CHESTER ZONING BOARD OF APPEALS by abstraks

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									    THESE MINUTES ARE SUBJECT TO APPROVAL AT THE NEXT ZONING
                   BOARD OF APPEALS MEETING

                        CHESTER ZONING BOARD OF APPEALS
                               REGULAR MEETING
                              MONDAY, MAY 18, 2009
                             CHESTER MEETINGHOUSE
                                4 LIBERTY STREET
                             CHESTER, CONNECTICUT


CALL TO ORDER: Mario Gioco, Chairman, called the meeting to order at 7:30 p.m.

SEATING OF MEMBERS: In attendance included: John DeLaura, Mark Borton, Tom
Englert and Mario Gioco. Justin Kronholm arrived at 7:33 p.m. and was seated for Jim
Miller.

AUDIENCE OF CITIZENS: Peg and Glen Ryer

APPROVAL OF MINUTES: April 20, 2009

Mark Borton made a motion to accept the meeting minutes from April 20, 2009 as
amended. Tom Englert seconded the motion.

Corrections included:

          Page 2 – Change “center” to “system” and “their” to “the”
          Page 3 – Change “property” to “well water” and “property” to “well”
          Page 4 – Change “center” to “system”
          Page 4 – Srike “it”
          Page 4 and 5 – Change BAA to ZBA

The motion passed. Justin Kronholm abstained.

NEW BUSINESS

Receipt of Application

An application was received from the Chester Historical Society. The application was
distributed and reviewed.

A copy of the application including the setbacks was requested.

John DeLaura reviewed the zoning and what they were specifically looking for was
provided in the application.



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Mark Borton made a motion to receive the application with requested information. John
DeLaura seconded the motion. The motion passed unanimously.

OTHER BUSINESS

Mario Gioco reported on a letter received from the Connecticut River Gateway
Commission. The letter was as read into the minutes as follows:

May 13, 2009

Mr. Michael Joplin
Chester Planning & Zoning Commission
203 Middlesex Ave.
Chester, CT 06412

Subject: Revision of Definition, Height

Dear Mr. Joplin,

As a result of questions that recently came up during an application review in the
Gateway member Town of Lyme, the Gateway Commission is requesting that the
Planning & Zoning Commission consider the revision of the Town’s definition of
Building Height, Gateway Conservation District.

Background
A property owner applied for a Zoning Permit to construct a barn, accessory to a
residential dwelling, on a hillside in Lyme. The highest point of the structure is proposed
to be 28 feet from existing natural grade, but on the downslope side, the property owner
wanted to excavate below that existing grade to construct a “walkout” garage within
which equipment would be parked. The exposed downslope façade would measure 38
feet as measured from the new excavated grade, therefore exceeding the 35 foot height
maximum. According to the existing regulation language, which measures height from
existing natural grade, the measured height would technically be 28 feet. Clearly, a
situation where excavation would increase the height measurement had not anticipated.
As a result, a definition revision appears to be necessary.

Requested Revision\

The existing height definition in the Chester Zoning Regulations (Section 20A Height) is
a follows:

The vertical distance between a horizontal plane through the highest point of a building or structure,
excluding chimneys, and lowest point of a building or structure which is visible above existing natural
grade prior to site grading. The height of any retaining wall constructed to create a site platform, and of
any backfill along the foundation in excess of the existing natural grade, shall be included as part of the
measured height.




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The proposed definition with the additional language (emboldened and within bracket), is
as follows:

The vertical distance between a horizontal plane through the highest point of a building or structure,
excluding chimneys, and lowest point of a building or structure which is visible above existing natural
grade prior to site grading (or such vertical distance which is visible from a new, excavated elevation
below existing grade, whichever creates the greater height dimension). The height of any retaining
wall constructed to create a site platform, and of any backfill along the foundation in excess of the existing
natural grade, shall be included as part of the measured height.

Structure Location Clarification
An additional question that arose on the same property concerned how Gateway
standards governing structures should apply to properties which “straddle” the Gateway
Conservation Zone boundary. In the case of the property in question, a portion of the
property was located within the Gateway Conservation Zone, but the existing and
proposed structures were located outside of the Conservation Zone. In such a case, the
Gateway Commission agreed that, since the Gateway standards primarily apply to
structures and t heir bulk and height, such standards wouldn’t apply to structures located
outside of the boundary area unless the local Zoning Commission or their agent
establishes or interprets otherwise (the Gateway standards are considered to be minimum
standards which can be strengthened or increased as a local Commission sees fit).

Thank you for your attention to this matter. If the Planning & Zoning Commission has
any questions, please don’t hesitate to contact us at (860)388-3497.

For the Commission,


J.H. Torrance Downes
Senior Planner

Copy to:
Ms. Judy Brown, ZEO
Mr. Mario Gioco, ZBA Chair

Connecticut Water Company

Tom Englert read the following letter into the minutes:

Chairman
Zoning Board of Appeals
Town Hall
203 Middlesex Avenue
Chester, CT 06412

Dear Sir or Madam:




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Connecticut Water Company has sources of surface and groundwater public drinking
water supplies and the associated watershed and aquifer areas located within your town.
Sections 8-3i of the CT General Statutes requires an applicant who proposes any activity
within a public drinking water supply watershed or aquifer area to provide written notice
of the application to the affected water company if such water company has filed a map
showing the boundaries of the Level A or B aquifer protection areas, as approved by the
Department of Environmental, or a copy of the watershed map. The notification must be
made by certified mail, return receipt requested no later than seven days after the date of
the application. Copies of these maps have previously been provided to your
Commission. I would appreciate your cooperation in advising applicants with proposed
project within the aquifer or watershed areas of this notification requirement. I would
also appreciate it if you would require the applicant to send us a copy of the site plans and
complete the notification form (enclosed) for our review and comments for any proposed
projects located within our aquifer or watershed areas.

Please be advised pursuant to Section 8-31, an applicant must also provide notification to
the State Department of Public Health (DPH) for projects located with aquifer or
watershed areas. The DPH on line notification form can be found at
www.dir.ct.gov/dph/Water/Web_form.htm.

As part of our on going source protection program, I review town Commission agendas
for proposed projects, zone changes or other issues within our watershed or aquifer areas
that have the potential to impact our sources of supply. Receiving adequate notification
or proposals located within these environmentally sensitive areas provides us with the
opportunity to review plans and submit comments to your Commission to protect our
important sources of supply. I would appreciate receiving your agendas so I can
determine if I am receiving the required notification. I would prefer to receive the
agendas by e mail at cgaudino@ctwater.com, however, if you prefer to mail the agendas
please let me know and I will provide you with postage paid envelopes. If you are
already providing me with copies of your agendas, I thank you for your continued
cooperation.

If you should have any questions, please call. I thank you in advance for your
cooperation in this important matter.

Sincerely,

Cindy F. Gaudino
Manager Source Protection

Application Review

The Application Review will be discussed at the next meeting.

AUDIENCE OF CITIZENS




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None.

ADJOURNMENT

Mark Borton made a motion to adjourn the meeting at 7:47 p.m. Tom Englert seconded
the motion. The motion passed unanimously.

Respectfully Submitted,



Suzanne Helchowski




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