Zoning Board of Appeals - 434 (07/12/2023)

79 Elm Street 
Hartford, CT 06106-5127 
860.424.3000 
An Affirmative Action/Equal Opportunity Employer
   
   
   
  
 
portal.ct.gov/DEEP 
 
 
 
 
 
 
 
 
June 22, 2023 
 
 
Waterford Zoning Board of Appeals 
c/o Jill Stevens, ZEO 
Town of Waterford 
15 Rope Ferry Road 
Waterford, CT 06385 
 
 
Re: Coastal Site Plan Review for 4 Ridgewood Ave 
 
 
Dear Board Members: 
 
Thank you for notifying the Land and Water Resources Division (LWRD) of the proposed coastal site 
plan application noted above which entails a variance request to allow construction of a single-family 
house on a vacant lot.  Acting as the Commissioner’s staff, our office has reviewed the CSP application 
for consistency with the policies and standards of the Connecticut Coastal Management Act (CCMA), and 
we offer the following comments for consideration with respect to the application.  
 
The applicant is requesting a variance of the local side setback minimum for the current zoning district 
along the property line that abuts the Town’s pump station #2, from fifteen feet to seven feet, and along 
Ridgewood Ave for the front of the property from thirty feet to fifteen feet.  This requested side variance 
would place the proposed structure approximate fifty-eight feet from the Town’s #2 pump station 
building.  In addition to this variance request, the Applicant is also requesting a front yard setback 
variance from the minimum fifty-foot setback requirement to a fifteen-foot setback from the road. 
 
The property is located within a coastal flood hazard area, FEMA-designated AE 10 flood zone and VE 
13 zone.  If the variances are granted, the Applicant proposes to construct an approximately 820 SF home.  
The structure will have two floors and be built to current FEMA VE-zone standards, with the first floor 
located at elevation 12’.  The area under the first floor would remain open and be used for parking and 
temporary storage only.  The existing elevation of the property is between two to eight feet.  The open 
area below the elevated home would be graded to elevation 6’.   
 
Section 22a-92(b)(2)(F) of the CCMA 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 

CSPR: 4 Ridgewood Ave 
June 2023 Resubmission of Application 
 
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access/egress would be nearly impossible for residents and first responders during coastal storms appears 
to be inconsistent with this important policy.  
 
Prudent coastal management planning and development recognizes the potential hazards of each coastal 
site and avoids locating uses and placing people in predictable, life-threatening hazardous conditions.  
Accordingly, the Board must determine whether granting the variances necessary to allow for 
construction of a new residence on the property in question, even if the home is elevated and meets 
FEMA NFIP and local flood management development standards as proposed by the Applicant, will 
result in a significant exposure of life and property to flood hazards and will knowingly put people in 
harm’s way, or if it only marginally adds to such exposure in light of the already developed nature of the 
surrounding area. 
 
Further, with respect to sea level rise, 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. 
Because of the likelihood that the subject parcel will be inundated be a rising sea level within the next 30 
years, we strongly caution the applicant that absolutely no structures such as seawalls or revetments will 
be allowed as solutions to any future flooding or erosion problems at the subject site. Structural solutions 
are allowed by CCMA policies only in very limited circumstances to protect residential structures existing 
prior to January 1, 1995, infrastructural facilities, and water-dependent uses. Since the subject lot is 
vacant, any proposal for a structural solution would likely be deemed inconsistent with the CCMA. 
 
We note that a large portion of the 10,500 SF site (approximately > 50%) is located below the Coastal 
Jurisdiction Line (CJL) in addition to containing tidal wetlands.  The location of the proposed house 
would be, at most, within ten feet of tidal wetlands, with a corner of the proposed home located 
approximately 3 feet from delineated tidal wetlands. Construction activities close to tidal wetlands could 
potentially cause adverse impacts to these sensitive resources.     
 
In addition, due to the minimal distance between the proposed structure and the CJL and on-site tidal 
wetlands, we are concerned that work associated with construction of the dwelling could potentially be in 
DEEP’s regulatory jurisdiction.  Performance of activities in tidal wetlands and/or below the CJL 
(whether temporary or permanent) requires authorization from the DEEP’s Land and Water Resources 
Division. 
 
Finally, it has also been brought to DEEP’s attention that the existing stones on the property are actually 
remnants of an old crossing between Waterford and New London that was destroyed during the 1938 
Hurricane.  Accordingly, this remaining stone debris does not constitute an existing seawall for permitting 
purposes.  The Applicant will need to contact our Permitting East Section to discuss this unique situation 
if there is any interest in removing them from the property. 
 
 

CSPR: 4 Ridgewood Ave 
June 2023 Resubmission of Application 
 
3 | P a g e  
 
 
Thank you for the opportunity to comment on this application. Should you have any questions regarding 
this letter or any other coastal management or Long Island Sound matter, please feel free to contact me at 
Karen.Michaels@ct.gov. 
 
 
 
 
 
 
 
 
Sincerely, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Karen A. Michaels, EA III 
 
 
 
 
 
 
 
Planning Section 
 
 
 
 
 
 
 
Land and Water Resources Division 
 
Cc: Waterford Coastal File