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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:
Acres
|
Use
|
|
1,000 |
Residential |
|
80 |
Industrial |
|
29 |
Public and Institutional |
|
146 |
Commercial |
|
66 |
Active public open space (Parks and Beaches) |
|
464 |
Protected passive open space |
|
26 |
Marine Commercial |
|
125 |
Agriculture |
|
1,936 |
Total
|
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
where feasible, restore
natural patterns of water circulation and fresh and saltwater
exchange in the placement or replacement of culverts, tide gates
or other drainage or flood control structures (CGS
§22a-92(c)(2)(B)).
c.
Adverse Impacts: Increasing the hazard of
coastal flooding
through significant alteration of shoreline configurations or
bathymetry, particularly within high velocity flood zones (CGS
§22a-3(15)(b) & §22a-93(15)(E)).
Degrading existing circulation
patterns of coastal waters through the significant
patterns of tidal exchange or flushing rates, freshwater input,
or existing basin characteristics and channel contours (CGS
§22a-93(15)(B)).
Degraded visual quality
through significant alteration of the natural features of vistas
and view points (CGS §22a-93(15)(F)).
Degrading tidal wetlands,
beaches and dunes, rocky shorefronts, and bluffs and escarpments
through significant alteration of their natural characteristics
or function (CGS §22a-93(15)(H)).
d.
Significant Issues and Parcels: Clinton and all of
its Long Island Sound and Connecticut River neighbors are
subject to the adverse impacts of coastal flooding. Of all the
natural hazards that may potentially impact the area, flooding
resulting from coastal storms is the most prevalent. In an
effort to take advantage of Federally-subsidized flood insurance
rate opportunities, Clinton and other coastal municipalities
adopted minimum flood standard ordinances and, later, zoning
standards (flood ordinances were originally developed for states
with county-level zoning authorities – Connecticut zoning
authority rests at the municipal level which has required the
standards be placed with zoning regulations instead.) Those
standards are considered minimum standards that must be
met by property owners – any additional elevation above those
minimum elevation standards can further reduce an individual’s
flood insurance rates. The standards are primarily designed
to lift flood prone structures up and out of most typical flood
events so as to minimize destruction to life and property. Not
only does this minimize potential damage to individual
structures, but it lessens the possibility of structures being
swept into other structures where they can act as
battering rams.
Minimum flood standards have been part of the Clinton Zoning
Regulations for over twenty years. As a result, new
construction (including substantial renovation) has been built
to those standards. Construction that pre-dated the standards,
however, remain vulnerable to damage and destruction caused by
coastal storms. In addition, the last significant “inland”
flood event in the area occurred in 1982. Structures damaged or
destroyed by this event have been reconstructed to the new
minimum standards. The last significant coastal storm, however,
occurred in 1938 (the Great New England Hurricane of 1938). As
a result, a tremendous amount of rebuilding has occurred between
the ’38 hurricane and the implementation of the minimum
standards in the early 1980’s. Thus, almost 45 years worth of
construction remains vulnerable to the next significant coastal
storm event. As a result, low-lying beach communities are seen
as the sector of development that is most vulnerable to impacts
from future coastal flooding. Those communities include Grove
Beach, Harbor View, Blake Avenue, Indian Drive and the low-lying
portions of both Hammock and Kelsey Points.
Another significant impact of coastal flooding occurs as a
result of the low-lying elevation of access roads to many of the
town’s beach communities. Coastal flooding of low-lying roads
occurs at the western end of Hammock Road on Kelsey Point, Shore
Road along Clinton Beach leading to Kelsey Point, and the Beach
Park Road and Causeway entrances to the Clinton Beach and Kelsey
Point areas. Beach Park Road and Causeway exist at an elevation
near 8 feet above sea level and are prone to flooding even
during lesser rain events. Flooding of these access roads alone
can completely cut off the Kelsey Point area from emergency
access, making the area particularly vulnerable. Other areas
prone to coastal flooding include the southern ends of Commerce
and Grove Streets near the Town Dock, and the western end of
Pratt Road near the Hammonasset River. Outside the beach
communities but within the designated Coastal Boundary, Clinton
also experiences roadway flooding in numerous locations along
Route 1 as a result of both culver and bridge restrictions and
low-lying elevations. In particular, high tidal levels cause
flooding difficulties where the Indian River flows south
underneath Route 1 and where a small drainage pond flows
underneath Nod Road near Sunnybrook Lane.
The Town should continue to strive to raise the elevation of
town roads that are prone to flooding in an effort to enhance
emergency access during coastal flooding events. Efforts should
continue to stringently monitor new construction and renovations
in order to insure compliance with minimum flood standards and
to insure overall compliance with the National Insurance Flood
Program. Consideration of strengthening standards beyond
“minimal” should also be considered as well. The Town has
already adopted an improvement measure to further minimize
abuses of the “substantial improvement” clause in flood
regulations by review such proposals over a five-year period
as opposed to the less stringent one-year time period.
Previously, up to 50% improvement to a structure could be
accomplished during a twelve-month period, leading to the
possibility of abuse of requirements to “flood proof” such
structure – a short-term gain at the expense of potential
long-term loss.
In an effort to plan beyond the current minimum flood standards,
the Town should consider the use of SLOSH data and maps
(hurricane inundation data) available through the Connecticut
Department of Environmental Protection in planning for revisions
to both the Zoning Regulations and the Plan of Conservation and
Development. Such data highlights low-lying areas that are
prone to flooding during Category 1 through 5 hurricanes – areas
that don’t show as being prone on current FEMA maps.
4.
Coastal Waters/Estuarine Embayments
a.
Definition: Coastal waters and estuarine
embayments are those waters of Long Island Sound and its
harbors, embayments, tidal rivers, streams and creeks, which
contain a salinity concentration of at least five hundred parts
per million under the low flow stream conditions as established
by the commissioner (CGS §22a-93(5)). Coastal waters are areas
of high primary and secondary productivity, providing habitat
for a variety of marine organisms, supporting many diverse
floral and faunal species, providing spawning and breeding areas
for many ocean waters. In addition, those waters are frequently
used by the many Connecticut residents that enjoy the coastal
environment for their recreational activities, including
boating, fishing, and swimming.
Coastal water can be separated into “nearshore waters”,
“offshore waters” and “estuarine embayments”:
·
Nearshore Waters are those waters and their
substrates lying between mean high water and a depth
approximated by the ten-meter contour (CGS §22a-93(7)(K)).
·
Offshore Waters means the area comprised of
those waters and their substrates lying seaward of a depth
approximated by the ten-meter contour (CGS §22a-93(7)(L)).
·
Estuarine Embayments are a protected
coastal body of water with an open connection to the sea in
which saline sea water is measurably diluted by fresh water
including tidal rivers, bays, lagoons and coves (CGS
§22a-93(7)(G)).
b.
Policies: To
manage estuarine embayments so as to insure that coastal
uses proceed in a manner that assures sustained biological
productivity, the maintenance of healthy marine populations and
the maintenance of essential patterns of circulation, drainage
and basin configuration; to
protect, enhance and allow natural restoration of
eelgrass flats except in special limited cases, notably
shellfish management, where the benefits accrued through
alternation of the flat may outweigh the long-term benefits to
marine biota, waterfowl and commercial and recreational fin
fisheries.
It is found and declared that the pollution of the waters of the
state is inimical to the public health, safety and welfare of
the inhabitants of the state, is a public nuisance and is
harmful to wildlife, fish and aquatic life and impairs domestic,
agricultural, industrial and that the use of public funds
recreational and other legitimate beneficial uses of water, and
the granting of tax exemptions for the purpose of controlling
and eliminating such pollution is a public use and purpose for
which moneys may be expended and tax exemptions granted, and the
necessity and public interest for the enactment of this chapter
and the elimination of pollution is hereby declared as a matter
of legislative determination (CGS §22a-422, as referenced by CGS
§22a-92(a)(2)).
c.
Adverse Impacts: 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 existing circulation
patterns of coastal waters through the significant
patterns of tidal exchange or flushing rates, freshwater input,
or existing basin characteristics and channel contours (CGS
§22a-93(15)(B)).
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: Coastal waters and
estuarine embayments or, for the most, Long Island Sound itself,
serves many important natural functions that degraded water
quality could potentially impair. As a result, many of the
identified adverse impacts and policies have been designed to
maintain the health of such water bodies for the purposes of
habitat and wildlife are more attractive to the many
recreational users that flock to the Connecticut shore each
year.
An important component of these preservation/protection and
enhancement efforts have most recently been directed at
non-point source pollution – pollution sources that are not
associated with discharge pipes or other localized sources of
pollution. Such sources include runoff from uplands including
fertilizers from lawns and runoff from impervious surfaces that
include contaminants such as oil and grease from vehicles as
well as particulate matter in the form of sand and finer
sediments. Heavy metals from impervious surfaces also
contribute to the overall level of non-point pollution as well.

For communities on the shoreline, another factor includes the
non-point pollution contribution by deficient and failing septic
systems in densely developed beach areas. Along with Clinton,
the nearby communities of Westbrook, Old Saybrook and Old Lyme
have been under scrutiny by State officials to remedy conditions
that could potentially lead to ground water contamination from
septic sources. A number of communities have responded by
bolstering “sewer avoidance” policies including strengthening
septic pump-out ordinances. Clinton has adopted such policies
in their land use program, but still faces close scrutiny by DEP
officials who seek to remedy and prevent what they describe as
ground water contamination.
