Planning & Zoning Commission - Minutes - 07/13/2020

Planning and Zoning Commission
July 13, 2020
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MINUTES "
Remote Access 202) JUL 20 PM 3:49
Planning & Zoning Commission fy ~~ July 13, 2020
Waterford Town Hall ress 6:30 PM
Members Present: J. Bunkley, J. Bashaw, G. Massad, J. DiBuono
Members Absent: T. Bleasdale
Alternates Present: K. Barnett
Staff Present: A. Piersall, Planning Director; M. Wujtewicz, Planner; M. FitzGerald,
Environmental Planner; D. Choisy, Recording Secretary
Also Present: Town Attorney N. Kepple
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 T.
Bleasdale.
2. APPROVAL OF MINUTES
MOTION: Motion made by J. DiBuono, seconded by J. Bashaw, to approve the minutes of the
June 22, 2020 special meeting as written.
VOTE: 5-0
3. INFORMAL PRESENTATION
Brandon Handfield of Yantic River Consultants briefly reviewed a potential multi-family apartment
development on property located at 394 Willetts Avenue.
4, RECEIPT OF APPLICATIONS
#PL-20-21 — Request of Lorraine Harrington & Christina LaPlante, Trustees and applicant, for
Coastal Site Plan review and approval in accordance with Section 25.4 of the Zoning Regulations
for installation of a bulkhead at 4 Bayside Avenue, VR-10 zone, and as shown on plans titled
“Coastal Site Plan, New Bulkhead” dated April 10, 2020, revised to 7/2/20.
M. Wujtewicz stated that the above application was received after the agenda was posted, but within
the statutory timeframe for receipt by the Commission, and will be scheduled for the Commission’s
review.
5. CONTINUED PUBLIC HEARING
#PL-20-4 — Request of Nicholas T. & Donna J. Muscarella, owners, Mary Stoddard, applicant for
special permit and site plan approval to conduct agri-tourism activities on property located at 116
Old Colchester Road, RU-120 zone in accordance with sections 3.41, 22 and 23 of the zoning
regulations and as shown on plans titled “Site Plan Property Belonging to: Nicholas T. Muscarella
Jr. Trustee, et al” revised to November 11, 2019.
M. Wujtewicz stated that the following exhibits were received after the last meeting:
EXHIBIT 16 —- Building Official Review Comments dated 3/12/20
EXHIBIT 17 - Fire Marshal Plan Review Comments dated 7/10/20
EXHIBIT 18 - 116 Old Colchester Staff Report Rev 071020

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July 13, 2020
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Chairman Bunkley asked if there were any members of the public who wished to speak regarding
this application. There were no public comments.
M. Wujtewicz reviewed the Staff report (Exhibit 18). J. Bashaw asked if the applicant would like to
respond to the Building Official’s review comments (Exhibit 16) or the Staff memo. Attorney G.
Videll, representing the applicant, stated that although they don’t agree wholeheartedly, they accept
the comments and conditions.
MOTION: Motion made by J. Bashaw, seconded by J. DiBuono, to close the public hearing at
7:05.
VOTE: 5-0
6. PUBLIC HEARING
#PL-20-18 — Request of 132 Cross Road LLC owner and applicant for special permit and site plan
modification for property located at 70 Foster Road in accordance with sections 12, 22 and 23 of the
zoning regulations and as shown on plans titled “132 Cross Road & 70-74 Foster Road, Town of
Waterford, Connecticut Prepared for B&W Paving & Landscaping, Modified Building C” dated
4/18/12 revised to 2/28/20.
M. Wujtewicz read the following exhibits into the record:
EXHIBIT 1 - Application
EXHIBIT 2 - Site Plans dated 4/18/12 revised to 5/29/20
EXHIBIT 3 - Statement of Use
EXHIBIT 4 - Drainage Report
EXHIBIT 5S - Building C
EXHIBIT 6 - Drainage Map
EXHIBIT 7 - Response to Comments
EXHIBIT 8 - Notice of Public Hearing advertised in the Day newspaper on June 29, 2020
and July 6, 2020
EXHIBIT 9 - Hearing notification letter to applicant dated June 25, 2020 along with
certificates of mailing.
