BARRELS (Effective: 4/5/18) Bartels designed to retain small volumes of rmoff for reuse in gardening and landscaping, They are applicable to residential, commercial, and industrial sites and can be incorporated into a site’s landscaping plan, The size of the rain barrel is a function of the rooftop surface area and the design storm to be stored. Rain barrels capture runoff that would otherwise be lost to storm drains, divert water to the landscape, and conserve (ap water. For large rain barrels sce “Cistern”. RAIN GARDEN (Effective: 4/5/18) Functional landscape elements that combine plantings and a specially designed planting soil bed in depressions that allow water to pool for only a few days after a rainfall thon be filtered by and slowly absorbed by the soil and plantings. Rain gardens improve water quality by reducing the sediment, nutrients, bacteria and chemicals from flowing into water bodies. RECREATION, ACTIVE (Effective: 4/5/18) Activities engaged in for the purpose of relaxation, health and wellbeing, or enjoyment with the primary activity requiring physical exertion, and the primary focus on human activity, Such activities generally occur in areas that ate intensively uscd and include but are not limited to playgrounds, ball courts, golf courses and swimming pools, RECREATION, PASSIVE (Effective: 4/5/18) Activities engaged in for the purpose of relaxation, health and wellbeing, or enjoyment with the primary activity requiring limited or no physical exertion, Such activities generally occur in areas that are intensively used or areas that are seldom used and include but are not limited to walking trails, picnic areas, or posts sel for resting, enjoying views, bird watching and similar activities. The person or organization responsible for the construction and/or maintenance of a stormwater facility, erosion and sediment controls, or any another activity or site improvement as determined by the Commission. RESTAURANT A commercial enterprise whose primary function is the sale of food and/or beverages for on-premises consumption, excluding night clubs, RETAIL SALES/SERVICE ESTABLISHMENT Anestablishment engaged in selling goods or merchandise to the general public for personal or houschold consumption and rendering services incidental to the sale of such goods, Retails sales and services shall not inchide uses which may involve the retail sale of merchandise but are specifically allowed only in certain zoning districts. TOPSOIL (Effective: 4/5/18) The upper lovel of soil typically moved in cultivation, frequently designated as the Ap horizon, TRAILER CAMP Any premises used or permitted to be used for the parking of more than one occupied trailer coach, This shall be synonymous with what is commonly called Manufactured Home Park or Trailer Park, UNDERGROUND DETENTION FACILITIES (Effective: 4/5/18) Vaults, pipes, tanks, and other subsurface structures designed to temporarily store stormwater runoff for water quantity control and to drain completely between runoff events, ‘They are intended to control peak flows, limit downstream flooding and provide some channel protection. UNDERGROUND INFILTRATION SYSTEMS (Effective: 4/5/18) Structures designed to capture, temporarily store, and infilirate the water quality volume over several days, including pre-manufactured pipes, vaults and modular structures. These are used as alternatives to infiltration trenches and basins for space limited sites and stormwater retrofit applications. UNDERUTILIZED BUILDINGS(S) (Effective 9/1/14) Structures which may or may not be located on a site that is classified as a Brownfield, which any portion of the structure is older than 50 years, which have remained vacant for more than five (5) years and which are demonstrated to not be suitable to mect the needs of the previously intended use either by the nature of their configuration, market economics, or are restricted by state regulations that govern its previous use. Buildings used for single family residential use shall not be considered an Underutilized Building unless it is an Historic Building. VEGETATED BUFFER (Effective: 4/5/18) An arca or strip of land in permanent undisturbed vegetation adjacent to a water body or other resource that is designed to protect resources from adjacent development during construction and after development by filtering pollutants from runoff, protecting water quality and temperature, providing wildlife habitat, screening structures and enhancing aesthetics, and providing access for recreation, VEGETATED FILTER STRIPS (Effective: 4/5/18) A strip or area of vegetation for removing sediment, organic material, nutrients and chemicals from runoff or wastewater, They are typically located down gradient of stormwater outfalls and level spreaders to reduce flow velocities and promote infiltration and filtration. VEGETATED LEVEL SPREADERS (Effective: 4/5/18) Uniformly graded vegetated surfaces (i.e. grass or close growing native vegetation) located between pollutant source areas and downstream receiving waters or wetlands, A level spreader is usually located at the top of the slope to distribute overland flow or concentrated runoff evonly across the entire length of the filter strip. VEGETATED ROOF COVERS (Effective: 4/5/18) Multilayered, constructed