Planning & Zoning Commission (linked)
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| Board/Commission | Planning & Zoning Commission |
|---|---|
| Meeting Date | August 19, 2025 |
| Pages | 6 |
| File Size | 1.1 MB |
| OCR Status | Searchable (OCR processed) |
| Source URL | Original |
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DEPARTMENT OF PLANNING AND DEVELOPMENT MEMORANDUM TO: Planning and Zoning Commission FROM: Mark Wujtewicz, Planner DATE: August 19, 2025 TITLE: Staff Report: Rear Lot Single Family 18 Cinderella Lane Site Plan Application PL-25-14 EXECUTIVE SUMMARY The applicant proposes to construct a new single-family dwelling with a garage on a vacant parcel located at 18 Cinderella Lane. Cinderella Lane is a private right of way and the parcel qualifies as a rear lot in accordance with Section 1 Definitions (Lot, Rear) of the Town of Waterford Zoning Regulations. In accordance with Section 3.14 of the Zoning Regulations, rear lot development requires site plan approval from the Planning and Zoning Commission. The parcel contains 104,000 square feet of lot area and is located within the R-20 (Medium Density Residential) Zone District which requires a minimum lot area of 20,000 square feet. In accordance with Section 3.14.3, the minimum area for a rear lot is 1.25 times the minimum lot area for the zone district. In the R-20 District, the required minimum area for a rear lot is 25,000 square feet. The site plan submitted indicates that the proposed location of the dwelling on the parcel complies with the required setbacks of 20 feet from all property lines for a rear lot within the R-20 Zone District. Approximately .26 acres of inland wetlands are present on the property. The Waterford Conservation Commission reviewed the site plan and issued permit #C-25-05 for regulated activities within the upland review area. The dwelling will be serviced by an onsite septic system and private well. BACKGROUND Pertinent Regulations CGS 8-3(g) Section 3.14 – Land Development on Rear Lots FIFTEEN ROPE FERRY ROAD WATERFORD, CT 06385-2886 C:\Users\mwujtewicz\Box\TOW_PZBD\Departments\In_Process\Planning\Cinderella Lane, 18 PL-25-14\Staff Report_DRAFT.docx Section 4.1 – Medium Density Residential District (R-20) Section 4.1.1 – One-family Dwellings Section 22 – Site Plans This application was received by the Commission on July 22, 2025. Action on this application must be no later than September 25, 2025. DISCUSSION In order for the Commission to approve a site plan it must find that the plan is consistent with the Town of Waterford Zoning Regulations. The Commission must act on the plan initially submitted for review and can find that the site plan is either compliant with the Zoning Regulations or it may approve the plan with modifications that are required to be implemented prior to filing on the land records. Section 3.14 of the Zoning Regulations governs the development of a rear lot. It states, in part “In order to permit a reasonable degree of development on parcels of land which have access to a public street, but do not have frontage on such public street, wherein the sole discretion of the Commission, it is neither probable nor desirable that such land be subdivided as permitted by the Town’s Subdivision Regulations, this Section 3.14, Land Development on Rear Lots may apply. However, only those lots which were in existence on October 28, 1970 and continuously thereafter, and which conform to all provisions of this section, shall be granted approval to be developed under the provisions of this section. ” A zoning permit may be issued for a single family rear lot development only after the proposal has been approved by the Commission. The parcel does not have frontage on a public street yet has access rights along a private right of way that is described in the deed for the property volume 1877, page 813 which is included in the record. This parcel therefore qualifies as a rear lot in accordance with Section 3.14 of the Zoning Regulations. It has been in existence since prior to October 28, 1970. The parcel is a conforming lot in accordance with the standards and requirements as identified in Section 3.14 of the Zoning Regulations. Cinderella Lane is a private right of way that serves eight rear lots. There are four additional parcels that have frontage on Old Norwich Road, however they obtain their access from Cinderella Lane. There is no Town utility infrastructure within Cinderella Lane and garbage pickup is provided by the Town in accordance with Town Ordinance 16.08.050(B). This ordinance lists Cinderella Lane among other private roadways that are eligible for municipal trash collection. The required minimum setbacks for rear lots located within the R-20 Zone District is 20 feet from all property lines. The site plan submitted indicates that the proposed location of the single family house and attached garage on the property complies with the required setbacks for a rear lot development within the R-20 Zone District. Associated grading and limits of clearing, wetland delineation and installation of utilities are indicated on the site plan. In accordance with Section 3.14.10 of the Zoning Regulations, a restricted deed covenant shall be filed on the Land Records, which stipulates that the Town shall not be required to plow, maintain, provide school bus service or garbage service to the rear lot. Since, by ordinance, the C:\Users\mwujtewicz\Box\TOW_PZBD\Departments\In_Process\Planning\Cinderella Lane, 18 PL-25-14\Staff Report_DRAFT.docx Town provides garbage service on Cinderella Lane, the restricted covenant will not include the stipulation regarding garbage service. The final language will be reviewed by the Town Attorney as to form and substance prior to endorsement and filing of the final plans on the land records. This requirement is listed as a condition of approval and will be the responsibility of the applicant to file the restrictive covenant along with the final plans on the land records. RECOMMENDED ACTION Based on the information provided, staff recommends the Planning and Zoning Commission find that: Findings: 1. The application is for a permitted use pursuant to Section 4.1.1 of the Waterford Zoning Regulations (One Family Dwelling). 2. The parcel is a Rear Lot as defined in the Waterford Zoning Regulations, Section 1- Definitions (Lot, Rear). 3. The application is for a single family development of a Rear Lot, which is subject to a Site Plan approval, pursuant to Section 3.14 of the Waterford Zoning Regulations. 4. The application meets the criteria for site plan approval for a rear lot development, pursuant to Section 3.14 of the Waterford Zoning Regulations, subject to condition 3. 5. The Waterford Conservation Commission issued Inland Wetland Permit# C-25-05 for regulated inland wetland activities. 6. The Waterford Conservation Commission issued a report of its action on application #C-25-05 in accordance with CGS 8.3(g). and that the Commission approve the proposal with the following modifications and conditions: 1. All conditions of approval for Inland Wetland Permit #C-25-05 shall be incorporated into this decision as if fully set forth herein. 2. Recommendation by the Town Attorney relative to form and substance of the restricted deed covenant in accordance with Section 3.14.10 of the Zoning Regulations prior to endorsement of the final plans. 3. The restricted deed covenant referenced in Condition 2 shall be filed on the land records at the time of filing the final plans. Proposed Motion To approve with modifications and conditions, the Site Plan for the single family rear lot development application #PL-25-14 located at 18 Cinderella Lane, with modifications and conditions 1 thru 3 and to adopt the findings 1 thru 6 of the staff report dated August 19, 2025.