Planning & Zoning Commission (linked)

DEPARTMENT OF PLANNING AND DEVELOPMENT 
 
 
MEMORANDUM 
 
TO:  
Planning and Zoning Commission 
 
FROM: Mark Wujtewicz, Planner 
 
DATE:  November 27, 2023 
 
TITLE: CAM Site Plan – PL-23-15 
 
224 Niantic River Road 
Response to Commissioner Chenard Comment 
 
 
The above referenced application is for a Coastal Site Plan review of a single-family residential structure 
located within the Coastal Boundary. Due to the structure’s proximity to the nearest coastal resource, a 
coastal site plan review is required by the Planning and Zoning Commission. 
 
The minimum lot area for a parcel in the R-40 Zone District is 40,000 sq. ft. The parcel for this 
application contains 31,372 sq. ft. of lot area and is deemed a legal existing nonconforming lot relative to 
lot area. In accordance with Section 24.3 of the Zoning Regulations, a single-family dwelling is a 
permitted use on a nonconforming lot provided it conforms to all other provisions of the zoning 
regulations. 
 
The location of the existing structure on the parcel is nonconforming relative to the side yard setback to 
the northerly property line. The required side yard setback for the R-40 Zone District is 25 feet. The 
existing structure encroaches within the required setback by 2 feet. The applicant has proposed within his 
General Statement of Activity/Use submitted as part of his application to either relocate the existing 
structure in conformance with required setbacks thereby eliminating the existing side yard encroachment 
or demolish the structure and rebuild a new single-family structure in conformance with required setbacks 
for the R-40 Zone District. Either proposal will result in a structure conforming to the zoning 
requirements for an R-40 District. 
 
In order for the Commission to approve a site plan application, all improvements on a site plan must 
conform to the zoning regulations. The Commission may consider adding a condition to the proposed 
motion to require the location of the single-family dwelling be in conformance with the zoning 
regulations. Proposed condition #4 contained in the Written Findings and Decisions is to verify that the 
construction is in accordance with the approved site plan. 
 
 
FIFTEEN ROPE FERRY ROAD 
WATERFORD, CT 06385-2886 

From:
bleo73pz22@icloud.com
To:
Katrina Kotfer; Jonathan Mullen; Mark Wujtewicz; Greg Massad
Subject:
11-28 meeting
Date:
Friday, November 24, 2023 12:44:36 PM
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Hi All,
This is just a heads up.  I must attend to a family issue out of town Tuesday.  If things run late, I may miss this next
meeting.
I did want to share my opinion on one item on the agenda.  Regarding the CAM application, I am a bit confused.  As
I read it, the current house is non-complying, being built in an R-40 zone on a lot of insufficient size.  If the
applicant intends to take take down the current, grandfathered residence they should not be allowed to build a new
house without using the existing foundation.  So shouldn’t this application be going to Zoning appeals board for a
variance rather to us?
Kind regards,
Bert