The Public Hearing of the Planning and Zoning Commission on the items below will be continued on June 16, 2011, at 7:00 P.M., Town Hall, 110 Myrtle Avenue.
1. 11 Bayberry Ridge Road: Appl. #11-018 by Brian Cossari, Hoffman Landscapes, for property owned by Cenci Diane and John N. Hillhouse for a Special Permit & Site Plan approval for excavation & fill in a Res AAA zone, PID # F18003000.
2. Amendment #626: Appl. #11-004 by the Planning and Zoning Commission for an amendment to the Westport Zoning Regulations to modify §32-8, Excavation and Filling of Land to clarify that items that are not exempt are subject to Site Plan and/or Special Permit approval and that all exempt and non-exempt activities must conform to the standards listed in §32-8.3; §32-8.1, Exemptions To add that even exempt activities are subject to the standards in §32-8.3; §32-8.1.1, to modify to limit exemptions to within 15 feet from any building or structure only for work approved as part of a zoning permit; §32-8.1.2, to modify to include Site Plan & Special Permit applications in the list of exemptions; §32-8.1.3, to delete the word ‘fence’ and to modify to limit exemptions to within 15 feet from the work that is subject of the zoning permit; §32-8.1.4, to modify to include changes in groundwater patterns as an activity that is not exempt. Also, modified to recognize additional enforcement mechanisms are now available, §32-8.1.5; to add a section that allows the Planning & Zoning Director to grant exemptions from the 15 foot limitation in §32-8.1.1 and §32-8.1.3, when the need to exceed this standard is minor in nature; §32-8.2, Excessive Fill Regulations, to add Excavation; §32-8.2.1 (a), to modify to include both excavation and fill. The lot area restriction is changed from 8,000 SF to 10,000 SF and the maximum excavation or fill amount is to be reduced by 50%. This section covers residential zoning districts; §32-8.2.1 (b), to modify to include both excavation and fill. The lot area restriction is changed from 8,000 SF to 10,000 SF and the maximum excavation or fill amount is to be reduced by 50%. This section covers non-residential districts; §32-8.2.1 (c), to modify to include both excavation and fill. The lot area restriction is changed from 8,000 SF to 10,000 SF and the maximum excavation or fill amount is capped at 500 cubic yards for smaller lots. This section covers both residential and non-residential districts; §32-8.2.2, to modify to include both excavation and fill. This formula reduces all allowable excavation or fill by 50%; §32-8.2.3, to modify to include both excavation and fill in the height calculations; §32-8.2.6, to modify to include both excavation and fill in the total maximum excavation and fill calculations and requires the use of total excavation not net change; §32-8.2.7, to modify to recognize the Town’s new GIS system and the change to the new NAVD 88 datum; §32-8, Standards; §32-8.3.2 to modify to reduce the allowable man made earth slopes from 20 degrees to 14 degrees (from 2.75 horizontal to 1.0 vertical slope) changed to (4.0 horizontal to 1.0 vertical slope) within 25 feet of the property line and a new added requirement that these slopes are not permitted within any required setback which ever is less. The slopes over the remaining portions of the property are reduced from 30 degrees to 20 degrees (from 2 horizontal to 1.0 vertical slope) changed to (2.75 horizontal to 1.0 vertical slope). There can be no grading or slope changes within 5 feet of any property line; §32-8.3.4, to modify to state that processing of earth materials is prohibited except for material that is excavated directly from the site; §32-8.3.5, to delete section about no permanent buildings on-site; §32-8.3.9 to add new section to prohibit the use of fill that contains organic material or petroleum based products; §32-8.3.10, to add new section to require erosion controls be installed pursuant to §37; §32-8.5, Considerations Affecting Approval to delete the word ‘Commission’ and ‘shall be given to protecting’; §32-8.5.1, to modify to eliminate the P&Z Commission as ARC may also be allowed to apply these standards; §32-8.5.1 to modify to eliminate the P&Z Commission as ARC may also be allowed to apply these standards; §32-8.5.4 (f), to modify to eliminate the P&Z Commission as ARC may now also be allowed to require a bond; §32-8.5.4 (g), to add a new section that allows for the hiring of a site monitor to be paid for at the applicant’s expense; §32-8.6, Administrative Excavation/Fill Permit to add the word ‘either’; §32-8.6, to modify to specify that either a disturbance of 5,000 SF or an excavation/fill change of 1,000 cubic yards requires a Special Permit; §32-8.6.4 to modify the requirement for mailing of notices to be consistent with §44-1.2.
