Planning & Zoning Commission - Minutes - 09/28/2020

Planning and Zoning Commission
September 28, 2020
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MINUTES
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Planning & Zoning Commission September 28, 2020
Waterford Town Hall 6:30 PM
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Members Present: J. Bunkley, J. Bashaw 3
Members Absent: T. Bleasdale, G. Massad, J. DiBuono PD
Alternates Present: K. Barnett “3
Staff Present: A. Piersall, Planning Director; M. Wujtewicz, Planner; D. Choisy,
Recording Secretary oa
1. CALL TO ORDER AND APPOINTMENT OF ALTERNATES :
Chairman Bunkley called the meeting to order at 6:30. K. Barnett was appointed to sit for G.
Massad.
2, APPROVAL OF MINUTES
MOTION: Motion made by J. Bashaw, seconded by J. Bunkley, to approve the minutes of the
August 24, 2020 meeting as written.
VOTE: 2-0-1, J. Bashaw abstaining.
3. RECEIPT OF APPLICATIONS
#PL-20-23 — Request of Charles Hickey, applicant, Charles & Claudette Hickey owners, for
Coastal Site Plan approval to construct a single family home on property located at 17 Division
Street, R-20 zone as shown on plans titled “CAM Site Plan, Propertyof Charles Hickey, 17
Division Street, Waterford, Connecticut” dated July 30, 2020, revised to 9/15/20.
M. Wujtewicz stated that this application is in order for receipt, and will be scheduled for the
Commission’s review at a future meeting.
4, PUBLIC HEARINGS
#PL-20-17 — Request of Eileen DeGaetano, owner, Evan DeGaetano, applicant, for a 2-lot
resubdivision and request for waiver of Section 5.3.8 (Flag Lots) of the Subdivision Regulations for
property located at 29 Huntsbrook Road, RU-120 Zone, and as shown on plans titled
“Resubdivision Plan, Boundary Survey Plan Prepared for Eileen S. DeGaetano”
M. Wujtewicz stated that because the applicant is requesting a waiver of the subdivision
regulations, an affirmative vote by 4 members of the Commission is required. Since there are only
3 members of the Commission present, the public hearing can be opened and closed, but a vote
can’t be taken until there are 4 voting members. Commission members not present will need to
review the application materials and review the recording prior to the next scheduled meeting in
order to vote on this application.
M. Wujtewicz read the exhibit list into the record:
EXHIBIT 1 - Application
EXHIBIT 2 - Plan titled “Resubdivision Plan, Boundary Survey” dated May 3, 2020
revised through: August 2, 2020
EXHIBIT 3 - Letter dated August 3, 2020 from Brian Florek, Florek surveying, requesting

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a waiver of Section 5.3.8 of the subdivision regulations.
EXHIBIT 4 - Statement of Use dated August 3, 2020, prepared by Brian Florek.
EXHIBIT 5 - Drainage impact assessment dated July 29, 2020
EXHIBIT 6 - Report of Conservation Commission Action dated August 20, 2020.
EXHIBIT 7 - Notice of Public Hearing advertised in the Day newspaper on September 14,
2020 and September 21, 2020
EXHIBIT 8 - Notification letter to applicant dated September 8, 2020
EXHIBIT 9 — Certificates of mailing received 9/17/2020
EXHIBIT 10 - Plan titled “Compilation Plan, Plan prepared for Stephen O. Onuparik, 19 &
23 Hunts Brook Road” dated revised: September 17, 2020
EXHIBIT 11 - Staff report dated Sept. 18, 2020
Brian Florek, agent for the applicant, presented this application.
The project as proposed is for a 2-lot residential resubdivision located at 29 Hunts Brook Road. The
property is located within the RU-120 (Rural Residential) Zone District. The gross area of the
parcel is approx. 5.92 acres and contains inland wetlands. The parcel has frontage along Hunts
Brook Road, a Town accepted road. The proposed lots will each access Hunts Brook Road across
their respective frontage. There are no public improvements proposed for this project.
