Zoning Board of Appeals (linked)

TOWN OF WATERFORD 
COASTAL SITE PLAN REVIEW 
WRITTEN FINDINGS & DECISIONS 
ORIGINAL TO: 
COASTAL SITE PLAN REVIEW TRIGGER: 
Zoning Compliance (Site Plan) 
Subdivision 
Special Exception or Permit 
Variance 
Municipal Improvement 
PROJECT DESCRIPTION: 
Plan title:   
APPLICANT NAME:   
MAILING ADDRESS:
PROJECT ADDRESS:  
The applicant proposes to demolish an existing single family dwelling of approximately 877 square feet 
and construct a new single-family dwelling with a reduced footprint of approximately 791 square feet within 
the same area of the footprint of the existing dwelling. Based upon the proximity of the work associated 
with construction of the new dwelling to designated coastal resources, a Coastal Site Plan review is 
required. The coastal resources identified on the plan are a coastal bluff and the Niantic River Estuarine 
Embayment. The westerly portion of the parcel is adjacent to the Niantic River. A FEMA designated 
special flood hazard zone AE-12 occurs within the westerly portion of the parcel. A portion of the proposed 
structure and site improvements will be located within the FEMA regulated flood zone. Documentation 
submitted by the applicant indicates that the proposed dwelling will be constructed consistent with FEMA 
design standards for structures within the designated AE-12 Special Flood Hazard Area. The parcel 
contains 10,571 square feet of lot area and is located within the R-20 Zone District, which requires a 
minimum lot size of 20,000 square feet. The parcel is a pre-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 site plan 
submitted indicates that the proposed location of the dwelling on the property will require setback 
variances from the Zoning Board of Appeals (ZBA). An application for variances has been submitted and 
will be reviewed by the ZBA. 
 
The rear of the existing dwelling is located approximately 9 feet from the existing retaining wall which the 
plan identifies as mean high water. Grading and vegetative plantings are proposed within the Coastal 
Embankment as shown on the plans. The dwelling will be connected to existing municipal water and 
sewer service and utilities.  
"Coastal Site Plan Prepared for 1 Point Comfort LLC, 37 Oswegatchie Road, Map 
102 Lots 58 56, Waterford, Connecticut” dated September 19, 2024, revised 
November 4, 2025.
37 Oswegatchie Road

Coastal Site Plan Review Comment Checklist 
Page 2 
*
General Coastal Resources and General Development policies are applicable to all proposed activities. 
**    Policies that are not applicable are not checked in this chart. 
COASTAL RESOURCES AND RESOURCE POLICIES: 
ON-SITE 
ADJACENT  
TO SITE 
POTENTIALLY 
INCONSISTENT 
NOT 
APPLICABLE 
General Coastal Resources* 
Beaches and Dunes 
Bluffs and Escarpments 
Coastal Hazard Area 
Coastal Waters and/or Estuarine Embayments 
Developed Shorefront 
Freshwater Wetlands and Watercourses 
Intertidal Flats 
Islands 
Rocky Shorefront 
Shellfish Concentration Areas 
Shorelands 
Tidal Wetlands 
ADVERSE IMPACTS ON COASTAL RESOURCES: 
Appears 
Acceptable 
Potentially 
Unacceptable 
Not   
Applicable 
Degrades tidal wetland, 
beaches and dunes, 
rocky shorefronts, or 
bluffs and escarpments 
Degrades existing 
circulation patterns of 
coastal waters 
Increases coastal 
flooding hazard by 
altering shoreline or 
bathymetry 
Degrades natural or 
existing drainage 
patterns 
Degrades natural 
shoreline erosion and 
accretion patterns 
Degrades or destroys 
wildlife, finfish, or 
shellfish habitat  
Degrades water quality 
Degrades visual quality 
COASTAL USE POLICIES:** 
Applies 
Potentially 
Inconsistent 
General Development* 
Boating 
Coastal Recreation and 
Access 
Coastal Structures and 
Filling 
Cultural Resources 
Fisheries 
Fuels, Chemicals, or 
Hazardous Materials 
Ports and Harbors 
Sewer and Water Lines 
Solid Waste 
Transportation 
Water-dependent Uses 




































Coastal Site Plan Review Comment Checklist 
Page 3 
ADVERSE IMPACTS ON FUTURE WATER-DEPENDENT DEVELOPMENT ACTIVITIES AND OPPORTUNITIES:
Appears 
Acceptable
Potentially 
Unacceptable
Not 
Applicable
Replaces an existing water-dependent use with a non-water-dependent use 
Reduces existing public access 
Locates a non-water-dependent use at a site that is physically suited for a 
water-dependent use for which there is a reasonable demand 
Locates a non-water-dependent use at a site that has been identified for a 
water-dependent use in the plan of development or zoning regulations 
ISSUES OF CONCERN  (SEE SUMMARY AND RECOMMENDATIONS BOX FOR ADDITIONAL DETAIL): 
Insufficient information 
Potential increased risk to life and property in coastal hazard area  
Adverse impacts on future water-dependent development opportunities 
Proximity of disturbance to sensitive resources/need for additional vegetated setback 
Potential to cause erosion/sedimentation; need for adequate sedimentation and erosion control 
measures 
Water quality and/or stormwater impact 
Other coastal resource impacts:     
Other:     
SUMMARY AND RECOMMENDATIONS: 
The construction and use of a single family residential structure within the R-20 Zone District is consistent 
with the Town Zoning Regulations and 2012 Plan of Conservation and Development. The removal of the 
existing FEMA non-compliant dwelling and replacement with a FEMA compliant dwelling within the footprint 
of the existing structure reduces the amount of work on the coastal bluff thereby reducing and mitigating 
adverse impacts to the coastal resources and coastal hazards identified on and adjacent to the site.  
 