From the stand point of contamination of coastal waters and
estuarine embayments, private marinas in Clinton have
participated at the regional level in a DEP/CRERPA-sponsored
“Clean Marina” program. This program has endeavored to educate
boaters on the merits of recycling marina hazardous waste
including oils and by-products of boat sanding such as
hazardous, anti-fouling paints. The Clinton town government has
indirectly participated through their association with CRERPA.
The Town should continue actively pursuing its sewer
minimization efforts by maintaining and enhancing its septic
inspection program. In addition, efforts should be made to
consider lessening the potential density of development,
especially in beach areas. Although most of those areas are
currently developed, the current economic environment has led to
the knockdown of existing older, sometimes seasonal structures
and replacing them with larger year-round structures. This
practice invariably puts more pressure on resources and should
be planned for accordingly. Allowing a decreased density would
help reduce ground water contamination potential to a great
degree.
As a note, as recent as January of 2005, the Town adopted a
clearer and more stringent zoning regulation regarding what is
and is not permitted to occur within the 50 foot area
immediately adjacent to tidal wetlands. Where many towns only
require structures to adhere to such a setback, Clinton has gone
so far as to preclude any number of uses including the
establishment of new lawn areas within that 50 foot buffer
area. Although prohibiting new septic system
construction in the buffer, the regulation does not prohibit the
“continuation use, reconstruction or renovation of any septic
disposal system” existing on the effective date of the
regulations (1/1/2005).
5.
Developed Shorefront
a.
Definition: Developed shorefronts are those harbor
areas which have been highly engineered and developed resulting
in the functional impairment or substantial alteration of their
natural physiographic features or systems (CGS §22a-93(7)(I)).
They are areas that are intensely developed, generally with
bulkheads, seawalls, revetments, or other hard structures that
were usually constructed many years ago.
b.
Policies: To
promote, through existing state and local planning,
development, promotional and regulatory programs, the use of
existing developed shorefront areas for marine-related uses,
including but not limited to commercial and recreational
fishing, boating and other water-dependent commercial,
industrial and recreational (CGS §22a-92(b)(2)(G)).
c.
Adverse Impacts: Degrading
water quality through
the significant introduction into either coastal waters or
ground water 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 visual quality
through significant alteration of the natural features of vistas
and view points (CGS §22a-93(15)(F)).
d.
Significant Issues and Parcels: Like nearby
communities, Clinton’s developed harbor is limited mainly to
areas occupied by local marinas and limited municipal property.
In addition, Clinton’s harborfront area is zoned as Marine
Commercial, with the exception of the developed portion of Cedar
Island and the Clinton Town Beach property. Both of these areas
are currently zones as R-10 residential. As such, the issued of
redevelopment for uses other than marine-related uses is
unlikely. Whether or not marinas could be expanded
significantly, however, is another question. In that a
significant portion of the harbor waterfront is colonized by
tidal wetlands, expansion of private marine uses that could only
be accomplished by removal of existing tidal wetlands would be
unlikely and inconsistent with the Tidal Wetlands Act. Through
this updated Municipal Coastal Plan, however, the Town
goes on record indicating that all efforts to expand marinas
should be avoided as is reasonably possible. Rather,
redevelopment and/or reuse of existing harbor development areas
should be considered for enhancement instead.
6.
Intertidal Flats
a.
Definition: Intertidal flats are very gently
sloping or flat areas located between high and low tides
composed of muddy, silty and fine sandy sediments and generally
devoid of vegetation (CGS §22a-93(15)(G)). Intertidal flats
serve as rich sources of and reservoirs for nutrients.
Intertidal flats provide valuable feeding areas for
invertebrates, fish and shorebirds and significant shellfish
habitat. Intertidal flats are sinks for toxic materials where
they are generally sequestered in the finer sediments, thereby
contributing to improved water quality. Intertidal flats also
provide: recreational opportunities including shellfishing,
fishing and wildlife observation; buffers for storm energy; and
are areas of scientific and educational value.
b.
Policies: To
manage intertidal flats so as to preserve their value as
a nutrient source and reservoir, a healthy shellfish habitat
and a valuable feeding area for the invertebrates, fish and
shorebirds; to encourage
the restoration and enhancement of degraded intertidal flats; to
allow coastal uses that
minimize change in the natural current flows, depth, slope,
sedimentation and nutrient storage functions; and to
disallow uses that
subsequently accelerate erosion or lead to significant
despoliation of tidal flats (CGS §22a-92(b)(2)(C)).
c.
Adverse Impacts: 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
§2293(15)(A)).
Degrading existing circulation
patterns of coastal waters through the significant
patterns of tidal exchange or flushing rates, freshwater input,
or existing basin characteristics and channel contours (CGS
§22a-93(15)(B)).
Increasing the hazard of
coastal flooding through significant alteration of
shoreline configurations or bathymetry, particularly within high
velocity flood zones (CGS §22a-93(15)(E)).
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: Clinton is endowed
with substantial intertidal flats in and around the mouths of
the Indian and Hammock Rivers, the Hammonasset River and in the
area of the Clinton Town Beach. Destruction of intertidal can
occur as a result of several factors including direct removal
(intentional dredging) and erosion through stream flow increases
that can impact the flats through high velocity erosion. In the
former case, harbor channel maintenance and expansion can
potentially impact intertidal flats in the vicinity of the Town
Beach.
In the area of the marinas, basin maintenance and expansion
should result in removal of intertidal flats to allow for
expansion of the marinas or within existing marinas that are
desirous of accommodating deeper-draft boats. Efforts to expand
basins at the expense of important intertidal flat environments
should be discouraged as much as practical. In that there are
several smaller marinas upstream on the Hammonasset River and
one upstream in the Indian River, pressures may be brought to
bear to keep the channels open so that the boats can pass from
the harbor upstream to the marinas. Maintenance dredging of
existing channels should be encouraged but not expanded in a
way that will adversely impact or destroy intertidal flats.
At the mouth of the Hammock River, limited navigability of this
waterway makes intentional dredging less likely. There is the
possibility, however, of the alteration of stream flow dynamics
in a way that would increase velocities of river flow and
promotion erosion of intertidal flats. Such alterations could
potentially occur through increasing stormwater runoff from
upland drainage areas adjacent to the river or modification of
road crossings (bridges) in a way that would produce
constrictions and higher velocity water flow. Both types of
stream modifications should be minimized and avoided to the
greatest extent possible. In the case of the Hammock River
crossing to the Town Beach, the bridge was designed to
specifically reduce flow velocities so as to avoid exacerbating
erosion of the riverbed and adjacent banks. Such design
practices should be further encouraged any time a similar
crossing is designed and built.
7.
Islands
a.
Definition:
Islands are surrounded on all sides by water. Islands,
undeveloped in particular, provide isolated nesting areas and
critical habitat for shorebirds, support many floral and faunal
species which have all but disappeared from the mainland,
constitute a large percent of undeveloped shoreline, constitute
unique geologic and wildlife observation, contain large amounts
of open space, are areas of scientific and educational value,
and provide a storm buffer for adjacent mainland areas.
b.
Policies: To
manage undeveloped islands in order to promote their use
as critical habitats for those bird, plant and animal species
which are indigenous to such island or are increasingly rare on
the mainland; to maintain
the value of undeveloped islands as a major source of
recreational open space; and to
disallow uses which
will have significant adverse impacts on islands or their
resource components (CGS §22a-92(b)(2)(H)).
c.
Adverse Impacts: 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)).
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: Cedar Island,
Clinton’s only island of significant size, separates Clinton
Harbor from Long Island Sound. Although the developed, higher
elevation eastern portion of the island can sometimes be
surrounded by the harbor, Cedar Island is actually a peninsula
interconnected with Hammonasset Beach in Madison to the west.
As a result, many of the policies that govern islands apply less
to Cedar Island than to undeveloped islands.
Expansion of development further west on the peninsula in areas
that will encroach into and near tidal wetlands is discouraged
as a result of that areas being defined on FEMA flood maps as
“coastal barriers” – areas where flood insurance is not and has
not been available for new construction or substantial
improvements after November 16, 1990. Clinton’s new
regulations concerning substantial improvements and the
increased five-year time period minimize the potential for
significant improvements that circumvent the intent of flood
standards.
The Town should continue to make efforts to disallow significant
improvements for structures on Cedar Island, this because of the
area’s proneness to damage during coastal storms. Any lateral
improvement should also be avoided and discouraged so as not to
encroach on the tidal wetlands and significant wildlife habitat
located to the west of the developed portion of Cedar Island.
Avoiding expansion of development of the current “envelope” will
also serve to minimize further visual impacts associated with
bringing a developed environment into the undeveloped fringes of
the area.
8.
Rocky Shorefronts:
a.
Definition: Rocky shorefront areas are those
composed of bedrock, boulders, and cobbles that are highly
erosion-resistant and are an insignificant source of sediments
for other coastal landforms (CGS §22a-93(7)(B)). In general,
rocky shorefronts are naturally occurring rocky outcrops that
are the interface between the land and water. Rocky shorefronts
provide hard substrate and habitat for rocky intertidal
organisms such as barnacles, blue mussels, rockweed, starfish
and oyster drills, serve as feeding grounds and refuge areas for
shorebirds and finfish, dissipate and absorb storm and wave
energy without significant changes in shoreline configuration,
and provide scenic vistas and recreational opportunities for
climbing and wildlife observation.
b.
Policies: To
manage rocky shorefronts so as to insure that development
proceeds in a manner which does not irreparable reduce the
capability of the system to support a healthy intertidal
biological community; to provide feeding grounds and refuge for
shorebirds and finfish, and to dissipate and absorb storm and
wave energies. (CGS §22a-92(b)(2)(B)).
