[HISTORY: Adopted by the Town Meeting of the Town of Old Saybrook 5-1-1986 by Ord. No. 62; amended in its entirety 8-23-2011. Subsequent amendments noted where applicable.]
No seasonal dwelling in the Town of Old Saybrook shall be converted to year-round use and occupancy unless approved by the Board of Selectmen, in accordance with these procedures, standards, and conditions:
The property owner will prepare and file with the Board of Selectmen a petition for approval for conversion of a seasonal dwelling to year-round use and occupancy.
The petition shall be accompanied by a plan, map, or drawing, which is prepared by and certified by a registered land surveyor to the A-2 standard of accuracy as defined in the Regulations of State Agencies adopted pursuant to C.G.S. § 20-00b, or as the same may be amended from time to time, depicting delineation of road rights-of-way, property boundaries, and location of any improvements such as the dwelling, its water supply, and its sewage disposal system. All information shown on the plan, map, or drawing will be based on accurate field survey data referenced to the North American Vertical Datum 1988 (NAVD 1988) and the Connecticut Coordinate Grid System (NAD 83); aerial survey data, based on accurate ground control surveys, may be utilized, provided they are supplemented by field surveys at locations where elevations and dimensions are critical. Additionally, the plan, map, or drawing will contain a statement as to whether or not there is a well or wells located on other properties within 100 feet of the boundaries of the lot and, if so, the name and address of the owner and general location of such wells.
The petitioner must obtain confirmation from the public water service provider that any necessary improvements are made sufficient to supply year-round water if the seasonal dwelling is served, or is to be served, by public water.
The petition will be accompanied by a flood elevation certificate, if the dwelling is within a special flood hazard area.
The Board of Selectmen will find that the following approvals have been obtained:
The sewage disposal system to serve the proposed year-round use and occupancy of the dwelling has the approval, in writing, of the Old Saybrook Director of Health that it is in compliance with the Connecticut Public Health Code and Chapter 173, Sewage Disposal Systems, Article II, Decentralized Wastewater Management District, of the Town Code.
The structure's insulation, electrical system, heating system, and other components have the approval, in writing, of the Old Saybrook Building Official that it is in compliance with the list of minimum standards, entitled "Appendix A," established for year-round dwelling purposes by the Old Saybrook Building Official and approved by the Board of Selectmen, as amended from time to time.
It is the responsibility of the applicant to provide all information and obtain permits as necessary for officials of the Town of Old Saybrook to make a determination that these requirements have been met.
It shall be the responsibility of the Board of Selectmen to file the approved notice to remove property from seasonal classification on the Land Records of Old Saybrook identifying any property converted from seasonal use to year-round use. The notice shall be the petition form identified under § 170-1 above and shall include the following information as a minimum:
If a claim is made that a dwelling is already a year-round dwelling, it shall be the responsibility of the claimant to provide proof of year-round use and occupancy by means of water bills, heating bills, or other such written records, but the final determination of the dwelling's use will remain with officials of the Town of Old Saybrook.
Any such claim shall be reviewed by the Building Official and the Director of Health for their comments on the claim. The matter will then be referred to the Board of Selectmen for final determination as to the year-round status of the property. The Board of Selectmen will give notice to the claimant of the time and place of its consideration of the matter, and at its meeting will give the claimant and any other interested parties the right to present evidence regarding its claim. After reviewing the matter and hearing all evidence with respect to it, the Board of Selectmen will make its decision regarding the property owners' claim.
For the purposes of this chapter, the following terms shall have the meanings indicated:
- SEASONAL DWELLING
- A dwelling unit designed, used or intended to be for seasonal use. "Seasonal use" is defined as the continuous, regular, periodic, or occasional use of a building or structure for dwelling purposes principally and primarily between April 1 and November 15 of each year.
- YEAR-ROUND USE AND OCCUPANCY
- The continuous, regular, or periodic use of a building or structure throughout any given calendar year and which is not a seasonal use.
Nothing in this chapter shall be construed as prohibiting the infrequent or occasional use of a seasonal dwelling outside of the April 1 to November 15 period, nor shall this infrequent or occasional use be evidence of the year-round use and occupancy of the dwelling. For the purposes of this chapter, "infrequent or occasional use" shall mean:
Nothing in this chapter authorizes the occupancy or use of a residence, the use of which would violate or conflict with any rules or regulations established by the Old Saybrook Water Pollution Control Authority for those properties serviced by sewage systems authorized by that Authority.
Any person or persons found to be in violation of any section or provision of this chapter shall be subject to enforcement or penalty actions as provided for by the General Statutes of the State of Connecticut and ordinances of the Town of Old Saybrook.