EXHIBIT 10 - Special Permit PL-15-2
EXHIBIT 11 - Site Plans 070220 Full Set
EXHIBIT 12 - Staff Report
EXHIBIT 13 - Buildings F & G, New Floor Plan dated May 27, 2020
EXHIBIT 14 - Arcrite Automation Tenant Space Floor Plans revised to 3/23/20
Project Engineer Ellen Bartlett of CLA Engineers reviewed the application with the Commission.
The application is to change the proposed use for Building F from storage/warehouse to a vehicle
repair facility and changing the use of Building G from storage/warehouse to manufacturing with
warehouse and office space. The proposed uses for Buildings F & G are allowed uses for the zone,
a special permit is needed for vehicle repair. The application is also a modification to an existing
special permit, which contained a condition that the only vehicle repair allowed on the site would be
performed on vehicles that are owned by the property owner. The application is also proposing to
construct additional parking spaces on the south side of the Cross Fit Gym and the west side of
building D for use by gym members and Building C renters.
Chairman Bunkley asked if there any members of the public would like to comment on the
application. There were no public comments.

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MOTION: Motion made by G. Massad, seconded by J. Bashaw to close the public hearing at
TAv.
VOTE: 5-0
Ts APPLICATION REVIEWS
#PL-20-4 — Request of Nicholas T. & Donna J. Muscarella, owners, Mary Stoddard, applicant for
special permit and site plan approval to conduct agri-tourism activities on property located at 116
Old Colchester Road, RU-120 zone in accordance with sections 3.41, 22 and 23 of the zoning
regulations and as shown on plans titled “Site Plan Property Belonging to: Nicholas T. Muscarella
Jr. Trustee, et al” revised to November 11, 2019.
Commission members reviewed the information contained in Staff's memo (Exhibit 18). J. Bashaw
stated that he would not be in favor of approving temporary bathrooms being used for a permanent
structure, which he understands would not be allowed under the Building Code. G. Massad asked if
the barn could be used as an accessory to an outdoor event. A. Piersall replied that the application
materials in the record show that the barn and the area immediately around it would be used for
barn events, and activities would take place in the other areas designated on the submitted plans.
K. Barnett asked if a tent were erected away from the barn area, would portable bathrooms be
allowed. A. Piersall replied that the site plans submitted did not show an area for a tent.
Attorney Kepple noted that the application material submitted states that all activities will comply
with all local, state and federal regulations.
A. Piersall stated that the Commission needs to find that all conditions of Section 23 have been met.
MOTION: Motion made by J. Bashaw to approve application #PL-20-4 subject to the findings
& conditions set forth in Staff's memo dated 7/13/2020, highlighting that use of the
barn structure itself is conditioned upon adequate sewage disposal system
construction and implementation to the satisfaction of all appropriate regulatory
authorities & that any activity that is not otherwise recognized or set forth in the
application described such as the use of the location for other large events on a one-
time basis and on-going activities such as flower picking or horseback riding, things
of that nature, if not part of the application are not part of the approval. G. Massad
seconded the motion.
The Commission discussed the motion. G. Massad requested an amendment to the motion to allow
for use of the barn when it is not the primary area of the event. J. Bashaw stated that he accepts the
amendment to the motion. A. Piersall stated that whether the occupancy of the barn is for a
wedding, an exhibit or anything else, the location of permanent facilities to allow anyone for any
reason to occupy the barn in that kind of capacity still needs to go through the building permitting
process. Unless a modification is granted, there may be issues down the road with the temporary
element of having other facilities available if the barn does not have a certificate of occupancy. As
of today, no certificate of occupancy has been issued for the barn, so it can’t be used for any
purpose. J, Bashaw stated that he would not propose to approve anything that does not comply with
the building code. He stated that they can’t have a large structured event where the primary use of
it is the barn, until it is hooked up to an adequate sewerage system.
VOTE: 5-0

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July 13, 2020
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Findings:
1. The property is located within the RU-120 (Rural Residential) Zone District.
2. The property is eligible for the establishment of Agritourism uses in that it meets the criteria of
Section 3.41.2(a) of the Zoning Regulations.
