Planning & Zoning Commission (linked)

DEPARTMENT OF PLANNING AND DEVELOPMENT 
 
 
MEMORANDUM 
 
TO:  
 
Planning and Zoning Commission 
 
FROM:  
Mark Wujtewicz, Planner 
 
DATE:  
April 25, 2023 
 
TITLE:  
Staff Report:  Private Clubhouse/Pickleball Court  
 
 
 
 
358 - 360 Mago Point Way  
 
 
 
 
Site Plan/Special Permit Application PL-23-5 
 
 
 
EXECUTIVE SUMMARY 
The project as proposed is to repurpose an existing vehicle repair facility with associated site 
improvements in support of an existing pickleball court facility. The existing vehicle repair 
structure will be the principal structure on the property as the private clubhouse. The proposed 
improvements and use of the property as a recreational use as listed in Section 14a.3.15 requires 
an approval of a Site Plan and Special Permit by the Planning and Zoning Commission.  
The parcel is located within the Coastal AE13 FEMA designated Special Flood Hazard Zone. 
Minimal improvements to the building are proposed in order to maintain compliance with FEMA 
requirements by keeping the cost of improvements to the structure to an amount less than 50% of 
the appraised value of the structure. Based on FEMA design requirements, improvements to the 
site that are not part of the building are not included within the 50% cost threshold.  
Site improvements to the property will include four onsite parking spaces including one 
ADA compliant space for passenger vehicles in addition to 2-shared parking spaces located at 
361 & 363 Mago Point Way. Both properties are owned and under the control of the applicant. 
Additional site improvements proposed include extensive on site landscaping, a location 
designated for a food truck with outdoor seating that will be available for public use. 
Improvements are also proposed along the frontage of the property in accordance with the Mago 
Point District streetscape standards including sidewalk and on street parking spaces.  
 
 
 
 
 
FIFTEEN ROPE FERRY ROAD 
WATERFORD, CT 06385-2886 

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BACKGROUND 
 
Pertinent Regulations 
CGS 8-3(g) 
Permitted Use within the District:  
Section 14a.3 (15) – Recreational uses  
Section 14a.3 (9) – Seasonal Outdoor Dining 
 
 
 
 
 
 
Section 20 – Off Street Parking 
Section 22 – Site Plans 
Section 22b – Design Review of Site and Building Requirements 
Section 23 – Special Permits with Design Review 
Section 25.3 – Development in Flood Hazard Areas 
Section 25.4 – Coastal Area Management 
 
 
The Planning and Zoning Commission received this application on March 28, 2023. The 
Public Hearing was advertised in The Day on April 11 and April 18, 2023. The Public Hearing 
was opened on April 25, 2023. 
Staff provided to the applicant review comments from various Town agencies and in 
resp0onse to comments, revised plans and reports were received April 18, 2023.  
 
DISCUSSION 
The use as proposed for a recreational facility is one that requires a Special Permit in 
accordance with Sections 14a.3.15 and 23 of the Zoning Regulations.  Before the Planning and 
Zoning Commission can approve a Specially Permitted Use it must determine that the proposed 
use conforms to the required findings listed in Section 23.5 of the Zoning Regulations. The 
applicant has provided statements of consistency with the required findings (Exhibit 1b). Staff 
has reviewed those statements as presented by the applicant and confirm that the use as proposed 
is consistent with these findings. 
The amount of parking required to support the use in accordance with Section 14a.7.1 (a) 
of the Zoning Regulations is six. The applicant proposes to provide 4 parking space on the site 
and 2 spaces to be provided offsite in accordance with Section 14a.7.1 (e). The applicant has 
entered into the record shared parking plans (Exhibit 7) that identify offsite parking spaces 
located at 361 and 363 Mago Point Way which are within 1,200 feet of the proposed use and are 
owned by the applicant of 358-360 Mago Point Way, the location of this proposal. The parking 
spaces identified as shared for this proposal meet the criteria established in Section 14a.7.1(e). 
The shared use of those spaces still provide adequate parking for the approved uses located on 
361 and 363 Mago Point Way. The Commission may approve the use of offsite parking spaces 
provided the use of those spaces are identified on the site plan (Zoning Note #7B) and is 
included in the decision of the Commission. 
The streetscape improvements proposed on the site plan are in conformance with the 
Streetscape Configuration standards listed in Zoning Regulation Section 14a.5.3 for the South 
Side of Mago Point Way. The applicant will construct these improvements and appropriate 

