CLINTON PLANNING AND ZONING COMMISSION

This document was financed in part by a grant through the Office of Long Island Sound Programs, National Oceanic and Atmospheric Administration of the US Department of Commerce under the Coastal Zone Management Act of 1972 and was prepared in cooperation with the Connecticut Department of Environmental Protection’s Coastal Area Management Program.

Revised:                   November 7, 1983

Effective Date:         November 30, 1983

Revised:                   September 10, 1984

Effective Date:         October 15, 1984

Revised:                   August 8, 2005

Contents

Section 1: Introduction

Section 2: Summary of Issues and Recommendations

            Coastal Issues

            Proposed Revisions to the Clinton Plan of Conservation and Development

            Proposed Changes to Zoning Regulations

                    Non-Regulatory Recommendations

Section 3: Coastal Area and Resources

            Coastal Area

            Coastal Resources 

Section 4: Municipal Authorities Affecting the Coastal Area

            Plan of Conservation and Development Summary

            Summary of Zoning Regulations

Section 5: Coastal Issues

Section 6: Proposed Revisions to the Clinton Plan of Conservation and Development

            Proposed Coastal Goals and Policies

Section 7: Proposed Changes to Zoning Regulations

Section 8: Non-Regulatory Recommendations

Section 9: References

List of Figures

Figure 1: Coastal Boundary, Clinton, Connecticut

Figure 2: Coastal Resources

Figure 3: Shellfish Concentration Areas

Figure 4: Future Land Use Plan

Figure 5: Open Space and Public Facilities Plan

Figure 6: Zoning Map, Clinton, Connecticut

Figure 7: FEMA Map

Figure 8: Tidal Restoration Map

Figure 9: Existing and Potential Public Access

Figure 10: Wastewater Facilities Plan

Section 1: Introduction

The Connecticut Coastal Management Act (CCMA), which became effective January 1, 1980, is intended to protect the State’s coastal resources while providing for continued economic growth.  The Act defined coastal resources, established a coastal boundary within which those resources would be regulated, and established goals and policies to guide coastal development.  The CCMA is implemented through existing regulatory authorities of State and local government.  Local government implementation occurs through coastal site plan review and a municipal coastal program.

Coastal site plan reviews are mandated by the Act.  All subdivisions and development proposals brought before the Planning and Zoning Commission and all variance requests brought before the Zoning Board of Appeals must receive a coastal site plan review if the proposed activity is within the coastal boundary.  There are limited exemptions from this requirement, which is provided by the CCMA.  The coastal site plan review required the applicant to: identify coastal resources on and adjacent to the site; assess the capability of those resources to accommodate the proposed use and the suitability of the project for the site; evaluate the impacts of the project; and describe proposed methods to mitigate any adverse impacts.

The municipal coastal program provides a municipality with an opportunity to develop long-term coastal resource management objectives, and to make municipal zoning and related ordinances consistent with those objectives.

The Town of Clinton elected to update its municipal coastal program, and received a financial assistance grant from the Connecticut Department of Environmental Protection’s Office of Long Island Sound Programs.  The Clinton Municipal Coastal Program, as presented in this document, describes Clinton’s coastal area and resources, the major regulatory authorities affecting development within the coastal area, and coastal issues that were identified during the review of this program.  The program also proposed changes to the Town Plan of Conservation and Development and Zoning Regulations, and recommends several non-regulatory actions for coastal resource management.

Section 2: Summary of Issues and Recommendations

Coastal Issues

1.       Encroachment of man-made uses into environmentally sensitive coastal resource areas.

2.       Degraded water quality of the Hammonasset, Indian and Hammock Rivers and the Inner Harbor.

3.       Small shellfish populations.

4.       Degraded tidal wetlands.

5.       Degraded groundwater quality in regards to the impacts of septic systems and non-point sources.

6.       Poor physical access to the coast through State or Municipally owned properties and through the coastal site plan review process.