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 (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: The Hammock Point
area of the Clinton shoreline is the only section identified on
Coastal Resource Maps (See Figure 1: Coastal Boundary,
Clinton, Connecticut) as “rocky shorefront”, this along with
interspersed areas of “modified bluffs and escarpments”. In
this case, the rocky headland portion of the shoreline is a
result of the presence of larger glacial bounders and rocks that
have been left behind as the finer gravels, sands and finer
materials have been winnowed away by thousands of years of wave
action. The portions identified as “modified bluffs and
escarpments” are those areas where the winnowing process wasn’t
as pronounced, leaving more of the smaller-sized sediments. As
a result of the natural armoring of those sections of the
shoreline, rocky shorefront areas are somewhat more resistant to
erosion than the glacial bluffs that are still composed of the
entire range of undifferentiated glacial sediment.
One of the values of rocky shorefronts is said to be the habitat
value associated with a hard substrate that intertidal organisms
such as barnacles, blue mussels, rockweed, starfish and oyster
drills prefer. This is less of a value for Clinton’s shorefront
in that the intertidal area fronting the rocky shorefront
is primarily beach environment. The winnowed glacial deposit
does, however, provide feeding grounds and refuge for
shorebirds and dissipates and absorbs storm and wave energy
without significant changes in shoreline configuration. There
is no question that Clinton’s rocky shorefront provides scenic
vistas.
As in the case with modified bluffs and escarpments, the Town
should consider developing a setback from the break in slope at
the top of the area defined as “rocky shorefront”. Currently,
there are no provisions that disallow or discourage development
as close to the edge of a rocky shorefront slope as a property
owner cares to get. Like tidal wetland setbacks, such “rocky
shorefront” and “bluff and escarpment” setbacks can be
identified based upon the break in slope or some related
topographic identification.
9.
Shellfish Concentration Areas
a.
Definition: Shellfish concentration areas are
actual, potential or historic areas in coastal waters, in which
one or more species of shellfish aggregate (CGS §22a-93(7)(N)).
Many shellfish concentration areas provide harvest opportunities
for personal consumption or by aquaculture industry. Shellfish
concentration areas provide habitat for several species of
shellfish, contribute to the diversity of benthic life and
provide sources of food for shorebirds, lobsters and other
marine life. Shellfish concentration areas support an important
source of food, provide recreational shellfishing opportunities,
provide economic opportunities, provide economic opportunities
for the shellfish industry, and provide employment through the
shellfish industry.
b.
Policies: To
insure that the state and the coastal municipalities
provide adequate planning for …[the restoration and enhancement
of Connecticut’s shellfish industry]…and to insure that any
restrictions or exclusion of such …[use]… are reasonable (CGS
§22a-92(a)(10)). To manage
intertidal flats so as to preserve their value as a nutrient
source and reservoir, a healthy shellfish habitat and a valuable
feeding area for invertebrate, fish and shorebirds (CGS
§22a-92(b)(2)(D)). Where feasible and environmentally
acceptable, to encourage
the creation of wetlands for the purposes of shellfish and
finfish management, habitat creation and dredge spoil disposal
(CGS §22a-92(b)(2)(E)). To
give high priority and preference to uses and facilities
which are dependent upon proximity to the water or the
shorelands immediately adjacent to marine and tidal waters (CGS
§22a-92(a)(3)). To protect,
and where feasible, upgrade
facilities serving the commercial fishing and recreational
boating industries (CGS §22a-92(b)(1)(I)).
c.
Adverse Impacts: Degrading or destroying
essential wildlife, finfish or
shellfish habitat through significant alteration of the
composition, migration patterns, distribution, breeding or other
population characteristics of natural species or significant
alteration of natural components of the habitat (CGS
§22a-93(15)(G)).
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 existing circulation
patterns of coastal waters through the significant
patterns of tidal exchange or flushing rates, freshwater input,
or existing basin characteristics and channel contours (CGS
§22a-93(15)(B)).
Increasing the hazard of
coastal flooding through significant alteration of
shoreline configurations or bathymetry, particularly within high
velocity flood zones (CGS §22a-93(15)(E)).
d.
Significant Issues and Parcels: Many of the issues
connected to preserving, protecting and enhancing shellfish
habitat are similar to the issues that face protection of
coastal waters and estuarine embayments – water quality and
related issues. Up until recently, the Clinton Shellfish
Commission has been relatively inactive for a number of years.
As a result, policies regarding shellfish have been overseen
primarily at the state level through the Department of
Agriculture, Aquaculture Division. That oversight, however
diligent, cannot replace the location protections and guidance
that area is afforded at the municipal level.
The most significant shellfish concentration areas in Clinton
are located near the mouth of the Hammonasset River, near the
mouth of the Indian River and around the eastern end of Cedar
Island. Water quality issues impact all three of these areas.
In addition, it is possible that proposed dredging activities
could impact shellfish areas as well. Although the likelihood
of this is small, channel dredging at the entrance to Clinton
Harbor and the potential for channel deepening and enlargement
in the Hammonasset and Indian Rivers could possibly impact those
shellfish beds. These impacts could include both directed
impacts of sedimentation from nearby dredging activities or the
direct physical removal of beds by adjacent dredging. Again,
based upon DEP scrutiny of dredging activities, precautions are
taken in permit conditions to lessen the likelihood of such
occurrences. The Town goes on record in this Municipal Coastal
Plan by indicating its support for efforts to preserve, protect
and enhance shellfish beds in Clinton waters by avoiding impacts
through dredging and other development activities.
10.
Shorelands
a.
Definition: Those areas within the coastal
boundary exclusive of coastal hazard areas, which are not
subject to dynamic coastal processes and which are comprised of
typical upland features such as bedrock hills, till hills and
drumlin (CGS §22a-93(7)(M)). In general, shorelands are not
located within coastal flood or erosion hazard areas (V-zones
and A-zones as defined by the Federal Emergency Management
Agency) and contain no tidal wetlands, beaches and dunes or
other sensitive resources. Shorelands function as immediate
sources of upland sediments, provided scenic vistas, and have
high development and redevelopment potential.
b.
Policies: To
regulate shoreland use and development in a manner which
minimizes adverse impacts upon adjacent coastal systems and
resources (CGS §22a-92(b)(2)(I)).
c.
Adverse Impacts: 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 or existing
drainage patterns through the significant alteration of
groundwater flow and recharge and volume runoff (CGS
§22a-93(15)(A)).
Degrading visual quality
through significant alteration of the natural features of vistas
and view points (CGS §22a-93(15)(F)).
d.
Significant Issues and Parcels: As defined in the
Coastal Management Act, shorelands resources are those areas
within the Coastal Boundary other than the specific
resources identified in this Plan (i.e. tidal wetlands, rocky
shorefront, intertidal flats, etc.). Shoreland resources
encompass much of the land within the Coastal Boundary that is
not located immediately on the waterfront. This means
that most of the land parcels between the rail line and the
immediate coast are subject to the preservation policies
associated with shoreland resources.
For practical purposes, this usually translates to discussions
of stormwater runoff from a site and how that non-source point
pollution source could potentially impact nearby (or not so
nearby) coastal resources. Soil Erosion & Sediment Control
Plans are important tools for evaluating just how effective the
construction plans of a particular development will be in
minimizing adverse impacts to coastal resources to the greatest
extent possible. In certain high water use proposals, it is
conceivable that issues of degradation of natural or existing
drainage patterns of groundwater flow and recharge can be raised
as well. This may be particularly true as the Town moves
forward to deal with groundwater contamination issues related to
the existence of septic systems and not sewer lines. In
shoreland areas in closer proximity to the immediate coast,
issues of degradation of visual quality may be raised as well.
Through the Coastal Site Plan Review process, the Town should
continue to closely review applications for development within
the Coastal Boundary even though such parcels may not be
immediate waterfront with immediately evident adverse impacts.
The land use boards should continue to be vigilant to insure
that stormwater and associated contaminates be designed to be
discharged off-site and into or close to identified coastal
resources.
11.
Submerged Aquatic Vegetation
a.
Definition: Submerged aquatic vegetation (SAV)
includes those rooted, vascular, flowering plants that live
permanently submerged below the water in coastal, tidal and
navigable waters. The primary species in Long Island Sound and
Fisher’s Island Sound are eelgrass and widgeon grass. In the
brackish and fresh tidal areas of Connecticut, there are
seventeen other species of SAV’s, the dominant one being
tapegrass.
SAV beds are some of the most protective shallow water habitats
on earth. They provide critical shelter for finfish and
essential habitat for shellfish, especially scallops, and
improve water quality by taking up nutrients, removing sediment
from the water column, and reducing wave energy, thereby
minimizing shoreline erosion rates. Thus, recreational and
commercial fishing operations in Connecticut are critically
dependent upon the preservation of SAV’s. They are also an
important food source for many waterfowl species.
b.
Policies: To
protect, enhance and allow natural restoration of
eelgrass flats except in special limited cases, notably
shellfish management, where the benefits accrued through
alteration of the flat may outweigh the long-term benefits to
marine biota, waterfowl and commercial and recreational
fisheries (CGS §22a-92(c)(2)(A)).
c.
Adverse Impacts: 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 existing circulation
patterns of coastal waters through the significant
patterns of tidal exchange or flushing rates, freshwater input
or existing basin characteristics and channel contours (CGS
§22a-93(15)(B)).
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)(A)).
