Representative Town Meeting Regular Meeting Materials (linked)

FIFTEEN ROPE FERRY ROAD WATERFORD, CT 06385-2886
DEPARTMENT OF PLANNING AND DEVELOPMENT
MEMORANDUM :
©
TO: Waterford Representative Town Meeting Ps =)
FROM: Abby Y. Piersall, AICP, Director of Planning and Development =
\ on)
DATE: May 20, 2022
TITLE: Planning and Zoning Commission Recommendation to Opt Out of Public Act 21-29: Provisions for
Accessory Dwellings.
Public Act 21-29, which became effective on January 1, 2022, enacted State-mandated standards for
permitting accessory dwellings associated with single family homes. The new standards apply universally
to all municipalities in CT unless a municipality “opts out” before January 1, 2023. Waterford’s Planning
and Zoning Commission has reviewed the legislation in depth, as it relates to the zoning regulations and
future housing policy. After holding a public hearing to discuss Waterford’s options, The Commission
adopted specific findings and formally recommended that the RTM votes to opt out of PA 21-29,
PA 21-29 articulates the required steps a municipality is required to take in order to opt out, which
includes action by both the Planning and Zoning Commission and the legislative body. Waterford’s
Planning and Zoning Commission held the required public hearing over two meetings (January 25" and
March 8" to ensure adequate opportunity for public engagement), and voted to recommend opting out
on April 26"*. The Commission advertised notice of its decision as required. After the Commission’s
recommendation, PA 21-29 requires that the RTM vote by a 2/3 majority to opt out of the legislation.
If the RTM approves opting out, the existing zoning regulations would remain in effect until the
Commission takes separate steps to change them. If the RTM does not vote to opt-out, Waterford’s
current regulations would be declared null and void on January 1, 2023 and the State requirements
would be effective. There is no opportunity to opt out after January 1, 2023.
Waterford’s current Zoning Regulations for accessory dwellings are out of date and can make it
prohibitively difficult for many owners to renovate homes to accommodate apartments or build
detached units on their properties. Presentation slides from the public hearing are attached to this
memo that highlight some of the deficiencies in the existing regulations, as well as the requirements of
PA 21-29. The Planning and Zoning Commission has recognized that opting out of the legislation will
allow the Commission to modify the Zoning Regulations to be largely compliant with PA 21-29, while
preserving the ability to make changes in the future. Some key ideas the Commission has discussed so
far include:

Adopting many of the standards from PA 21-29, including simitar dwelling unit sizes, eliminating
restrictions requiring occupants to be related, and ease of permitting.
Considering design standards for detached accessory dwellings to promote an aesthetic
relationship between the principle dwelling and the detached unit.
Considering a requirement that detached accessory dwellings be set farther back from streets
than the principle dwelling, and requiring such units be shorter in height than the principle
dwelling.
Reviewing standards for accessory units on very large properties to allow larger accessory
dwellings than are currently permitted.
The Planning and Zoning Commission is responsible for the content of new regulations, and would solicit
public input in order to craft rules that both protect Waterford’s neighborhoods and enable flexible use
of private property. Should the RTM vote to opt out of PA 21-29, the Commission has expressed its
intent to invite public comment and modify regulations for accessory dwellings without delay.
Attachments
1.
Minutes of the April 26, 2022 Planning and Zoning Commission Meeting Summarizing the
Commission’s Findings and Recommendation to Opt Gut of Accessory Dwelling Provisions of PA
21-29.
Slides from the Planning and Zoning Commission’s Public Hearing concerning the Opt Out.
Excerpt from Public Act 21-29 related to accessory dwellings.

Planning and Zoning Commission.
April 26, 2022
p. | of 5
Remote Access ais
2022 HAY -3° PH 2: 95
Planning & Zoning Commission
Metnbets: Present: G. Massad, K. Barnett, T. Bleasedale, K. Petrini
Members Absent: N. Giansanti
Alternates Present: J, DiBuono
Alternates Absent: B. Chenard
Staff Present: A. Piersall, AICP, Planning Director; M. Wujtewiez, Planner, R.
1.
4,
Avena, Town Attorney, K. Kotfer, Recording Secretary
CALL TO ORDER AND APPOINTMENT OF ALTERNATES
Chairman. Massad called the meeting to order at 6:30 PM. J, DiBuono was seated for N.
Giansaniti,
APPROVAL OF MINUTES
MOTION: Motion made by-T. Bleasedale, seconded by K, Barnett, to approve the April 12,
2022 meeting minutes.
VOTE: 5-0
RECEIPT OF APPLICATIONS
#PL-22-5 — Request of Mark Kepple, applicant, to amend Sections 3:44 of the Waterford
Zoning Regulations (Temporary Outdoor Dining).
PUBLIC HEARING REQUIRED BY: 6/30/22.
#PL-22-6 — Request of Adams Builders, LLC, applicant & owner, Joe Wren, PE, agent for a
Zoning Map Change and Planned Design District at 48 Great Neck Road.
PUBLIC HEARING REQUIRED BY: 6/30/22
The. Commission received the applications,
PUBLIC HEARINGS
#PL-22-2 — Application. of the Waterford Planning & Zoning Commission to amend Section
20.4c of the Waterford Zoning Regulations (Off Street Parking).
G. Massad opened the public hearing at 6:34 p.m. M. Wujtewicz read the list of exhibits, 1-4
into the record. A. Piersall made a presentation regarding the proposed change.
Manjola spoke in support of the regulation amendment.
G. Massad asked three times if anyone would like to speak regarding the application.

