I PUBLIC HEARING

Approval of minutes:

(At this time interested persons may be heard after being recognized by the chairman.

Written communications may be received for all applications until the public hearing is closed. Applications and plans may be seen and examined in the Planning and Zoning Office, Room 203, Town Hall, 110 Myrtle Avenue, Monday, Wednesday and Friday, 8:30 am to 3:00 pm Tuesday and Thursday 8:30 am to 4:30 pm.)

The Commission will not start a public hearing on any applications after 10:00 p.m. The Commission will adjourn no later than 11:00 p.m.

1. Amendment #622: (The following application is continued from 2/3/11. No testimony was taken) Appl. #10-054 by Barr Associates for a map amendment to the 2007 Town Plan of Conservation and Development for a change of land use for 0 Cottage Lane, PID #H09107000, and 0 Cottage Lane, PID #H09018000, from Moderate Residential Density to General Business/Business Center. Applicant’s presentation time: 20 minutes
2. Amendment #623: (The following application is continued from 2/3/11. No testimony was taken) Appl. #10-055 by Barr Associates for a map amendment to the Westport Zoning Map to rezone the properties at 0 Cottage Lane, PID #H09017000 and 0 Cottage Lane, PID #H09018000 from Residential A to General Business District. Applicant’s presentation time: 20 minutes
3. Amendment #628: Appl. #11-006 the Planning and Zoning Commission for a text amendment to the Westport Zoning Regulations to modify §5 (Definitions), §5-2 (Change of Use) to delete from the change of use definition a change in manner in which patrons are seated or in which alcoholic beverages are sold, §5-2 (Outdoor Eating Area), references to Fast Food Restaurants will be deleted and annual renewals will be required each year as of May 1^st. Also allows Cafes and Taverns to have Outdoor Eating Areas, §5-2 (Food Establishment Retail), to modify to indicate alcoholic beverages may be sold only for off premise consumption and retail food establishments may have no more than 10 patron seats; §5-2 (Restaurant), to modify Restaurant definition so that the Fast Food Restaurant can be deleted. This change will also distinguish a Restaurant from a Retail Food Establishment based on more than 10 indoor seats, §5-2 (Restaurant, Fast Food), to delete the Restaurant, Fast Food definition; §22 (RORD Zone), §22-2.2.5, to delete Fast Food Restaurant, §22-2.3.3, to delete Fast Food Restaurant and give Cafes and Taverns the same Outdoor Eating Area privileges as Restaurants and Retail Food Establishments; §23 (RBD Zone), §23-2.1.4, to delete Fast Food Restaurant, §23-2.3.3, to delete Fast Food Restaurant and give Cafes and Taverns the same Outdoor Eating Area privileges as Restaurants and Retail Food Establishments; §24 (GBD Zone), §24-2.1.2, to delete Fast Food Restaurant, §24-2.3.5, to delete Fast Food Restaurant and give Cafes and Taverns the same Outdoor Eating Area privileges as Restaurants and Retail Food Establishments; §24A (GBD/S Zone), §24A-2.1.2 to delete Fast Food Restaurant; §25 (HSD Zone), §25-2.1.2, to delete Fast Food Restaurant, §25-2.3.5, to delete Fast Food Restaurant and give Cafes and Taverns the same Outdoor Eating Area privileges as Restaurants and Retail Food Establishments; §28 (BPD Zone), §28-2.1.2 to delete Fast Food Restaurant, §28-2.3.4 to delete Fast Food Restaurant and give Cafes and Taverns the same Outdoor Eating Area privileges as Restaurants and Retail Food Establishments; §29 (BCD Zone), §29-2.1.2 to delete Fast Food Restaurant, §29-2.3.5 to delete Fast Food Restaurant and give Cafes and Taverns the same Outdoor Eating Area privileges as Restaurants and Retail Food Establishments; §29A (BCD/H Zone), §29A-2.1.2 to delete Fast Food Restaurant, §29A-2.3.5 to delete Fast Food Restaurant and give Cafes and Taverns the same Outdoor Eating Area privileges as Restaurants and Retail Food Establishments; §30 (HDD Zone), §30-2.2, to delete Fast Food Restaurant, §30-2.4.4 to delete Fast Food Restaurant and give Cafes and Taverns the same Outdoor Eating Area privileges as Restaurants and Retail Food Establishments; §31-9 (Liquor Establishments), §31-9.2 to modify the requirement for the Police to sign an application for Connecticut Liquor Control commission as these forms no longer require the Police Chief’s signature, §32-20 (Outdoor Eating Areas), §32-20 provides clarifying language that specifies that outdoor Eating Areas are permitted in non residential zones except RPOD, DDD and CPD; Design/Use of Area deletes the term temporary fabric roof structures and substitutes tents, canopies, and awnings, deletes the prohibition regarding outdoor music and eliminates ARC approval for 2AM closing in favor of P&Z Commission approval; Size/Parking Requirements eliminates Fast Food references and greatly simplifies how parking requirements are calculated. Also gives specific guidance on how to measure the area of an Outdoor Eating Area; Seasonal Use simplifies how seasonal use is determined; Setback & Coverage Requirements simplifies how setbacks are to be regulated and specifies that Outdoor Eating Areas cannot be within 30 feet of a residential zone unless separated by a street or a water body. Requires that any tents, canopies or fixed awnings be counted in building coverage; Landscaping section is merged with Setbacks & Coverage requirements. It specifies that only landscaping that was installed as part of an approved Site Plan cannot be removed; §34-5 to add Retail Food Establishments to the list of uses such as retail that require 1 parking space for every 180 square feet of gross floor area, §43-14.2 (Eligible Applications for ARC) to change the words façade change and changes to Alterations. Outdoor Eating areas are eliminated from the list of approved ARC applications. Applicant’s presentation time: 15 minutes

II WORK SESSION

(The following items will be discussed and voted on as time permits. The public may observe the work session but not participate.)