3. Agri-tourism uses are allowed through the issuance of a Special Permit in accordance with
Section 6.2.9 of the Zoning Regulations.
4. A site plan was submitted which, as conditioned, will comply with the Town of Waterford
Zoning Regulations.
5. The report provided by the applicant in accordance with Section 23.5 identifies the findings
required to be found consistent with sections 23.5.1 through 23.5.9.
6. The design of the septic system proposed was reviewed by the Ledge Light Health District and
found to be adequate to serve the proposed uses provided it be designed with the conditions as
stated in the letter to the Design Engineer dated November 26, 2019 (Exhibit 6).
Conditions:
Public Works
Any work within the roadway would require repair per the towns street use regulations.
1. Provide location of stop bar and Stop Sign of driveway intersection with Old Colchester Road.
2. Provide sight line distances right and left of driveway onto Old Colchester Road.
3. Provide grading plan at apron to prevent stormwater from right of way traveling down the
entrance driveway.
4. Saw cut edge of Old Colchester Road to receive new driveway apron.
5. Recommend that driveway be constructed from the property line to the road per the Apron detail
on Sheet 4/7 (Eliminate millings within the right of way.)
Ledge Light Health District
¢ Conditions listed in the November 26, 2019 letter written to engineer by George Calkins shall
be met prior to final approval. (Exhibit 6)
Fire Marshal
The SITE plans received on 02/07/2020 by this Office were reviewed to determine compliance with
the provisions of the 2018 Connecticut Fire Safety Code (CSFSC) the per Sec. 29-292-le of the CT
General Statutes. The occupancy is being categorized as an "A-2 Assembly Occupancy"
The following items must be addressed:
1. The plan does not indicate if this building is proposed to be protected by a fire sprinkler system,
which may be required depending on its use and occupant load.
2. A designated fire lane is required on the west side of the building with signs stating "Fire Lane,
No Parking" and "Loading & Unloading Only".
3. The driveway should be designed to handle weight of fire apparatus.
4. The large "Existing Frame Barn" is the only structure on the property that will considered by
this Office for Public Occupancy upon submittal of proper building plans. If other structures

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July 13, 2020
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shown on this site plan are planned to be used by the public, they need to be presented and state
their intended use in order to be reviewed and approved for such use within the requirements of
the Connecticut State Fire Safety Code and the Connecticut State Fire Prevention Code.
Planning
1. The Zoning Compliance Chart on the Site Plan indicate the correct Zone District
2. The lower parking lot has an interior drive width of 14 feet. The angle of the parking spaces
must be realigned in order to promote the correct one way traffic circulation.
Truck loading space must be sized to 12’ x 60’.
4. The proposed business sign must be located no closer than 10 feet to the front property line.
#PL-20-10 — Request of Petroleum Marketing Investment Group, LLC owner and applicant for
modification of an approved site plan on property located at 446 Boston Post Road in accordance
with sections 7 and 22 of the zoning regulations and as shown on plans titled “Modified Site Plan,
“Henny Penny” Filling Station/Convenience Store Expansion” dated 3/16/2020.
Project Engineer David Faist of CMG Environmental, Inc, applicant Steve Salveggio of Petroleum
Marketing Investment Group, LLC and Architect Joseph Deluca of Millenium Design Associates
were present for this application.
J. Deluca reviewed the design of the building. The applicant is proposing to demolish the existing
convenience store/gas station on the site and construct a new 2,948 square foot convenience store
with a tenant, a new canopy with 4 fuel pump islands and 22 parking spaces and 4 vehicle fueling
positions.
D. Faist reviewed the existing and proposed site. The site work included in the site modification
will include the construction of a retaining wall, associated filling and grading in order to
accommodate the expanded facility and parking, installation of a stormwater management system
and landscaping. The Conservation Commission has issued a permit for the project.
M. Wujtewicz reviewed the Staff Report dated July 13, 2020. The property is currently being used
as a convenience store (Retail) and gas station (Service Station). The improvements presented to the
site are to expand the site footprint in order to accommodate a larger retail store, increase in the
number of fuel dispensing pumps and accommodate traffic circulation. The previously approved
site plan included the following variances to the Zoning Regulations which were granted by ZBA
approval 93-01:
1. Section 20.17.1a— Reduce front landscape buffer from 15 feet to 6 feet minimum
2. Section 7.4.1 — Reduce the front yard setback from 75 feet to 8 feet minimum to allow
the installation of a fuel pump canopy.