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: As indicated
above, one of the most prevalent SAV’s in Connecticut waters is
eelgrass. Actually, eelgrass populations are more prevalent in
the eastern Sound toward the Rhode Island border, but
populations do exist as one moves westerly along the Connecticut
coast. In Clinton waters, a population of eelgrass exists along
the eastern border of Clinton Harbor in the area extending from
just inside Hammock Point to the area of the Clinton Town
Beach. This area tends to be somewhat protected, likely a
contributor to the existence of the eelgrass bed.
Eelgrass is generally known to be somewhat ephemeral – the beds
will exist for a time and then disappear. In the area of
Clinton Harbor, activities that could impact the health of the
eelgrass include the impacts of dredging that periodically
occurs at the entrance of the harbor. Short-term sedimentation
from the dredging could create adverse impacts on the eelgrass
beds and should be minimized to the greatest extent possible.
Although there are no current plans, the installation of groins
along the eastern flank of the harbor could modify existing
circulation patterns in a way that would likely be detrimental
to any SAV beds. Again, the ephemeral nature of the eelgrass
would suggest that a thorough investigation of such structures,
if ever considered, should occur.
12.
Tidal Wetlands
a.
Definition: Tidal wetlands are those areas which border
on or lie beneath tidal waters, such as, but not limited to
banks, bogs, salt marshes, swamps, meadows, flats or other low
lands subject to tidal action, including those areas now or
formerly connected to tidal waters, and whose surface is at or
below the elevation of one foot above local extreme high water;
and upon which may grow or be capable of growing some, but not
necessarily all, of a list of specific plant species listed at
the Department of Environmental Protection. In general, tidal
wetlands in “low energy” environments are protected from direct
wave action. They are flooded by tidal waters twice a day and
support a diverse ecosystem of vegetation and wildlife.
b.
Policies: It is
declared that much of the wetlands of this state have
been lost or despoiled by unregulated dredging, dumping, filling
and like activities and despoiled by these and other activities,
that such loss or despoliation will adversely affect, if not
entirely eliminate, the value of such wetlands as sources of
nutrients to finfish, crustacean and shellfish of significant
economic value; that such loss or despoliation will destroy such
wetlands as habitats for plants and animals of significant
economic value and will eliminate or substantially reduce marine
commerce, recreation and aesthetic enjoyment and that such loss
of despoliation will, in most cases, disturb the natural ability
of tidal wetlands to reduce flood damage and adversely affect
the public health and welfare; and such loss or despoliation
will substantially reduce the capacity of such wetlands to
absorb silt and will thus result in the increase silting of
channels and harbor areas to the detriment of free navigation.
Therefore, it is declared to be the public policy of this state
to preserve the wetlands and to prevent the despoliation and
destruction thereof (CGS §22a-28 as reference by §22a-92(a)(2)).
To preserve tidal
wetlands and to prevent
the despoliation and destruction thereof in order to maintain
their vital natural functions; to
encourage the
rehabilitation and restoration of degraded tidal wetlands; and
where feasible and environmentally acceptable, to
encourage the creation
of wetlands for the purpose of shellfish and finfish management,
habitat creation and dredge spoil disposals (CGS
§22a-92(b)(2)(E)).
To disallow any filling
of tidal wetlands and nearshore, offshore, and intertidal waters
for the purpose of creating new land from existing wetlands and
coastal waters which would otherwise be undevelopable, unless it
is found that the adverse impacts on coastal resources are
minimal (CGS §22a-92(c)(1)(B)).
To disapprove extension
of sewer and water services into developed and undeveloped
beaches and tidal wetlands except that, when necessary to abate
existing sources of pollution, sewers that will accommodate
existing issues with limited excess capacity may be used
(excerpt from CGS §22a-92(b)(1)(B)).
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 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 alterations of the natural
components of the habitat (CGS §22a-93(15)(G)).
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)(F)).
Degrading visual quality
through significant alteration of the natural features of vistas
and view points (CGS §22a-93(15)(A)).
d.
Significant Issues and Parcels: Clinton Harbor is
surrounded by a significant quantity of tidal wetlands,
including the Hammonasset area on the western flank of the
Harbor and the shoreline area east of the Hammonasset River.
East of the Clinton Town Beach, the Hammock River wetlands
system is extensive. In addition, upstream areas of both the
Indian and Hammock Rivers are experiencing stress and
degradation due to ongoing sedimentation. The encroaching
invasive Phragmites will, at some point, likely be targeted for
removal through tidal wetlands restoration efforts.
With the past several decades, proposals have come forth to
expand existing marinas. Such efforts included components that
require the removal and destruction of adjacent tidal wetlands.
Such efforts were eliminated in the face of opposition and
concern from numerous sources. This document establishes that
destruction or modification of tidal wetlands for the purposes
of marina expansion or other water-related development should be
avoided and minimized at all costs, and should only occur if no
other option exists and the development is clearly a
benefit to the public at large.
Restoration and enhancement of tidal wetlands, including
upstream areas of the Indian River and the Hammock River
wetlands system should be actively promoted. The Hammock River
wetland syste m
should be actively promoted. The Hammock River wetlands system
is of particular interest for education purposed as a result of
its close proximity to the Clinton Town Beach. Further
educational opportunities connected with the existing DEP-funded
viewing pavilion should be pursued, including the design and
installation of educational signage that is easily accessed and
overlooks the extensive wetlands resources.
Section 4: Municipal Authorities
Affecting the Coastal Area
Several Town regulations and plan affect development within the
coastal area, including regulations of the Harbor Management
Commission, Waste Water Disposal Ordinance, Town Plan of
Conservation and Development, Zoning Regulations, Subdivision
Regulations, Inland Wetlands and Watercourses Regulations, and
Historic District Regulations. Probably the most important of
these for controlling development are the Town Plan of
Conservation and Development and the Zoning Regulations. Each
is summarized below as it affects the coastal area.
Plan of Conservation and
Development Summary
The Clinton Plan of Conservation and Development was first
adopted in 1970, and was most recently revised in 2000. The
Plan is an advisory document, intended to guide both public
agencies and private interests in making land use and
infrastructure decisions. Included in the Plan is a map, which
displays the major recommendations for future development in
Clinton. This map, the Future Lane Use Plan is included at the
end of this document as Figure 4. In addition, a map
entitled “Open Space and Public Facilities Plan” was developed
for this publication. Following is a summary of the major
provisions of the Plan of Conservation and Development affecting
the coastal area.
Residential Housing: Most land within the coastal area is
designated as primary residential districts, which is usually
zoned R-10, R-15 and R-20 with very few areas designated as
suburban or rural residential district, located at the western
end of Cedar Island, which is zoned R-40. The Future Land Use
Plan shows the area along East Main Street from the Indian River
to Route 145 as the Village Zone, which was created in 1997, as
discussed further in this section.
Open Space: The Plan recommends the preservation of open
space. It is a necessary part of a balanced community.
Maintenance of open space preserves fragile or unique natural
resources, including wetlands, floodplains, steep slopes,
aquifer recharge areas, beaches and other coastal features,
forest stands, unusual geologic features and habitat.
In May 2001, an ordinance was passed creating an Open Space
Advisory Committee, which was charged with the purpose of
serving as an advisor to all town agencies and studying the
Town’s open space needs and to make recommendations in regard to
such.
The Committee has set criteria for recommending land for
acquisition as open space. The criteria is land that:
·
Protects aquifers, water sources and watersheds;
·
Contains watercourses, wetlands, salt marshes and
vernal pools;
·
Provides linkage of greenways to existing parcels,
including those in neighboring towns;
·
Protects habitats of significance for wildlife and
endangered species;
·
Contributes to the preservation of historic
character including scenic vistas and stone walls; and
·
Contains unique archaeological features such as
caves, ridges and waterfalls.
Since 1965, developers have subdivided 3,759.269 acres of land,
donating 692.1 acres of open space to either the town or several
non-profit land trusts.
|
|
Acreage Subdivided |
Open Space
Donation |
Percentage |
|
1965 to 1974 |
363.860 |
19.59 |
5.4% |
|
1975 to 1984 |
1082.199 |
278.90 |
25.8% |
|
1985 to 1994 |
930.130 |
113.06 |
12.2% |
|
1995 to 2004 |
1209.400 |
224.90 |
18.6% |
|
2005 to date |
173.680 |
55.65 |
32.0% |
|
|
3759.269 |
692.1 |
18.4% |
The Open Space Advisory Committee has identified the following
parcels located within the Coastal Area Management boundary as
meeting their criteria for acquisition as open space:
|
Location |
Map/Block/Lot |
Acreage |
|
110 West Main Street |
33/13/21 |
56.40 |
|
Beach Park Road |
69/66/214 |
3.26 |
|
Nod Place |
15/10/50 |
2.90 |
|
Nod Place |
15/10/51 |
41.00 |
|
Nod Place |
22/10/43 |
8.20 |
|
Nod Place |
22/10/47 |
8.30 |
|
Nod Place |
22/10/48 |
4.30 |
|
Nod Place |
22/10/45 |
31.70 |
Although most of the parcels identified above are shown in
Figure 5: Open Space and Public Facilities Plan as potential
open space, there are several parcels that were not shown. In
addition, the Planning and Zoning Commission has identified
other parcels that would be appropriate as open space by the
Town.
In the past, especially in recent years, the Planning and Zoning
Commission has accepted Conservation Easements instead of
dedications of small, isolated parcels of open space or to
supplement an open space dedication to preserve unique natural
features and sensitive habitats. Unfortunately, currently there
is no database of these easements to aid in their enforcement.
