Zoning Board of Appeals (linked)

RECEIVED
July 20, 2023 JUL 2.0 2023
Planning & Development
Waterford Zoning Board of Appeals Town of Waterford, CT
Town of Waterford
15 Rope Ferry Road
Waterford, CT 06385
Re: 4 Ridgewood Avenue
Zoning Board of Appeals Variance Application
Application for Coastal Area Management Site Plan Permit
It is the opinion of the Alewife Cove Conservancy that the proposed development of the
undeveloped property at 4 Ridgewood Avenue in inconsistent with the town’s and state’s
regulations regarding flood safety and protection of coastal resources. As such, and for the
reasons stated below, we respectfully request that the board not grant the requested
variances.
The Alewife Cove Conservancy (ACC) is a 501(c)(3) non-profit, community-based organization
that is dedicated to protecting and improving the health of Alewife Cove. The ACC has three
fundamental principles:
1. To utilize ecosystem-based management to design solutions for the complex of challenges
that affect Alewife Cove and Long Island Sound;
2. To empower our youth and community to take action and protect our waters through
volunteer participation in Citizen Science and volunteer efforts;
3. To create a community of stewards that value, protect and are inspired to preserve our vital
natural resources.
Coastal Hazard Area
The proposed development is located in a designated Coastal Hazard Area. Coastal Hazard
Areas are defined as “those land areas inundated during coastal storm events or subject to
erosion induced by such events.” The area of Ridgewood Ave proposed for development
currently experiences flooding and road closures during storm surges. The attached
photograph, taken this past winter shows storm surge flooding along Shore Drive adjacent to
the subject property, that resulted in road closure.
Sea Level Rise will certainly result in more frequent coastal flooding in the future. A Report by
the Adaptation Subcommittee to the Governor’s Steering Committee on Climate Change (2010)
includes the following assessments regarding sea level rise:
e Sea level may increase by 12 to 23 inches by the end of the century
#ZBA-23-5
4 Ridgewood Ave
Exhibit 12

