Planning& Zoning Commission (linked)

DEPARTMENT OF PLANNING AND DEVELOPMENT 
 
 
MEMORANDUM 
 
TO:  
Planning and Zoning Commission 
 
FROM:  
Mark Wujtewicz, Planner 
 
DATE:  
November 18, 2025 
 
TITLE:  
Staff Report: PL-25-18 
2 Lot Residential Resubdivision 
Brown 9 Josan Drive 
 
 
 
 
 
 
EXECUTIVE SUMMARY 
The project as proposed is for a 2-lot residential resubdivision located at 9 Josan Drive, a cul-
de-sac 300 foot in length. The property is located within the R-40 (Low Density Residential) 
Zone District. The gross area of the parcel is approximately 4.6 acres and contains inland 
wetlands. This parcel was subject to a previously approved two lot resubdivision (PL-2007-22) 
on December 17, 2007. The Commission approved the resubdivision with conditions that were 
required to be implemented prior to recording the plans on the land records. Cross reciprocal 
easements for the shared driveway access, an estimate of and bonding for public improvements 
were required. Those conditions were not met and the resubdivision approval had expired.  
The parcel is located within the Coastal Area Management (CAM) Boundary. A review 
pursuant to the Connecticut Coastal Management Act (CCMA) conducted by the Land and 
Water Resources Division of CT Department of Energy and Environment Protection (DEEP) is 
required. The Coastal Site Plan Review Comments Checklist was submitted into the hearing 
record (Exhibit 7). DEEP review found no issues relative to any adverse impacts to the coastal 
resources either onsite or adjacent to the property 
The parcel has approximately 154.85 feet of combined frontage along two separate locations 
on both sides of a developed single family parcel in separate ownership. Proposed Lot 1 is 
configured as a flag lot in that it contains less than the minimum required 100 feet of frontage. 
The configuration of the parcel meets the design standards for flag lots as specified in the 
Waterford Zoning Regulations Section 3.38.  
With Lot 1 configured as a Flag Lot, the applicant is requesting a waiver of the Subdivision 
Regulations Section 5.3.8 which limits the number of Flag Lots allowed in a subdivision to no 
more than 20% of the lots proposed. This two lot resubdivision proposes one lot (50%) of the 
FIFTEEN ROPE FERRY ROAD 
WATERFORD, CT 06385-2886 

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lots as a flag lot. Therefore, a request is included in the application for a waiver of Subdivision 
Regulations Section 5.3.8 to allow for more than 20% of the lots as flag lots. The Planning and 
Zoning Commission may grant waivers to the Subdivision Regulations in accordance with 
Section 5.7 of the Subdivision Regulations. 
Proposed Lot 2 is configured as a standard frontage lot with 100 feet of frontage. Access to 
the lots will be over a shared driveway. Required access and maintenance easements shall be 
filed on the land records as part of any approval granted. Both parcels will be serviced by 
municipal water and sewer. Appropriate utility easements will be required to be recorded on the 
land records. 
The design of the proposed stormwater drainage system will require the installation of a 15” 
drainage pipe to an existing catch basin located within the Josan Drive right of way. This pipe 
installation and connection to the existing Town drainage system qualifies as a public 
improvement and will require bonding.  
The application has been reviewed and approved by the Waterford Conservation 
Commission through the issuance of Inland Wetland Permit #C-24-06. A copy of the 
Conservation Commission Action has been submitted into the record. (Exhibit 6) 
 
The application was received by the Commission on September 30, 2025.  
The Public Hearing was advertised in The Day on November 4, 2025 and November 11, 2025.  
The date of Public Hearing was November 18, 2025. 
  
BACKGROUND 
Pertinent Regulations 
CT General Statutes (CGS): 
CGS §8-25 –  Subdivision of Land  
CGS §8-26 -  Approval of subdivision and resubdivision plans. Waiver of certain 
regulation requirements. Fees. Hearing. Notice. Applications 
involving an inland wetland or watercourse. 
CGS §22a-92 – Legislative Goals and Policies 
Zoning Regulations: 
Section 3.34 – Lot Design Standards  
Section 3.38 – Flag Lot Development 
Section 5 – Low Density Residential District (R-40) 
Section 25.4 – Coastal Area Management 
Subdivision Regulations: 
Sections 3, 4 and 5 (relevant parts) 
Section 5.3.8 - Flag Lots 
 