Commercial: Three commercial land use categories are identified
in the Plan and as shown in Figure 4: Future Land Use Plan,
of which only one is located entirely within the coastal
boundary:
·
Highway Commercial District: Located in a strip
along Route 1, stretching from one side of town to the other.
The other two commercial land use categories are not located
within the coastal boundary. They are:
·
Interchange District: Located north of Interstate
95 and west of Route 81.
·
Neighborhood District: Located at the corner of
Glenwood Road and Hurd Bridge Road.
For the Highway Commercial District, the Plan recommends
emphasizing good traffic flow within and among sites as well as
maintaining through traffic. Standards should also require
well-landscaped buffer and parking areas, stormwater management
using best available techniques and architecture, which is
compatible in terms of design and scale with the small town
character of Clinton.
Special Mixed Districts: Special Districts are intended
to maintain and enhance those areas of town that have their own
unique character. These Districts are not well suited to
conventional zoning techniques, but rather rely on a mixture of
uses and flexible areas and bulk standards with an overall
design context that reinforces the spatial pattern of the area.
The existing Village Zone is a special district.
· Village
Zone: Established in 1997, the Village Zone (VZ) recognizes
the special character of the East Main Street area between the
Indian River and the intersection of Route 145. The VZ is
intended to retain the concentration of civic uses that
historically characterize a town center, along with the
businesses and residences that form a streetscape which is at
village scale. Emphasis is placed on site and building design
and on encouraging pedestrian activity within the zone and in
connection with the area to the west along Main Street.
· Downtown
District: Just as the Village Zone was adopted to reinforce
the character of the area along Route 1 east of the Indian
River, the Downtown District should identify and recognize the
unique character of the corridor along Route 1 west of the
river. This is historically the town’s retail and service
center and is the area of town with the greatest percentage of
lot coverage. Setbacks from the sidewalk and from property
lines are minimal, and landscaping may be in the form of
planters rather than parking lot islands. This is principally a
pedestrian orientated area. Parking requirements must be
flexible, allowing shared parking wherever it can be arranged.
Like the Village Zone, specific design standards should be
developed to capture the flavor of the Downtown District.
· Marine
Districts: There are three areas zones for marine uses,
located on the northern shore of Clinton Harbor and along the
Hammonasset River bank. Early in 2001, two separate zoning
categories, distinguished by the prohibition of motels, etc. in
one zone, were combined into one. The majority of the Marine
District is currently utilized by permitted uses as per the
Town’s Zoning Regulations as marinas, boat storage, repairs and
sales of watercraft, associated marine retail businesses, food
service establishments and recreational facilities. The Marine
District allows for other uses which are non-existent or very
limited such as manufacturing of marine equipment, the sale and
processing of fish and marine contractor businesses. While the
majority of the uses are water dependent, approximately 10
non-conforming residential properties exist. The Town’s Zoning
Regulations tend to promote water dependent uses and discourage
the non-water dependent uses such as residential, cleaning
establishments, manufacturing and general retail.
Industrial: There are currently three types of industrial
districts, with lots ranging from 20,000 to 80,000 square feet.
There is some difference in uses currently allowed in the three
zones. The Plan recommends the combination of the three zones
into two, both of which are located in the Coastal Boundary:
· Industrial:
This zone is intended to permit manufacturing and distribution
of goods at an intensity, which requires a significant workforce
or significant movement of raw materials and/or finished
product.
· Industrial
Park: A rural appearance should be maintained within the
Industrial Park District, characterized by low building
silhouettes, large open lots and limited lot coverage by
buildings and parking areas, with a minimum of outdoor storage,
processing or other activity.
Summary of Zoning
Regulations
Clinton’s Zoning Regulations were first adopted in 1965 and have
been amended numerous times since. The coastal portion of the
Zoning Map is shown in Figure 1. A brief summary of the
major provisions of the Zoning Regulations affecting development
within the coastal boundary follows.
Zoning Districts: The Zoning Regulations establish eight
Residential Districts (R-10, R-15, R-20, R-30, R-40, R-60, R-80
and R-120), four Business Districts (B-1, B-2, B-3 and B-4
Zones), one Marine District (M Zone), three Industrial Districts
(I-1, I-2 and IP Zones), a Mixed Use District (Village Zone) and
a Flood Hazard Zone. Most districts are present within the
Coastal Boundary.
The Zoning Map conforms generally with the Future Land Use Plan
of the Town Plan of Conservation and Development. Numerous
small differences exist. The most noticeable difference between
the Zoning Map and the Future Lane Use Plan is the designation
of open spaces on the Future Land Use Plan. No areas are
specifically zoned as open space; rather they are presently
zoned for residential, marine, business and industrial uses.
Permitted Uses: For each of the zoning districts, several
classes of uses are established:
·
Uses permitted as a matter of right, with a Zoning
Permit.
·
Uses permitted subject to approval of a Site Plan
by the P&Z.
·
Uses permitted subject to a Special Exception from
the P&Z.
·
Uses permitted subject to a Special Permit from
the P&Z.
·
Uses permitted subject to a Special Exception from
the Zoning Board of Appeals.
·
Uses prohibited.
Conservation Subdivisions: Conservation Subdivisions are
cluster developments that provide for the retention of a large
portion of the parcels as permanent open space. These
Regulations allow flexibility in design to maximize the
preservation of natural resources and scenic quality of the
land. In addition, the Regulations recognize and encourage
maintaining the harmony with the surrounding areas in regard to
lot sizes.
Site Plans: Uses requiring a Site Plan by the Planning
and Zoning Commission may require a full site plan; a grading,
sedimentation and erosion control plan (following guidelines in
the Erosion and Sediment Control Handbook for Connecticut
prepared by the Soil Conservation Service); construction and
development standards for driveway access, existing streets,
parking and loading, and drainage; provisions for sewage
disposal; and inland wetlands protection.
Flood Hazard Zone: All special flood hazard areas as
identified by the Federal Emergency Management Agency (FEMA) in
the Flood Insurance Study for the Town of Clinton, March
1980, and accompanying Flood Insurance Rate Maps, are subject to
special provisions. The flood hazard regulations essentially
provide an “overlay” zone that establishes requirements for all
new construction and substantial improvements (greater than 50%
of the value of the structure) within the 100-year floodplain.
More stringent requirements are established for areas designated
as floodways and coastal high hazard areas, which are subject to
high velocity waters.
Coastal Area Management Zone: This section requires a
coastal site plan review for all structures within the coastal
boundary, as mandated by the CCMA. All subdivisions and
development proposals brought before the Planning and Zoning
Commission must receive a coastal site plan review if the
subject property is located within the Coastal Boundary. All
variance requests are subject to the same provisions. Several
exemptions from coastal site plan review authorized by the CCMA
are provided.
Marinas: Marinas require Site Plan approvals, which
includes requirements for ground coverage, setbacks, building
sizes, and minimum parking requirements as well as coastal site
plan review. This process is to assure that parking projects
conform with the Town, State and other agency regulations.

Section 5: Coastal Issues
As a result of questions posed
to several Town organizations, Town Officials and
representatives of interested groups, and investigation of
existing coastal uses and resources, several issues regarding
the future of Clinton’s coastal area emerged. General and
specific issues are stated below.
Issue 1: The Need to Maintain
and Enhance Clinton’s Coastal Resources.
Issue 1a: Encroachment of
man-made uses into environmentally sensitive coastal resource
areas
·
Intrusion into
tidal and inland wetlands.
·
Loss of the
remaining barrier beach areas to development, especially
undeveloped portions of Cedar Island.
·
Loss of the
limited bluffs overlooking the Hammonasset River.
Issue 1b: Degraded water
quality of the Hammonasset, Indian and Hammock Rivers and the
Inner Harbor
·
Biological quality
of the rivers and inner harbor such that shellfish cannot be
taken from these areas for direct human consumption.
·
Possible decrease
in water quality in the future as a result of inadequate
wastewater disposal from homes and businesses located on sites
unsuitable for wastewater disposal or from poorly maintained
systems.
·
Amount of sediment
entering the rivers and harbor, especially the Hammonasset
River.
·
Possible
degradation of water quality in the harbor because of oil and
other wastes discharged from boats.
·
Water quality
degradation due to lack of or improper treatment of stormwater
runoff.
Issue 1c: Small shellfish
populations
·
Apparent lack of
desirable quantities and types of shellfish within the rivers
and harbor.
·
Loss of public and
commercial shellfishing due to expanded recreational boating and
especially dredging to widen and extend the Federal Navigation
Channel.
·
Lack of
maintenance of existing shellfish beds.
Issue 1d: Degraded tidal
wetlands
·
Damage to the
tidal wetlands, such as the large tidal wetlands to the east of
Beach Park Road, from invasive species such as Phragmites
australis.
·
Small tidal
wetland areas have been disturbed by various activities, such as
historic dredging and filling.
·
Damage to healthy
tidal wetlands from excessive sediment.
·
Damage to tidal
wetlands from stormwater runoff from both contaminants and
quantities of fresh water.
Issue 2: Minimal Public
Access to the Coast
Issue 2a: Poor physical
access to the coast through State or Municipally owned
properties and through the coastal site plan review process
·
Insufficient
public beach areas.
·
Lack of open space
and walkways along the shorefront and riverfronts.
·
The height of
jetties/groins, and the lack of stairs over same, impedes the
public’s ability to walk along the shorefront.
·
Residents have
erected fences or walls that extend below the mean high tide
line preventing passage along the shorefront.