Re: ZBA Variance Application — 4 Ridgewood Ave
e Sea level may increase by 41 to 55 inches by the end of the century with the “Rapid-Ice-
Melt Sea Level Rise” scenario.
e There may be more coastal flooding caused by extreme storm events.
Data developed specifically for Connecticut by the Connecticut Institute for Climate Resilience
and Adaptation (CIRCA) shows that sea level in Connecticut could rise as much as 20 inches by
the year 2050 in flat, low-lying areas of the coast such as the subject parcel.
Waterford Zoning Regulations Section 25.3.6 - Special Conditions Regarding Variances for the
Use of Land in Flood Hazard Areas — includes the following:
e “a determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense...”
e “The Zoning Board of Appeals shall consider the following criteria in granting a variance:
3. The safety of access to the property in times of flooding for ordinary and emergency
vehicles.
5. The costs of providing governmental services during and after flood condition...”
Waterford Zoning Regulations Section 25.4.5 — Commission Action — includes the following:
e “the board or commission with jurisdiction shall review coastal site plans for compliance
with the following criteria established in Section 22a-106 of the Connecticut General
Statutes:
1. Consistency of the proposed activity with the applicable coastal policies in Section
22a-92 of the Connecticut General Statutes.
2. The acceptability of potential adverse impacts of the proposed activity on coastal
resources as defined in Section 22a-93(15) of the Connecticut General Statutes. “
As stated in the June 22, 2023 letter from the CT Department of Energy & Environmental
Protection to the ZBA: (emphasis added)
“Section 22a-92(b)(2)(F) of the CCMA (CT Coastal Management Act) requires the Zoning Board
of Appeals “to manage coastal hazard areas to ensure that hazards to life and property are
minimized.” The Applicant has acknowledged the lack of dry egress from the property during
coastal storm events. While the proposed residential structure can be built to meet the
National Flood Insurance Program (NFIP) first floor elevation requirement, this CCMA policy is
far more conservative because it requires minimizing adverse impacts to life and property
beyond conforming to FEMA standards. Allowing new residential uses on a site where
access/egress would be nearly impossible for residents and first responders during coastal
storms appears to be inconsistent with this important policy.
Based on our review of the application, it is our opinion that granting of the proposed variances
to permit site development on the subject property will result in additional threats to public
ALEWIFE COVE CONSERVANCY
WWW.ALEWIFECOVE.ORG
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Re: ZBA Variance Application — 4 Ridgewood Ave
safety, there will be no safe access to the property during flooding for ordinary and emergency
vehicles, and would result in additional costs and extraordinary efforts by the town’s
emergency services during flood events. Granting of the variances would be inconsistent with
the town’s and state’s regulations regarding coastal and flood hazard regulations and policies.
Coastal Resource Impacts
The property abuts and includes portions of Alewife Cove. In addition to the Coastal Hazard
area, the property contains or abuts other coastal resources including tidal wetlands, coastal
waters and estuarine embayments. It is our opinion that development of the property would
result in impacts to these coastal resources and that the proposed variances to allow
development of the property should not be granted.
e The proposed site plan depicts the proposed house approximately 7 to 11 feet from
naturally vegetated (Spartina sp.) tidal wetlands to the west. There will be no vegetated
buffer between the house and the wetlands. Any runoff from landscaped areas west
and south of the house will flow directly into the tidal wetlands with no buffering.
Residential runoff is known to contain pollutants associated with fertilizers, herbicides,
pesticides, pet waste and others.
e The shoreline west of the house consists of irregularly shaped boulder fill. Grading west
of the house will likely require additional fill and stabilization beyond the proposed limit
of disturbance and potential encroachments into tidal wetlands.
e The proposed limit of disturbance west of the house is as close as 3 feet. It is unrealistic
to assume that 3 feet will allow reasonable access for construction of the building.
Unanticipated encroachments beyond the limits of disturbance will result in direct
impact to tidal wetlands.
e While the proposed limit of disturbance south of the house preserves some existing
vegetated areas, we have concerns that future homeowners will likely want to remove
the vegetation to improve their view of open water and to provide direct water access.
Remaining undeveloped properties, such as this one, within the Coastal Hazard Area of the
Ridgewood neighborhood are typically those that pose constraints to development due to the
presence of Coastal Resources and Flood Hazard Areas. It is our opinion that these marginal
properties should remain undeveloped if they pose additional risks to future residents from
flooding or cause additional impacts to coastal resources. These properties would also be of
more value in their undeveloped state for future implementation of potential flood mitigation
measures to address sea-level rise and as potential areas for tidal marsh migration to offset
losses associated with sea-level rise.
Additional information on Sea Level Rise Effects on Roads and Marshes can be viewed at
https://maps.cteco.uconn.edu/projects/slamm/. This interactive model and map viewer can be
ALEWIFE COVE CONSERVANCY
WWW.ALEWIFECOVE.ORG
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Re: ZBA Variance Application — 4 Ridgewood Ave
used to better understand how Connecticut’s coastal area marshes and roads may respond to
sea-level rise.
We would encourage owners of such marginal, undeveloped properties within the Coastal
Hazard Area to consider preservation of these sensitive areas through tax deductible donations
of the properties to a land trust or other entity.
Thank you for your attention to our concerns.
Sincerely,
Edward Lamoureux
ACC-Co-Chair
Chris Clouet
ACC Co Chair
crlhhe.
Chris Allan
Professional Wetland Scientist
ACC Member & Volunteer Technical Advisor
ALEWIFE COVE CONSERVANCY
WWW.ALEWIFECOVE.ORG
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Re: ZBA Variance Application — 4 Ridgewood Ave
Photo of Shore Drive approximately 250 ft northeast of 4 Ridgewood Ave.
ALEWIFE COVE CONSERVANCY
WWW.ALEWIFECOVE.ORG
Page 5


Photos of Floodi jon Shore Drive during Nor’easte jn March 4, 2023