The proposed lot designated as Lot | is configured as a Flag Lot as defined in Section 3.38 of the
Zoning Regulations. Proposed Lot 2, which contains an existing single family dwelling is
configured as a standard frontage lot which meets the bulk requirements of the RU-120 Zone
District. Due to the fact that proposed Lot 1 is configured as a Flag Lot, the applicant is requesting
a waiver of the Subdivision Regulations Section 5.3.8 which limits the number of Flag Lots allowed
in a subdivision to no more than 20% of the lots proposed. The present application proposes 50% of
the lots as Flag Lots.
The existing dwelling is served by an onsite septic system and well and the proposed Lot 1 will also
be served by onsite septic and well.
The proposal also identifies an area of 26,095 square feet to be acquired from an adjacent parcel.
This area is proposed to be added to the subject parcels in order that the lots proposed meet the lot
design requirements for the RU-120 Zone District Standards. A plan has been submitted into the
record (Exhibit 10) which identifies the area to be conveyed and the configuration of the adjacent
parcel after conveyance
The Waterford Conservation Commission has granted an inland wetland permit #C-20-11 for
regulated activities associated with the proposed residential subdivision.
Chairman Bunkley asked if there was any members of the public who wished to speak regarding
this application. There were no public comments or questions.
MOTION: Motion made by J. Bashaw, seconded by J. Bunkley, to close the public hearing at
6:45.
VOTE: 3-0
#PL-20-20/22 — Request of Sig Con Associates, LLC, applicant; Home Theater TV & Douglas Z.
Wieczorek owners, to change the zone for properties located at 384 & 394 Willetts Avenue Ext.
from C-G (General Commercial) to C-MF (Commercial Multi-Family). Applicant is also
requesting to amend Section 16.3 of the Zoning Regulations (Minimum Lot Frontage and Width) to
reduce the minimum required frontage from 250 feet to 150 feet, and Section 18.3.8 (Maximum

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Building Height) to remove the requirement for an elevator in buildings of more than three stories.
Chairman Bunkley opened the public hearing. A. Piersall noted that this proposal consists of two
separate applications, one for a regulation amendment and one for a map amendment.
M. Wujtewicz read the exhibit list into the record:
EXHIBIT 1 - Application
EXHIBIT 2 - Planning & Zoning Application supplement
EXHIBIT 3 - Property & topographic Survey of Nos. 384 and 394 Willetts Avenue
Extension dated August 2, 2020
EXHIBIT 4 - Proposed Zone Change Plan dated 8/28/20
EXHIBIT 5 - NDDB Map June 2020
EXHIBIT 6 - Notice of Public Hearing advertised in the Day newspaper on September 16,
2020 and September 21, 2020
EXHIBIT 7 - Notification letter to applicant dated September 15, 2020
EXHIBIT 8 - Certified copy of the Zoning Regulations — effective date: September 9, 2020
EXHIBIT 9 — Pages of Policy Guide effective 010112
EXHIBIT 10 - Certificates of abutter mailings received 9/18/2020
EXHIBIT 11 - Application supplement, revised to 9/21/20
EXHIBIT 12 - Staff Report dated September 28, 2020
EXHIBIT 13 - Letter received from Waterford Ambulance Service
EXHIBIT 14 - e-mail correspondence from Bruce Grant, 390 Willetts Ave Ext.
EXHIBIT 15 - Architectural renderings of proposed buildings
Project Engineer Brandon Handfield presented this application. Also present was Kevin Daley of
Sig Con Associates. B. Handfield reviewed the zone change request. The applicant is proposing to
change the zone of the subject properties from C-G (General Commercial) to C-MF (Commercial
Multi-Family). The change would maintain the uses allowed in the C-G zone, while allowing for
multi-family development.
B. Handfield reviewed the proposed amendments to the zoning regulations. The applicant is
proposing to amend Section 16.3 to reduce the current minimum frontage requirement for parcels in
the C-MF zone district from 250 feet to 150 feet for multi-family developments. Also being
requested is an amendment to Section 18.3.8 to remove the requirement for an elevator in buildings
with more than three stories. He noted that construction requirements, such as the requirement for
elevators, are governed by the building and fire codes. He also stated that the Zoning Regulations
do not contain a definition of story. He reviewed the architectural renderings submitted as Exhibit
15. He entered into the record as Exhibit 16 a letter from Architect John A. Wicko regarding
handicap access for the proposed building.