DISCUSSION  
The applicant proposes to resubdivide the existing vacant parcel into two lots. The existing 
parcel was originally created through subdivision approval by the Planning and Zoning 
Commission in March, 1956. Any further subdivision of 9 Josan Drive qualifies as a 

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resubdivision in accordance with CT General Statute 8-25 and as defined in the Town of 
Waterford Subdivision Regulations.  
The applicant requests that the Commission consider a waiver to the Subdivision 
regulations Section 5.3.8 of the Subdivision Regulations. This section states, in part: “No more 
than twenty percent (20%) of any subdivision lots shall be flag lots.” In accordance with Section 
5.7.1.1 of the Subdivision Regulations, the Commission may grant waivers to the Subdivision 
Regulations if it finds that the granting of the waiver will not be detrimental to the public safety, 
health or welfare, or have a significant impact on adjacent property. When approving waivers, 
the Commission may apply conditions that, in its judgement will substantially secure the 
objectives of the requirements and standards of the regulations.  
The configuration of the Flag Lot (Lot 1) in this subdivision meets the design standards of 
the Zoning Regulations pertaining to Flag Lots. The area of the flag lot exceeds the minimum 
area requirement of the R-40 Zone District. The Commission may consider requiring, as a 
condition to the waiver, that the shared driveway be constructed in such a manner as to provide 
adequate access for emergency response vehicles. The driveway design can be reviewed by the 
Town Fire Marshal prior to the issuance of a Zoning Compliance Permit for construction.  
The parcel currently contains a single-family dwelling. Both parcels will utilize the existing 
driveway for access. An access and utility easement location is noted on the plans submitted 
(Exhibit 2) and a requirement to provide the proposed easement language for review is listed as a 
condition of approval.  
Both lots are consistent with the design standards for lots in the R-40 Zone District and the 
criteria within the Town of Waterford Subdivision Regulations and Section 3.34 (Lot Design 
Standards) of the Zoning Regulations. 
 
RECOMMENDED ACTION 
Based on the information provided, staff recommends the Planning and Zoning Commission find 
that:  
Findings: 
1. The property is located entirely within the R-40 (Low Density Residential) Zone District 
2.  The division of the property constitutes a resubdivision in accordance with the definition 
of resubdivision within the Town of Waterford Subdivision Regulations and State 
Statute. 
3. The proposed lots meet the lot design standards of Sections 3.34, 3.38 and 5 of the Town 
of Waterford Zoning Regulations.  
4. The Waterford Conservation Commission issued Inland Wetland Permit# C-24-06 for 
regulated inland wetland activities. 
5. The Waterford Conservation Commission issued a report of its action on application #C-
24-0 in accordance with CGS §8.3(g). 
6.  The resubdivision is consistent with the applicable coastal policies in Section 22a-92 of 
the Connecticut General Statutes. 

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7. Based upon a review of the information provided in the record and in accordance with 
Section 5.7.1.1 of the Waterford Subdivision Regulations, the Commission finds that the 
granting of the waiver to Section 5.3.8 of the Subdivision Regulations with conditions 
allowing one flag lot in the two lot resubdivision will not be detrimental to the public 
safety, health and welfare nor will it have a significant adverse effect on other adjacent 
property.  
and that the Commission approve with conditions application PL-25-18 with the following 
conditions:  
1. Pursuant to section 3.38.4 of the Zoning Regulations, the Commission finds that access to 
Lot 2 shall be over Lot 1 perpetuity. Cross reciprocal easements shall be required over 
Lot 1 in favor of Lot 2. These easements shall incorporate the use of the driveway access 
and utilities and are to be recorded on the land records at the time final plans are 
recorded. 
2. The shared driveway shall be designed and constructed in such a way as to support 
emergency vehicle apparatus. The driveway and associated drainage improvements 
within the area of the cross reciprocal easement shall be constructed prior to the issuance 
of a zoning compliance permit for house construction. 
3.   The public and shared improvements, including the drainage improvements and shared 
driveway shall be bonded prior to recording the final plans on the land records.  
4.  Access and utility easement language shall be submitted to the Planning Department and 
reviewed prior to filing the final plans on the land records. 
 
Proposed Motion: 
To approve with conditions Application PL-25-18, a 2-Lot residential resubdivision located 
at 9 Josan Drive with conditions 1 through 4 and to adopt the findings 1 through 7 of the 
staff report.