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easement documentation will be submitted and reviewed by the Department of Public Works and 
the Town Attorney as to form prior to the issuance of a Certificate of Zoning Compliance for the 
building improvements. A Quit Claim Deed to the Town will be required for the area outside of 
the existing Town Right of Way of Mago Point Way that includes a portion of the on-street 
parking spaces to the curb of the proposed sidewalk.  
The parcel is located within the Federal Regulated FEMA Special Flood Hazard Area 
Coastal AE with a Base Flood Elevation of 13. The applicant is proposing to limit the cost of 
improvements to the building to no more than 50% of the appraised value of the building as 
identified on the most recent Town of Waterford Assessor records. By limiting the cost of 
improvements to the building to an amount less than or equal to 50% of the appraised value of 
the structure, the applicant can maintain the FEMA exemption that would require elevating or 
reconstructing the entire building to FEMA design requirements. The Building Official and 
Zoning Official will review the associated costs of building improvements at the time the 
applicant submits for building permits. 
While the parcel is located within the Coastal Boundary, the improvements proposed are 
exempt from Coastal Site Plan review. The exemptions from Coastal Site Plan Review for this 
application is in accordance with Sections 25.4.2a.1 relative to the landscaping improvements, 
25.4.2a.2 as minor modification to the existing building and Section 25.4.2a.4 as modification of 
existing on premise structures including the walkways and driveway installation using paver 
materials.  
The food truck/trailer use and associated outdoor seating proposed by the applicant is 
permitted with Site Plan approval in accordance with Section 14a.3(9) of the Zoning 
Regulations. The applicant proposes this use as well as the pickleball clubhouse to be seasonal in 
nature, operating from April to November each year. The food truck/trailer and associated 
seating identified on the site plan will be available to the public while the pickleball court and 
clubhouse facilities will be for private membership use only.  
 
RECOMMENDED ACTION 
 
Based on the information provided, staff recommends the Planning and Zoning Commission find 
that:  
 
Findings: 
1.  
The application is for uses permitted subject to Special Permit and Site Plan approval, 
pursuant to Sections 14a.3(15) and 14a.3(9) of the Waterford Zoning Regulations. 
2. 
The statements of Special Permit Findings provided by the applicant in accordance 
with Section 23.5 identifies that the proposed use is consistent with sections 23.5.1 
through 23.5.9. 
3. 
The application meets the criteria for site plan approval, pursuant to Section 22 of the 
Waterford Zoning Regulations, subject to condition 3. 
4. 
The plan as presented conforms to Section 14a.7.1(e) in that the off site parking 
spaces have been identified on shared parking plans submitted into the record as 
Exhibit 7.  

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5. 
The application is in conformance with Section 25.3, Development in Flood Hazard 
Areas, of the Waterford Zoning Regulations. 
6. 
The proposed activity is exempt from a Coastal Area Management Site Plan Review 
in accordance with Sections 25.4.2a.1, 25.4.2a.2 and 25.4.2a.4 of the Zoning 
Regulations.  
7. 
This application has been reviewed by the Town of Waterford Design Review Board 
in accordance with Section 22b of the Waterford Zoning Regulations and which 
Board submits a positive report to the Planning and Zoning Commission 
 
and that the Commission approve with modifications the proposal (with the following 
conditions):  
 
1. 
Easement and support documentation for the proposed sidewalk along Mago Point 
Way shall be submitted and reviewed by the Department of Public Works and the 
Town Attorney as to form prior to the issuance of a Certificate of Zoning Compliance 
for the building improvements. 
2. 
A Quit Claim Deed to the Town shall be required for the area outside of the existing 
Town Right of Way of Mago Point Way that includes a portion of the on-street 
parking spaces to the curb of the proposed sidewalk. This shall be submitted and 
reviewed by the Department of Public Works and the Town Attorney as to form prior 
to the issuance of a Certificate of Zoning Compliance for the building improvements 
3. 
The existing conditions survey must be provided prior to filing the final plans on the 
land records. 
 
 
Proposed Motion 
 
To approve with modifications the site plan for New Pickleball Court and Clubhouse with 
Seasonal Outdoor Dining application #PL-23-5 at 358 & 360 Mago Point Way with 
conditions 1 thru 3 and adopt the findings 1 thru 7 of the staff report.