roof systems consisting of a vegetative layer, media, a geotextile layer, and a synthetic drain layer installed on building rooftops. Rain water is cither intercepted by vegetation and evaporated to the atmosphere or retained in the substrate before being returned to the atmosphere through transpiration and evaporation. Also referred to as green roofs. WATER QUALITY FLOW (WQE) (Effective: 4/5/18) The peak flow associated with the water quality volume calculated using the NRCS Graphical Peak Discharge Method, as defined in the 2004 CT Stormwater Quality Manual, as amended. WATER QUALITY SWALES (Effective: 4/5/18) Vogelated open channels designed to treat and attenuate the water quality volume and convey excess stormwater runoff, Dry swalos are primarily designed to receive drainage from small impervious areas and rural roads. Wet swales arc primarily used for highway runoff, small parking lots, rooftops and pervious areas, No swimming pools shall be constructed or operated in any district as an accessory use unless it complies with the Town of Waterford’s Building Code and the following conditions and requirements, 3.29.1 Bxolusive Private Use in All Residential Districts if a swimming pool is located in any residential district. The pool shall be intended and used solely for the enjoyment of the occupants of the main building on the property on which it is located and their guests 3.29.2 Distance Requirements The swimming pool, if accessory to a residential use, may be located anywhere on the premises except in a required front yard provided it shall not be located less than 10 feet from any street line or less than 6 feet from any side or rear lot line provided further that all pump and filter installations shall be located not closer than 10 feet to any property line. 3.29.3 Lighting Any lighting used to illuminate the swimming pool area shall be so arranged so as to prevent the light from shining or reflecting on adjoining properties. 3.30 HOUSEBOATS No houseboat as defined within Section 1 of these regulations may be docked or tied up at any location within the Town of Waterford except those areas in which a legally established marina or boat yard oxists, As such, the permitted existence of a houseboat shall be allowed only as an accessory use to said marina or boat yard, and all houseboats shall be located strictly within the confines of said marina or boat yard, The duration of the temporary use shall be approved by the Zoning Enforcement Officer based upon the project development schedule, contract duration, and phasing and occupancy schedule, 3.31.2 Outdoor Sales A zoning compliance permit shall be obtained from the Zoning Enforcement Officer for the temporary outdoor use of land for the storage, display, and sale of goods in any commercial or industrial district for a period not to exceed 30 days during any calendar year. The proposed outdoor use of land shall be clearly accessory and related to the principal use of the site and located in such a manner as not to disrupt the operation of the principal use and traffic circulation on the lot. 3.31.3 Procedures and Violations The Zoning Enforcement officer may modify and/or approve a Zoning Compliance permit for the temporary uses permitted herein, In his review of any application the Zoning Enforcement Officer shall refor said application for comment by applicable Town and State Agencies. In issuing a temporary Zoning Compliance Permit, the Zoning Enforcement Officer may attach such conditions as deemed necessary or requested by the commenting agencies. A bond in an amount established by the Zoning Enforcement Officer to ensure permit conditions are fulfilled, ospecially site clean up and restoration, may be required, The Zoning Enforcement Officer may refer an application to the Planning and Zoning Commission with a recommendation for denial stating the reasons why the use as applied for should not be permitted, The Commission shall take action on the denial of any application or may refer it back with direction for administrative action. The failure to comply with any conditions imposed or to remove a temporary structure/outdoor use of land for which a permit has lapsed shall be considered a violation of these Regulations. ‘The Zoning Bnforcemont Officer may withhold the issuance of FIFTEEN ROPE FERRY ROAD WATERFORD, CT 06385-2886 Permitting Department ZONING ENFORCEMENT ORDER TO DISCONTINUE ORDER TO DISCONTINUE DATE: 09/12/2024 MIRONOVAS ALEX & YULIYA 25 SPYGLASS HILL DRIVE ASHLAND, MA 01721 Dear Mr./Ms. MIRONOVAS, It was recently observed that property owned or under your control at 10 Shore Drive continues to be in violation of Sections 2.4, 3.9, 3.20 & 3.22 of the Waterford Zoning Regulations. A copy of these sections of the regulations are enclosed for your reference. On July 15, 2024 you were informed that you were in violation of Sections 2.4, 3.9 & 3.20 and ordered to take corrective actions to remove the unauthorized Recreational Camping Vehicle and all other unauthorized uses from the property located at 10 Shore Drive by July 29, 2024, This is the last correspondence you will receive prior to turning this matter over to the Town’s Attorney. Authority: 8-12, Connecticut General Statures 26.2, Waterford Zoning Regulations