Planning & Zoning Commission - Minutes - 11/15/2022

Planning and Zoning Commission
November 15, 2022
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MINUTES
VED FOR RECORD
Planning & Zoning Commission 122 NNo&dmber ips, b822
6:30 PM
Members Present: Greg Massad, Karen Barnett, Victor Ebersole, ; and Ken /Pettini<
Members Absent: Tim Bleasdale
Alternates Absent: Bertrand Chenard and Joseph DiBuono
Staff Present: Mark Wujtewicz, Planner and Katrina Kotfer, Recording Secretary
1. CALL TO ORDER AND APPOINTMENT OF ALTERNATES
G. Massad called the meeting to order at 6:30 PM. No alternates were seated.
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES
MOTION: Motion made by V. Ebersole, seconded by K. Barnett, to approve the October
25, 2022 meeting minutes.
VOTE: 4-0
4, APPLICATION RECEIPT
#PL-22-17 — Request of Adams Builders, LLC, owner & applicant for a site plan approval for a
multi-family development at 48 Great Neck Road, PDD-2 zone, in accordance with Sections 22
and 30.2 of the Zoning Regulations and as shown on plans entitled "Planned Design District 2
(PDD-2) Ivy Hill Village".
ACTION REQUIRED BY: 1/19/23
M. Wujtewicz stated that the application is in order for receipt and will be scheduled for
discussion at a future meeting.
5. PUBLIC HEARING
#PL-22-16 — Application of the Waterford Planning & Zoning Commission to amend the
Waterford Zoning Regulations Sections 1 Definitions: (Cannabis Establishments) and 3.24
(Prohibition of Cannabis Establishments).
G. Massad opened the public hearing at 6:33 pm.
M. Wujtewicz read the list of exhibits, 1-3 into the record.
G. Massad asked three times if anyone from the public would like to speak either for or against
the application. No one from the public spoke.
MOTION: Motion made by K. Petrini, seconded by K. Barnett, to close the public
hearing.
VOTE: 4-0

Planning and Zoning Commission
November 15, 2022
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6. APPLICATION REVIEW
#PL-22-16 — Application of the Waterford Planning & Zoning Commission to amend the
Waterford Zoning Regulations Sections 1 Definitions: (Cannabis Establishments) and 3.24
(Prohibition of Cannabis Establishments).
The Commission discussed the proposed regulation amendment. It was noted that the present
moratorium in the Zoning Regulations Section 3.40 pertaining to Cannabis Establishments was
due to expire on December 17, 2022. G. Massad stated that an approval at this time of an
amendment to allow cannabis establishments would not contribute to the orderly development
of the Town. M. Wujtewicz noted that the proposed amendment to prohibit cannabis
establishments would not affect Medical Marijuana Dispensaries which are currently allowed by
Special Permit within the Medical Campus Overlay District. K. Barnett noted that no one from
the public spoke either for or against the application and that she felt this was an indication that
this was public support for the prohibition. There was no correspondence or other forms of
public input received for the record.
The Commission made the following findings:
1. The proposed amendment is consistent with the Business and Economic Development Goal
as identified in the 2012 Plan of Preservation, Conservation and Development in that it
prohibits a use which will not contribute to or enhance the overall community.
MOTION: Motion made by K. Petrini, seconded by V. Ebersole, to approve the
regulation amendment with an effective date of December 14, 2022.
VOTE: 4-0
7, ADMINISTRATIVE REVIEW
Discussion of legal analysis of fence placement on coastal groin between 18M Shore Road and
Seaside State Park
The Commission noted the receipt of the legal analysis from Town Counsel. Members of the
audience spoke regarding the fence. The Commission took no further action on the
correspondence.
Discussion of potential amendments regarding Accessory Dwelling Units
The Commission reviewed and discussed the staff memo dated November 15, 2022.
The Commission discussed the possible maximum net floor area percentage of the ADU based
on the principal dwelling with the possibility of a higher maximum with lots 5 acres and greater.
Discussion was held on the maximum height restrictions and that the proposed maximum height
for conversion of existing accessory buildings to 20 feet was appropriate. Discussion was held
on the possible placement of ADU in front yards. The Commission requested that staff consider
proposed language that would allow detached ADU’s within the front yard with a minimum
front yard setback relative to the front yard setback for the existing principal dwelling.

Planning and Zoning Commission
November 15, 2022
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Michael Dunn spoke regarding the letter he had submitted to the Commission. He noted with
the discussion of height his concerns have been addressed.
A property owner with a 10+ acre lot noted concerns with 50% maximum and how it could
potentially impact him and others with modest sized home.
The Commission directed staff to incorporate discussion points for review at the December 13,
2022 meeting.
8. CORRESPONDENCE
G. Massad noted that the Commission had received a letter from Nick Gauthier dated October
12, 2022 regarding Affordable Housing.
G. Massad noted that the Commission also received a letter from John J. O’Neill, Jr. Chair of
the Historic Properties Commission dated November 2, 2022 regarding efforts to rezone the
Jordan Village Historic District.
G. Massad noted that the Commission had received a letter from Michael Dunn and Deborah-
Mosher Dunn dated November 2, 2022 regarding Accessory Dwelling Units and that there had
been discussion of Accessory Dwelling Units earlier in the evening.
9. COMMISSION BUSINESS
A. Review of past months and ongoing projects
Nothing to report.
B. Upcoming projects
Nothing to report.
C. Annual Report
The Commission reviewed the annual report and reached a consensus to approve the
annual report.
10. ADJOURNMENT
MOTION: Motion made by K. Barnett, seconded by K. Petrini, to adjourn the meeting at
7:55 PM.
VOTE: 4-0
Respectfully Submitted,
Duia, 440
Katrina Kotfer oo
Recording Secretary