Planning, and Zoning Commission
April-26, 2022
p. 2o0f 5
MOTION: Motion made by T. Bleasedale, seconded by K. Petrini, to close the public
hearing,
VOTE: 5-0
The public hearing closed at 6:40 p.m.
#PL-22-4— Application of the Waterford Planning & Zoning Commission to amend the
Waterford Zoning Regulations Sections | (Definitions).and 3.44 (Temporary Outdoor Dining).
G. Massad opened the public hearing at 6:40 p.m. A. Piersall made a presentation. M.
Wujtewicz read the list of exhibits, 1-5 into the record,
Attotney Mark Kepple spoke on behalf of a group of neighbors.
Manjola spoke regarding the application.
Adel Terzi, 134 Fog Plain Road, spoke regarding the application.
Bill O’ Donnell spoke regarding the application.
Nancy Hennegan, 7 Reynolds Lane, spoke regarding the application.
Debra Griffith, North Road, spoke regarding the application.
G, Massad asked two times if any member of the public would like to speak.
Barbara Zabel and Tom Kowzer spoke regarding the application.
G. Massad asked three times if any member of the public would like to speak.
MOTION: Motion made by K. Barnett, seconded by T. Bléasedale, to close the public
hearing.
K. Barnett-inquited whether closing the public hearing would prevent the public
from further participation on the application. A. Piersall stated that it would
preclude the public from making additional comments, IK... Barnett withdréw her
motion,
MOTION: Motion made by T. Bleasedale, seconded by J. DiBuono, to close the public
hearing noting that zoom has been an adequate forum for the past two years.
VOTE: 4-1 (K, Barnett)
The public hearing closed at 7:42 p.m.
§. APPLICATION REVIEW
#PL-22-2 ~ Application of the Waterford Planning & Zoning Commission to amend Section
20.4c of the. Waterford Zoning Regulations.(Off Street Parking).

Planning and Zoning Commission
April 26, 2022
p.3 of 5
The Commission discussed the. proposed. amendment and made the following findings:
1. Application PL-22-2 meets the requirements of Section. 28 of the Waterford Zoning Regulations.
2, Application PL-22-2 meets the requirements of Connecticut General Statutes Chapter 124 §8-3
governing changes of zoning regulations and districts.
3. The proposed Regulation Amendment is consistent with the 2012 Plan of Preservation Conservation
and. Development in meeting the stated goals of the Business/Economic Development Guide in that
the modifications as proposed will promote business and economic development to. meet local needs,
maintain a favorable. tax base and.assist in encouraging future business activities.
4, The proposed Regulation Amendment is consistent with the 2012 Plan-of Preservation Conservation
and Development in Promoting Appropriate: Business Development by utilizing data from the most
recent edition of the ITE Parking Generation Manual.
MOTION: Motion made by T. Bleasedale, seconded by K, Petrini, to approve Application PL-
22-2 to amend Zoning Regulations.Section 20:4(c):and adopt the findings 1 thru 4 of the
Staff Report with:an effective date of May 18, 2022.
VOTE: 5-0
#PL-22-4- Application of the Waterford Planning & Zoning Commission to.amend the
Waterford Zoning Regulations Sections 1(Definitions) and 3.44 (Temporary Outdoor Dining),
The Commission discussed the application.
MOTION: Motion made by T. Bleasedale, seconded by K. Petrini, to table the discussion to
the May 10,2022 imeeting.
VOTE: 5-0
6. REVIEW OF OPT OUT OF PA21-29
The Commission discussed the application. T. Bleasedale stated for the record that he listened
to the audio and video of the Opt Out: public hearing.
The Commission made the following findings:
1. Public Act 21-29 became effective Oct. 1, 2021 and included standards to-allow construction.
of accessory apartments that supersede municipal zoning regulations governing accessory
units, unless a-municipality opts out of the legislation before January 1, 2023.
2. Waterford’s current zoning regulations (sections 3.36 and 3.39) do not meet the standards
for accessory apartments adopted in PA 21-29,
3. Waterford’s Plan of Preservation, Conservation, and Development (POPCD), includes a
goal to guide. residential development by encouraging a variety of housing types and
densities to meet the housirig needs of current and future residents. This goal includes
protecting existing residential neighborhoods and providing for a diverse housing portfolio
in Waterford,

Plannirig and Zoning Commission
April 26, 2022
p.4of5
4,
The Planning.and Zoning Commission generally supports elements of PA 21-29 which
endeavor to increase the diversity of housing options in Conriecticut municipalities.
The Planning and Zoning Commission held a public hearing on January 25, 2022 to hear
public comment on the potential to opt-out of accessory apartment standards enacted in PA
21-29, The date of this hearing was advertised in The Day-newspaper on January 11, 2022
and Januaty 18, 2022. Based on comment.received at this hearing, the Commission
continued the public hearing. to the February 22, 2022 and Match 8, 2022 regular
Commission meetings to encourage additional public corament and engagement. Materials
and testimony associated with the public hearing were posted on the Town’s website
throughout the hearing process.
Certain elements of PA 21-29 do not afford the Commission sufficient control in
establishing standards for accessory apartments, including provisions for determining unit
size, detached. building heights, and. front yard setback standards.
Should the Town opt out of PA 21-29, the Commission will undertake:a comprehensive
evaluation of existing zoning regulations and craft new regulations, subject to public input,
that better address issues of form, size, and design of accessory apartments in Waterford.
MOTION: Motion made by T. Bleasedale, seconded by K, Petrini, that the Waterford
Planning and Zoning Commission hereby adopts findings 1-7 listed herein, and
recommends that the Waterford Representative Town Meeting vote.to opt out-of
PA 21-29 for the following reason:
The Planning and Zoning Commission can best provide for mote diverse housing
opportunities and protect existing residential neighborhoods in a manner
consistent with the POPCD by adopting independent standards to govern
accessory apattments that do not strictly adhere-to all elements of PA 21-29,
VOTE: 5-0
6, CORRESPONDENCE
No correspondence was received.
7, COMMISSION BUSINESS
A,
B,
C
Discussion of Public Hearing Date for Application #PL-22-3
G. Massad directed staff to schedule the public hearing for May 24, 2022.
Review-of past months and ongoing projects
A, Piersall gave a brief update to the status of ongoing projects.
Upcoming projects
A. Piersall gave a brief update to the status of upcoming projects,