Penalty: 8-12, Connecticut General Statutes 26.2.1, Waterford Zoning Regulations Appeal: 8-7, Connecticut General Statutes 27,3, Waterford Zoning Regulations A complete copy of the current Town of Waterford Zoning Regulations can be found online: ://www.waterfordct.org/planning-development REQUIRED CORRECTIVE ACTION: © Remove the unauthorized Recreational Camping Vehicle and all other unauthorized uses from the property located at 10 Shore Drive. YOU ARE HEREBY ORDERD TO CORRECT SAID VIOLATIONS Page | of 2 #ZBA-24-25 10 Shore Dr. Exhibit 3 These violations must be remedied within ten (10) days of receipt of this notice. Failure to correct these violations within the stated time frame may result in the party being fined $100.00 per day for each day the violations continue and/or may result in a civil penalty not to exceed $2,500.00 and/or result in legal action to enforce the Order and to obtain penalties and fines accruing pursuant to Connecticut General Statutes Section 8-12. Sincerely, Wayne Zoning Official 860-444-5813 wscott@waterfordct.org CERTIFIED MAIL # 9174 9690 0935 0296 0580 34 ENFORCEMENT # ZNG-24-09-12 Note: Appeals to reverse any order, requirement, or decision of the officlal charged with the enforcement of the Town of Waterford Zoning Regulations must be taken within 45 days after such ruling was officially given. Forms to make an appeal can be picked up at the office of the Waterford Planning and Zoning Commission. ENCL: Sections 2.4, 3.9 3.20 & 3.22 of the Waterford Zoning Regulations Page 2 of 2 2.4 PERMITTED USES No buildings or land in any district shall be used for any purpose other than that which is specifically listed as a permitted use or is specifically listed as a use permitted subject to the approval of a special permit within the district in which the building or land is located, Any use not specifically listed as provided herein shall be prohibited, SECTION 3 - GENERAL PROVISIONS 31 COMPLIANCE WITH REGULATIONS No land, building, or premises or part thereon shall hereafter be used, and no building or part thereof of other structure shall be constructed, reconstructed, extended, enlarged, moved or altered except in conformity with these regulations, Every lot shall have an area, width, and front, side, and rear yards at least as large as set forth in the applicable paragraphs of these regulations, No building or buildings shall occupy in the aggregate a greater percontage of the lot area nor be greater in height than as set forth in the applicable paragraphs of these regulations, 3.9 ACCESSORY USES IN RESIDENTIAL ZONING DISTRICTS An accessory building and an accessory use are defined in Sections 1.1 and 1.2 of these regulations and such shall not be permitted to be established on any lot unless a main use or building is located on the same lot, Ina residential district, the following are deemed to be accessory uses: 3.9.1 Fully enclosed accommodations for passenger vehicles, 3.9.2 Garage or carport for one commercial vehicle, truck, tractor, piece of earth-moving equipment or commercial tools for personal or business use, provided that no such equipment or tools shall contain an engine of over 10 horsepower. 3.9 Open parking places for passenger vehicles belonging to the occupants of the dwelling units, 3.9.4 Trailers, manufactured homes, and recreational camping vehicles as permitted in Sections 3.20 and 3,22 herein, 3.9.5 Open or enclosed accommodations in the side or rear yard and 20 feet from a property line for one boat not more than 26 feet in length, one boat trailer, and one dinghy, used for pleasure purposes and belonging to the occupants of the dwelling unit, All boats over 26 feet In length shall be stored within an enclosure which shields the view of such boat from all adjacent property lines, 3.9.6 On lots of not less than 120,000 square feet which contain a single-family residence which is ocoupied by one family, a separate barn or structure to house a horse or other animal. Such barn or structure shall not be located closer than 150 feet from any lot line. 3.9.7 Private swimming pools, 3.9.8 Tool sheds, greenhouses, arbors, garden houses. 3.9.9 Boathouses, tennis courts. 3.9.10 Private antennae serving an individual dwelling provided the top of any such antennae shall not be more than 40 feet in height above the ground or more than 20 feet in height above the highest point on the dwelling's roof on which it is attached. 3.9.11 Accessory apartments in accordance with Section 3.36 of these Regulations, 3.9.12 Accessory dwelling units in accordance with Section 3.39 of these Regulations.