Issue 2b: Poor visual access
to the coast
·
Existing views may
be lost as additional development occurs.
·
Views of marshes
and open water are blocked in certain locations as a result of
the growth of Phragmites.
·
Residents have
constructed fences and/or walls that block the view from the
public way of marshes and open water.
Issue 3: The Need to Maintain
the Current Character and Mix of Development
Issue 3a: Over-development of
the harbor area while needed to provide continued economic
growth
·
Number and size of
additional boats that should be allowed to use the harbor has
not been limited.
·
The narrow and
shallow channel of the Hammonasset River prevents passage of
vessels during low tide.
·
Forcing out other
harbor uses such as swimming, water-skiing and shellfish by
increasing the number of boats using the harbor.
Issue 3b: Lack of maintenance
of historic and architecturally significant buildings
·
Buildings may be
torn down to make way for more modern buildings.
Issue 3c: Lack of a balanced,
developed shorefront
Issue 4: The Need to Improve
Construction Standards and Town’s Infrastructure to Reduce Loss
of Property from Natural Disasters
Issue 4a: Lack of
strict regulations
·
Building codes do
not provide protection from natural disasters.
·
Zoning Regulations
contain the minimum standards required by FEMA.
Issue 4b: Lack of public
awareness
·
Public unaware of
dangers caused by natural disasters.
·
Public unaware of
how their actions may reduce loss of property.
Issue 4c: Lack of maintenance
plans
·
There are
insufficient plans for the maintenance of shoreline protection
structures.
Issue 4d: Impassible roadways
during 100-year storm events
Issue 5: Lack of Open Space
within Coastal Boundary for Conservation Purposes
Issue 5a: Lack of an Open
Space Plan that provides for the acquisition of specific parcels
for open space
Issue 6: Encroachment into
50’ Tidal Wetlands Buffer
Issue 6a: Agencies granting
variances to encroach into 50’ tidal wetland buffer area
Issue 6b: Existing structures
within the 50’ tidal wetlands buffer area
Section 6: Proposed
Revisions to the Clinton Plan
of Conservation and Development
It is proposed that, following appropriate public hearings, the
following changes to the Town Plan of Conservation and
Development be adopted by the Planning and Zoning Commission as
a supplement to the 2000 Plan of Conservation and Development.
These proposed revisions identify changes needed to resolve
inconsistencies between the Plan and existing conditions, and
changes needed to help resolve the coastal issues identified in
the preceding section.
Proposed Coastal Goals
and Policies
Because of growing recognition of the special significance of
the coastal area and the importance of coastal resources,
additional policies are needed concerning future development
within Clinton’s coastal area and the use and maintenance of
Clinton’s coastal resources.
Connecticut Coastal Management Act Policies
The Connecticut Coastal Management Act (CCMA) establishes
numerous policies concerning coastal land and water resources,
coastal uses, and government processes. Because of their
general applicability to coastal resources and uses, three of
the general policies established by the CCMA are restated below:
·
To preserve and enhance coastal resources in
accordance with the policies established (in other Connecticut
General Statutes).
·
To insure that the development, preservation or
use of the land and water resources of the coastal area proceeds
in a manner consistent with the capability of the land and water
resources to support development, preservation or use without
significantly disrupting either the natural environment or sound
economic growth.
·
To resolve conflicts between conflicting uses on
the shorelands adjacent to marine and tidal waters by giving
preference to uses that minimize adverse impacts on natural
coastal resources while providing long term and stable economic
benefits.
Because of their number, the other State Coastal Policies are
not quoted, but are included by reference. Readers should refer
to the CCMA or to the Connecticut Coastal Management Manual
(Developed September 2000).
Municipal Goals and Policies
In addition to these State policies, several goals and policies
that respond to the special concerns of Clinton’s coastal area
have been developed and included in this supplement to the
Clinton Plan of Conservation and Development. Future
development in the coastal area should respond to both State and
municipal policies.
Coastal Resource Protection:
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 dedicated conservation easements to the
Town of Clinton or a land trust.
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 harbor.
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, and will upgrade
existing inadequate systems.
The Town of Clinton, along with the neighboring towns of Old
Saybrook and Westbrook, has long been involved in the issue of
groundwater protection. In an effort to correct what the
Connecticut Department of Environmental Protection has
identified as groundwater pollution resulting primarily from
non-functioning or non-code septic systems, an effort was made
during the late 1980’s to establish a regional sewer line
originating in Clinton and terminating at a waste treatment
plant on the Connecticut River in Old Saybrook. Although the
voters of Clinton and Westbrook gave their towns the go ahead to
participate in the consortium, the voters of the Town of Old
Saybrook voted against the plan, likely because of the location
of the treatment plant within their borders. As a result of the
failure of this effort, Clinton, Westbrook and Old Saybrook have
pursued wastewater management on their own.
The Town of Clinton continues to solve its wastewater disposal
through the use of on-site septic systems. Under most
circumstances, properly sited, designed, constructed and
maintained subsurface septic systems are a viable long-term
solution for wastewater disposal. The benefits of properly
installed and maintained septic systems include protection of
water quality and the public health, preservation of local
control of sewage issues, protection of residential property
values, and safeguarding of water resources as recreational,
aesthetic, and economic assets. A septic system that is not
functioning properly, however, threatens the public health by
inadequately treating sewage and/or creating a potential for
direct or indirect contact between sewage and the public.
Improperly treated effluent from malfunctioning septic systems,
or systems with poor performance can also present a threat to
water quality. In the southern portion of Clinton, site
conditions, including density, soil type and high water table
contribute to poor performance of septic systems, which then may
contribute to non-point pollution discharges into Long Island
Sound.
As in neighboring towns, the Town of Clinton continues to
investigate potential off-site opportunities for wastewater
management, but the main policy is to ensure that septic systems
continue to be the primary method of sewage disposal as is
feasibly possible while still protecting the environment, public
health and general wellbeing of its citizens. This sewer
minimization policy has been adopted in the 2000 Plan of
Conservation and Development and is being further reinforced
here in the updated Municipal Coastal Plan.
High Density Residential Development: The most
significant challenge to ensuring that groundwater contamination
is minimized or eliminated is found in the higher density
shorefront beach developments. The reason for the challenge is
threefold:
1.
The higher density of such developments;
2.
The exceedingly well drained sandy soils upon which the
developments exist; and
3.
The close proximity of sensitive coastal resources
including Tidal Wetlands,
Intertidal Flats, Shellfish Concentration Areas, Clinton Harbor
(Open Waters) and Long Island Sound itself.
Recommendations: The issue of groundwater contamination
has become a high priority issue in Clinton of late. Heightened
efforts have been made to find a suitable site for the potential
construction of a wastewater treatment facility. As recent as
early 2005, the CTDEP has stepped up efforts to move Clinton
forward to solve groundwater contamination that is said to exist
in the southern areas of town. The following recommendations
are designed to further reinforce guiding policies, goals and
recommendations found in the 2000 Plan of Conservation and
Development:
· On-site
septic systems are and shall continue to be considered the
primary means of wastewater disposal in the Town of Clinton;
· Where
on-site septic systems are not feasible, only then should the
Town consider off-site structural solutions to wastewater
problems;
· In
the event that it becomes necessary to implement off-site
structural solutions to groundwater contamination in selected
areas, abatement of identified pollution shall be for the
purpose of correction of specific contamination only. Planning
and Zoning policies regarding the limiting of development
density shall not be relaxed or altered so as to allow
sewer-initiated density increases;
· Clinton
has a significant number of residential dwellings in
high-density beach areas. Although many are season in nature,
that number is declining based upon the “winterization” of
cottages – the transition of seasonal cottages to year-round
occupation. The Town shall continue to strictly monitor and
enforce provisions allowing for “winterization” of seasonal
cottages, including increased monitoring of septic systems and
aggressively pursuing and correcting health code violations and
septic system failures. More stringent standards for inspection
may become a necessity if off-site structural solutions,
including sewers, are to be avoided.
· Due
to the nonconforming nature of many of the lots and structures
located within the dense beachfront areas where the potential
for groundwater contamination is greatest, the Town of Clinton,
through the Zoning Board of Appeals, shall adopt a policy of
strict adherence to sewer minimization when reviewing
applications for variances of Zoning Regulations.
· The
Town shall reinforce existing, and develop new, educational
efforts in order to better inform the public regarding the care
and maintenance of septic systems, including instructions and
guidelines for pumping of their systems. An informed citizenry
is seen as a key to the success of any sewer avoidance program
relying on on-site wastewater management.
· 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.
· Require
appropriate disposal of all waters from boats using Clinton
Harbor.
· Discharge
from impervious surfaces as driveways, roofs, patios should be
directed into such things as rain gardens and infiltration
systems.
· Upgrade
existing discharge structures by adding treatment structures and
vegetative swales.
· Roadside
embankments should be upgraded to provide gentler slopes and
dense vegetation to help filter the sheet flow, especially along
Beach Park Road, Hammock Road, Causeway, Meadow Road and the
embankment of the Route 1 Fire Station, Town Hall and municipal
parking lot.
· Indian
River: Improvement of drainage systems from municipal
parking lots, provide erosion control structures or measures to
stabilize the banks along the river, especially in the area of
Route 1. Provide treatment of all stormwater runoff through
mechanical or vegetative methods.
· Beach
Park Road: Upgrade the tidal gates at the Hammock River so
that normal tidal flows are maintained and reducing flooding
during major storm events. The embankment along the tidal marsh
areas should be improved to provide a vegetative cover that is
capable of reducing the contaminants from the stormwater sheet
flow off the roadway.
