Planning & Zoning Commission (linked)

DEPARTMENT OF PLANNING AND DEVELOPMENT 
 
 
MEMORANDUM 
 
TO:  
 
Planning and Zoning Commission 
 
FROM:  
Mark Wujtewicz, Planner 
 
DATE:  
April 30, 2024 
 
TITLE:  
Staff Report:  Business Office/Contractor 
 
 
 
 
1122 & 1124 Hartford Turnpike  
 
 
 
 
Site Plan / Special Permit  
Application PL-24-5 
 
 
 
EXECUTIVE SUMMARY 
The project as proposed is for a Site Plan/Special Permit for East Lyme Tree Service located at 
1122 and 1124 Hartford Turnpike in the Special Aquifer Industrial Park (IP-3) Zone District. 
The property consists of two parcels with a combined area of approximately 5 acres owned by 
the applicant, East Lyme Tree Service, LLC. The two parcels will be combined into one parcel 
since the development of the project will occur across the common property line of the two 
parcels. 
The proposed project includes the renovation and repurpose of the existing barn on the site into 
an office and equipment storage for the business. Site improvements include parking, stormwater 
mitigation and landscaping. The existing single family residence with an accessory apartment 
will remain. Residential uses are not permitted within the IP-3 Zone District, however the 
existing residence and accessory apartment may continue to operate in their current configuration 
and capacity as pre-existing non-conforming uses. No increase in the number of dwelling units 
(2) and/or floor area outside of the existing building footprint can occur. The residential dwelling 
has a building area of approximately 1500 sq. ft. The existing barn which will be dedicated to the 
business operation has a building area of approximately 900 sq. ft.   
The use of the site as a contractor’s business is one that is permitted through the issuance of a 
Site Plan and Special Permit approval in accordance with section 15.2.1 and 23 of the Zoning 
Regulations. Contractor’s Office is one of the uses that are defined in the Zoning Regulations as 
a Business Office.  
A FEMA designated 100 year Flood Zone A is located on the property. All structures on the 
property occur outside of the flood zone. 
FIFTEEN ROPE FERRY ROAD 
WATERFORD, CT 06385-2886 

C:\Users\mwujtewicz\Box\TOW_PZBD\Departments\In_Process\Planning\Hartford Turnpike, 1122 and 
1124\Hartford Turnpike, 1122 and 1124 PL-24-5\Staff Report_DRAFT.docx 
The site contains inland wetlands and a watercourse. The Waterford Conservation Commission 
approved inland wetland permit #C-23-12 with conditions for regulated inland wetland activities 
associated with the project. A report of Conservation Commission action dated March 11, 2024 
is included in the record (Exhibit 4). 
 
BACKGROUND 
 
Pertinent Regulations 
CGS 8-3(g) 
Section 15 – Special Aquifer Industrial Park District (IP-3)  
Section 15.2 - Uses Permitted in the IP-3 District subject to approval of a Special 
Permit: 
Section 15.2.1 – Research Laboratories and Business Offices 
 
 
Section 22 – Site Plans 
Section 23 – Special Permits with Design Review 
 
This application was received by the Commission on March 12, 2024. 
The Public Hearing was advertised in The Day newspaper on April 16 and April 23, 2024. 
The Public Hearing was opened on April 30, 2024. 
Staff provided to the applicant review comments from various Town agencies and revised plans 
and reports were received.  
 
DISCUSSION 
The applicant proposes to maintain the existing non-conforming residential use and operate the 
business office concurrently on the property. Both uses are permitted by the Zoning Regulations 
to operate concurrently on the property provided the site plan demonstrates that each use is 
supported by the proposed site improvements, such as parking and traffic flow. The applicant has 
demonstrated through the site plan and special permit findings that both uses will be supported 
separately by the proposed site improvements through the location of parking facilities and the 
installation of fencing and gates.  
The proposed business office use is defined in the Zoning Regulations as a use that provides a 
service or product to be delivered or used for a site other than the business office. The proposed 
use is consistent with the definition of a business office. The parking of vehicles in support of the 
business and the storage of materials as indicated on the site is permitted. The applicant’s 
statement of use indicates that all processing of wood chips will be performed off site. There will 
be no retail sale of material from the site as retail sales are not a permitted use within the IP-3 
Zone District. All materials stored on the site will be used by the applicant in the operation of the 
business.  
In order for the Commission to approve a site plan and special permit it must find that the use as 
proposed is consistent with the findings listed in Section 23.5 of the Zoning Regulations. As 
required, the applicant has provided a Statement of Use (Exhibit 1b) which describes the 
proposed project’s consistency with the findings contained in Section 23.5 of the Zoning 
Regulations. The Commission may require additional conditions or stipulations to the Special 
Permit which must be supported by the record. It must also find that the site plan as submitted is 