7.       Poor visual access to the coast.

8.       Over-development of the harbor area while needing to provide for continued economic growth.

9.       Lack of maintenance of historic and architecturally significant buildings.

10.    Poor economic vitality of the Central Business District.

11.    Lack of a balanced, developed shorefront.

12.    Lack of strict regulations that result in the loss of property from natural disasters.

13.    Lack of public awareness that results in the loss of property from natural disasters.

14.    Lack of maintenance plans that result in the loss of property from natural disasters.

15.    Impassible roadways during 100-year storm events.

16.    Lack of an open space plan that provides for the acquisition of specific parcels for open space.

17.    Encroachment into the 50’ Tidal Wetlands Buffer.

Proposed Revisions to the Clinton Plan of Conservation and Development

Coastal Goals and Policies

The coastal goals and policies established by the Connecticut Coastal Management Act are included by reference and municipal coastal policies are as follows:

Municipal Goals and Policies

1.       Avoid and discourage non-essential encroachment of man-made uses into environmentally sensitive coastal resource areas.

a.       Encourage owners of sensitive resource areas to donate land in fee-simple or to dedicate conservation easements to the Town of Clinton.

b.      Discourage development immediately adjacent to tidal wetlands and other sensitive coastal resources through the development of buffers.

c.       Encourage the use of tax abatement provisions to lessen economic pressures on property owners for development of sensitive lands.

2.       Improve water quality in the Town’s rivers and harbors.

a.       Upgrade water quality in the Indian and Hammock Rivers to SA classification.

b.      Establish a sewer minimization program that will discourage or prohibit development in wetlands and other areas where on-site sewage disposal is inappropriate.  The program should require upgrading existing inadequate systems to current standards and address the impacts of septic systems and non-point sources to improve groundwater quality.

c.       Reduce erosion and sedimentation through appropriate regulatory controls such as the establishment of vegetative buffers between development and wetlands and watercourses, provision of adequate erosion and sedimentation control measures as part of any development, and monitoring of construction activities.

d.      Require appropriate disposal of all waters from boats using Clinton Harbor.

e.       Require the incorporation of Best Management Practices (BMP’s) for stormwater treatment in all development proposals.

3.       Renew the shellfish population and concentration areas.

4.       Maintain and improve the quality of existing tidal wetlands and provide rehabilitation and restoration of degraded tidal wetlands.

5.       Increase physical access to the coast.

a.       Identify areas appropriate for public access.

b.      Encourage development of a long-term program of public acquisition of selected waterfront and wetland areas.

c.       Develop public walkways along portions of the Hammonasset, Indian and Hammock Rivers.

d.      Improve vehicular traffic flow to and from the harbor by improving street conditions on existing access roads.

6.       Increase visual access to the coast.

7.       Continue periodic maintenance dredging of the existing Federal Navigation Channel.

8.       Restrict, through appropriate regulatory measures, the expansion of marinas and boats using the harbor to a level that will not overtax land support facilities, including existing transportation routes.

9.       Discourage new, non-water dependent uses along the Hammonasset, Indian and Hammock Rivers and Clinton Harbor.

10.   Reduce the density of new developments within the Coastal Area.

Land Use Changes

1.       Indicate undeveloped portions of Cedar Island as proposed open space on the Future Land Use Plan and the Open Space and Public Facilities Plan.

2.       Areas identified in the Sewer Minimization Program as potentially requiring development of a community sewer system shown on the Open Space and Public Facilities Plan.

3.       A long-term plan to acquire the additional beach and park areas shown on the Open Space and Public Facilities Plan should be prepared.  This plan should indicate priorities and method of acquisition.

4.       The two town-owned beaches should be retained in their present use.

5.       Coastal high hazard areas (V-zones) as determined by the Federal Emergency Management Agency and shown on Flood Insurance Rate Maps for Clinton, should be maintained as open space and developed areas should be monitored and/or controlled to reduce losses of personal property and to ensure the safety of all occupants in this area.

6.       The number of permitted slips/moorings in the harbor should be limited to between 1,400 and 1,700 provided that water quality in the harbor is maintained or improved.

7.       Traffic movement on Main Street through the Central Business District should be improved by coordinating signal lights, eliminating or restricting on-street parking and providing addition exclusive turning lanes.

8.       Undeveloped parcels greater than ten acres should be zoned to reduce the density of development.

Proposed Changes to Zoning Regulations

1.       Establish provisions that permit flexibility in setback and area coverage requirements for all waterfront properties to allow the construction and reconstruction of permitted structures in such an orientation and position that they will have the least adverse impact on visual access to the waterfront while also not adversely impacting sensitive coastal resources.

2.       Require that all slips and moorings for boats in Clinton Harbor must have adequate pump-out facilities available for waste discharge.

3.       Revise the Flood Hazard Zone section of the Regulations to remove non-applicable portions and add new provisions reflecting current State and Federal requirements.  Strengthen minimum requirements to reduce potential risks, promote the health and welfare of the Town’s people and reduce losses to property.

4.       Revise Regulations to discourage development within 100’ of tidal wetlands similar to the language existing for Conservation Subdivisions.

5.       Revise zoning designations for any tracts of undeveloped land within the Coastal Boundary Area greater than ten acres.

6.       Revise Regulations to discourage the construction of jetties/groins and fences that prevent pedestrian passage below the mean high tide line, and encourage the construction of stairs over existing jetties/groins.

7.       Revise Regulations to discourage the construction of fences and/or walls that block the view from the public way of marshes and open water.

8.       Develop stricter regulations for construction standards in high hazard areas that enhance the current codes through the Zoning Regulations.

Non-Regulatory Recommendations

1.       The Planning and Zoning Commission should prepare an existing land use map (for the entire town).  This should be updated at least every two years, and annually if feasible.

2.       The Planning and Zoning Commission and the Harbor Management Commission should jointly maintain an up-to-date inventory of slips and moorings and on-shore storage capacity for boats as an aid in future planning efforts.

3.       The Town should undertake a program aimed at long-term restoration of all degraded tidal marshes.

4.       The Water Pollution Control Commission should proceed with a Sewer Minimization Program.

5.       The Harbor Management Commission should update the Harbor Management Plan.

6.       Any future dredging of the channel in Clinton Harbor or the Hammonasset River should be coordinated with the Shellfish Commission at least two years in advance of the time of the proposed dredging.

7.       The Shellfish Commission should create a management program for improving the shellfish production in the rivers and harbor.

8.       The general public should be made aware of the Regulations pertaining to the areas that are subject to potential natural disasters.

9.       The town’s infrastructure, especially Beach Park Road, Hammock Road, Shore Road, Causeway, and Meadow Road, should be carefully looked at or improved to ensure that they are passable during a major storm event.

10.    Construction and Development Standards should be updated to include criteria for construction in the high hazard areas.

11.    The Board of Selectmen and the Public Works Commission should develop a plan for periodic inspections of infrastructures within high hazard areas, recommend repairs or upgrades and set a time table for such repairs or upgrades.

Section 3: Coastal Area and Resources

Clinton encompasses 10,752 acres (16.8 square miles), and had a 2000 population of 13,094.  Dramatic population increases during the 1950’s and 1960’s changed Clinton from a rural/seasonal community to a suburban community with an urban center.  However, seasonal recreation along the coast is still important, and during the summer months population increases to around 14,000.  Projections of future population indicate continued but slower growth to a 2010 year-round population of 13,224 or 1% over 2000.

Coastal Area

Clinton’s coastal boundary is shown in Figure 1: Coastal Boundary, Clinton, Connecticut, located at the end of this document.  The coastal boundary was delineated by determining the farthest inland of 1,000 feet from mean high water; 1,000 feet from tidal wetlands or the 100-year coastal flood zone and then adjusting the boundary to coincide with property lines.

The coastal area includes about 4,350 acres (6.8 square miles) or 40.5% of the total area of Clinton.  Although there is no up-to-date map of existing land use in Clinton, about 1,936 acres of the coastal area are developed or in protected open space, distributed as follows:

About 2,414 acres are undeveloped, including large areas of inland and tidal wetlands.

Approximately 3,900 people (30% of the Town’s year-round residents) live within the coastal boundary, and 1,575 year-round dwellings (31%) and 473 seasonal dwellings are within the coastal area.  The number of seasonal dwellings has increased by 92 dwellings from 381 in 1980 as a result of stricter criteria being proposed and enacted by ordinance in September 2004, therefore making it more difficult for homeowners to convert seasonal dwellings for year-round use.

Background

Clinton Harbor has played a major role in the historical development of the Town.  The harbor was once a seaport for lumber, shipbuilding and fishing.  Three shipyards were active along the Indian River until the late 1800’s.  The Connecticut State Historic Commission has identified sixteen sites of historic or architectural importance in the harbor area.

Today, the harbor supports a large recreational boating industry.  There are nine private marinas and the Town Dock facility in Clinton Harbor and along the Hammonasset and Indian Rivers provide slip moorings for about 1,450 boats.  On-shore summer and winter boat storage and boat repair is also provided by many of the marinas.  The Town operates a marina and public dock for launching boats.

The marinas provide access to Long Island Sound for both Town residents and non-residents.  Visual access to the Sound and the marsh areas of the Hammonasset, Indian and Hammock Rivers is also provided at points along the harbor-front, as well as from the water.  This view is a major attraction for many Clinton residents.

Access to Clinton Harbor from Long Island Sound is provided by a Federal Navigation Channel that begins approximately at Wheeler Rock and extends to Esposito Beach.  This Federal Channel was completed in 1951 and was last dredged in 1981.  The authorized size of the channel is 100 feet wide, 8 feet deep and about 1,500 feet long.   From the end of the Federal Navigation Channel as determined by the Army Corps of Engineers through the remainder of the inner harbor and up the Hammonasset River, is a narrow and very shallow natural channel.  Water depth in this channel is approximately four feet deep at low tide.  In addition, this channel is approximately 60 feet wide.  Many boats berthed at the marinas on the Hammonasset River must wait until high tide to enter or leave the river.

To improve existing boating conditions and provide for future expansion, proposals have been made to widen and extend the existing Federal Navigation Channel.  However, no action has been taken on previous proposals to expand or extend the Channel.  Disposal of dredged material is one of the biggest obstacles to any dredging program because of the high cost involved.  In the past, spoil material from maintenance dredging of the Federal Channel has been disposed of in open water disposal sites in Long Island Sound.  If the channel were widened and deepened, it would provide for safer passage of the boats that presently use the harbor.  It would also make it possible for larger boats to safely enter the harbor and create an opportunity for new or expanded marinas to handle additional boats.

Within the past few years, it has become apparent that the bulkheads located at the launch ramp, the Town Marina, and at the intersection of Commerce and Grove Streets are in need of repair or rebuilding to prevent the continued collapse of the bulkheads into the harbor.

General Issues of Concern

One of the most significant issues with respect to the protection of coastal resources surrounds the elimination of any groundwater pollution caused by overly dense development that occurred, primarily, decades ago.  Like neighboring towns located on Long Island Sound, Clinton has numerous shorefront areas - beach communities – where development density exists at significantly higher levels than what would be permitted under today’s zoning and health code regulations.  In the most of the buildable land in areas adjacent to coastal resources is developed, the most significant risk comes from redevelopment – knock downs within residential areas.  Where seasonal cottages are eliminated, it is common for the new homes to become year-round in nature – “winterized”.  Because of issues, including sewer minimization, such conversions cannot occur until an on-site waste disposal system is either maintained or replaced in order to bring it up to current health codes.

Conversion to year-round use is prohibited if the lot size and site conditions will not provide adequate on-site waste disposal.  On September 11, 2004, the Board of Selectmen enacted an ordinance, “Winterization of Seasonal Use Structures”, to assist in the Water Pollution Control Commission’s effort to decrease groundwater contamination from septic systems.  This ordinance requires a homeowner to upgrade their subsurface sewage disposal systems to current standards before converting a seasonal use structure for year-round use.  In addition, the ordinance gives specific time frames for the completion of the work needed for winterization.

Several areas in Clinton have been identified as having groundwater contamination and wastewater disposal problems, identified as Needs Area 1 and Needs Area 2 in Figure 10: Wastewater Facilities Plan.  As a result, the Town of Clinton is currently under order from the Connecticut DEP to abate the identified water pollution sources.  The Water Pollution Control Commission is presently studying the problem areas, possible problem areas and alternative solutions to minimize the need for sewers.  Several areas in the coastal area have been identified that may need related issues addressed at some time in the future if water quality problems should continue.  The Commission is also enforcing the requirements set forth in the “Septage Disposal Ordinance”.

The significant issue of sewer minimization, or eliminating existing and potential groundwater pollution and the despoliation of coastal resources including tidal wetlands, is currently of high priority in the Town of Clinton.  Policies in both the 2000 Plan of Conservation and Development and this Municipal Coastal Plan are directed at minimizing or eliminating the potential for this type of pollution.

Coastal Resources

The Town of Clinton is endowed with significant coastal resources along its entire shoreline.  Although the waterfront has been colonized and utilized by humans for well over three hundred years, the Town enjoys resources of high quality.  Indeed, all thirteen of the identified coastal resource categories are represented and extend from the Hammonasset River on the western border to Groveway Beach on the eastern border.  Like most Connecticut shoreline communities, those resources are under increasing pressure as more and more people discover and enjoy the public amenities that exist on the waterfront.

The Connecticut Coastal Management Act (§22a-90 through 22a-113j CGS) defines and sets forth policies for coastal resources management in the State of Connecticut.

The following Section of the Municipal Coastal Plan is designed to identify and define Clinton’s coastal resources and to present policies that guide local, state and federal land use decisions.  Further, concerns, issues and parcels specific to Clinton are discussed so as to clearly delineate opportunities to further preserve, protect and enhance the coastal resources for all the competing users of the resources.  This document provides the basis for the balancing of uses and needs of coastal resources that is prescribed by the Connecticut Coastal Management Act.

1.       Beaches and Dunes

a.       Definition: Beaches and dunes are beach systems, including barrier beach spits and tombolos, barrier beaches, land contact beaches and related dunes and sand flats (CGS §22a-93(7)(C)).  In general, beaches are dynamic areas abutting coastal waters that are characterized by sand, gravel or cobbles.  Often, in the winter the beach profile is steeper and narrower than in the summer.

b.      Policies: To preserve the dynamic form and integrity of natural beach systems in order to provide critical wildlife habitats, a reservoir for sand supply, a buffer for coastal flooding and erosion, and valuable recreational opportunities; to insure that coastal uses are compatible with the capabilities of the system and do not unreasonable interfere with natural processes of erosion and sedimentation; and to encourage the restoration and enhancement of disturbed or modified beach systems (CGS §22a-92(b)(1)(K)).

To require as a condition in permitting new coastal structures, including but not limited to groins, jetties or breakwaters, that access to, or along, the public beach below mean high water must not be unreasonable impaired by such structures (CGS §22a-92(b)(1)(K)).

To disapprove extension of sewer and water services into developed and undeveloped beaches, barrier beaches and tidal wetlands except that, when necessary to abate existing sources of pollution, sewers that will accommodate existing uses with limited excess capacity may be used (excerpt from CGS  §22a-93(15)(H)).

c.       Adverse Impacts: Degrading tidal wetlands, beaches and dunes, rocky shorefronts, and bluffs and escarpments through significant alteration of their natural characteristics or functions (CGS §22a-93(15)(H)).

Degrading water quality through the significant introduction into either coastal waters or groundwater supplies of suspended solids, nutrients, toxics, heavy metals or pathogens, or through the significant alteration of temperature, pH, dissolved oxygen or salinity (CGS §22a-93(15)(A)).

Degrading natural erosion patterns through significant alteration of littoral transport of sediments in terms of deposition or source reduction (CGS §22a-93(15)(C)).

Increasing the hazard of coastal flooding through significant alteration of shoreline configurations of bathymetry, particularly within high velocity flood zones (CGS §22a-93(15)(E)).

Degrading visual quality through significant alteration of the natural features of vistas and view points (CGS §22a-93(15)(F)).

 Degrading or destroying essential wildlife, finfish or shellfish habitat through significant alteration of the composition, migration patterns, distribution, breeding or other population characteristics of the natural species or significant alteration of the natural components (CGS §22a-93(15)(G)).

d.      Significant Issues and Parcels: Like all shoreline communities in Connecticut, Clinton’s beaches are one of its primary coastal resource assets.  Along with the numerous private association beaches, Clinton has two public beaches, the Clinton Beach and Esposito Beach.

Clinton Town Beach, the Town’s primary public beach, is located on the eastern flank of the harbor at the terminus of Waterside Lane and Waterside Lane Extension.  The developed area of the beach is 1.3 acres and has 550 feet of water frontage.  The beach is maintained by the Public Works Department, which has recently added an additional children’s play area, funded in part by the fundraising efforts of the Town Beach Playground Committee, and a DEP-funded viewing pavilion south of the beach overlooking the Harbor and tidal marsh.  Parking is available for about 75 cars.  During the summer months access to the beach is by permit.  Residents may obtain a seasonal pass for a nominal cost, and non-residents may obtain a daily permit for only a small charge.  At low tide swimming is not possible because mud flats extend almost to the Navigation Channel.

Esposito Beach, a very small area located between marinas at the foot of Maplewood Drive, provides only limited opportunities for swimming with the large number of boats using the area.  However, it does provide a convenient open space within a heavily developed marine commercial area.

The Town also owns land on the western end of Cedar Island.  Although not developed as a beach area, it is used by the residents of Cedar Island and by others who have access to the island by boat.

The most significant issue facing Clinton’s beaches likely involves continued protection and enhancement of these recreational assets.  Clinton Town Beach is located at the end of a northward-oriented spit of upland that separates Clinton Harbor from Hammock River tidal wetlands complex in an area devoid of significant development other than the beach facilities themselves.  The beach has always been a popular summer spot for many townspeople.  The Town has successfully enhanced this recreational resource and has included an educational component as well.

Due to its smaller size and location within Clinton’s marina area, Esposito Beach has not been a significant point of interest for most people outside the immediate neighborhood in which it exists.  As a result, the Town has not focused on it as a significant public resource.  Future efforts to enhance this small public resource, including making efforts to improve water quality deficiencies, should be encouraged in the future.

Private beaches owned and maintained by beach associations exist in the areas of Harbor View, Grove Beach, Blake Avenue and Indian Drive.  In the Clinton Beach area, 10-foot right-of-ways between lots (about ever 100 feet) on the south side of Shore Road provide beach access for owners of lots across from them on the north side of Shore Road.

As the Town continues to grow, it is expected that use of the beach facilities, both public and private, will necessitate further effort to preserve, protect and enhance them.

2.       Bluffs and Escarpments:

a.       Definitions: Bluffs and escarpments are naturally eroding shorelands marked by dynamic escarpments or sea cliffs which have slope angles that constitute an intricate and dynamic balance between erosion, substrate, drainage and degree of plant cover (CGS §22a-93(7)(A)).

Bluffs and escarpments are a significant sediment source for other features such as beaches and dunes.  They provide valuable wildlife habitat and support unique plant communities and species.  They reduce the impact of coastal flooding by opportunities and scenic vistas if such uses can be designed to protect the resource from disturbance.

b.      Policies: To manage bluffs and escarpments so as to preserve their slope and toe; to discourage uses which do not permit continued natural rates of erosion; and to disapprove uses that accelerate slope erosion and alter essential patterns and supply of sediments to the littoral transport system (CGS §22a-92(b)(2)(A)).

c.       Adverse Impacts: Degrading tidal wetlands, beaches and dunes, rock shorefronts, and bluffs and escarpments through significant alteration of their natural characteristics or functions (CGS §22a-93(15)(H)).

Degrading natural erosion patterns through the significant alteration of littoral transport of sediments in terms of deposition or source reduction (CGS §22a-93(15)(C)).

Increasing the hazard of coastal flooding through significant alteration of shoreline configurations or bathymetry, particularly within high velocity flood zones.

Degrading visual quality through significant alteration of the natural features of vistas and view points (CGS §22a-93(15)(F)).

