Shelton ZBA delays decision on Waverly Road three‑lot subdivision after neighbors raise flooding, fire and wildlife concerns

The Shelton Board of Zoning Appeals on June 16 heard a contested variance request for 0 Waverly Road that would divide a 7.07‑acre lot into three single‑family R1 lots and reduce the required lot frontage from 135 feet to 25 feet per lot. The applicant’s engineer, Chris Palowski of CNK Engineering, asked the board to grant two variances under Section 24.2 and Schedule B to allow the subdivision with a common private drive rather than a 30‑foot public road.

Palowski told the board the parcel is a rear “flag” lot with a regulated watercourse near its front that constrains buildable area and that the proposed private drive (20 ft) and a single stream crossing would reduce wetland and upland disturbance compared with constructing a public road. “We’re asking for the lot frontage down from 135 ft to 25 ft,” he said, adding the three proposed lots would exceed minimum lot areas and that a maintenance agreement for the common drive would be filed on the land records.

Neighbors raised multiple technical and safety concerns in a lengthy public‑comment period. Caesar Francis, a Country Ridge Drive resident, said he and his family chose the neighborhood for its “natural beauty, privacy, country feel” and asked for clearer drainage information and assurances that the project would not increase flooding or harm nearby stone walls. Ryan Myers, a nearby homeowner, urged the commission to require a fire‑marshal review, saying the plan “would place three homes at the end of a single private road over 700 ft long that is about 20 ft wide at its narrowest point,” and warning that a blocked or narrowed drive during an emergency could imperil surrounding properties.

Other residents described long‑standing use of the woods and wetlands, concerns about blasting through ledge near existing foundations, and traffic conflicts at a sharp Waverly Road curve. Several speakers asked the board to require an NDDB (natural diversity database) review and state wildlife consultation to protect eastern box turtles; Jennifer Dunn said the species “is listed by the state of Connecticut as strictly protected” and asked that the state wildlife division be consulted before construction.

Board members and the applicant said wetlands, the town engineer, Naugatuck Valley Health and the fire marshal will review specific technical aspects during subsequent applications to planning and zoning, inland wetlands and building permitting. Palowski said wetlands had approved the driveway crossing and that Valley Health had reviewed septic plans; he also said utilities will be placed underground and that a hydrant and a 40‑ft turnaround are planned at the cul‑de‑sac.

Commissioners discussed potential conditions the ZBA could attach if it grants relief, including recording a maintenance agreement and creating a no‑cut conservation buffer of 25–30 ft along portions of the site. Palowski indicated the applicant is open to a 25–30 ft buffer and other stipulations to address neighborhood concerns.

The board did not vote on the variances at the June hearing. Chair Ed Conklin closed the public hearing for the evening and said the matter is most likely to be decided at the next monthly meeting after the applicant provides any requested clarifications and required notices; several other permitting steps remain before construction could begin.

What’s next: The applicant will return to the ZBA for a decision at a later meeting after addressing notice and technical questions; wetlands, planning and zoning, the town engineer and public‑safety officials retain approvals and reporting roles outlined during the hearing.