The coastal hazard FEMA designated Flood Zone AE-12 boundary is identified on the site plan. The 
Zoning Regulations require that the elevation of the first floor be no less than 1 foot above the designated 
Base Flood Elevation (BFE). The applicant proposes to construct the house by providing a first floor 
elevation which extends to elevation 18. All enclosed building area below the BFE shall be non habitable 
space constructed in accordance with the standards and criteria contained within the Waterford Zoning 
Regulations and the FEMA guidelines. The support material provided with the application indicates that all 
new construction will be compliant with the standards for construction in a FEMA designated flood hazard 
area AE-12. 
 
Potential to cause erosion/sedimentation: need for adequate sedimentation and erosion control measures: 
 
The project as presented identifies the proximity of site disturbance to the coastal resources. This 
disturbance is of a temporary nature during the construction of the single family dwelling. Erosion controls 
shall be extended along the top of the edge of the existing concrete shelf in such a manner as to prevent 
the negative impacts from any erosion that may occur from surface runoff during construction. The erosion 
controls shall be constantly inspected and left in place until the site has been permanently stabilized. 







Coastal Site Plan Review Comment Checklist 
Page 4 
FINDING:      (Please see summary and recommendations section on page 3 for discussion) 
CONSISTENT WITH ALL APPLICABLE COASTAL POLICIES, COMMENTS INCLUDED 
CONSISTENT WITH MODIFICATIONS OR CONDITIONS  
ADDITIONAL INFORMATION NEEDED PRIOR TO COMPLETE CSPR EVALUATION 
SUPPORTING DOCUMENTATION ATTACHED TO THIS CHECKLIST: 
Copies of photographs of the site dated: 
Copies of aerial photographs dated:   
GIS maps depicting:   
Coastal resources maps dated:   
OLISP Fact Sheet(s):    
Other:   
Water quality and/or storm-water impact: 
There is a potential for temporary negative impact to water quality during the construction phase of the project. This 
potential shall be mitigated through the installation and maintenance of erosion control measures as required to be 
identified on the site plan. The site plan and building elevation drawings do not indicate the use of roof drains. Any 
installation of roof drains shall be designed to prevent any erosive impacts from roof water discharge. The use of 
Low Impact Stormwater Design elements such as rain gardens shall be used. These elements must be shown on 
the site plan with details. The use of a rain garden is a Low Impact Stormwater element that is supported by the 
Zoning Regulations and reduces the potential for negative impact to the adjacent coastal resources.  
 
This project as approved with conditions 1 thru 7 is consistent with all applicable coastal policies and includes all 
reasonable measures to mitigate adverse impacts. 
 
1. Erosion control measures during construction shall be installed, maintained and remain on site for the duration of 
the project and until the establishment of a permanent vegetative cover on disturbed areas. 
2. Silt fence as depicted on the site plan shall be backed by haybales for its entire length and extended along the 
concrete shelf/retaining wall. Elevations of existing concrete abutments shall be required to be shown on the site 
plan. These modifications shall be shown on the final plan prior to filing on the land records.  
3. No work covered by this permit including the stockpiling of materials as shown on the site plan shall be 
conducted outside of the proposed silt fence. 
4. All existing trees shown on the site plan within the coastal bluff shall be protected from any damage during 
construction. 
5. A detailed coastal bluff planting plan shall be required at the time of building permit application. 
6. A foundation location certification shall be provided to the Zoning Official prior to framing in order to verify the 
location of the foundation complies with the setback requirements for the Zone District and any variances granted 
by the ZBA. 
7. An as-built survey shall be submitted to and approved by the Zoning Official prior to issuance of a Certificate of 
Zoning Compliance. This requirement is to verify that all improvements have been constructed in accordance with 
the approved site plan. 
 
 
Proposed Motion: 
 
To approve with conditions Site Plan CAM Application ZBA-25-4 located at 37 Oswegatchie Road with conditions 1 
thru 7 and to find that the project as approved with conditions is consistent with all applicable coastal policies and 
includes all reasonable measures to mitigate adverse impacts. 

Coastal Site Plan Review Comment Checklist 
Page 5 
For more information, contact:  
copies provided to 
Please be advised that, separate from the municipal review, the following 
Department of Environmental Protection permits may be required: 
Structures, Dredging, and Fill in Tidal Coastal or Navigable Waters 
Tidal Wetlands 
Stormwater General Permit  ( construction / industrial / commercial ) 
Other
Amy Souchuns, Esq.  LLC 
Indigo Land Design, LLC