Planning & Zoning Commission (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: 
The overall project is to construct a stone retaining wall of approximately 20 feet in length with a 6 foot return at the 
north property line, excavate approximately 10 cubic yards of sand, stone and gravel behind the retaining wall and 
backfill landward to existing grade elevation of 11. The approximate 10 cubic yards of fill is proposed to be placed 
within the Coastal Management Area that lies within the jurisdiction of the Town of Waterford. The fill will be 
graded to create a vegetated slope that extends to the existing grade line of elevation 11.
The proposed stone retaining wall will be placed waterward of the Coastal Jurisdiction Line within the CT DEEP 
jurisdiction and is currently under review through DEEP Structures and Dredging Permit Application #202207900. 
Copy of which is contained within the record. 
Plan title:   "Coastal Site Plan, New Stone Scour Wall, Niantic River, January 3, 2023, Property of Mark 
Spery & Anabel S. Frish, 21 Oswegatchie Road - Waterford, CT  06385"
APPLICANT NAME: Mark Spery
MAILING ADDRESS:  21 Oswegatchie Rd, Waterford, CT 06385 
PROJECT ADDRESS:  21 Oswegatchie Rd
Mark Spery 
21 Oswegatchie Road 
Waterford,CT  06385

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 (Modified Escarpment)
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 
X
x
X
X
x

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: 
CGS section 22a-92(b)(2)(F) states, in part, that one of the purposes of the Coast Area Management Act is to 
"Promote nonstructural solutions to flood and erosion problems except in those instances where structural 
alternatives prove unavoidable and necessary to protect commercial and residential structures and substantial 
appurtenances that are attached or integral thereto, constructed as of January 1, 1995, infrastructural facilities 
or water dependent uses." Statutory policy of the CGS section 22a-92(b)(2)(J) states that "Structural 
alternatives are permissible when necessary and unavoidable for the protection of  infrastructural facilities, 
water dependent uses, or existing inhabited structures, and where there is no feasible, less environmentally 
damaging alternative and where all reasonable mitigation  measures and  techniques have been  provided  to 
minimize adverse environmental impacts." The placement and installation of the stone scour wall  and all 
work located within the jurisdiction of the State of Connecticut which is defined as water-ward of the Coastal 
Jurisdiction Line (CJL El. 3.7) is pending review through the CT DEEP Structures and Dredging Permit 
Application #202207900. The area of concern within the Town of Waterford's Coastal Management Area 
jurisdiction, landward of the CJL includes fill and grading to continue the slope to existing grade behind the 
house.  The Commission finds that the continuation of the slope to the extent necessary in order to maintain 
an adequate grade and provide a vegetated slope is acceptable and necessary.
Potential to cause erosion/sedimentation; need for adequate sedimentation and erosion control measures: 
The project as presented identifies the proximity of the disturbance to the coastal resource. This disturbance 
is of a temporary nature during the construction of the stone scour wall.  Erosion controls shall be 
incorporated as identified on the site plan and at the top of slope in order to mitigate any adverse impacts 
from erosion that may occur from surface runoff during the regrading, soil and vegetation installation.

Coastal Site Plan Review Comment Checklist 
Page 4 
The erosion controls shall be left in place until the site has been permanently stabilized. 
Water quality and/or  stormwater 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 identified on the plan. 
Conditions: 
1. If erosion control measures identified on the plan are determined to not provide adequate erosion control
during construction, additional containment measures shall be incorporated in the field.
The Waterford Planning and Zoning Commission has examined the plans and all other documentation and 
comments offered by the applicant and reviewing agencies and finds the application consistent with Section 
25 of the Waterford Zoning Regulations. The proposal, as presented and submitted with conditions, is 
consistent with stated Coastal Area Management policies.     
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): Shoreline Flood and Erosion Control Structures 
Other:   
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: