Planning & Zoning Commission (linked)

DEPARTMENT OF PLANNING AND DEVELOPMENT 
 
 
MEMORANDUM 
 
TO:  
Planning and Zoning Commission 
 
FROM:  
Mark Wujtewicz, Planner 
 
DATE:  
February 27, 2024 
 
TITLE:  
Staff Report:  Zoning Regulation Amendment – Application PL-24-2 
 
 
Section 1 Definitions – Day-Care, Child and Dwellings 
 
 
  
 
 
EXECUTIVE SUMMARY 
 
This application has been submitted by the Planning and Zoning Commission pursuant to Section 28.2 of 
the Waterford Zoning Regulations to amend Section 1 Definitions of the Zoning Regulations relative to 
Child Day-Care and Dwellings.  
The proposed modifications to the above mentioned definitions is to replace existing language that would 
be in conflict with newly enacted portions of State Statute 19(a)-77 with  language that would make the 
definitions consistent with the CGS §19(a)-77.  
This application was received by the Commission on January 9, 2024 
The application was posted in the Office of the Waterford Town Clerk on February 14, 2024 
The Public Hearing was advertised in The Day on February 13 and February 20, 2024 
The date of Public Hearing was February 27, 2024 
 
BACKGROUND 
 
Pertinent Regulations 
Connecticut General Statutes 
CGS§ 8-3(a) 
CGS§19(a)-77 
Waterford Zoning Regulations 
Section 1 – DEFINITIONS 
• DAY-CARE, CHILD 
• Child Day-Care Center, Group Day-Care Home, Family Day-Care Home 
• DWELLING 
• One Family Detached, One Family Attached, Duplex, Multiple Family 
Section 28 – Amendments 
FIFTEEN ROPE FERRY ROAD 
WATERFORD, CT 06385-2886 

C:\Users\mwujtewicz\Box\TOW_PZBD\Departments\In_Process\Planning\Regulation Amendment - Child Care Homes\Staff Report 
DRAFT.docx 
 
DISCUSSION 
 
The Connecticut General Statute 19(a)-77 was recently amended through Public Act 23-142 to require 
that a municipality not treat any family child care home or group child care home that is located in a 
residence and is licensed by the Office of Early Childhood in a manner that is different from a single 
family or multi family dwelling. In addition, the amended statute also requires that the Chief Executive of 
the municipality submit a letter to the Connecticut Office of Policy and Management on an annual basis 
stating that the municipality’s Zoning Regulations are in conformance with the amended statute.  
The regulation amendments as proposed provides for language that demonstrates conformance with 
CGS§ 19(a)-77.  
Pursuant to Section 8-3a of the Connecticut General Statutes, before the Commission acts upon an 
application to amend the Zoning Regulations of the Town of Waterford, it must find whether or not the 
amendments being proposed are consistent with the goals, policies and objectives contained in the 2012 
Waterford Plan of Preservation, Conservation and Development, herein after called the Plan. 
The Goal in the Business/Economic Development section of the Plan directs Waterford to “Promote 
business and economic development to meet local needs and maintain a favorable tax base” (Pg.58) and 
to “Support Appropriate Home-Based Businesses” (Pg.63). The regulation amendments more clearly 
define the role of Day-Care facilities as a Home-Based Service in accordance with CGS §19(a)-77. The 
amendments as proposed are also consistent with Principle 6 of the State Growth Principles listed on Page 
84 of the Plan in that it integrates planning across all levels of government by coordinating efforts with 
State Agencies. 
 
RECOMMENDED ACTION 
 
Based on the information provided, staff recommends the Planning and Zoning Commission find that:  
 
Findings: 
1. 
Application PL-24-2 meets the requirements of Section 28 of the Waterford Zoning Regulations. 
2.  
Application PL-24-2 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 by more clearly defining the role of Day-Care facilities as a Home-Based 
Service in accordance with CGS §19(a)-77.  
4.  
The proposed Regulation Amendment is consistent with the 2012 Plan of Preservation 
Conservation and Development by being consistent with Principle 6 of the State Growth 
Principles listed on Page 84 of the Plan in that it integrates planning across all levels of 
government by coordinating efforts with State Agencies. 
Proposed Motion: 
That the Commission approve Application PL-24-2 to amend Zoning Regulations Section 1 – 
DEFINITIONS for Day-Care and Dwellings by adopting the findings 1 thru 4 of the Staff Report. 
 
Effective Date: March 22, 2024 

January 1, 2012 
 
58 
 
 
GUIDE 
 
 
Business / Economic Development 
 
GOAL 
 
 
 
Promote business and economic development to meet local needs and 
maintain a favorable tax base.   
 
 
 
Communities typically desire business / economic development for one or more of the following reasons:  
 
employment for residents, 
 
availability of goods and services, and/or 
 
provision of tax revenue (especially when it is greater than the demand for local services). 
 
Waterford has been very fortunate to have been able to provide for these things within the community 
over the years as a result of the business and economic development.  Still, Waterford is interested in ad-
ditional economic development for all of these reasons. 
 
A. Continue to Pursue Economic Development   
 
Waterford’s strategic location, excellent infrastructure system (roads and utilities), low property taxes, 
existing business base, and progressive regulations are significant assets in terms of retaining and attract-
ing economic development.  Waterford should continue to pursue economic development which is con-
sistent with community goals and objectives.   
 
Sunset Ribs (Mago Point) 
 
Boston Post Road Businesses 
 
 
 
 
Sonalyst Studios 
 
Crystal Mall 
 

January 1, 2012 
 
63 
 
F. Support Appropriate Home-Based Businesses  
 
Due to technological and other improvements, more and more people are working from home.  Water-
ford should maintain regulations to allow and manage home-based businesses (professional uses, busi-
ness services, personal services, and contractors).  Waterford can be an “incubator” for such businesses so 
that, as they grow and prosper, they can move from residential neighborhoods to business areas. 
 
Special efforts should continue to: 
 managing the activities of home-based contractors, 
 limiting the parking of commercial vehicles in residential areas, and 
 mitigating negative effects of home-based businesses. 
 
Home Office 
 
Home-Based Professional 
 
 
Home-Based Service 
 
Home-Based Contractor 
 
 
 
 
See the “Implementation Element” of the Waterford Plan of Preservation, Conserva-
tion and Development for information on tasks and actions currently programmed for 
implementation of these Business Development strategies.  
 
 
 

January 1, 2012 
 
 
84
Connecticut Conservation and Development Plan – State Growth Principles 
 
In accordance with Section 8-23 of the Connecticut General Statutes, the Plan of Preservation, Conserva-
tion and Development has been evaluated for consistency with statewide growth management principles.   
 
Principle 1 –  
 
Redevelop and revitalize regional centers 
and areas of mixed-land uses with exist-
ing or planned physical infrastructure. 
 
FINDING – Consistent 
 
The Plan encourages and promotes the creation of mixed land 
uses.  The Plan recommends supporting the overall community 
structure with physical infrastructure.  Waterford does not have a 
designated “regional center”.  
Principle 2 –  
 
Expand housing opportunities and design 
choices to accommodate a variety of 
household types and needs. 
 
FINDING –Consistent 
 
The Plan recommends that Waterford seek to diversify its housing 
“portfolio” and address recognized housing needs – housing that 
is more affordable and housing for an aging population.  
Principle 3 –  
 
Concentrate development around trans-
portation nodes and along major trans-
portation corridors to support the viabil-
ity of transportation options and land 
reuse. 
 
FINDING – Consistent 
 
The Plan continues with the overall zoning framework of more 
intensive development along arterial roads and bus lines,  In addi-
tion, the Plan supports the concept of development of a mixed use 
“node” near the Civic Triangle.  
Principle 4 –  
 
Conserve and restore the natural envi-
ronment, cultural and historical re-
sources, and traditional rural lands. 
 
FINDING – Consistent 
 
An entire segment of the Plan (“Preserve”) identifies strategies to 
conserve and restore the natural environment and another seg-
ment (Enhance) identifies strategies to conserve cultural and his-
torical resources and undeveloped land. 
Principle 5 –  
 
Protect environmental assets critical to 
public health and safety. 
 
 
FINDING – Consistent 
 
The Plan contains recommendations to protect environmental as-
sets critical to public health and safety.  In particular, the Plan 
stresses the importance of protecting water quality. 
Principle 6 –  
 
Integrate planning across all levels of 
government to address issues on a local, 
regional, and statewide basis. 
 
FINDING – Consistent 
 
The Plan is part of the process of integrating planning with other 
levels of government and with other agencies.  The Plan will be 
used to coordinate efforts with: 
 
adjacent communities, 
 
regional organizations, and 
 
state agencies.