Degrading or destroying essential wildlife, finfish or shellfish habitat through significant alteration of the composition, migration patterns, distribution, breeding or other population characteristics of the natural species or significant alteration of the natural components (CGS §22a-93(15)(G)).

d.      Significant Issues and Parcels:  From the perspective of coastal systems, natural bluffs and escarpments serve several important purposes including acting as a sediment source for beach systems while at the same time serving as a buffer to the erosive effects of coastal storms.  The slopes also act as critical wildlife habitat as well.  When viewed in terms of development, however, those natural functions can run counter to the need to minimize or eliminate erosion of these bluffs in order to preserve the homes that are often built atop such bluffs and escarpments.  It is the balance of these natural and human needs that we seek in our land use decisions.  Further, when such bluff and escarpments are protected or armored or otherwise manipulated through development, they are defined as “modified” bluffs and escarpments.

In Clinton, the Hammock and Kelsey Point area of the shoreline is identified as “modified” bluffs and escarpments, this is because of the fact that the majority of the shorefront has been stabilized over the years through the construction of seawalls.  Elevations of the bluffs and escarpments range from approximately 15 to 25 feet above sea level and are a result of remnant glacial deposits, likely recessional moraines.  As such, the slopes are composed of undifferentiated sand, gravel and larger material and are particularly prone to the erosive forces of Long Island Sound.  Although the structures have stabilized the slopes and homes on top of the slopes (development needs), the bluffs and escarpments no longer provide source material to adjacent beaches (coastal system needs).  As a result of the diminishment of natural source materials to the coastal system here and elsewhere, Connecticut beaches, in general, are receding, or at least, not growing.  This is especially true in the areas of headlands.

In that “bluff-front” (waterfront) properties located in the Hammock and Kelsey Point areas of Clinton have waterside property lines located at the Mean High Water line (usually at the base of the bluffs and escarpments), and setbacks from property lines, including the Mean High Water line, do not usually impact development at the top of the slope, or as close as safe construction practices allow.  In an effort to further protect bluffs and escarpments, the Town should encourage preservation by establishing a setback from the break in slope.  Adopting this type of preservation tool would accomplish several goals including protecting the fragile top of the slope as well as buffer the vegetated slope, a wildlife habitat, from more intensive human activities.

There are few properties located on Hammock and Kelsey Points which have not been armored using either seawalls or rip rap.  Areas that have not been stabilized using such structural means are located along the eastern and western most flanks of the promontory where the increased elevations drop back down to lower topographic areas.  In those elevation transition areas, the Town should make every effort to discourage further armoring of the bluffs and escarpments as they transition to the lower beach resource areas.  At the very lease, vertical “hard” structures such as seawalls should be discouraged in favor of “softer” irregular features including rip rap, where necessary to protect an existing structure that may be prone to damage – the structure instead should be set back a sufficient distance from the slope.

3.       Coastal Hazard Areas:

a.       Definition: Coastal hazard areas are defined as those areas inundated during coastal storm events or subject to erosion induced by such events, including flood hazard areas as defined and determined by the National Flood Insurance Act and all erosion hazard areas as determined by the Commissioner (CGS §22a-93(7)(H)).  Generally, coastal flood hazard areas include all areas designated as within A-zones and V-zones by the Federal Emergency Management Agency (FEMA).  A-zones are those areas subject to still-water flooding during the so called “100-year” flood events while V-zones are those areas subject, in addition, to direct action by waves three feet or more in height.

b.      Policies: To manage coastal hazard areas so as to insure that development proceeds in such a manner that hazards to life and property are minimized and to promote nonstructural solutions to flood and erosion problems except in those instances where structural alternatives prove unavoidable and necessary to protect existing inhabited structures, infrastructural facilities or water-dependent uses (CGS §22a-92(b)(2)(F)).  An “existing inhabited structure” is a building, which was constructed and inhabited, prior to authorization of the CCMA on January 1, 1980 and is still in residential use.

To maintain the natural relationship between eroding and depositional coastal landforms; to minimize the adverse impacts of erosion and sedimentation on coastal land uses through the promotion of nonstructural mitigation measures.  Structural solutions are permissible when necessary and unavoidable for the protection of infrastructural facilities, water-dependent uses, or existing inhabited structures, and where there is no feasible, less environmentally damaging alternative and where all reasonable mitigation measures and techniques have been provided to minimize adverse environmental impacts (CGS §22a-92(b)(2)(J)).  To maintain, enhance,  or