Planning and Zoning Commission
April 26, 2022
p. 5 of 5
8. ADMINISTRATIVE REVIEW
Discussion of Potential Amendments to. Accessory Dwelling Units
The Commission continued the discussion to their next meeting,
Discussion of Potential Third Party Review Standards
The Commission discussed staffs memo and continued the discussion to the next meeting,
9, ADJOURNMENT
MOTION: Motion made by K. Barnett, seconded by T. Bleasedale, to adjourn the meeting at
9:38 PM.
VOTE: 5-0
Respectfully yar
¢ fyghrsmade Kotfer
Recording Secretary

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9 is legislation that standardizes requirements for
y dwellings throughout Connecticut.
w went into effect January |, 2022.
w allows accessory dwellings (attached or detached)
re where residential uses are permitted.
alities can choose whether to “opt-out” of the law
anuary |, 2023.

became
effective
on
January
|,
2022.
Modify
zoning
regulations
to
be
consistent
with
the
new
law.
out
of
the
law
and
keep
the
existing
regulations.
out
of
the
law
and
change
zoning
regulations
for
accessory
dwelling
units.
out
of
the
law
requires
a
public
hearing
and
a
vote
by
Planning
and
Zoning
Commission
and
a
subsequent
vote
by
Representative
Town
Meeting
(RTM).
the
public
hearing
to
consider
opting
out.

"Accessory
apartment”
means
a
separate
dwelling
unit
that
(A)
locate
on
the
same
lot
as
a
principal
dwelling
unit
of
greater
footage,
(B)
has
cooking
facilities,
and
(C)
complies
with
otherwise
exempt
from
any
applicable
building
code,
fire
an
health
and
safety
regulations;

equires:
Designation
of
locations
or
zone
districts
where
Accessory
Apartments
are
alowed:
provided
all
lots
with
single
family
dwe
may
have
an
Accessory
Apartment.
Permitting
attached
and/or
detached
Accessory
Apartments.
floor
area
not
less
than
30%
of
principle
dwelling
or
,00
whichever
is
less.
Larger
units
may
be
alowed.
Setba
frontages,
and
lot
sizes
to
be
less
than
or
equal
to
pr
building
requirements.
coverage
equal
or
greater
than
principle
dwelling

landscaping,
and
architectural
design
standards
that
do
exceed
existing
standards
for
single-family
homes.
t
Town
cannot
require:
Passageways
between
principle
and
accessory
units
Exterior
doors,
unless
required
by
building/fire
codes
than
one
parking
space,
or
a
fee-in-lieu
of
parking
Famil
marital,
or
employment
relationships
between
occupants
of
principle
and
accessory
dwelings
restrictions
for
occupants
ated utilities
Periodic
permit
renewals
for
accessory
apartment
permits

ord’s Current Zoning Regulations
ccessory Apartments
thin or addition to existing home)
ed 850 s.f.or 25% of combined floor area of home and apartment, whichever is less.
arking spaces for each dwelling unit on a property
eparate entrance.
property owner to live in one of the units.
ccessory Dwellings
pecial Permit
eed 1,800s.f. or 25% of main home, whichever is less
property owner to live in one of the units.
ermanent foundation and architectural design compatibility with primary structure
of 20 feet, Requires a 30-foot separation from primary structure. Cannot be attached by a
ezeway or other structure.
0,000 sf lot size in R-20 and R-40 districts, 240,000 s.f. lot in RU-120 district, and 400,000 sf.
own water supply well
edicated and visually concealed parking spaces for the accessory dwelling.

29 Considerations
d’s current regulations do not comply with the new law.
aw is more permissive than Waterford’s current
s, making it easier for people to create additional
aw provides flexibility to property owners to
date relatives, caregivers, or renters.
aw leaves Waterford with less control over building
ns and design than in current regulations.

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PA
21-29
are
supported.
zoning
regulations
and
determine
what,
if
any
will
be
made
to
the
existing
regulations.
mmission has discussed the potential of adopting
regulations
that
closely
mirror
the
new
law,
but
provide
more
|
ntrol over:
n of detached units
Location
of
detached
units
(behind
the
main
house)
H
of
detached
units
(perhaps
higher
than
20
feet,
but
shorter

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Substitute House Bill No. 6107
provided such commission: (1) First holds a public hearing in
accordance with the provisions of section 8-7d of the general statttes on
such proposed opt-out, (2) affirmatively decides to opt out of the
provision of said subsection within the period of time permitted under
section 8-7d of the general statutes, (3) states iupon its records the
reasons for such decision, and (4) publishes notice of such decision ina
newspaper having a substantial circulation in the municipality not later
than fifteen days after such decision has been rendered. Thereafter, the
municipality's legislative body or, in a municipality where the
legislative body is a town meeting, its board of selectmen, by a two-
thirds vote, may complete the process by which such tiunicipality opts
out of the provision of subsection (d) of section 8-2 of the general
statutes, as amended by this act.
Sec. 6, (NEW) (Effective January 1, 2022) (a) Any zoning regulations
adopted pursuant to section 8-2 of the general statutes, as atnended by
this act, shall;
(1) Designate locations or zoning districts within the municipality in
which accessory apartments are allowed, provided at least one
accessory apartment shall be allowed as.of right on each Jot that contains
a single-family dwelling and no such accessory apartment shall be
required to be an affordable accessory apartment;
(2) Allow accessory apartments to be attached to or located within the
proposed or existing principal dwelling, or detached from. the proposed
or existing principal dwelling and located on the same lot as such
dwelling;
(3) Set a maximum net floor area for an accessory apartment of not
less than thirty per cent of the net floor area of the principal dwelling, or
one thousand square feet, whichever is less, except that such regulations
may allow a larger net floor area for such apartments;
Public Act No, 21-29 13 of 28

Substitute House Bill No. 6107
(4) Require setbacks, lot size and building frontage less than or equal
to that which is required for the principal dwelling, and require lot
coverage greater than or equal to that which is required for the principal
dwelling;
(6) Provide for height, landscaping and architectural design
standards that do not exceed any such standards as they are applied to
single-family dwellings in the municipality;
(6) Be prohibited from requiring (A) a passageway between any such
accessory apartment and any such principal dwelling, (B) an exterior
doot for any such accessory apartment, except as required by the
applicable. building or fire code, (C) any more than one parking space
for any such accessory apartment, or fees in lieu of parking otherwise
allowed by section 8-2c of the general statutes, (D) a familial, marital or
employment relationship between occupants of the principal dwelling
and accessory apartment, (E) a minimum age for occupants of the
accessory apartment, (F) separate billing of utilities otherwise connected
to, or used by, the principal dwelling unit, or (G) periodic renewals for
permits for such accessory apartments; and
(7) Be interpreted and enforced such that nothing in this section shall
be in derogation of (A) applicable building code requirements, (B) the
ability of a municipality to prohibit or limit the use of accessory
apartments for short-term ‘rentals or vacation stays, or (C) other
requirements where a well or private sewerage system is being used,
provided approval for any such accessory apartment shall not be
unreasonably withheld.
(b) The as of right permit application and review process for approval
of accessory apartments shall require that a decision on any such
application be rendered not later than sixty-five days after receipt of
such application by the applicable zoning commission, except that an
applicant may consent to one: or more extensions of not more than an
Public Act No, 21-29 14 of 28

Substitute House Bill No. 6107.
additional sixty-five days or may withdraw such application.
(c). A municipality shall not (1) condition the approval of an accessory
apattment.on the correction of a nonconforming use, structure or lot, or
(2) require the installation of fire sprinklers in an accessory apartment if
such sprinklers are not required. for the principal dwelling located on
the same lot or otherwise required by the fire code.
(d) A municipality, special district, sewer or water authority shall not
(1) consider an accessory apartinent to be a new residential use for the
purposes of calculating connection fees or capacity charges for utilities,
inchiding water and sewer service, unless: such accessory apartment
was constructed with a new single-family dwelling on the same lot, or
(2) require the installation of a new or separate utility connection
directly to an accessory apartment or impose a related connection fee or
capacity charge.
(e) fa municipality fails to adopt new regulations or aimend existing
regulations by January. 1,.2023, for the purpose of complying with the
provisions of subsections (a) to (d), inclusive, of this section, and unless
such municipality opts out of the provisions of said subsections in
accordance with the provisions of subsection (f) of this section, any
noncompliant existing regulation shall become null and void and such
municipality shall approve or deny applications for accessory
apartments in. accordance with the requirements for regulations set
forth. in the provisions of subsections (a) to (d), inclusive, of this section
until such municipality adopts or amends a regulation in compliance
with said subsections. A municipality may not use or impose additional
standards beyond those set forth in subsections (a) to (d), inclusive, of
this section.
(f) Notwithstanding the provisions of subsections (a) to (d), inclusive,
of this section, the zoning commission or combined planning and
zoning commission, as applicable, of a municipality, by a two-thirds
Public Act No, 21-29 15 of 28

Substitute House Bill No. 6107
vote, may initiate the process by which such municipality opts out of
the provisions of said subsections regarding allowance of accessory
apartments, provided such commission; (1) First holds’a public hearing
in accordance with the provisions of section 8-7d of thé general statutes
on such proposed opt-out, (2) affirmatively decides to opt out of the
provisions of said subsections within the period of time permitted under
section 8-7d. of. the general statutes, (3) states upon its records the
reasons for such decision, and (4) publishes notice of such decision ina
newspaper having a substantial circulation in the municipality not later
than fifteen-days after such decision has been rendered. Thereafter, the
municipality's legislative body or, in a municipality where the
legislative body is a town meeting, its board of selectmen, by a two-
thirds vote, may complete the process by which such municipality opts
out of the provisions of subsections (a) to (d), inclusive, of this section,
except that, on and after January 1, 2023, no municipality may opt out
of the provisions of said subsections.
Sec. 7. Subsection (k) of section 8-30g of the general. statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(k) The affordable housing appeals procedure established under this
section shall not be available if the real property which is the subject of
the application is located in a munitipality in which at least ten per cent
of all dwelling iunits in the municipality are (1) assisted housing, (2)
currently financed by Connecticut Housing Finance Authority
mortgages,.(3) subject to binding recorded deeds containing covenants
or restrictions which require that such dwelling units be sold or rented
at, or below, prices which will preserve the units as housing for which
persons and families pay thirty per cent or less of income, where such
income is less than or equal to eighty per cent of the median income, (4)
mobile manufactured homes located in mobile manufactured home
parks or legally approved. accessory apartments, which homes. or
Public Act No, 21-29 16 of 28