1. Old Business

a) 270 Hillspoint Road: Appl. #11-002 by Barr Associates, LLC for property owned by Surfside Partners, LLC for a CAM Site Plan approval for a new single family dwelling in a Res AA zone, PID# E03007000.

Seated: Corwin, Lowenstein, Press, Lathrop, Krawiec, Walsh, Jinishian

b) 1849 Post Road East: Appl. #11-003 by Lawrence Weisman for property owned by K414 East 120^th St. Associates & Somerset for a CAM Site Plan approval a new restaurant in a BPD/Res A zone, PID #109118000.

Seated: Corwin, Lowenstein, Press, Lathrop, Krawiec, Walsh, Gratrix

c) Amendment #627: Appl. #11-005 by Frank N. Zullo, Esq. for a text amendment to the Westport Zoning Regulations to modify §5 (Definitions), §5-2 (coverage, building) to add swimming pools, §5-2 (swimming pools), to add and its surface area as measured from the inside face of the exterior walls shall be used in computing total coverage. A swimming pool having a supported roof shall be deemed a building, §11-2.4 (Permitted Accessory Buildings, Structures & Uses), to modify §11-2.4.2 to add the surface area of a swimming pool as measured from the inside face of the exterior walls shall be used in computing total coverage.

Seated: Corwin, Lowenstein, Press, Lathrop, Krawiec, Walsh, Gratrix

d) 6 Promised Road: Appl. #10-060 by Barr Associates, LLC for property owned by Robert Jackson for a CAM Site Plan approval for a new single family dwelling in a Res A zone, PID #B02101000.

Seated: Corwin, Lowenstein, Press, Lathrop, Walsh, Gratrix

e) Amendment #625: Appl. # 11-001 by the First Selectman for a text amendment to the Westport Zoning Regulations to modify §5, Definitions, to amend Affordable Housing; to modify §5, Definitions, to add Assisted Living Facility; to modify §5, Definitions, to add Full Care Living Facility; to modify §5, Definitions, to add Independent Living Facility; to modify §5-2, Definitions, to replace the term “Elderly” with “Senior;” to modify §5, Definitions, to add Senior Center; to modify §5, Definitions, to amend Managed Senior Residential Community; to modify §5, Definitions, to remove Private Residential Units, to modify §11-2.3.1, to replace the term “Elderly” with “Senior;” to modify §11-2.3.5, to replace the term “Elderly” with “Senior;” to modify §11-2.3.10, Managed Residential Communities, to amend the section heading to Senior Residential Community; to modify §11-2.4, Permitted Accessory Buildings, Structures, and Uses, to replace the term “Elderly” with “Senior;” to modify §19A-16, Affordable Plan, to replace the term “Elderly” with “Senior;” and to delete the establishment of a priority system for affordable and workforce housing units; to modify §20-4, Density, to replace the term “Elderly” with “Senior;” to modify §32-2, Elderly Housing-Municipal, to replace the term “Elderly” with “Senior;” to modify §32-2.1, Purpose, to replace the term “Elderly” with “Senior;” to modify §32-2.2, Permitted Uses, to replace the term “Elderly” with “Senior;” to modify §32-8.2, Excessive Fill Regulations to add new section §32-8.2.1(d); to modify §32-11, to replace the term “Elderly” with “Senior;” to modify §32-11.2, Occupancy, to replace the term “Elderly” with “Senior;” to modify §32-11.5, CAP, to replace the term “Elderly” with “Senior;” to modify §32-15, Managed Residential Community, to modify the section heading to read “Senior Residential Community;” to modify §32-15.1, Purpose; to modify §32-15.2, Permitted Uses; to modify §32-15.3, Accessory Uses; to modify §32-15.4, Location; to modify §32-15.5, Lot Area, Shape and Frontage; to modify §32-15.6, Affordable Units; to modify §32-15.7, Density; to modify §32-15.8, Setbacks, to modify §32-15.9, Height; to modify §32-15.10, FAR; to modify §32-15.11, Coverage; to modify §32-15.12, Unit Sizes; to modify §32-15.13, Open Space; to modify §32-15.15, Parking and Loading; to modify §32-15.17, Architectural Design; to add §32-15.19, Subdivision; to modify §34-5, Parking Requirements Table. §32-15, Senior Residential Community, is applicable only to Town-owned properties, that meet the standards listed in §32-15.5, Lot Area, Shape and Frontage.

Seated: Corwin, Lowenstein, Press, Lathrop, Krawiec, Walsh, Jinishian

Other Items

a) Discussion about proposed text amendment regarding building area and projections into setbacks

b) Discussion about proposed text amendment regarding definition of kitchen

c) Discussion about proposed text amendment regarding pre 1959 apartment regulations

d) Discussion about proposed text amendment regarding accessory apartment regulations

e) Review Planning and Zoning staff proposed text amendments chart

f) 161 Greens Farms Road, Planning and Zoning Resolution #88-107, request for modification

New Business