· Causeway
& Meadow Road: The reconstruction of the road to provide
safe passage during flooding events, drainage analysis to
improve tidal and storm event passage under the roadway and
shoulder/embankment improvements to provide a vegetative filter
for sheet flow off of the roadway and improve drainage systems
that incorporate both mechanical and natural filters for
pollutant removal.
· Route
1: A comprehensive drainage plan should be developed to
improve flows under the roadway and to establish guidelines and
timelines for the upgrading of stormwater runoff quality through
Best Management Practices (BMP’s) and modifications to the
systems that bring them into compliance with the Connecticut
Stormwater Quality Manual.
· Require
the incorporation of Best Management Practices (BMP’s) for
stormwater treatment in all development proposals.
The Town should strive to improve the water quality by
implementing the BMP’s as prescribed by the 2004 Connecticut
Stormwater Quality Manual and the 2002 Connecticut Guidelines
for Soil Erosion and Sediment Control by implementing stronger
regulations through Zoning and Subdivision Regulations and
Ordinances in conjunction with the Phase II Stormwater
permitting of the Town. The BMP’s should reduce or eliminate
pollutants from stormwater runoff. Stormwater runoff is the
vehicle that transports pollutants from impervious surfaces,
such as roofs, patios, roads, driveways, parking lots, and from
vegetative areas such as lawns, hillsides and sloping land. The
pollutants are from many sources, including animal wastes,
failing septic systems, fertilizers, construction sites, leaves,
grass clippings, brush, fluid leaks, oil, gasoline, automotive
emissions, metal roofs, herbicides, insecticides, road salt,
snow melt and litter. Some of the pollutants are excess
nutrients, sediments, pathogens, organic materials,
hydrocarbons, metals, synthetic organic chemicals, deicing
chemicals, trash and debris, freshwater impacts diluting
salinity of marshes and thermal impacts changing temperature of
water affecting aquatic organisms. Organic materials through
decay can lower the dissolved oxygen level of water creating
fish kills, algal growth and odors.
In general, all of the above pollutants can reach Long Island
Sound from all areas of the Town, not only from the land
adjacent to the Sound, but also from areas well inland from the
coast. The Town’s topography directs all stormwater and surface
water towards the Sound.
Stricter enforcement of the Regulations will improve the water
quality if applied to new development and re-development in the
Coastal Management Area as well as throughout the town. This
can be accomplished by a coordinated effort of Planning and
Zoning, Public Works, the Selectmen and the Inland Wetland
Agencies.
Best Management Practices
· Biannual
cleaning of all structures.
· Require
that all discharge be routed through treatment structures such
as oil/water separators in conjunction with swirl separators for
debris. Each discharge should be through vegetative swales of
sufficient dimension that will filter the stormwater prior to
entering wetlands or streams.
· Limit
the amount of impervious surface and to retain the first inch of
rainfall from those surfaces.
· New
and improvement projects should be required to provide as much
infiltration of stormwater as feasible and within standard
engineering practices.
· New
residential construction should be required to employ the latest
technology for pollutant remediation of stormwater runoff and
BMP’s.
The Town, through its Phase II Stormwater Permit required from
the Federal Environmental Protection Agency, should establish a
plan to upgrade all the drainage structures and systems that
would take into account future development needs and employ
technology to reduce the pollutants by at least 80% or more
prior to discharge into wetlands and tributaries of Long Island
Sound.
Coastal Resource Protection (Continued)
3.
Renew the shellfish population and concentration areas.
The oyster population of Clinton was virtually decimated by two
viruses in 1996 and 1997. In an effort to renew the shellfish
population and concentration areas, the Shellfish Commission
should develop a Maintenance Plan and procedures for
implementation that would ensure compliance and provisions for
adjustment as needed in the future.
The Shellfish Commission should re-develop an active program for
managing the shellfish and improving their number and quality.
This program should include obtaining oysters and clams from
other areas for seeding the rivers and harbor, prohibiting the
taking of shellfish until the new stock is fully developed.
The Shellfish Commission should establish procedures and a
permitting process for the taking of shellfish from the
Hammonasset and Indian Rivers and from the Inner Harbor. The
surviving shellfish west and south of the natural channel of the
Hammonasset River officially belong to the Town of Madison and
the Shellfish Commissions from both towns should cooperate in
the management of these areas.
4. Maintain
and improve the quality of existing tidal wetlands and provide
rehabilitation and restoration of degraded tidal wetlands.
In the Town of Clinton there are approximately 600 acres of
tidal wetlands. These wetland areas extend along the inner
harbor of the town and the Hammonasset, Indian and Hammock
Rivers. The majority of these tidal wetlands are Grid Ditched
Marshes and Drained Marshes.
All of the tidal wetlands experience some form of degradation,
primarily from past development practices and lack of
maintenance, allowing invasive plants to take hold. The
development areas adjacent to the wetlands was prior to
regulations controlling construction, stormwater runoff and
density development. Accumulation of sediment in the marshes,
increased fresh runoff and restriction of tidal flows from
undersized structures for transportation corridors resulting
from the unregulated development, caused the eventual take over
of the marshes by invasive plant species such as common reed
(Phragmites australis), multiflora rose (Rosa multiflora),
oriental bittersweet (Celastrus orbiculata), honeysuckle (Lonicera
morowii) and autumn olive (Elaeagnus umbellate),
which have replaced the saltwater cordgrass (Spartina patens).
Currently, a small population of wildlife uses the marsh areas.
The species of wildlife includes foxes, deer, wild turkeys,
Canadian geese, glossy ibis, muskrats, egrets, great blue
herons, great white egrets, kingfishers, bitterns, small green
herons, yellow-crowned night herons, turkey vultures, small
brown marsh hawks, marsh sparrows, great horned owls, raccoons,
skunks, opossums, and numerous types of ducks, cormorants, and
ospreys.
The Town should perform studies to analyze and develop a
long-term plan to restore approximately 225 acres of tidal
wetland marshes to establish a viable ecosystem. The areas
along the Indian River from Route 1 to the Interstate 95
corridor and along the Hammock River, from just west of the
Causeway to the Westbrook Town Line and an area north of Shore
Road and Grove Way to south of the New Haven Railroad
right-of-way, as shown in Figure 10: Tidal Restoration Map.
If restored, these areas would provide a larger and more
productive wildlife habitat and enhance the views of the area.
The plan should include the best methods of restoration that
would reduce or eliminate invasive plant species and provide for
the correct water salinity and upgrade the existing drainage
system to control the flow of water through the area. The plan
should also include a long-term maintenance program to ensure
the continued health of the tidal wetlands areas.
The Town, through various agencies and regulations, should
develop a coordinated effort to ensure compliance with the
plan. In addition, development in the area of the tidal
wetlands should be carefully reviewed and scrutinized to be
compatible with the plan.
Public Access to the Coast:
1.
Increase physical access to the coast.
a.
Identify areas appropriate for public access.
Currently there are two public beaches, which are shown on
Figure 9: Existing and Potential Public Access Plan. The
Town Beach, located at the end of Waterside Lane, has undergone
several improvements in recent years. These include the
construction of a viewing platform and reconstruction of the
playground area.
Esposito Beach, which the town received from Louis Esposito
during a harbor improvement project in the early 1950’s, is
located next to the Town Dock Facility. This area is to remain
as a beach or the land reverts back to the Esposito family.
Although this area is not utilized for swimming, it is good
visual access and provides opportunities for the public to feed
the wildlife, e.g. ducks ad swans, without creating issues with
boaters.
There are several areas of the shoreline that are private
beaches. There a re
numerous beach and homeowner associations that maintain these
beaches. However, they are not appropriate for public access at
this time.
In addition, the Commission has identified on Figure 9:
Existing and Potential Public Access Plan existing and
potential public access areas. There are several town-owned
parcels which should have appropriate signage added to identify
public access to waterways. These include a launch ramp on the
Hammonasset River on Route 1, a launch ramp near the Town Beach
on Waterside Lane and two parcels that abut the Menunketesuck
River. The Town should look into obtaining grant monies to
increase the public awareness of these parcels as access to
coastal resources.
The
Town obtained a grant for the preliminary work on “Clinton
Landings”. This is going to include a viewing platform and
small craft launch area on the Indian River, at the former
Police Station building.
b.
Encourage development of a long-term program of public
acquisition of selected waterfront and wetland areas.
The Town should develop a long-term plan, to be utilized by the
Open Space Advisory Committee, for the acquisition of open space
along waterfront and wetland areas by the Town.
There is approximately 104 acres located at the end of Highland
Drive along the Hammonasset River that the Town should study as
potential open space. Currently it is zoned for industrial use,
however, it is mostly salt marsh that cannot be utilized as
such.
c.
Develop public walkways along portions of the
Hammonasset, Indian and Hammock Rivers.
The Clinton Land Conservation Trust recently obtained a large
parcel of open space located on the Hammock River. The donor of
this land is in the process of constructing a public walkway
that will extend from Beach Park Road to Waterside Lane, with
access to Stanton Road.
Identified on Figure 5: Open Space and Public Facilities Plan
are potential open space areas that the Town should study and
try to obtain. While a large percentage of this potential open
space is salt marsh, walkways might be able to be constructed
for public access.
d.
Improve vehicular traffic flow to and from the harbor by
improving street conditions on existing access roads.
2.
Increase visual access to the coast.
a.
Provide flexibility and/or restrictions in Zoning
Regulations so that new development can be designed to have the
least impact on visual access to the waterfront.