Chairman Bunkley asked if there were any members of the public who wished to speak regarding
this application. There were no public comments.
MOTION: Motion made by J. Bashaw, seconded by K. Barnett, to close the public hearing at
PAI.
VOTE: 3-0
5. APPLICATION REVIEWS
#PL-20-17 — Request of Eileen DeGaetano, owner, Evan DeGaetano, applicant, for a 2-lot
resubdivision and request for waiver of Section 5.3.8 (Flag Lots) of the Subdivision Regulations for

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property located at 29 Huntsbrook Road, RU-120 Zone, and as shown on plans titled
“Resubdivision Plan, Boundary Survey Plan Prepared for Eileen S. DeGaetano”
Review of this application was tabled.
#PL-20-20/22 — Request of Sig Con Associates, LLC, applicant; Home Theater TV & Douglas Z.
Wieczorek owners, to change the zone for properties located at 384 & 394 Willetts Avenue Ext.
from C-G (General Commercial) to C-MF (Commercial Multi-Family). Applicant is also
requesting to amend Section 16.3 of the Zoning Regulations (Minimum Lot Frontage and Width) to
reduce the minimum required frontage from 250 feet to 150 feet, and Section 18.3.8 (Maximum
Building Height) to remove the requirement for an elevator in buildings of more than three stories.
The Commission reviewed the information contained in the Staff Report (Exhibit 11) regarding the
Zoning Map Amendment (#PL-20-20). The applicant proposes to change the zone designation of
two parcels currently located within the C-G (General Commercial) Zone District. The parcels
known as 384 and 394 Willetts Avenue Extension are located on the southerly side of Willetts
Avenue Extension and have a combined area of 26.64 acres. 394 Willetts Avenue Extension is a
vacant parcel that contains 26.16 acres. 384 Willetts Avenue Extension abuts 384 Willetts Ave Ext
to the east and contains 0.48 acres. It also includes an outbuilding.
The uses that are permitted in the C-MF Zone District include Multi-Family Development in
accordance with Section 18 of the Zoning Regulations in addition to all uses that are currently
permitted or specially permitted within the C-G Zone District.
Pursuant to Section 8-3a of the Connecticut General Statutes, before the Commission acts upon an
application to change the zoning map of the Town of Waterford, it must consider whether the
amendment being proposed is consistent with the 2012 Waterford Plan of Preservation,
Conservation and Development, herein after called the Plan.
The Community Structure Map of the 2012 Plan of Preservation, Conservation and Development
identifies areas for Possible Future Mixed Use Nodes (Exhibit 9). The parcels that are included in
the Zone Map Amendment are located within one of these areas identified on the Map. “Mixed
Use” for the purposes of the Plan, are residential uses that are combined with nonresidential uses
such as commercial, industrial, office or institutional uses. The existing zone district in which these
parcels are located is C-G (General Commercial) District. The only residential use allowed in the C-
G Zone are Single Family Residential and Accessory Apartments within Single Family Dwellings.
The proposed change to a C-MF Zone for the area identified in the Proposed Zone Change Plan
(Exhibit 4) allows the addition of Multi Family Development in an area identified in the Plan as a
Future Mixed Use Node. This is consistent with a stated goal of the Plan by “Increasing
Opportunities for Mixed Use and Village Style Development”. (Exhibit 9)
Another stated goal in the Plan for Residential Development is to “Encourage a variety of housing
types and densities to meet the housing needs of current and future residents.” The proposed zone
map amendment will provide for the opportunity to contribute to a more diverse housing portfolio
by allowing Multi-Family Development in an area where there is currently adequate infrastructure
to support multi-family use. (Exhibit 9)
MOTION: Motion made by J. Bashaw, seconded by J. Bunkley to make the following findings:
1. Application PL-20-20 meets the requirements of Section 28 of the Waterford
Zoning Regulations.