David Campo
From: Marc Balestracci
Sent: Friday, May 20, 2022 3:39 PM
To: 
Police
Ce: Dispatch; Michael Howley; Cindy Dupointe; Robert Brule; David Campo
Subject: Promotional Ceremony
Good afternoon,
Please join us for a promotional ceremony for Sergeant Michael Firmin and Lieutenant David Ferland on Thursday, May
26, 2022, at 3pm in the Waterford Police Department training room. Light refreshments will be provided.
Thank you,
Marc Balestracci
Chief of Police
Waterford Police Department
41 Avery Lane, Waterford, Connecticut
860-442-9451 Ext. 2282

MINUTES
BOARD OF SELECTMEN
Regular Meeting
December 7, 2021
5:00 P.M.
Waterford Town Hall (APPLEBY ROOM)
LEsh Hd OF 230 1202
(Procedural Action: Check register to be signed by Board of Selectmertin
accordance with CGS 7-83)
Members Present: First Selectman Robert Brule, Selectwoman Elizabeth Sabilia
and Selectwoman Jody Nazarchyk
1. Call to Order & Roll Call- First Selectman Brule called the meeting to
order at 5:00pm
2. Pledge of Allegiance
3. Public Comment: N/A
4, First Selectman’s Office: To consider and act on a recommendation from the
First Selectman, Rob Brule, to approve the adoption of the Waterford Community
Park Master Plan (dated October, 2021).
MOTION by Nazarchyk, and seconded by Sabilia, VOTING IN FAVOR:
unanimous VOTE:3-0
5. First Selectman’s Office: To consider and act on a recommendation from the
First Selectman, Rob Brule, to dissolve the Waterford Town Center Development
Ad-Hoc Committee.
MOTION by Nazarchyk, and seconded by Sabilia, VOTING IN FAVOR:
unanimous VOTE:3-0
6. Public Works: To consider and act on a request for an In Series Transfer from
the Director of Public Works, Gary Schneider, in the amount of $65,000.

MOTION by Nazarchyk, and seconded by Sabilia, VOTING IN FAVOR:
unanimous VOTE:3-0
7. Library: To consider and act on a request for an Out of Series Transfer from the
Director of the Waterford Library, Chris Johnson, in the amount of $2000,
and forward to the Board of Finance.
MOTION by Nazarchyk, and seconded by Sabilia, VOTING IN FAVOR:
unanimous VOTE:3-0
8. Appointments and Resignations:
8a. To consider and act on the appointment of Rob Brule, First Selectman to the
Retirement Commission to fill the term from 12/01/2021 -12/1/2022.
MOTION by Nazarchyk, and seconded by Sabilia; VOTING IN FAVOR:
unanimous VOTE:3-0
9. Correspondence:
9a Letter from Carolyn Battista
9b. Waterford Economic Development Commission-Cannabis Policy
Recommendations
10. New Business:
10a. Further information 9b
November 14” Planning and Zoning Commission-Cannabis Policy
11. Consent Agenda
lla. Tax refund-NA
1b. Minutes November 16, 2021-APPROVED
14, Adjournment- was made by Ms. Nazarchyk and seconded by Sabilia to
adjourn at 6:10pm. VOTING IN FAVOR; unanimous, VOTE:3-0
Respectfully Submitted,
Cindy Dupointe
Recording Secretary

WATERFORD POLICE DEPARTMENT
41 AVERY LANE
WATERFORD, CT 06385-2819
Marc.Balestracci (860) 442-9451 TEL
Police Chief mbalestracci@waterfordct.org
To: Representative Town Meeting
From: Marc Balestracci, Chief of Police
Date: May 16, 2022
Re: Waterford. PD Special Response Team
| apologize for my absence at this meeting to answer questions, however, Lt. Nicole VanOverloop and a few members of the
SRT team will be present to answer questions on behalf of the department.
Retired Chief Mahoney, in collaboration with Chief John Rich and the Ledyard Police Department, began preparing a Special
Response Team approximately three years ago. This was in response to the State Police’s. potential inability to:respond in a
timely manner due to the forecasted number of retirements and increasing need for an emergency response team. This
team, a joint effort of officers from both agencies, is highly trained and well equipped to handle the most challenging calls
for police services. The team trains together monthly and prepares for calls such as an armed subject, active shooter,
barricaded subject, hostage situations and more. These calls for service can be the most dangerous to the public as well as
to police officers. By developing this team, it allows those best trained to have a lead role in de-escalation efforts and
ensuring the safest resolution for all involved,
The team, comprised of negotiators, scouts and dynamic entry specialists, offer the residents of Waterford the quickest and
best available response in many major incident. As our team currently consists of eight (8) officers, the need to build a
partnership with the Ledyard Police Department is critical to establish proper safeguards to the team being deployed and
also offers.cost savings for training and equipment.
This agreement, if authorized, allows the team to.expand to other local departments should they meet the high standards
for entry, training and offer full commitment to the inter-local agreement.
ub
Thank you,
A>
t
i
Marc Balestracci -
Chief of Police a5
Waterford Police Department i
ie)

r RCTIC i LRE ie TK
WHEREAS, Section 7-148 cc of the Statutes of the State of Connecticut authorizes
municipalities to enter into interlocal agreements; and
WHEREAS, the undersigned municipalities find that the deployment of a highly trained and
skilled special response team coupled with a orisis negotiation team can substantially reduce the
tisk of injury or loss of life to citizens, police officers, criminal suspects and persons in ctisis; and
WHEREAS, the undersigned municipalities recognize the inherent manpower and training
demands associated with special response and crisis negotiation teams and agvee that it is in the best
interest of the participating municipalities to share manpower, resources, and equipment associated
with special law enforcement responses; and
WHEREAS, the undersigned municipalities find that an interlocal agreement is beneficial in
order to protect the safety and well-being of the citizens of the respective munictpalities; and
WHEREAS, the undersigned municipalities wish to cooperate on providing police services and
in pursuing grants and raising monies to obtain capital resources in furtherance of these goals
under the terms of this agreement;
NOW, THEREFORE, the undersigned municipalities, acting by their respective chief executive
officers, duly authorized, mutually agree, pursuant to this Interlocal agreement (hereafter,
“Agreement") to establish the Southeastern Connecticut Special Response Team (hereafter
"SCSRT") in accordance with the following: ‘
ARTICLE ONE: PROVISION OF PERSONNEL AND EQUIPMENT
1. The chief executive officers of the undersigned municipalities hereby delegate to the chiefs
of police of their respective municipalities the authority to determine when the provision of
police personnel and equipment best serves the purposes of this agreement,
2, The particlpating chiefs, hereinafter collectively designated and referred to as the "Board",
shall meet periodically as determined by the needs of the Unit, but at least once per year, and
each Chief of Police shall have an equal vote on decisions affecting the administration of the
SCSRT,
3. The chiefs of police, colfectively, as the decision-making authority, have the responsibility
for the coordination of grant applications and the administration of funding awards and other
initiatives.
SCSRT «Interlocal Agreement Page | of 6

4, The Board anticipates and agrees to make resources available for at least one full or partial
deployment per quarter of personnel and equipment pursuant to this agteement for the
duration of this agreement. Additional deployments ate authorized, without further action,
by the mutual consent of the participating municipalities.
5. During the deployment of personnel and equipment pursuant to this agreement, the
officers so deployed shall be deemed members of their respective departments acting to
further the goals of this agreement and each shall have the same powers, duties, privileges
and immunities as are conferred on the police officers of the municipality in whose
jurisdiction the Unit or any of its officers is operating.
6. During a SCSRT emergency deployment, it is expected that the undersigned
municipalities shall provide at a minimum the following quantity of personnel and
equipment:
One or more specially trained and equipped police officers and one
or more marked and/or unmarked police vehicles.
7. A municipality may elect not to participate in a deployment if it has a good faith reason to do
so, However, each municipality, in its disoretion, may determine the extent of its
participation in any deployment through the specific assignment of personnel and equipment.
8. The resources or facilities that are assisting the requesting Agency shall be under the immediate
command of a supervising officer designated by the assisting Agency. Such supervising officer
shall be under the direct supervision and command of the requesting Agency.
9. The Board shall appoint collectively a supervisor from each ofthe participating departments
to function as the SCSRT Team Commanders, The Team Commanders must at least hold
the rank of sergeant in his/her department. The Board acknowledges appointment of Unit
Commanders is necessary to maintain continuity of the unit and its members especially in
the case of an emergency deployment. It will be preferable that the Team Commanders have
experience and training in the area of tactical command. The Team Commanders shall have
the authority to appoint assistant team leaders as necessary.
10. The SCSRT Commander will act as the liaison between the departments for all
activities of the unit.
11. During each full deployment, the host municipality, which is the municipality requesting the
services, shall make every effort to provide a sergeant or higher-ranking officer to coordinate
operations with the SCSRT Team Commander while in the field.
1]. The request for specialty equipment such as night vision, communication equipment, robotic
equipment and others not listed, will be considered on an individual basis by the lending
agency if'a full deployment is not requested, The holder of such equipment may elect to send
an officer with such equipment to ensure safe and proper usage of such equipment during a
deployment, -
SCSRT - Interlocal Agreement Page 2 of 6

ARTICLE TWO; DUTIES OF PERSONNEL
1. The Chief of Police or designee in the host municipality shall retain ultimate responsibility for
operational decisions and act as incident commander during any operation or team deployment.
2. Hach officer assigned to the SCSRT shall wear the unit's approved uniform,
3, All custodial arrests or investigations shall be processed in a manner designated by the host
ageticy,
4, In the case of a planned deployment for a warrant service or other planned event, the host
agency shall prepare and distribute to all participating officers an operations plan for each
deployment of a non-emergency nature.
ARTICLE THREE; RETMBURSEMENT AND LIABILITY
1. Each participating municipality agrees that it shall be responsible for its respective police
department expenses incurred while participating in each deployment, whether that
taunicipality’s equipment and personnel was operating within or outside its own jurisdiction,
Any entitlement to reimbursement, except as stated herein, is hereby waived by the chief
executive officer of each municipality that is a party to this agreement. Such expenses may
include, but are not limited to:
a) The actual payroll (including overtime) cost to the municipalities of all personnel
assigned;
b) The replacement cost of all equipment lost, destroyed or made unavailable for
further service as a result of proper use in a SCSRT deployment. Nothing in this
section waives a municipality's right to seek reimbursement for equipment lost or
destroyed negligently, recklessly, willfully, or purposefllly.
c) Fuel and maintenance for police vehicles;
d) The cost of repairing damaged equipment;
e) Awards for death, disability or injury to personnel arising as a result of services
provided pursuant to this agreement to the extent that such awards exceed
Worker's Compensation coverage;
f) Worker's Compensation claims as set forth in C.G.S. 31-275, et seq.;
g) Survivor's benefits as set forth in C.G.S. 7-323.
SCSRT - Interlocal Agreement Page 3 of 6