(Effective 6/30/13) 3.18 3,19 3.20 MUNICIPAL WATER AND SEWER FACILITIES In accordance with the provisions of Section 23 of these regulations, the Planning and Zoning Commission may grant a Special Permit to the Town for the construction in any district of facilities such as pump stations, treatment and/or control installations and the like, rensonably necessary to provide for adequate water supply, sewerage, and drainage systems. Such permit may be granted afler said Commission has determined that the plans for said construction have met all local and state requirements with regard to public health and safety. Such permit may be issued notwithstanding the fact that such use does not meet other regulations concerning road access, lot size, area, or yard requirements. TEMPORARY FORMS OF OUTDOOR ENTERTAINMENT (Revised: 9/9/20) The following temporary forms of outdoor entertainment may be allowed by Zoning Compliance Permit. No single activity may take place for more than 14 consecutive calendar days. The total of all activities permitted under this section on a single property shall not exceed 75 calendar days within a single year, Such activities permitted under this provision shall include fairs, bazaars, concerts, dances, exhibitions, rodeos, circuses, catnnivals, festivals, recurring performances, outdoor theater productions, or other similar activity. An application for approval of such activity shall be submitted to the Zoning Enforcement Officer. The Zoning Enforcement Officer may require application submittal up to 21 days prior to the proposed start of the event. Prior to submitting and application, applicants shall contact the ZEO to ascortain any anticipated permit requirements and the amount of time necessary for review. Applications shall indicate the type of entertainment to be provided, the site of the event, and the period of time over which the event is to occur. Such application shall be accompanied by a sketch of the site, to scale, indicating the location and method of sanitary facilities, provisions for off-street parking, provisions for traffic controls, provisions for fire safety, proposed seating arrangement, location of all temporary booths, canopies, and/or tents, and such other information as the Zoning Enforcement Officer may require in order to assure that the public health, safety, and welfare is addressed, TRAILERS AND MANUFACTURED HOMES (Revised 7/5/11) No manufactured home or trailer shall be permitted in any district except as follows: 3.20.1 Ata location occupied by a manufactured home on September 1, 1966 except that ifa manufactured home is removed from such location for a period of twelve months, it may not thereafter ocoupy such location, 3.20.2 A manufactured home or trailer of 150 square feet or less and belonging to the occupant of a house may be parked or stored in the reat of a house lot provided that it is located not less than 30 feet from any property line and is suitably screened so as to not be visible from any adjacent property line and further provided that it is not used in any way while so patked or stored. 3.20.3 The Zoning Enforcement Officer may issue a temporary zoning permit to an owner of a manufactured home or trailer who is engaged in constructing his own dwelling for which a building permit has been issued, to place one manufactured home or trailer on the property on which the dwelling is being constructed for a period of six months, which permit may be extended for two additional periods of three months each, but in no event shall the total period of time for such temporary zoning permit exceed one year, Permits shall be obtained from the Zoning Officer after the Town's Sanitarian has determined that correct and proper water and sanitary avrangements have been made. 3.20.4 When a lot contains at least 40,000 square feet of lot area and has a single family dwelling upon it, not more than one trailer or manufactured home of 150 square feet or less may be placed upon such lot by a guest of the occupant of the dwelling located on said lot, provided no compensation is received by any party as a result of the placement of such trailer or manufactured home and further provided that no trailer or manufactured home placed upon a lot under the provisions of 3.21 this section shall be permitted to stay on said property for more than 30 days in any 12 month period, 3.20.5 A manufactured home may be permitted in a General Commercial (C-G) District as part of a manufactured home park expansion as provided by Section 3.21,2 of these regulations. TRAILER CAMPS OR MANUFACTURED HOME PARKS (Revised 7/5/11) 3.21.1 No parcel of land or premises in any district shall be used as a trailer camp or manufactured home park for the parking of two or more trailers, whether otherwise occupied or not, except in accordance with Section 3.21.2, (Effective Date: July 1, 1988) 3.21.2 Any trailer camp (or manufactured home park) existing at the time of the adoption of these regulations may not be expanded to permit the parking of a greater number of trailers (or manufactured homes) than at the time of the adoption of these regulations, Those manufactured home parks existing as of November 1, 1987 may expand to permit the parking of not more than twenty-five (25) additional manufactured homes, subject to the following general requirements, procedures. standards, and conditions: (Effective Date: July 1, 1988) 3.21.21 General Any proposal to increase the number of manufactured homes existing ina manufactured home park shall be considered a manufactured home park expansion and shall conform to all the requirements contained herein, A manufactured home park expansion may be permitted in General Commercial (C-G) Districts provided that the expansion area shall be on property that is contiguous to the existing manufactured home park, For the purpose of these regulations, the expansion shall be considered as part of the existing manufactured home park. 3,21.2.2 