Planning & Zoning Commission - 387 (06/13/2023)

DEPARTMENT OF PLANNING AND DEVELOPMENT 
 
 
MEMORANDUM 
 
TO:  
 
Planning and Zoning Commission 
 
FROM:  
Mark Wujtewicz, Planner 
 
DATE:  
June 13, 2023 
 
TITLE:  
Staff Report:  
Affordable Housing Development CGS §8-30g 
 
 
 
 
109R & 131 Clark Lane 
 
 
 
 
Site Plan Application PL-23-7  
 
 
 
EXECUTIVE SUMMARY 
The proposal as submitted is to construct 47 3-bedroom detached single-family dwellings located at 
109R & 133 Clark Lane. The combined area of the two parcels is 16.166 acres. As a result of this project 
the two parcels will be merged. An internal access drive serving the community will be constructed that 
will intersect with Clark Lane at two locations. The southern intersection with Clark Lane will be ingress 
only while the northerly intersection is designed for both ingress and egress. The proposed water and 
sewer systems will be privately owned and constructed to Town of Waterford and City of New London 
design standards. A Conservation Easement is proposed with the application. 
 
The proposed site plan was submitted for review subject to the provisions of Connecticut General 
Statutes §8-30g. An Affordable Housing Plan has been submitted into the record by the applicant (Exhibit 
6). As specified in the Housing Affordability Plan submitted, 30% or 15 of the residential units will meet 
the criteria for affordable housing as defined in CGS §8-30g for a period of forty years. The Plan 
establishes the criteria and requirements for administering the designated Housing Opportunity Units. The 
Affordable Housing Plan is currently under review by Town Counsel and approval of this site plan 
application can be conditioned upon recommendation by the Town Attorney relative to form and 
substance prior to endorsement of the final plans.  
 
BACKGROUND 
 
Pertinent Regulations 
CGS §8-3(g) 
CGS §8-30g 
Section 22 – Site Plans 
Section 22b - Design Review of Site and Building Improvements 
 
 
FIFTEEN ROPE FERRY ROAD 
WATERFORD, CT 06385-2886 

F:\PUBLIC\WS\PZAPPS\In Process\Clark Lane, 109R and 131\Clark Lane, 109R and 131 PL-23-7\Staff Report DRAFT.docx 
DISCUSSION 
The single-family dwellings are approximately 1350 sq. ft. each in size and are located along the 
interior road with off road parking provided for each dwelling. In accordance with Section 20.3(b), a 
multi-family project requires 2 parking spaces for each unit containing three or more bedrooms. Each area 
designated for parking on the site plan contains an adequate number of parking spaces for each of the 
units served by the parking area.  There is no parking permitted along both access drives and along the 
travel lane of the interior drive.  
 
A Traffic Impact Study conducted by the applicant’s Traffic Engineer was submitted into the record. 
(Exhibit 4) This study analyzed traffic impacts from this project at the future site driveway intersections 
with Clark Lane; the intersection at Clark Lane, Stenger Farm Park driveway and the northern Clark Lane 
Middle School driveway; the southern Clark Lane Middle School driveway; and the intersection of Clark 
Lane and Route 1. The Study concluded that during the busiest weekday peak hours; there will be a 
negligible increase in delays at area intersections from existing conditions to built conditions.  
 
The stormwater management treatment system incorporates several design elements including, catch 
basins with sumps, hydrodynamic separator, bio-retention and wet-bottom detention basins in order to 
mitigate potential impacts to stormwater quality and quantity. Additional offsite stormwater runoff 
currently influencing the project site from Clark Lane is included in the treatment design. The stormwater 
discharge from Clark Lane has been operating without the benefit of a drainage easement. The developer 
is proposing a drainage easement to the Town of Waterford for the Clark Lane Stormwater discharge. 
Several design elements are incorporated into the overall design of the Stormwater system. 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.  
 