C:\Users\mwujtewicz\Box\TOW_PZBD\Departments\In_Process\Planning\Hartford Turnpike, 1122 and 
1124\Hartford Turnpike, 1122 and 1124 PL-24-5\Staff Report_DRAFT.docx 
compliant with the Zoning Regulations or it may approve a plan with modifications that are 
required to be implemented on the plan prior to filing on the land records.  
Before the Planning and Zoning Commission can approve a Special Permit Use it must 
determine that the proposed use conforms to the required findings listed in Section 23.5 of the 
Zoning Regulations. The applicant has submitted with the application package, a Project 
Narrative (Exhibit 1b). Staff has reviewed the findings as presented by the applicant and confirm 
that the use as proposed is consistent with these findings. 
The report of the Conservation Commission (Exhibit 4) and Inland Wetlands Permit #C-23-12 
includes conditions of approval, which the Planning and Zoning Commission may include by 
reference as a condition of approval to it’s decision.  
The applicant submitted a Stormwater Report into the record (Exhibit 4). The report provided an 
analysis of site runoff conditions and analyzed the proposed stormwater drainage system design 
to mitigate adverse impacts from the development of the project as proposed.  
 
RECOMMENDED ACTION 
 
Based on the information provided, staff recommends the Planning and Zoning Commission find 
that:  
 
Findings: 
1.  
The application is for a use subject to a Special Permit approval, pursuant to Section 
15.2.1 of the Waterford Zoning Regulations. 
2. 
The existing single family and accessory apartment residential use on the property is 
a pre-existing non-conforming use and may continue. The continuation of the 
residential use shall be governed in accordance with Section 24 of the Town of 
Waterford Zoning Regulations pertaining to non-conforming uses and structures. 
3. 
The statement of use contained in Exhibit 1b provided by the applicant in accordance 
with Section 23.5 of the Zoning Regulations identifies the findings and that the 
proposed use as presented is consistent with Sections 23.5.1 through 23.5.9. 
4. 
The Waterford Conservation Commission issued Inland Wetland Permit# C-23-12 for 
regulated inland wetland activities. 
5. 
The Waterford Conservation Commission has submitted to the Planning and Zoning 
Commission a final report in accordance with CGS 8-3(g). 
6. 
The application meets the criteria for site plan approval, pursuant to Section 22 of the 
Waterford Zoning Regulations, subject to condition 1. 
 
and that the Commission approve the proposal (with the following conditions):  
 
1. 
The deed description for the merger of 1122 and 1124 Hartford Turnpike shall be 
submitted and filed on the land records at the time the final plans are filed.  

C:\Users\mwujtewicz\Box\TOW_PZBD\Departments\In_Process\Planning\Hartford Turnpike, 1122 and 
1124\Hartford Turnpike, 1122 and 1124 PL-24-5\Staff Report_DRAFT.docx 
2. 
An annual Maintenance and Inspection Report for the Stormwater management 
system shall be provided to the Town of Waterford Planning and Development 
Department. This report shall be required to be submitted in order to verify that the 
stormwater management system is maintained and continues to operate as originally 
designed. 
3. 
All conditions of approval for Inland Wetland Permit #C-23-12 shall be incorporated 
into this decision as if fully set forth herein. 
 
 
Proposed Motion 
 
To approve the Site Plan / Special Permit for a Business Office application #PL-24-5 at 
1122 & 1124 Hartford Turnpike with conditions 1 thru 3 and to adopt the findings 1 thru 6 
of the staff report.