Procedure Each application for approval of a manufactured home park expansion shall require the submission of a site plan as provided for in Section 22 of these regulations, No construction shall be undertaken within any manufactured home park until a site plan has been approved by the Planning and Zoning Commission, All future use of the property shall be in accordance with the approved site plan, 3.21.23 Standards and Conditions Bach application for a manufactured home park expansion submitted in accordance with this Section shall meet each of the following standards and conditions. These standards and conditions shall apply only to the manufactured home expansion area unless specifically noted otherwise, A. Minimum Lot Area and Frontage - No manufactured home park expansion proposed under the provisions of Section 3.21.2 of these regulations shall be established on any lot unless the lot is at least 60,000 square feet in area and has a minimum frontage of 125 feet on a public street, The lot area shall include the existing manufactured home park and the expansion area, B, Density - In no case shall the total number of manufactured homes in any manufactured home park, including existing and expansion areas, exceed a total density of eight units per acre of total land area within the manufactured home park. C. __ Individual Space Size and Coverage - ‘The limit of each individual manufactured home space shall be a minimum of 5,000 square feet in area and not less than 50 feet in width and 100 feet in depth. The maximum coverage of all buildings on each individual space shall not exceed 30 percent, 3,22 PARKING OF RECREATIONAL CAMPING VEHICLES No recreational camping vehicle may be parked on any lot unless such lot contains a dwelling as the primary use of said lot and no recreational camping vehicle shall be parked on any fot within the Town of Waterford except in compliance with the following provisions: 3.22, 1 Not more than one recreational camping vehicle may be parked on any single residential lot, except as provided in Section 18.4 of these regulations, al any given time by a guest of the owner or occupant of the residence on such lot, and such parking of a recreational camping vehicle shall not result in compensation fo any party. Furthermore, no such vehicle shall be allowed to be parked on any such lot for more than 30 days and no single lot shall be used for more than a total of 30 days for' the parking of such recreational vehicles in any 12 month period, 3.22.2 Furthermore, nothing in these regulations shall prohibit the storage of not more than one recreational camping vehicle at any given tine on the property of the owner or occupancy of the residence which is located on such lot provided that it is not used in any way while stored, and that it is kept at least 10 feet from any side or rear property line or within a completely enclosed building, SECTION 27 - ZONING BOARD OF APPEALS 27.1 27.2 27.3 27.4 GENERAL There shall be a Zoning Board of Appeals consisting of five regular members and three alternates clected in accordance with Town Ordinance. Such Board shall act in accordance with the applicable provisions of Chapter 124 of the Connecticut General Statutes, POWERS AND DUTIES The Zoning Board of Appeals shall have the following powers and duties: 27.2.1 To hear and decide appeals where it is alleged that there is au ervor in any order, requirement, or decision made by the Zoning Enforcement Officer or any other official charged with the enforcement of these Regulations. 27.2.2 To hear and decide all matters upon which it is required to pass by the specific terms of these Regulations, 27.2.3 To determine and vary the application of provisions of these Regulations, in harmony with their general purpose and intent and with due consideration for conserving the public health, safety, convenience, welfare, and property values solely with respect to a parcel of land where, owing to conditions especially affecting such parcel but not generally affecting the district in which it is situated, a literal enforcement of these Regulations would result in exceptional difficulty or unusual hardship, so that substantial justice will be done and the public safety and welfare secured. APPEALS As provided by a rule established by the Zoning Board of Appeals, any party aggrieved by a ruling of the Zoning Enforcement Officer or any other official charged with the enforcement of these Regulations, shall file such appeal in accordance with the procedures established herein, within 15 days after the date of which such ruling was officially given. Such appeal shall be filed in accordance with the provisions of Section 8-7 of the State Statutes (see appendix to these Regulations) using a form providing by the Board, which specifies the grounds for such appeal and includes such other information as may be required. SPECIAL TREATMENT OF USE VARIANCES It is recognized that variances of the use provisions of these Regulations present special problems not occurring in the case of variances of other types, and as such, Section 8-6 of the State Statutes provides that these regulations may specify the extent to which use variances may be granted, Therefore, the following provisions shall control with regard to any ap