Zoning Board of Appeals (linked)

37 OSWEGATCHIE ROAD
1 POINT COMFORT LLC
APPLICATION NARRATIVE
Applicant 1 Point Comfort LLC (“Applicant”), as owner of 37 Oswegatchie
Road (“Property”), seeks to redevelop the existing non-conforming lot.with a new
home designed to bring the property into greater compliance with the Waterford
Zoning Regulations and Coastal Area Management (“CAM”) goals. To achieve this
goal, Applicant requires several variances as set forth in the attached zoning chart.
Background:
The Property, approximately 10,571 square feet, is an existing non-
conforming corner lot located in the R-20W Zone. The existing house, constructed in
1935, is located directly along the Niantic River. It predates the 1954 adoption of
the Zoning Regulations as well as the Zoning Commission’s creation in 1939, and is
non-conforming with respect to the Zoning Regulations and coastal management
and FEMA regulations.
As shown in the accompanying plans, Applicant seeks to demolish the
existing home and rebuild on the existing home’s footprint. Unlike the existing
house, the new home will be compliant with modern fire, building and energy codes.
The proposed home is consistent with the scale and nature of the surrounding
residential uses, many of which have béen redeveloped over the years.
Lot Line Adjustment:
To minimize the requested variances and address several non-conformities,
the Applicant proposes a lot line revision to the existing northerly boundary
between the Property and the adjacent property at 35 Oswegatchie Road, which is
owned by an affiliate of the Applicant.! This adjustment will be an even exchange
of land, with both lots continuing to have the same amount of land before and after
the adjustment. As an additional benefit, the adjustment will reduce the non-
conformities on the 35 Oswegatchie property by increasing the lot width by 26 feet
and increasing the side yard setback non-conformity for both the house and garage
on that property.
1 [f the variances are granted, the Applicant will record the lot line revision
simultaneously with the recording of the variance notice.
1

Compliance with CAM Goals:
This development is consistent with CAM policies and the POCD goal of
protecting coastal resources, most notably by avoiding new disturbances to the
coastal bluff and steep slope. The proposal mitigates any adverse impact to coastal
resources and achieves enhancement of the coastal bluff, with additional plantings
proposed surrounding the proposed home. Existing trees within the coastal bluff
will also be maintained, thereby avoiding further disturbance in an area of steep
slopes directly adjacent to the neighboring property at 3 Point Comfort. The
current bulkhead and wood dock will be maintained to minimize further coastal
disturbance.
Requested Variances and Basis for Request:
As currently developed, the Property contains a wide variety of non-
conformities, including lot size, street line setback, both side yard setbacks, and
rear yard setback. It is a long narrow lot with steep slopes extending to the
riverfront. When the Zoning Regulations are applied to the Property in its current
land configuration, 97.1% of the lot is undevelopable — only 307 square feet of
developable land — creating a significant hardship unique to this Property.
The Applicant minimizes the scope of its request by proposing a lot line
revision that facilitates increased setbacks beyond what could be achieved under
the existing lot configuration. The proposed lot line revision also enhances the non-
conforming aspects of the adjacent property at 835 Oswegatchie Road, owned by an
affiliate of the Applicant. The adjusted boundary increases the side yard setbacks
and the lot width, bringing that property into greater conformity with the Zoning
Regulations. As the Board is likely aware, the reduction of non-conformities serves
as an alternate basis for a variance under Connecticut law.
Finally, the development plan takes the Property's location within the
surrounding neighborhood into consideration. By orienting the new house in the
existing location, it maintains reasonable setbacks to the adjacent home and shed at
3 Point Comfort. By utilizing the current driveway and maintaining the garage in
its current location, Applicant avoid further variance requests and the construction
activity associated with relocation of that structure.