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2. Application PL-20-20 meets the requirements of Connecticut General Statutes
Chapter 124 §8-3 governing changes of zoning regulations and districts.
3. The proposed Zone Map Amendment is consistent with 2012 Plan of
Preservation Conservation and Development in that it provides for Mixed Use
Development within an area identified as a future Mixed Use Node and contains
adequate infrastructure to support the use.
And to approve Application #PL-20-20 to change the Zone Designation for
properties located at 384 and 394 Willetts Avenue Extension from C-G (General
Commercial) to C-MF (Commercial Multi-Family) and adopt the findings 1 thru 3 of
the Staff Report.
VOTE: 3-0
MOTION: Motion made by J .Bunkley, seconded by J. Bashaw, to set the effective date for this
amendment for October 21, 2020.
VOTE: 3-0
The Commission reviewed the information contained in the Staff Report regarding the Zoning
Regulation Amendments (#PL-20-22). The applicant has proposed amendments to two sections of
the Zoning Regulations. One amendment is to reduce the minimum required frontage on parcels that
will be developed for multifamily use from 250 feet to 150 feet. The applicant has provided for the
Commission’s consideration, a description of the proposed change and whether there would be
impacts associated with a reduction in the minimum frontage requirement.
In accordance with Section 18.3.12(c) of the Zoning Regulations, the main entrance driveway
serving a multifamily development shall be 28 feet in width from edge to edge of pavement. If there
is proposed two lanes with dedicated one way flow for each lane, such as a boulevard style
entrance, each lane shall be 14 feet in width, not including the landscaped area between the two
lanes.
Driveways in Commercial Districts are also not to be more than 30 feet in width at the right-of-way
line and no more than 55 feet in width at the curb line. The proposed frontage of 150 feet would still
accommodate the widths of the drives at the frontage.
Remove the language from the zoning regulations requiring elevators in buildings which are greater
than three (3) stories. The requirements for elevators in multifamily buildings of more than three (3)
stories was added to the Zoning Regulations on January 31, 2018 as part of a package of
amendments to the multifamily sections of the Zoning Regulations. The increase in the maximum
building height of multifamily buildings was also included in the package of regulation amendments
approved in January 2018. The construction requirements of buildings is governed by the building
and fire codes. As such, the elimination of the elevator requirement from the Zoning Regulations
would not impact building and fire code compliance as required through the review and issuance of
building permits.
MOTION: Motion made by J. Bashaw, seconded by J. Bunkley to make the following findings:
1. Application PL-20-22 meets the requirements of Section 28 of the Waterford
Zoning Regulations.
2. Application PL-20-22 meets the requirements of Connecticut General Statutes
Chapter 124 §8-3 governing changes of zoning regulations and districts.
3. The proposed Regulation Amendments are consistent with the 2012 Plan of
Preservation, Conservation and Development in that the modifications proposed

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will provide for additional opportunities for Multi-Family Development in
contributing to a more diverse housing portfolio.
And to approve Application #PL-20-22 to amend Zoning Regulations Section 16.3,
reducing the minimum frontage requirements from 250 feet to150 feet, and Section
18.3.8, removing the requirement to have an elevator for buildings of more than
three (3) stories and adopt findings 1 thru 3 of the Staff Report.
VOTE: 3-0
MOTION: Motion made by J. Bunkley, seconded by J. Bashaw, to set the effective date for this
regulation amendment for October 21, 2020.
VOTE: 3-0
6. CORRESPONDENCE
No correspondence was received.
Te ADMINISTRATIVE REVIEW
A. Piersall stated that Staff is looking into the possibility of changing meeting days from Monday to
Tuesday. This will be discussed further when there are more Commission members present.
8. ADJOURNMENT
MOTION: Motion made by J. Bashaw, seconded by J. Bunkley, to adjourn the meeting at 7:30.
VOTE: 3-0
Respectfully Submitted,
Recording Secretary