Planning & Zoning Commission (linked)

TOWN OF WATERFORD 
COASTAL SITE PLAN REVIEW 
WRITTEN FINDINGS & DECISIONS 
 
 
 
 
Plan title: "Zoning Location Survey, Coastal Site Plan Prepared for James G. Gerrish, for property located at 163 
Oswegatchie Road, Town of Waterford, County of New London, Connecticut” dated February 7, 2025.” 
ORIGINAL TO: 
COASTAL SITE PLAN REVIEW TRIGGER: 
James G. Gerrish 
Zoning Compliance (Site Plan) 
255 Park Avenue, Suite 1000 
Subdivision 
Worcester, MA 01609 
Special Exception or Permit 
Variance 
Municipal Improvement 
APPLICANT NAME: James G. Gerrish 
MAILING ADDRESS: 255 Park Avenue, Suite 1000, Worcester, MA 01609 
PROJECT ADDRESS: 163 Oswegatchie Road 
PROJECT DESCRIPTION: 
The applicant proposes to construct a new single-family dwelling on a vacant parcel located at 163 
Oswegatchie Road. Based upon the proximity of the work associated with construction of the new 
dwelling, a Coastal Site Plan review by the Planning and Zoning Commission is required. The 
southwesterly portion of the parcel is adjacent to Keeney Cove, an Estuarine Embayment that is 
associated with the Niantic River. A FEMA designated special flood hazard zone AE-12 occurs within 
the southwesterly portion of the parcel. The proposed structure and all site improvements will be located 
outside of the FEMA regulated flood zone. A drainage easement in favor of the Town of Waterford is 
located on the northwesterly corner of the parcel adjacent to Oswegatchie Road in order to convey 
stormwater drainage from Oswegatchie Road onto the parcel. This drainage easement will not be 
impacted by the proposed development. The parcel contains 22,500 square feet of lot area and is 
located within the R-40 Zone District, which requires a minimum lot size of 40,000 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 for the R-40 Zone 
District. 
The dwelling will be located within the envelope of the building lines. The rear of the dwelling will be 
located approximately 40 feet inland from the top of the coastal embankment which extends to an 
existing retaining wall at the Coastal Jurisdiction Line. No work or site improvements are proposed 
within the Coastal Embankment. The dwelling will be connected to existing municipal water and sewer 
service and utilities.  

Coastal Site Plan Review Comment Checklist 
Page 2 
 
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 
 
 
 
 
 
 
 
 
* 
General Coastal Resources and General Development policies are applicable to all proposed activities. 
**  Policies that are not applicable are not checked in this chart. 
X
X
X
X
X 
X
X
X
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-40 Zone 
District is consistent with the Town Zoning Regulations and 2012 Plan of Conservation and 
Development. The placement of the structure as far from the coastal resource as practical and 
still within the required zoning setbacks reduces the effect of proposed grading onto the 
coastal resources. 
 
The coastal hazard FEMA designated Flood Zone AE-12 was identified on the site with 
all work and associated site improvements in support of the single family dwelling to occur 
outside of the FEMA designated Flood Hazard Area. 
 
DEEP LWRD Recommendation: 
• 
Views of the property indicate the existence of a stone flood and erosion control wall 
along the water side of the property. A review of DEEP’s Data Viewer and Permitting 
Database does not show any previous authorization for said structure. Therefore, the 
Applicant will need to contact LWRD’s Permitting East Section regarding compliance 
with DEEP coastal regulatory program requirements. 

Coastal Site Plan Review Comment Checklist 
Page 4 
 
 
 
 
 
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 incorporated as identified on the plan 
in order to mitigate 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. 
Water quality and/or storm-water impact: 
There is a potential for a temporary negative impact to water quality during the 
construction phase of the project. This potential will be mitigated through the 
installation and maintenance of erosion control measures as modified on the site plan. 
The site plan indicates a roof drain installed and will discharge into a constructed rain 
garden. The proposed rain garden is designed to mitigate the amount of roof and 
surface storm water generated on the site post construction. 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 5 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 and remain on site for 
the duration of the project and until the establishment of vegetative cover on disturbed 
areas. 
2. Silt fence as depicted on the site plan shall be backed by haybales for its entire length. 
The detail on the site plan shall be modified to reflect this modification. 
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. 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. 
5.  An as-built survey shall be submitted 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. 

Coastal Site Plan Review Comment Checklist 
Page 5 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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: 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Proposed Motion 
 
To approve with conditions Site Plan CAM Application PL-25-4 located at 163 Oswegatchie Road 
with conditions 1 thru 5 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. 
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 
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 
For more information, contact: