Planning & Zoning Commission (linked)

DEPARTMENT OF PLANNING AND DEVELOPMENT 
 
 
MEMORANDUM 
 
TO:  
 
Planning and Zoning Commission 
 
FROM:  
Mark Wujtewicz, Planner 
 
DATE:  
April 8, 2025 
 
TITLE:  
Staff Report:  Rear Lot Single Family  
 
 
 
 
30 South Bartlett Road 
 
 
 
Site Plan 
Application PL-25-5 
 
 
 
EXECUTIVE SUMMARY 
The applicant proposes to construct a new single-family dwelling on a vacant parcel located 
at 30 South Bartlett Road. The parcel is located on an unimproved portion of South Bartlett Road 
and qualifies as a rear lot in accordance with Section 1 Definitions (Lot, Rear). In accordance 
with Section 3.14 of the Zoning Regulations, development on rear lots require site plan approval 
from the Planning and Zoning Commission. The parcel contains 31,608 square feet of lot area 
and is located within the R-40 Zone District. 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-40 District, 
the minimum area for a rear lot is 50,000 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 complies with the required setbacks of 25 feet for a rear lot 
within the R-40 Zone District. 
 
The dwelling will be serviced by an onsite septic system and public water supply.  
 
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\South Bartlett Rd, 30  PL-25-5\Staff Report_DRAFT.docx 
Section 5.1 – Low Density Residential District (R-40)  
Section 5.1.1 – One-family Dwellings 
 
 
Section 22 – Site Plans 
 
 
Section 24.3 – Non-Conforming Lots 
 
This application was received by the Commission on March 25, 2025. 
Action on this application must be no later than May 29, 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 rear lot development only after the proposal has been 
approved by the Commission. The public street known as South Bartlett Road terminates 
approximately 430 feet from the subject parcel. The parcel does not have frontage on the public 
street portion of South Bartlett Road and therefore qualifies as a rear lot in accordance with 
Section 3.14 of the Zoning Regulations. It has been has been in existence since prior to October 
28, 1970.  
All parcels south of the end of South Bartlett Road, including the subject parcel have rights 
of way access over the 33’ wide portion of Town property to access South Bartlett Road as noted 
on the referenced “Plan Showing Land To Be Acquired From The Estate Of Katherine Perry By 
The Town of Waterford”. This plan is submitted into the file for reference. The 33’ wide portion 
of Town property as shown on the referenced plan is unimproved, contains underground electric 
utilities, an existing public water main with a service valve connection at the parcel, and is used 
for access to the Town of Waterford parcel that contains the Rogers Hill Water Tower.  
The parcel is a pre-existing non-conforming lot relative to size and minimum lot dimensions, 
as identified in Section 3.14 of the Zoning Regulations. In accordance with Section 24.3.1 of the 
Zoning Regulations, a single-family dwelling may be erected on any non-conforming lot 
provided the construction and placement of the dwelling complies with all other provisions of the 
Zoning Regulations.  
The required minimum setbacks for rear lots located within the R-40 Zone District is 25 feet 
from all property lines. The site plan submitted indicates that the proposed location of the 

C:\Users\mwujtewicz\Box\TOW_PZBD\Departments\In_Process\Planning\South Bartlett Rd, 30  PL-25-5\Staff Report_DRAFT.docx 
dwelling on the property complies with the required setbacks for a rear lot development within 
the R-40 Zone District. Associated grading and limits of grading, 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. The restricted covenant 
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. 
 
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 5.1.1  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 the 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. 
 
and that the Commission approve the proposal with the following modifications and conditions:  
 
1. 
The Limits of Permanent Clearing and Disturbance shall be identified on the site plan  
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-25-5 located at 30 South Bartlett Road, with modifications 
and conditions 1 thru 3 and to adopt the findings 1 thru 4 of the staff report.