2, In the event outside funding becomes available to pay for the expenses of the municipalities
operating under this agreement, such finds shall be allocated among the, participating
municipalities on a proportional cost basis agreed to in advance, This does not include
subrogation, The proportional cost basis may be adjusted to each deployment or initiative
depending on the location of the host, number of personnel assigned to the deployment by
each agency, ete.
3. The services performed under this agreement shall be deemed for public and governmental
purposes, and all immunities from fiability enjoyed by the local government within its
boundaries shail extend to its participation under this agreement outside its boundaries.
4, Each municipality shall indemnify and hold harmless the other municipalities to this
agreement fiom all claims, including, but not limited to, third party claims, for property
damage or personal injury (including death) which may arise out of and be attributable to a
municipality or to the actions of those acting on behalf of each municipality. Bach town shal!
be Jiable only for their own percentage of negligence as determined by the courts or ajury.
ARTICLE FOUR: APPOINTMENT OF A DEPOSITORY MUNICIPALITY, PURSUIT
OF REGIONAL GRANT INITIATIVES, AND REVENUE SHARING/USAGE
1, Appointment of a Depository Municipality; Functions of Depository Municipality
a) The Board of SCSRT shall mutually select a depository municipality from one of the
members of SCSRT which shall receive and hold in trust for SCSRT all monies obtained
by SCSRT from grants or other sourees. Said monies shall be held in a special revenue
account (hereafter, the "SCSRT Joint Account") ov an account with like budgetary
permissions that will allow the convenient use of said funds as needed by SCSRT. The
depository municipality agrees, in furtherance of the goals of this agreement, to pass any
otdinance or resolution required by its own municipal Charter in order to effectuate the
creation of said SCSRT Joint Account. .
b) Upon a request from any member municipality, the depository municipality shall provide
an accounting of all finds contained in the SCSRT Joint Account.
c) Upon an affimative majority vote of the member munteipalities, the depository
municipality may be changed. Upon a vote to change the depository municipality, the
prior depository municipality shall, within 60 days of said vote, turn over all funds and
provide a full accounting to the successor depository municipality.
d) In the event that a depository municipality withdraws from SCSRT or no longer wishes
to setve in said capacity, a successor depository municipality shall be appointed by the
members of SCSRT, At such time, the prior depository municipality shall, within 60
days of said appointment, turn over all funds and equipment purchased with funds from
the Shared Revenue Account to the successor municipality, The prior depository
municipality shafl, within 60 days, provide a full accounting, and an itemized list of
transferred equipment to the successor depository municipality.
SCSRT -Interlocal Agreement Page 4 of 6

2, Pursuit of Regional Grant Initiatives, Development of Capita! Goals
a)
b)
Ttshail be an essential function and purpose of SCSRT to pursue grants and’ other
initiatives to raise monies in order fo purchase capital resources to further the purposes of
this agreement,
From time to time, and as necessary, SCSRT shall meet to develop a short-term (J year)
and long tern (5-year) capital plan for the SCSRT. The monies raised pursuant to this
agreement shall be utilized to further the capital goals set by SCSRT.
The Board shall designate a member of a participating agency with the responsibility of
researching and applying for grants to further the acquisitions of equipment, training and/or
rejmbursement money.
3. Revenue Sharing
a)
5)
¢)
d)
All revenue raised and remitted to the SCSRT Joint Account shall be shared and used for
the collaborative and joint purposes of the SCSRT. Nothing in this provision shall be
construed to conflict with or alter the reimbursement or funding provisions of Article 10
regarding deployments,
Expenditures from the SCSRT Joint Account of $500 or less can be made by the
Team Commander, without prior approval, All expenditures greater than $500 from
the SCSRT Joint Account shall require the unanimous vote of all SCSRT member
municipalities in writing via electronic mail (e-mail).
Any property obtained with funds from the SCSRT Joint Account shall be considered
property of the depository municipality, held for the benefit of itself and all other SCSRT
tnunicipalities. No property obtained with monies from the SCSRT Joint Account ar
with funds attributable to said account shail be sold, modified, gifted, or otherwise
transfered without the unanimous vote of all member municipalities in writing,
Any depository municipality which misappropriates funds from the SCSRT Joint
Account or otherwise disposes of property obtained with SCSRT funds in violation of
this section shall be liable to all of the other member municipalities for the loss to SCSRT
and any and all costs, including court costs and attorney's fees, incurred in recovering
said funds or property from the depository municipality or any other third party.
Funds from the SCSRT Joint Account are intended for equipment and sarvices for the
unit and shall not be used to pay salary or overtime to SCSRT members.
ARTICLE FIVE: MISCELLANEOUS
1. The Chief of Police of the municipality providing assistance may, if necessary to protect the
safety and well-being of said municipality, recall any personne! or equipment provided
pursuant to this agreement.
SCSRT -Interlocal Agreement Page 5 of 6