3. Section 20.8b — To allow parking along an access drive within 25 feet of a street line in
lieu of the required 40 feet distance.
Once variances have been approved by the Zoning Board of Appeals, those variances granted run
with the land. The applicant for this project has incorporated those approved variances into the
project site plan.
The plan identifies the installation of a retaining wall with associated grading. A portion of this wall
and fence extends into the sideyard setback. The overall height as measured from grade on the
interior side of the wall to the top of the fence within that portion of the wall located within the

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setback exceeds 6 feet. In order for the overall height to be compliant with the Zoning Regulations
for structures extending into the required setbacks, it must be reduced to 6 feet or less.
Commission members stated that the height of the fence should be even.
M. Wujtewicz stated that the Design Review Board reviewed this application earlier in the day, and
stated concerns with the amount of landscaping behind the proposed building, requesting that more
landscaping be added. D. Faist stated that a planting plan was provided with the application
materials, and additional plantings can be added.
Based on the information provided, staff recommends the Planning and Zoning Commission find
that:
1. The retail store and service station are permitted within the NB Zone District.
2. A site plan approval #93-114 was previously granted for this property for the construction of a
retail and service station use.
3. Variances were granted by the Zoning Board of Appeals through Application #93-01.
4. The variances granted through application 93-01 have been incorporated into this project site
plan.
5. The site plan conforms to Section 22 of the Town of Waterford Zoning Regulations.
6. The project was issued an Inland Wetlands Permit #C-20-9 and a final report has been submitted
to the Planning and Zoning Commission in accordance with CGS 8-3(g)
7. 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 proposal with the following conditions:
1. The height of the wall/fence combination structure must be reduced to 6 feet or less on that
portion of the retaining wall that encroaches into the area of the sideyard setback.
2. All conditions associated with Inland Wetlands permit #C-20-9 shall be incorporated into
this decision as if fully set forth herein.
35 The planting plan be modified to provide more screening along the rear of the structure and
parking lot.
4. The height of the proposed fence be even throughout.
MOTION: Motion made by J. Bashaw, seconded by J. Dibuono to approve with conditions
Planning and Zoning Modified Site Plan Application #PL-20-10 the Henny Penny
Convenience Store located at 446 Boston Post Road with conditions 1 through 4 and
to adopt the findings 1 through 7 of the staff report.
VOTE: 5-0
#PL-20-18 — Request of 132 Cross Road LLC owner and applicant for special permit and site plan
modification for property located at 70 Foster Road in accordance with sections 12, 22 and 23 of the
zoning regulations and as shown on plans titled “132 Cross Road & 70-74 Foster Road, Town of
Waterford, Connecticut Prepared for B&W Paving & Landscaping, Modified Building C” dated
4/18/12 revised to 2/28/20.

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M. Wujtewicz reviewed the Staff memo (Exhibit 12). The uses established at 132 Cross Road and
70 Foster Road along with the associated site work were previously approved through the issuance
of Special Permit and Site Plans PL-12-15, PL-15-2 and PL-17-12. In accordance with Section 22.7
and 23.9 of the Zoning Regulations, any changes to an approved Site Plan and/or Special Permit
requires the submission of a new Site Plan application and a new Special Permit.
The change in use of Building F from Warehouse to Vehicle Repair is one that requires a new
Special Permit in accordance with Section 12.2.12 of the Zoning Regulations. The change to the
approved use also requires site plan modifications in order to support the proposed use. Parking
modifications, stormwater design modifications, installation of required hazardous waste treatment
facilities for the vehicle repair use are all incorporated into the modified site plan.
The previous special permit for the property, PL-15-2 conditioned that the vehicle repair use was
limited to the owner’s business vehicles and for installation of equipment that was sold from a
previously approved vehicle accessory retail establishment located in one of the buildings on the
property. The addition of the new vehicle repair facility for the repair of fire trucks and equipment
by Shipman’s Fire Equipment Company requires that a new Special Permit be issued that allows the
repair of vehicles other than those belonging to the owner.
