Planning & Zoning Commission (linked)

DEPARTMENT OF PLANNING AND DEVELOPMENT 
 
 
MEMORANDUM 
 
TO:  
 
Planning and Zoning Commission 
 
FROM:  
Mark Wujtewicz, Planner 
 
DATE:  
March 22, 2023 
 
TITLE:  
Staff Report:  
Business Offices/Storage Warehouses  
 
 
 
 
21 Gurley Road 
 
 
 
 
Site Plan/CAM 
 
 
 
EXECUTIVE SUMMARY 
This development as proposed is for the construction of the six free standing buildings to be used 
as Business Offices with Storage Warehouses along with associated infrastructure including 
driveways, parking areas, underground utilities, stormwater drainage elements and grading and 
landscaping. Each building will contain multiple tenants. One building will be constructed with 
access from Oil Mill Road along with its associated parking and site improvements. The 
remaining five buildings and access will be from Gurley Road. A portion of the project is located 
within the Coastal Area Management boundary and therefore a Coastal Area Management 
review is also being conducted in conjunction with the site plan review. The development of the 
parcel for the proposed uses as Business Offices with Storage Warehouses in the Industrial Park 
(IP-1) Zone District is allowed through the review and issuance of a Site Plan approval in 
accordance with Section 13.1.2, 13.1.8 and Section 22 of the Town of Waterford Zoning 
Regulations. Coastal Area Management review is being conducted in accordance with Section 
25.4 of the Zoning Regulations. 
 
BACKGROUND 
Pertinent Regulations 
CGS §8-3(g) 
CGS §8-24 
Permitted Use within the District:  
Section 13.1.2 – Professional Offices, medical clinics, medical service 
laboratories, research laboratories and business offices. (Effective 
11/28/95) 
Section 13.1.8 – Storage warehouses and wholesale establishments 
FIFTEEN ROPE FERRY ROAD 
WATERFORD, CT 06385-2886 

F:\PUBLIC\WS\PZAPPS\In Process\gurley rd, 21\Gurley Road, 21 PL-23-2 Site Plan\Staff Report.docx 
 
Section 20 – Off Street Parking 
Section 22 – Site Plans 
Section 22b – Design Review of Site and Building Requirements 
Section 25.4 – Coastal Area Management 
Section 25.6 – Stormwater Management and Low Impact Development Standards 
 
DISCUSSION 
The project as proposed is to develop approximately 9.9 acres of the total 22-acre parcel. An 
Archeological Reconnaissance Survey was conducted by the CT State Historic Preservation 
Office (SHPO) in support of a Stormwater Discharge permit issued by DEEP. Based upon 
research conducted by SHPO, a portion of the project parcel was identified as a contributing 
element to the pending Oil Mill Road Historic District listing on the National Register of 
Historic Places. This area was determined by SHPO to be located outside of the Area of Potential 
Effect associated with the Project. This archaeological site has been identified on the site plan 
and no activity is proposed within this area.  
The site is not currently served by municipal water and sewer. The proposal for the project 
also includes the extension of the existing water and sewer infrastructure along a portion Oil Mill 
Road and a portion of Gurley Road. Approximately 1100 feet of water and sewer main will be 
installed within a portion of Oil Mill Road and approximately 500 feet of sewer main and 1300 
feet of water main will be installed within a portion Gurley Road. The installation of the public 
infrastructure will be performed by the applicant in accordance to Town of Waterford Utility 
Commission and Department of Public Works design and construction standards. The 
infrastructure installation is included in this site plan review and must be completed as part of the 
overall project. The public infrastructure improvements were reviewed by the Planning and 
Zoning Commission on behalf of the Town of Waterford Utility Commission through a CGS §8-
24 application PL-22-12 and was approved on August 9, 2022. One of the findings in the 
approval stated that there is a variance process established by Town Ordinance that property 
owners can pursue to delay connection and that the Planning and Zoning Commission strongly 
recommends that the Utility Commission consider any requests for variance from properties 
impacted by the extension of the municipal water and sewer system related to application PL-22-
12. The municipal water and sewer extensions and associated work identified on the site plan is 
consistent with CGS §8-24 application PL-22-12.  
The amount of parking on the site is consistent with the requirements for the proposed uses 
as established in Section 20 of the Zoning Regulations.  A Traffic Impact Assessment (TIA) was 
conducted for the proposal. The traffic impact results initially identified in this report during 
preliminary review were based on an initial proposal of seven buildings with a total building area 
of approximately 80,800 SF and 271 parking spaces. The plans had been revised and submitted 
as part of this formal application to reflect a reduction in the number of proposed buildings to six 
with a total building area of approximately 65,680 SF. and a reduction in the number of parking 
spaces to 170. An updated TIA was provided by the applicants traffic engineer which identified 
the modifications to the initial preliminary plan and concluded that the findings presented in the 
initial report remain unchanged and that there will be “…no notable change to area traffic 
operations, and can be adequately accommodated within the existing transportation 
infrastructure serving the Project.” (Emphasis added)   