There are approximately 6.19 acres of wetlands located on the property. The proposal has been 
reviewed by Town Agencies and the Waterford Conservation Commission has issued Wetland Permit #C-
22-14 with conditions on March 23, 2023. This permit was issued for clearing, excavation and grading up 
gradient of the 100 ft. upland review area, construction of a stormwater treatment and detention basin 
system within 0.56 acres of the 100 ft. upland review area, discharge of treated stormwater to inland 
wetlands, and filling and grading within 0.13 acres of upland review area for the construction of 7 houses 
and associated grading. A report of Conservation Commission action is included in the record (Exhibit 9). 
 
 The applicant proposes a Conservation Easement Area in the rear portion of the property east of 
the proposed bio-retention and detention basins. The easement shall be granted in favor of the Town of 
Waterford to provide permanent protection to the wetland resources. The Easement language is under 
review by Town Counsel and approval of this site plan application can be conditioned upon 
recommendation by the Town Attorney relative to form and substance of the Conservation Easement 
prior to endorsement of the final plans. 
 
 
Findings: 
1.  The parcel is located within the R-20 Zoning District as identified on the most recently adopted 
Zone District Map.  
2. Waterford is subject to the Connecticut “Affordable Housing Appeals Procedure” (CGS §8-30g) 
because less than 10% of the housing stock meets State criteria for affordable housing. 
3.  The project is a multi-family development and is submitted pursuant to the provisions of 
Connecticut General Statutes §8-30g.  

F:\PUBLIC\WS\PZAPPS\In Process\Clark Lane, 109R and 131\Clark Lane, 109R and 131 PL-23-7\Staff Report DRAFT.docx 
4. Thirty percent (30%) or 15 of the dwellings as identified in the affordable housing plan submitted 
into the record will contribute towards the Town’s affordable housing stock. 
5.  The Waterford Conservation Commission issued Inland Wetland Permit# C-22-14 for regulated 
inland wetland activities.  
6.  The Waterford Conservation Commission has submitted to the Planning and Zoning Commission 
a final report in accordance with CGS §8-3(g). 
7.  The number of parking spaces provided meets the requirements of Section 20.3(b) of the 
Waterford Zoning Regulations.  
 8.  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. 
and that the Commission approve with the following condition(s):  
 
1. The Limits of Permanent Clearing and Disturbance shall be identified on the site plan as the 
wetland non-encroachment boundary.  
2. Provide pavement markings for the parking areas on the final plan prior to filing on the land 
records. 
3. Provide parking calculations on the plan prior to filing on the land records. 
4. Provide fencing around the perimeter of the detention basin. Detail and location shall be 
provided on the site plan prior to filing on the land records. 
5. Provide solid vinyl fencing along west property line in addition to the proposed arborvitae. 
Show fence location and detail on the final site plan prior to filing on the land records. 
6. Provide specific reference on the site plan that this project is an Affordable Housing 
Development submitted in accordance with CGS §8-30g prior to filing on the land records. 
7. Building mounted lights shall be full cutoff, dark sky compliant. Fixture detail shall be 
provided prior to filing the plans on the land records.  
8. The approval of the site plan includes fire zones as may be established and enforced pursuant 
to Chapter 8.08 of the Waterford Code of Ordinances. 
9. Recommendation by the Town Attorney relative to form and substance of the Conservation 
Easement prior to endorsement of the final plans. 
10. Recommendation by the Town Attorney relative to form and substance of the Affordable 
Housing Plan prior to endorsement of the final plans. 
11. Recommendation by the Town Attorney relative to form and substance of the Drainage 
Easement prior to endorsement of the final plans. 
12. All conditions of approval for Inland Wetland Permit #C-22-14 shall be incorporated into this 
decision as if fully set forth herein. 
 
Proposed Motion 
To approve with conditions, the Proposed Affordable Housing Development Site Plan 
Application #PL-23-7 located at 109R and 131 Clark Lane with conditions 1 thru 12 and 
adopt the findings 1 thru 8 of the staff report.