The approved Use in Building G, although never completed, was for Storage and Warehousing.
This application proposes a change of that use to Manufacturing. Manufacturing is a permitted use
in the I-C Zone District as identified in Section 12.1.4 of the Zoning Regulations. Any change in
use to a permitted use requires a new site plan be approved that includes modifications to the
previously approved site plan which will support the proposed use. Site plan modifications
proposed for this use include additional pavement to accommodate internal truck turning
movements along with the reconfiguration of parking and modification to stormwater drainage
The use of the Commercial Recreational Facility has expanded in terms of number of patrons and
the modified site plan proposes an increase in onsite parking for the patrons. The amount of parking
that was previously approved for the Commercial Recreational Facility through Special Permit PL-
17-12 was the minimum required in accordance with the Zoning Regulations. As part of this site
plan modification additional parking spaces are located on the plan in support of the expanded use
for Buildings A & B. Based on the information provided, Staff recommends the Planning & Zoning
Commission find that:
a. The application as presented is for the change in use of Building F from Warehouse to
Vehicle Repair Facility subject to approval of a Special Permit, pursuant to Section
12.2.12 of the Waterford Zoning Regulations.
b. A modified Site Plan Approval is required for the change in use of Building G from a
Warehouse to a Manufacturing Facility pursuant to Section 12.1.4 of the Waterford
Zoning Regulations.
c. Additional parking is proposed to support the increase in patron demand for the
Commercial Recreational Facility located in Buildings A and B.
d. This property was subject to a Site Plan and Special Permit PL-15-2 granted by the
Waterford Planning and Zoning Commission on November 15, 2015.
e. The application meets the criteria for site plan approval, pursuant to Section 22 of the
Waterford Zoning Regulations, subject to conditions 1- 6.
f. The application meets the criteria for issuance of a Special Permit, pursuant to Section
23 of the Waterford Zoning Regulations.

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July 13, 2020
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and that the Commission approve with conditions the proposal with the following conditions:
1. Detail required for the 2 proposed vegetated swales. This detail to be added to the plans
and found acceptable to staff prior to filing the plans on the land records.
2. Construction and stabilization of the 2 rain gardens shall be documented prior to
issuance of C of O for Building F or G.
3. Pollution prevention plan needs to include inspection and maintenance protocols and
schedules for the infiltration galleries, dry wells, Oil/water separator and rain gardens.
4, Site stormwater treatment and post-construction discharge control relies on infiltration
practices. The site lies within the Stony Brook watershed. Discharge of oils, chemicals,
vehicle wash water, and other pollutants including nutrients and sediments should be
restricted to prevent groundwater pollution and impacts to the receiving surface waters
of Stony Brook. Outdoor storage of vehicles that are designated for repair and any
outdoor servicing of vehicles shall not be permitted.
5. Erosion and sediment control narrative shall include a note requiring protection of all dry
well, catch basin and infiltration gallery inlets during site construction until soils are
stabilized with final treatment. This shail be noted prior to filing the plans on the land
records.
6. The 2 catch basins in the public roadway are to be cleaned of accumulated sediments
upon completion of construction and site paving.
7. Final as-built should include spot elevations of pavement sections to verify surface flows
are directed to appropriate catchment/treatment components of the stormwater system.
8. A Certificate of Zoning Compliance shall not be issued until such time that the site
improvements as shown on the site plan and all conditions listed have been complied
with.
MOTION: Motion made by J. Bashaw, seconded by G. Massad, to approve with conditions the
Special Permit/Site Plan Modification PL-20-18 located at 132 Cross Road & 70
Foster Road with conditions 1 through 8 and adopt the findings of a through f of the
Staff report.
VOTE: 5-0
8. CORRESPONDENCE
No correspondence was received.
9. ADMINISTRATIVE REVIEW
There were no items for administrative review.
10. ADJOURNMENT
MOTION: Motion made by J. Bashaw, seconded by G. Massad, to adjourn the meeting at 8:20.
VOTE: 5-0
Respectfully Submitted,
Recording Secretary