Planning & Zoning Commission (linked)

DEPARTMENT OF PLANNING AND DEVELOPMENT 
 
 
MEMORANDUM 
 
TO:  
Planning and Zoning Commission 
 
FROM:  
Mark Wujtewicz, Planner 
 
DATE:  
January 13, 2026 
 
TITLE:  
Staff Report: PL-25-20 
3 Lot Residential Resubdivision 
Ava’s Meadow 97 Spithead Road  
 
 
 
 
 
 
EXECUTIVE SUMMARY 
The project as proposed is for a 3-lot residential resubdivision located at 97 Spithead Road. 
The property is located within the R-40 (Low Density Residential) Zone District. The gross area 
of the parcel is 32.79 acres and contains inland wetlands. This property was subject to a 
subdivision approval granted by the Waterford Planning and Zoning Commission on January 29, 
1990 through application #89-216.  
Approximately 4.73 acres of the property will be annexed and merged with an adjacent 
parcel under separate ownership located at 81 Spithead Road. The remaining property will 
consist of approximately 28.06 acres which is the subject of this resubdivision.  
The parcel has approximately 682 linear feet of frontage along Spithead Road, which is a 
Town accepted road. All three lots are configured as standard frontage lots. Lot 3 contains an 
existing single-family dwelling that is served by an onsite septic system and municipal water 
supply. It will continue to utilize an existing driveway accessing Spithead Road. Single-family 
dwellings are proposed to be constructed on Lots 1 and 2 with on-site septic and municipal water 
supply. Individual driveways are proposed to be constructed for each of the lots. There are no 
public improvements proposed for this project.  
The property contains approximately 10 acres of wetlands, the majority of which occurs in 
the rear of Lot 3. While Lot 1 contains approximately 900 square feet of wetlands there are no 
wetlands identified on Lot 2. The Waterford Conservation Commission reviewed the proposal 
through Inland Wetland application #C-25-13 and established a 50 foot wetland non-
encroachment boundary around the wetland located on proposed Lot #1. Notice of the 
Conservation Commission action has been submitted into the record as Exhibit 5.  
FIFTEEN ROPE FERRY ROAD 
WATERFORD, CT 06385-2886 

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There is an existing easement on the property in favor of the Eversource Power Company 
that is located on Lot 3.  
 
The application was received by the Commission on December 16, 2025.  
The Public Hearing was advertised in The Day on December 30, 2025 and January 6, 2026.  
The date of Public Hearing was January 13, 2026. 
  
BACKGROUND 
Pertinent Regulations 
CT General Statutes: 
CGS 8-26 – Subdivision of Land  
Zoning Regulations: 
Section 3.34 – Lot Design Standards  
Section 5 – Low Density Residential District (R-40) 
Subdivision Regulations: 
Section 3 – Subdivision Application Procedures 
Section 4 – Final Plan Requirements 
Section 5 – Design Requirements 
 
DISCUSSION  
The applicant proposes to resubdivide the existing parcel into three lots. The existing parcel 
was originally created through subdivision approval of application #89-216 granted by the 
Planning and Zoning Commission on January 29, 1990. Any further subdivision of 97 Spithead 
Road, which is the subject of this application, qualifies as a resubdivision in accordance with CT 
General Statute (CGS) 8-25 and as defined in the Town of Waterford Subdivision Regulations.  
The property survey conducted for this proposal revealed a discrepancy in the location and 
configuration of the southern boundary line of the parcel from a previous survey. A portion of 
the property (approx. 4.73 acres) is proposed to be merged with an adjacent parcel located at 81 
Spithead Road which is under separate ownership. The filing of a quit-claim deed that reflects 
this proposed parcel merger will be included as a condition of approval. The remaining 28.06 
acres will be resubdivided into three parcels. Lots 1 and 2 will be vacant parcels with each 
consisting of approx. 2.67 acres. Lot 3, which contains the existing dwelling and accessory 
buildings, will consist of approx. 18 acres and will continue to utilize the existing driveway. The 
proposed Lots 1 and 2 will each contain new driveways for access onto Spithead Road.  
The three parcels that will be created through this resubdivision are consistent with the 
design standards for lots in the R-40 Zone District and the criteria within the Town of Waterford 
Subdivision Regulations and Section 3.34 (Lot Design Standards) of the Zoning Regulations. 
The onsite septic systems have been reviewed by the Ledge Light Health District and approved 
with conditions (Ex.1d) 
 
 
 
 

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RECOMMENDED ACTION 
Based on the information provided, staff recommends the Planning and Zoning Commission find 
that:  
Findings: 
1.  The property is located entirely within the R-40 (Low Density Residential) Zone District 
2.  The division of the property constitutes a resubdivision in accordance with the definition 
of resubdivision within the Town of Waterford Subdivision Regulations and State 
Statute. 
3. The proposed lots comply with the lot design standards of Section 3.34 and Section 5 of 
the Town of Waterford Zoning Regulations as shown on the plan.  
4. The Waterford Conservation Commission issued Inland Wetland Permit# C-25-13 for 
regulated inland wetland activities. 
5. The Waterford Conservation Commission issued a report of its action on application #C-
25-13 in accordance with CGS §8.26. (Exhibit 5) 
and that the Commission approve with conditions application PL-25-20 with the following 
conditions:  
1. The area identified on the plans as “Parcel of Land to be Quit-Claimed to Marjorie L. 
Daly Trustee” shall be recorded on the Town of Waterford land records no later than the 
filing of the resubdivision plans on the land records.  
2. Any new breaks in the existing stone wall shall be removed and restacked along the 
existing wall.  
3. Driveway sightline demonstrations will be required for each driveway prior to the 
issuance of building permits for each lot. 
4.  All conditions of approval for Inland Wetland Permit #C-25-13 shall be incorporated 
into this decision as if fully set forth herein.  
 
Proposed Motion: 
To approve with conditions Application PL-25-20, a 3-Lot residential resubdivision located 
at 97 Spithead Road with conditions 1 through 4 and to adopt the findings 1 through 5 of 
the staff report dated January 13, 2026.