Development Patterns within the Coastal Area
1.
Continue periodic maintenance dredging of the existing
Federal Navigation Channel.
The dimensions of the Federal Channel were long ago established
by the United States Congress who authorized the Army Corps of
Engineers (USACE) to maintain this project. In recent years,
due to funding constraints, the USACE has put a higher priority
in performing maintenance dredging projects on harbors that
support greater levels of commercial and fishing activity over
those harbors where recreational boating is the primary
activity. Unfortunately, Clinton Harbor is considered by the
USACE as more a recreational harbor than a center of commercial
activity. This means that the Town must be proactive and
persistent in making the need for maintenance dredging known to
the USACE. Interaction with our congressional representatives
to assist the Town in pursuing its dredging request is necessary
to be successful in this endeavor as well as the active support
of the public, both boaters and marina operators alike to make
our needs known.
2.
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.
3.
Discourage new, non-water dependent uses along the
Hammonasset, Indian and Hammock Rivers and Clinton Harbor.
4.
Reduce the density of new developments within the Coastal
Area.
Proposed Land Use Changes
1.
Indicate undeveloped portions of Cedar Island as proposed
open space on the Future Lane 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
should be shown on the Open Space and Public Facilities Plan.
Since the Plan of Conservation and Development was revised in
2000, the Town has moved from a sewer avoidance program to a
sewer minimization program. This program identifies two areas
within the coastal boundary, as shown in Figure 10:
Wastewater Facilities Plan, as potential problem areas that
must be closely monitored and, if necessary, placed on a
community sewer system.
3.
A long-term plan to acquire the additional public beach
and park areas shown in Figure 5: 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.
The need for open space and public beach area is greater than
the need for additional public boating facilities.
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.
The number of boat slips in all of Clinton Harbor in all of the
marinas was counted at 1,450 in 2001 with another 20 private
moorings located to the east of the channel off of Harbor View
Beach Associations. Additionally, there are approximately 75
boats stored in vertical land rack storage structures within
Clinton. Further boating activity is generated by the
popularity of the Town owned launch ramp, which gets heavy usage
in the summer months.
Currently there are no large scale plans to expand the
facilities in town as the available space to do that is
prohibitive.
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 additional exclusive turning lanes.
8.
Undeveloped parcels greater than 10 acres should be zones
to reduce the density of development.
Section 7: Proposed Changes to Zoning
Regulations
Zoning Regulations should be modified as needed
to be consistent with the proposed supplement to the Town Plan
of Conservation and Development and to address the coastal
issues that were identified. The Zoning Regulations are already
consistent with many of the goals and policies established in
the proposed supplement to the Plan of Conservation and
Development. Further, several of the issues that were raised –
especially those dealing with encroachment into tidal wetlands
and erosion and sedimentation – can be resolved, in large
measure, through continued rigorous application of existing
provisions of the Zoning Regulations and improved enforcement of
permit conditions. Still, additional improvements can be made,
and the following changes to the Zoning Regulations are
suggested.
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.
Existing setback and area coverage requirements may result in a
structure being located in a manner that reduces visual access
to the waterfront more than necessary. By providing flexibility
in the Regulations, the Commission can ensure that the greatest
possible visual access is maintained.
2.
Require that all slips and moorings for boats in Clinton
Harbor must have adequate pump-out facilities available for
waste discharge.
No expansion of slips/moorings should be permitted unless there
is adequate means of properly servicing existing and additional
boats and elimination of non-point sources of pollution with
establishment of Best Management Practices (BMP’s) for
stormwater management that will significantly improve the water
quality. Participation is strongly recommended for the marinas
and Marine District uses to participate in various Department of
Environmental Protection programs such as the “Clean Marina
Program”.
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.
While the Office of Long Island Sound Programs (OLISP) would
prefer that the Regulations would provide for a 100-foot wide
vegetative buffer, this is not feasible given the historic
development patterns along our coast. Strictly enforcing the
currently 50-foot buffer while requiring the applications to
look for alternatives to any development within 100 feet of the
tidal wetlands will improve the health of the tidal wetlands.
Review and revise the prohibited and permitted uses within the
tidal wetlands buffer.
5.
Revise zoning designations for any tracts of undeveloped
land within the coastal boundary area greater than ten acres.
Lot standards in this area for new development should be
consistent with the R-40 District. These changes would serve to
both protect abutting tidal wetlands and to reduce the
likelihood of sewage discharge into Long Island Sound.
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.
The Town should develop stricter regulations for
construction standards in high hazard areas that enhance the
current codes through the Zoning Regulations.
The requirements set by FEMA should be strictly enforced and in
some instances, increased to provide for more protection from
the loss of property. Such increases include:
·
Establishing a minimum of one foot of freeboard
above the established base flood elevations;
·
Require all new or substantially improved
structures be certified by a Professional Engineer; and
·
Elevation Certificates be provided prior to the
issuance of a Certificate of Occupancy.
Section 8: Non-Regulatory Recommendations
In addition to the changes in the Plan of Conservation and
Development and Zoning Regulations, additional actions can be
taken by various Town bodies to address the coastal issues that
were identified.
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 develop and 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, created in 1992.
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 shellfish production in the rivers and
harbors.
8.
The general public should be made aware of the
Regulations pertaining to the areas that are subject to
potential natural disasters.
The Town should implement a public awareness program that
includes pamphlets, mass mailing and public workshops that would
be spearheaded by the Board of Selectmen and the Director of
Emergency Management, with the help of the Planning and Zoning
Commission.
9.
The town’s infrastructure, especially Beach Park Road,
Hammock Road, Shore Road, Causeway, Meadow Road, should be
carefully looked at or improved to ensure they are passable
during a major storm event. The roads should be improved so
that they are at a minimum, at or above the base flood
elevation.
10.
Construction and Development Standards should be updated
to include criteria for construction within the high hazard
areas. The Public Works Commission should research the above
and implement as soon as feasible and when opportunity avails.
11.
The Board of Selectmen and the Public Works Commission
should develop a plan for periodic inspections of infrastructure
within high hazard areas, recommend repairs or upgrades and set
a time table for such repairs or upgrades.
Section 9: References
Clinton Central Business District, Southeast Quadrant
Conceptual Plan. Flaherty Giavara Associates, Inc., April
1978.
Clinton Harbor Plan, Proposed as a Supplement to the
Clinton Municipal Coastal Plan, (not approved). Connecticut
River Estuary Regional Planning Agency, June 1982.
Coastal Policies and Use Guidelines, Planning Report No.
25. Connecticut Coastal Area Management Program, March 1978.
Coastal Recreation, Planning Report No. 25. Connecticut
Coastal Area Management Program, March 1978.
Coastal Resources, Clinton Quadrangle and Essex
Quadrangle. Connecticut Coastal Area Management Program, 1979.
Comprehensive Plan of Development, Clinton, Connecticut.
Clinton Planning and Zoning Commission, 1978.
Connecticut Coastal Management Act, as amended.
Connecticut General Statutes, Chapter 444, Section 22a-90
through 22a-112, inclusive.
Connecticut Water Quality Standards & Criteria.
Connecticut DEP, Water Compliance Unit, September 1980.
Detailed Project Report, Clinton Harbor, Clinton and Madison
Connecticut. New England Division, Corps of Engineers,
March 1978.
Economic Impact Evaluation; Clinton Harbor Improvements.
Flaherty Giavara Associates, Inc., Map 1978.
Flood Insurance Study, Town of Clinton, Connecticut.
Federal Emergency Management Agency, March 1980.
Harbor Resource Management for Clinton, Connecticut.
David P. Argyros, et al., January 1979.
Inland Wetlands and Water Courses Regulations of the Town of
Clinton. Clinton Inland Wetlands Commission, June 1980.
Long Island Sound Dredge Material Containment Study Prototype
Report. New England Division, Corps of Engineers, April
1982.
A Model Plan for the Hammonasset River Basin, Water Quality
Preservation. L.A. Rouley, February 1979.
Municipal Coast Program, Clinton, Connecticut,
Preliminary Draft. Connecticut River Estuary Regional Planning
Agency, undated.
Natural Drainage Basins in Connecticut (map).
Connecticut DEP, Natural Resources Center, 1981.
Oil Spill Contingency Plan. Lower Connecticut Valley
Selectman’s Association, January 1981.
Shellfish Concentration Areas, Clinton Quadrangle.
Connecticut Coastal Area Management Program, 1979.
Social and Economic Impacts of Selected Potential Dredged
Material Containment Facilities in Long Island Sound. New
England Division, Corps of Engineers, September 1981.
State of Connecticut Coastal Management Program and Final
Environmental Impact Statement. NOAA, OCZM and Connecticut
Coastal Management Program, 1980.
Subdivision Regulations of the Town of Clinton, Connecticut.
Clinton Planning and Zoning Commission, July 2004.
Tidal Restriction: Its Impact on the Vegetation of Six
Connecticut Coastal Marshes. Charles Roman, Connecticut
College Thesis, July 1978.
Wastewater Facilities Plan for a Sewer Avoidance Program for
the Town of Clinton, Connecticut. Malcolm Pirnie, Inc.,
September 1982.
Water Quality Classifications for the Central Coastal Basin
(map), Connecticut DEP, Water Compliance Unit, undated.
Zoning Regulations of the Town of Clinton, Connecticut.
Clinton Planning and Zoning Commission, October 2004.
Connecticut Coastal Management Manual. State of
Connecticut, Department of Environmental Protection, September
2000.
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