Conservation Commission Agenda (linked)

FIFTEEN ROPE FERRY ROAD WATERFORD, CT 06385-2886
TOWN OF WATERFORD, CT
PLANNING & DEVELOPMENT
Date: October 17, 2025
To: Waterford Conservation Commission
From: Maureen FitzGerald, Environmental Planner
Re: Application #C 25-13 — 97 Spithead Road
Application Review Comments
Proposed Regulated Activity
The application requests authorization to resubdivide a 28 acre parcel on 97 Spithead Road into 3
residential lots and construct homes on Lots #1 and #2. Lot #3 contains the existing house and
outbuilding. The new residential lots are each 2.67 acres in area and will be served by on-site septic
systems and municipal water. Lot#1 currently contains areas of mowed field and wooded cover. A small
area of forested wetland @ 900 sq. ft. in area occurs at the southeast corner of the lot and extends
southerly onto the adjacent property. Lot #2 is currently a mowed field. No wetlands occur on Lot #2.
Proposed regulated activities include clearing and construction activity on upland area adjacent to inland
wetlands. No activity is proposed within the 100 ft. upland review area of wetlands.
The parcel is part of a subdivision approved in 1990 by the Conservation Commission. Wetland soils
were delineated in 1990 and are primarily located within the C.L&P (Eversource) transmission right-of-
way. The wetland boundary established by the 1990 subdivision was applied to the present application.
The proposed lot development areas were examined by a soil scientist as part of this application and
found to not contain wetland soils.
Wetland Description
The wetland area to the southeast of Lot #1 was reviewed by staff on October 16, 2025. The area is a
distinct topographical depression with evidence from water marks on tree trunks that it contains
seasonally ponded conditions. The predominant vegetation is forested with a moderate shrub cover. The
northern edge of the wetland extends approximately 12 feet onto the Lot #1 parcel.
There is currently upland woodland cover on Lot #1 adjacent to the wetland edge. Maintaining a wooded
upland buffer area adjacent to this wetland boundary should be considered to conserve wetland hydrology
and habitat value. Establishment of a 50 ft. wide non-encroachment buffer is recommended.
A draft permit authorization is attached for the Commission’s consideration.
Maureen KE
Environmental Planner

DRAFT DRAFT
TOWN OF WATERFORD
Inland Wetlands & Watercourses Permit #C-25-13
97 Spithead Road, Waterford, CT
The Waterford Conservation Commission, in their capacity as the Town’s Inland Wetland
Agency, hereby authorizes the applicant to conduct regulated activities in designated areas
located at 97 Spithead Road, Waterford, CT, which are subject to jurisdiction in accordance with
CT General Statutes, Section 22a-36 through 22a-45, inclusive, as amended, and the Waterford
Inland Wetlands and Watercourses regulations.
This permit is a grant of approval to conduct the following regulated activities:
1. Grading and construction activity upgradient of inland wetlands to construct two (2)
residential lots served by on-site septic and municipal water.
These regulated activities are associated with the construction of a 2-lot residential resubdivision
on a 28 acre parcel of land located at 97 Spithead Road, Waterford, Connecticut. The proposed
development is shown on a plan entitled; “Ava’s Meadow Resubdivision, Property of Glenn E.
Fergione, For Property Located at 97 Spithead Road, Town of Waterford - County of New
London - Connecticut” revised thru October 15, 2025, prepared by James Bernardo Land
Surveying, LLC.
The Conservation Commission authorizes the activity with the following conditions of approval
to minimize impacts associated with the proposed regulated activity and protect the inland
wetlands and watercourses on this site:
SPECIAL CONDITIONS:
1. The limits of clearing and disturbance shall be marked on the lots and inspected
by the Commission’s agent prior to the start of site work.
2. A 50 ft. natural vegetated buffer bordering the wetland area at the southeast
corner of Lot #1 is to be maintained to protect the adjacent wetland hydrology and
water quality. No filling, grading, land clearing or removal of vegetation shall be
conducted within 50 ft. of the wetland on Lot #1 without specific authorization
from the Conservation Commission.
3. The 50 ft. vegetated buffer established on Lot #1 shall be labelled a wetland non-
encroachment boundary on the final plan and marked on site with non-
encroachment area markers provided by the Conservation Commission affixed to
trees or to 4 x 4 inch posts.

Waterford Conservation Commission
Inland Wetland Permit #C-25-13
97 Spithead Road
Page 2 of 3
STANDARD CONDITIONS:
4. The Conservation Commission’s agent shall be notified at least 48 hours prior to
commencement of any regulated activity.
5. Final stabilization of disturbed soil areas, including all temporary and permanent
soil disturbances, shall be stabilized with the application of loam, seed and
appropriate erosion control measures.
6. At all times during site work and until soil areas are stabilized, the applicant shall
install and maintain erosion and sediment control measures such as fabric filter
fence, staked hay bales or other measures deemed necessary by the Commission’s
agent to prevent erosion and sedimentation impacts to wetlands and watercourses.
7. Erosion control and soil stabilization measures shall comply with the approved
plans and the guidelines as established in the Connecticut Guidelines for Soil
Erosion and Sediment Control, as revised thru 2024.
8. Upon direction of the Commission’s agent, erosion and sediment control
measures shall be removed by the applicant following stabilization of the site.
All work and all regulated activities conducted pursuant to this authorization shall be consistent
with the terms and conditions of this permit. Any structures, excavation, deposition of fill,
obstructions of flow, encroachments or other regulated activities not specifically identified and
authorized herein shall constitute a violation of this permit and may result in permit
modification, suspension or revocation.
In the event that any additional wetland or watercourse regulated activities are required as a
result of other agency permitting to support the proposed activity, the Waterford Conservation
Commission reserves the right to reconsider the proposed regulated activity and may require
modifications to minimize the impact to wetland resources.
In evaluating this application, the Commission has relied on information provided by the
applicant. If such information subsequently proves to be false, incomplete and/or inaccurate, this
permit may be modified, suspended or revoked.
This permit shall be valid for a period of 5 years. Permit extensions may be authorized in
accordance with CT General Statutes § 22a-36 through 22a-45 inclusive. If the regulated
activity is not completed within this time frame, the permit may be held to be invalid by the
Conservation Commission or the applicant may be required to petition the Commission for an
extension or re-issuance of the permit. The Commission may require the applicant to furnish
additional information at that time.
The Conservation Commission renders this Summary Ruling in accordance with the Waterford
Inland Wetlands and Watercourses Regulations based on the following considerations:
A. The construction does not involve direct or indirect impacts to inland wetlands or
watercourses.

Waterford Conservation Commission
Inland Wetland Permit #C-25-13
97 Spithead Road
Page 3 of 3
B. Potential short-term construction impacts are minimized by installation of erosion
and sediment controls to reduce the potential for sediment impacts. Potential long-
term impacts to on-site wetland resources are minimized by maintenance of wetland
hydrology and maintenance of a vegetated upland buffer area adjacent to wetlands.
C. Strict adherence to the terms and conditions imposed with this permit will protect
the quality of wetlands and surface waters on this property.
This permit will be strictly enforced. If the Conservation Commission finds that the applicant
has not complied with the permit conditions or has exceeded the scope of this permit as set forth
herein, or, if the intended use of the general site is not as represented by the application or the
plan of record, the Commission may suspend or revoke this permit, direct the Environmental
Officer to issue a cease and desist order, require the applicant to modify, extend or revise the site
work, or require the applicant to restore the area to its original condition.
Dated: October 23, 2025
Issued By:
Chairman, Richard F. Muckle
Waterford Conservation Commission