2. Hach participating jurisdiction shall have a defined policy regarding the selection process of
potential candidates prior to an officer’s appointment to their respective SRT team, Each
participating Jurisdiction agrees to set standards in common SRT categories such as physical
fitness, firearm proficiency and mandatory training hours. Each Participating agency will create
and enforce a policy to remediate any officer who fails to meet the depattinents requirements and
standards, up to and including removal from the SRT Team.
3. Withdrawal from this agreement by any municipality hereto shall be made by thicty (30) days!
written notice to all other municipalities but shall not terminate the agreement among the
remaining municipalities,
4. Ifany provision of this agreement shall be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from this agreement and shall not affect the validity and
enforceability of any remaining provisions,
5, This Agreement contains the entire understanding between the parties hereto and stipersedes any
and all prior understandings, negotiations, and agreements whether written or oral, between them
respecting the written subject matter, hereof.
6. This Agreement, to the extent permitted herein, ghall inure to the benefit of and be binding upon
the parties hereto and any and all successors and assigns.
7. This Agreement shall be governed by and construed in accordance with the taws and relevant
ordinances aud regulations of the State of Connecticut and the participating municipalities.
IN WITNESS WHEREOF, the patties hereto have executed this agreement as follows:
TOWN OF LEDYARD By:
Frederic B, Allyn, ITI, Mayor
TOWN OF WATERFORD By:
Robert J, Brule, First Selectman
SCSRT - Interlocal Agreement Page 6 of 6

MINUTES
BOARD OF POLICE COMMISSIONERS
May 9, 2022 at 5:00 p.m,
Zoom Meeting ID: 872 2673 5856
PRESENT: Chairman M. Gelinas, Commissioner J. Dimmock, Vice Chairman T, Sheridan,
Secretary C, Gamble, Commissioner R. Brule
ABSENT:
DEPARTMENT; — Chief M. Balesiracci, LT N, VanOverloop, LT T, Silva, Sgt. D. Ferland
Traffic Officer J. Nickerson, Training Officer Surdo, CSO A, Reed
LEGAL COUNCIL: Attorney E, Duggan, Attorney R, Avena
PLEDGE OF ALLEGIANCE:
PUBLIC INPUT:
No public input.
CALL TO ORDER AND ESTABLISH A QUORUM:
Chairman Gelinas called the meeting to order at 5:00 p.m, in the General Meeting Room of the
Waterford Police Department, A Quorum was established.
ACCEPTANCE OF MINUTES:
MOTION: Made by Conmnissioner Gelinas and seconded by Commissioner Dimmock to accept
the minutes from the April meeting. Commissioner Brule abstained, ‘The motion passed,

CORRESPONDENCE:
Correspondence was reviewed.
TRAFFIC COMMISSION REVIEW:
Traffic report received,
CHIER’S REPORT:
a. K9 Reports for April
April report was received.
b, Investigative Services and Youth Reports for April
April xeport was received,
c, Training Report for April
Apvil report was received.
d. Records Report for April
April report was received,
e, Community Service Officer Report for April
April report was received.
f£, Patrol Report for April
April report was received,
g. Animal Control Report for April
Apzil report was received.
h. Community Engagement Report for April
April report was received.
OLD BUSINESS:
a, Special Response Team Inter-local agreement with Ledyard PD — Chief Balestracci
explained that this agreement allows us to team up with Ledyard in the event ofa
major incident, LT VanOverloop will present agreement to the RTM in June.
Discussion ensued regarding liability for providing assistance to non-member
communities,

MOTION: Made by Commissioner Dimmock and seconded by Commissioner Gamble to
apptove the agreement with the provision that more details be provided for presentation to the
RTM. Motion passed 4-1, Commissioner Sheridan voting against.
b, Speed bumps on Beach Road have been approved by the Recreation & Parks
Commission. There will be a total of three removable speed bumps. No known date
set for installation at this time,
ce. Airbnb letter to Planning Commission — wording was discussed, Attorney Avena will
edit letter,
MOTION: Made by Commissioner Sheridan and seconded by Commissioner Dimmock to
approve wording of letter, Motion passed unanimously.
d. Chief of Police Selection Process - Chief researched department procedures in other
towns and found that there is no standardization across towns, Discussion about
continuing to worl on process,
NEW BUSINESS;
a, Authorization for out of series transfers till July 8, 2022. Chief Balestracci requested
authorization to complete out of series transfers until the end of the fiscal year.
MOTION: Made by Commissioner Sheridan and seconded by Commissioner Dimmock to
grant Chief Balestracci authorization to complete out of series transfers till July 8, 2022, Motion
passed unanimously.
a. Noise Ordinance ~ Attorney Mark Kepple spoke on behalf of residents living near the
commercial atea located at 262 Boston Post Road to address complaints of loud
music and asked for enforcement of the current noise ordinance, Lengthy discussion
ensued about the noise concerns,
b. Police Commission Nominations for term starting June 1, 2022 as follows:
T, Sheridan, Chairperson; C, Gamble, Vice-Chairperson; J. Dimmock, Secretary; M.
Gelinas, Commissioner.
MOTION; Made by Commissioner Dimmock and seconded by Commissioner Brule to accept
nominations, Motion passed unanimously.
Rob Brule left the meeting at 6:35pm.
ce, Executive Session

MOTION: Made by Commissioner Gelinas and seconded by Commissioner Sheridan to enter
into executive session at 6:37 p.m, to discuss union negotiations, Motion passed unanimously.
STATEMENT: | hereby move that the members of the Board of Police
Commissioners, together with Chief Marc Balestracci and Labor Counsel Eileen Duggan,
go into executive session for the purpose of discussing strategy and/or negotiations with
respect collective bargaining with the police bargaining unit. This action is taken
without prejudice to the Board’s right to discuss such matters in a private meeting
pursuant to Connecticut General Statutes §1-200 (2).
The Board came out of Executive Session at 6:56 p.m. There were no motions made or action
taken while in Executive Session,
MOTION: Made by Commissioner Dimmock and seconded by Commissioner Sheridan to
adjourn the meeting at 7:00 p.m. Passed unanimously.
Respectfully submitted by:
Dutirt Chetel
Diane Driscoll
Recording Secretary

FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
www