Planning & Zoning Commission (linked)

DEPARTMENT OF PLANNING AND DEVELOPMENT 
 
 
MEMORANDUM 
 
TO:  
Planning and Zoning Commission 
 
FROM:  Mark Wujtewicz, Planner 
 
DATE:  July 11, 2023 
 
TITLE:  Staff Report: PL-23-11 
Accessory Outdoor Dining with Music 
Section 3.44  
 
 
 
 
EXECUTIVE SUMMARY 
The application as submitted is a request by the owner/operator of Fat Tuna Restaurant located at 378 
Mago Point Way to review the proposal for adding music to an accessory outdoor dining use that was 
previously approved as a part of Site Plan approval #92-102 and Zoning Compliance Permit Z-23-35. In 
accordance with Section 3.44.b.9 music associated with outdoor dining may be permitted by the Planning 
and Zoning Commission.  
 
BACKGROUND 
 
Pertinent Regulations 
CGS 
Section 8-1cc 
 
Waterford Zoning Regulations 
Section 3.44 – Accessory Outdoor Dining 
Section 3.44.b.9 – Music may be permitted by the Planning and Zoning Commission in 
association with Accessory Outdoor Dining, provided sound emitted 
from said music is not in violation of any applicable noise ordinance. 
 
 
DISCUSSION 
The property has been operating with accessory outdoor dining on an existing deck through site plan 
approval #92-102 issued on April 13, 1992. Recently adopted CT State Statute Section 8-1cc (Effective 
May 1, 2023) permits the establishment of outdoor dining as an accessory use to an existing restaurant as 
of right, subject to administrative review for compliance with the Zoning Regulations. The current owner 
had applied for and received administrative approval from the Zoning Official to establish outdoor dining 
on a patio consistent with the Zoning Regulations and in conjunction with the Design Review Board’s 
findings of consistency with the Mago Point Design Guidelines. Zoning Compliance Permit Z-23-35 was 
issued for the patio dining on June 29, 2023. This application currently before the Commission, proposes 
to add music as an accessory element to the outdoor dining. In accordance with Section 3.44.b.9, the 
FIFTEEN ROPE FERRY ROAD 
WATERFORD, CT 06385-2886 

F:\PUBLIC\WS\PZAPPS\In Process\Mago Point Way, 378 PL-23-11\Staff Report_Fat Tuna.docx 
Commission is charged with determining whether the use of music can be provided in a manner that can 
be associated as an accessory use to the Outdoor Dining.  
 
RECOMMENDED ACTION 
 
Based on the information provided, staff recommends the Planning and Zoning Commission find that:  
 
Findings: 
1. The location of the restaurant facility is an approved dining establishment. 
2. The existing Accessory Outdoor Dining was previously permitted through Site Plan Approval 
#92-102 on April 13, 1992 and Zoning Compliance Permit Z-23-35 on June 29, 2023. 
3. Section 3.44.b.9 of the Zoning Regulations permits the Planning and Zoning Commission to 
review the use of music in association with Accessory Outdoor Dining. 
4. Application PL-23-11 meets the provisions of Section 3.44.b of the Waterford Zoning 
Regulations with the following conditions as listed herein. 
Conditions: 
1. The music and speakers shall be directed toward the seating area. 
2. Any modifications or adjustments to the manner of providing music as approved shall be 
reviewed by the Zoning Official in consultation with other Town agencies as required.  
3. All other applicable agency/governing authority approvals shall be the responsibility of the 
applicant. This approval does not constitute any other required agency or governing authority 
approvals or conditions. 
and that the Commission adopt the findings 1 thru 4 with conditions 1 thru 3. 
 
Proposed Motion 
To approve application PL-23-11 for music associated with Accessory Outdoor Dining in 
accordance with Section 3.44.b.9 of the Zoning Regulations at Fat Tuna Restaurant, 
located at 378 Mago Point Way with conditions 1 thru 3 and to adopt the findings 1 thru 4 of 
the staff report.