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In accordance with Section 22.3 of the Zoning Regulations, the Commission shall take action 
on the plan that was initially received and may approve that plan with modifications in order for 
the final plan to be consistent with the requirements for site plan approval. A parking layout plan 
dated received 3/8/23 which identified parking breakdown for each building was submitted. 
While the zoning regulations do not require that parking stalls be designated for each building, 
the identification of parking stalls on the plan for each building is to determine that adequate 
parking exists in areas proximal to the buildings being served.  This plan also included revisions 
to the sidewalk layout in order to provide adequate safe pedestrian movement to buildings. Each 
potential use shall require the issuance of a Zoning Compliance Permit in order to determine 
consistency with the allowed uses and parking requirements identified on the site plan. These 
modifications are listed within this staff report as conditions of approval. The Commission may 
take action by incorporating the conditions of approval into its decision. The plan provides for 
adequate parking and, with the above modifications, safe pedestrian access and movement within 
the parking areas through the use of sidewalks and painted crosswalks. 
The property contains approximately 3.75 acres of wetlands with proposed regulated activity 
occurring within 3.25 acres of the upland review area. As a result, an application for Inland 
Wetland Permit #C-22-09 was submitted to the Waterford Conservation Commission. Inland 
Wetland Permit #C-22-09 was approved by the Conservation Commission for site work, building 
and infrastructure construction, and construction of stormwater treatment basins and the 
discharge of stormwater run-off to adjacent inland wetlands.  In accordance with CGS §8-3(g) a 
report of the Conservation Commission action was submitted into the record.  
In accordance with Town of Waterford Zoning Regulations, a review of the Natural Diversity 
Data Base maps and files associated with this project was reviewed by CT DEEP. That review 
identified State Listed Species documented nearby the project site. The CT DEEP determined 
that the site plan submitted for review and protection measures incorporated in the site plan are 
adequate to minimize the impacts to the species identified.  
A portion of the parcel is located within the Coastal Area Management Boundary. The 
applicant submitted an application for Coastal Area Management Site Plan Permit in accordance 
with Section 25.4 of the Zoning Regulations. There were no coastal resources identified on or 
adjacent to the property. A perennial stream flows through the west portion of the parcel from its 
northerly property line along Interstate 95 to where it exits the property at the parcel’s southerly 
property line along Gurley Road and eventually discharging offsite to the Niantic River. 
Measures have been incorporated in the Site Plan that protect this perennial stream from negative 
impacts during site development through the use of temporary erosion and sedimentation control 
measures and the stormwater quality basins post construction.  
A Stormwater Management Design Report was submitted into the file for the proposal. A 
review of the report was conducted and stormwater design elements, including stormwater 
basins, rain gardens and subsurface leaching systems for roof runoff to address both water 
quality and quantity were incorporated into the plans. These systems have been reviewed and 
found that they will function adequately to mitigate any adverse impacts of both stormwater 
quality and quantity to subsurface and surface receiving waters and wetlands. The applicant has 
provided for the record a report which identifies that the proposed stormwater management 
system is consistent with and meets the criteria of the 2004 Connecticut Stormwater Quality 
Manual and is also consistent with Section 25.6 of the Zoning Regulations. 

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RECOMMENDED ACTION 
 
Based on the information provided, staff recommends the Planning and Zoning Commission find that:  
 
Findings: 
a. The parcel is located within the Industrial Park (IP-1) Zoning District as identified on the 
most recently adopted Zone District Map. 
b. The westerly portion of the parcel is located within the Coastal Area Management Boundary 
and is subject to Coastal Area Management review in accordance with Section 25.4 of the 
Waterford Zoning Regulations. 
c. The application is for a use(s) permitted subject to Site Plan approval, pursuant to Section 
13.1.2 and 13.1.8 of the Waterford Zoning Regulations. 
d. With modifications as specified within the staff report, the site plan conforms to Section 22 of 
the Town of Waterford Zoning Regulations. 
e. The application meets the criteria for site plan approval with modifications, pursuant 
to Section 22 of the Waterford Zoning Regulations, subject to conditions 3 and 4. 
f. The public water and sewer main extensions were reviewed by the Planning and 
Zoning Commission on behalf of the Town of Waterford Utility Commission through 
a CGS §8-24 application #PL-22-12 and was approved on August 9, 2022 with a 
finding that there is a variance process established by Town Ordinance that property 
owners can pursue to delay connection and that the Planning and Zoning Commission 
continues to strongly recommend that the Utility Commission consider any requests 
for variance from properties impacted by the extension of the municipal water and 
sewer system related to application PL-22-12. 
g. The site plan is consistent with the coastal policies in Section 22a-92 of the 
Connecticut General Statutes and Section 25.4 of the Waterford Zoning Regulations. 
h. The site plan incorporates all reasonable measures which would mitigate the adverse 
impacts on coastal resources. 
i. The Waterford Conservation Commission issued Inland Wetland Permit# C-22-09 for 
regulated inland wetland activities. 
j. The Waterford Conservation Commission issued a report of its action on application 
#C-22-09 in accordance with CGS §8.3(g).  
k. This application has been reviewed by the Town of Waterford Design Review Board 
in accordance with Section 22b of the Waterford Zoning Regulations and which 
Board submits a positive report to the Planning and Zoning Commission 
 
 

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and that the Commission approve with modifications the proposal with the following conditions:  
 
1. A stormwater Operations and Maintenance Plan shall be provided prior to the issuance 
of a Certificate of Zoning Compliance. 
2. All conditions of approval for Inland Wetland Permit #C-22-09 shall be incorporated 
into this decision as if fully set forth herein. 
3. Prior to filing on the land records, the final plans shall include a detail of the dumpster 
enclosures. 
4. Prior to filing on the land records, the final plans shall be modified to include the 
revisions to the sidewalk layout as shown on the parking layout plan dated received 
3/8/23.  
5. Each potential tenant use shall require the issuance of a Zoning Compliance Permit in 
order to determine consistency with the allowed uses and parking requirements 
identified on the site plan. 
 
 
Proposed Motion 
To approve with modifications, the Site Plan for Business Offices and Storage Warehouses located 
at 21 Gurley Road application PL-23-2 with conditions 1 thru 5 and to adopt the findings a thru k 
of the staff report.