Westport, CT
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Planning & Zoning Commission - Agenda
- Date: 07/14/2011 6:30 PM
July 14, 2011
I WORK SESSION 6:30 P.M.
Auditorium
• Pre application review for 35 Church Lane aka 44 Elm Street
• Pre application review for 1135 Post Road East
II PUBLIC HEARING 7:00 P.M.
(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 #626: (The following application is continued from 7/7/11. Testimony was taken) 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.
Seated: Corwin, Lowenstein, Lathrop, Walsh, Krawiec
2. 34 Harbor Road: (The following application is continued from 7/7/11, Testimony was taken) Appl. #11-028 by Ochman Associates, Inc. for property owned by Piekarski investments, LLC for a CAM Site Plan approval for a new single family dwelling in a Res A zone, PID # B02129000.
Seated: Corwin, Lowenstein, Lathrop, Walsh, Krawiec
3. 90 Hillspoint Road: (The following application is continued from 7/7/11, No testimony was taken) Appl. #11-027 by Joseph Schott for property owned by the Town of Westport for a Special Permit & Site Plan approval for an addition to the building under existing canopy and reconfiguring interior space in a Res AA zone, PID #E07007000.
4. Amendment #635: Appl. #11-029 by the Planning and Zoning Commission for an amendment to the Westport Zoning Regulations to modify §31-9.2, Liquor Establishments, to delete the requirement that the Planning and Zoning Commission approve liquor establishments by Special Permit; §31-9.3, Liquor Establishments, to delete this section; §32-6.2, (Outdoor Storage and Display), to delete the words a Temporary Zoning Permit is and to change reference to §43-15 to §43-14. Applicant’s presentation time: 10 minutes
5. Amendment #636: Appl. #11-031 by the Planning and Zoning Commission for an amendment to the Westport Zoning Regulations to modify §34-11.12, Reserved Future Spaces, to expand the authority of the Planning and Zoning Commission to designate as Reserved Future Spaces up to fifty-percent (50%), instead of twenty-five (25%), of the required parking pursuant to §34-5, including standard car spaces, small car spaces, and/or loading spaces. Such Reserved Future Spaces shall be landscaped for the present and shall not be constructed until deemed necessary in the future by the Planning and Zoning Commission, based upon a change in parking demand, a Change of Use or a change in traffic safety circumstances. Applicant’s presentation time: 10 minutes
III 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) Amendment #630: Appl. #11-020 by Westport Housing Authority c/o Redniss & Mead for a text amendment to the Westport Zoning Regulations to modify §5 (Definitions), to amend the definition that MHRUs can be developed on MHPD sites; §16-1 (Purpose), to add the words “and enhance”; §16-2.1 (Special Permit Uses), to amend §16-2.1.2, to indicate that density may be increased to 20 units or 40 bedrooms per gross acre on sites where not less than 65% of the total units are affordable to families earning not more than 80% of the State Median Income and not less than an additional 15% of the total units are affordable to families earning not more than 60% of the State Median Income; §16-2.1.3, to modify open space requirement for MHRUs of 150 square feet per unit; §16-2.2.2, to amend accessory structures; §16-4.1, to remove the requirement for setbacks from lot lines that are interior to the Special Permit site; §16-5 (Height), to modify building height for MHRUs from 2 habitable stories and one non-habitable story and 25 feet to 3 stories and 35 feet and remove the word “habitable” and to add that 50% of the units adjacent to single family residential zones must be 2.5 stories and 25 feet; §16-6, (Coverage), to modify the measurement of total coverage to be based upon the total area of each mobile home lot, to increase building coverage to 30% and total coverage to 60%; §16-8.2, to modify to increase the maximum size for an individual unit from 1200 to 1350 square feet and the average unit size from 1100 to 1200 square feet; §16-11.4, to add tandem parking may be considered subject to the discretion of the Planning & Zoning Commission; §16-11.7, to add for MHRU developments, the minimum back-up distances for perpendicular spaces, as depicted in §34 of the these Regulations, may be reduced to 24 feet.
Seated: Corwin, Lowenstein, Press, Lathrop, Walsh Krawiec, Jinishian
2. Other Items
a) 25 Kings Highway South , Planning and Zoning Resolution #08-077, request for release of bond
b) 25 Maple Avenue North, request for extension of time to file the subdivision map
c) 535, 541, 565 Post Road East, request for interpretation
3. New Business
#2282
I WORK SESSION 6:30 P.M.
Auditorium
• Pre application review for 35 Church Lane aka 44 Elm Street
• Pre application review for 1135 Post Road East
II PUBLIC HEARING 7:00 P.M.
(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 #626: (The following application is continued from 7/7/11. Testimony was taken) 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.
Seated: Corwin, Lowenstein, Lathrop, Walsh, Krawiec
2. 34 Harbor Road: (The following application is continued from 7/7/11, Testimony was taken) Appl. #11-028 by Ochman Associates, Inc. for property owned by Piekarski investments, LLC for a CAM Site Plan approval for a new single family dwelling in a Res A zone, PID # B02129000.
Seated: Corwin, Lowenstein, Lathrop, Walsh, Krawiec
3. 90 Hillspoint Road: (The following application is continued from 7/7/11, No testimony was taken) Appl. #11-027 by Joseph Schott for property owned by the Town of Westport for a Special Permit & Site Plan approval for an addition to the building under existing canopy and reconfiguring interior space in a Res AA zone, PID #E07007000.
4. Amendment #635: Appl. #11-029 by the Planning and Zoning Commission for an amendment to the Westport Zoning Regulations to modify §31-9.2, Liquor Establishments, to delete the requirement that the Planning and Zoning Commission approve liquor establishments by Special Permit; §31-9.3, Liquor Establishments, to delete this section; §32-6.2, (Outdoor Storage and Display), to delete the words a Temporary Zoning Permit is and to change reference to §43-15 to §43-14. Applicant’s presentation time: 10 minutes
5. Amendment #636: Appl. #11-031 by the Planning and Zoning Commission for an amendment to the Westport Zoning Regulations to modify §34-11.12, Reserved Future Spaces, to expand the authority of the Planning and Zoning Commission to designate as Reserved Future Spaces up to fifty-percent (50%), instead of twenty-five (25%), of the required parking pursuant to §34-5, including standard car spaces, small car spaces, and/or loading spaces. Such Reserved Future Spaces shall be landscaped for the present and shall not be constructed until deemed necessary in the future by the Planning and Zoning Commission, based upon a change in parking demand, a Change of Use or a change in traffic safety circumstances. Applicant’s presentation time: 10 minutes
III 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) Amendment #630: Appl. #11-020 by Westport Housing Authority c/o Redniss & Mead for a text amendment to the Westport Zoning Regulations to modify §5 (Definitions), to amend the definition that MHRUs can be developed on MHPD sites; §16-1 (Purpose), to add the words “and enhance”; §16-2.1 (Special Permit Uses), to amend §16-2.1.2, to indicate that density may be increased to 20 units or 40 bedrooms per gross acre on sites where not less than 65% of the total units are affordable to families earning not more than 80% of the State Median Income and not less than an additional 15% of the total units are affordable to families earning not more than 60% of the State Median Income; §16-2.1.3, to modify open space requirement for MHRUs of 150 square feet per unit; §16-2.2.2, to amend accessory structures; §16-4.1, to remove the requirement for setbacks from lot lines that are interior to the Special Permit site; §16-5 (Height), to modify building height for MHRUs from 2 habitable stories and one non-habitable story and 25 feet to 3 stories and 35 feet and remove the word “habitable” and to add that 50% of the units adjacent to single family residential zones must be 2.5 stories and 25 feet; §16-6, (Coverage), to modify the measurement of total coverage to be based upon the total area of each mobile home lot, to increase building coverage to 30% and total coverage to 60%; §16-8.2, to modify to increase the maximum size for an individual unit from 1200 to 1350 square feet and the average unit size from 1100 to 1200 square feet; §16-11.4, to add tandem parking may be considered subject to the discretion of the Planning & Zoning Commission; §16-11.7, to add for MHRU developments, the minimum back-up distances for perpendicular spaces, as depicted in §34 of the these Regulations, may be reduced to 24 feet.
Seated: Corwin, Lowenstein, Press, Lathrop, Walsh Krawiec, Jinishian
2. Other Items
a) 25 Kings Highway South , Planning and Zoning Resolution #08-077, request for release of bond
b) 25 Maple Avenue North, request for extension of time to file the subdivision map
c) 535, 541, 565 Post Road East, request for interpretation
3. New Business
#2282
Minutes:Minutes; July 14, 2011 
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