LEGAL NOTICE OF DECISION

Notice is hereby given that at a meeting held on July 21, 2011, the Westport Planning and Zoning Commission took the following action:

The above items were approved/granted/adopted and are on file with the Planning and Zoning Office in Town Hall at 110 Myrtle Avenue.
1. GRANTED: 90 Hillspoint Road, 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.
2. ADOPTED: 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 25 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 25 feet from the work that is subject of the zoning permit and exempt temporary collecting, stockpiling and reuse of topsoil; §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; §32-8.2, 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, fill height shall not exceed a ratio of 0.20 relative to the distance from the property line, excavation or fill of driveways in front and side setbacks shall be exempt from this requirement; §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 modify this section to require an up to date topographic survey that is verified in the field; §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 for use on the same site; §32-8.3.5, to delete section about no permanent buildings on-site; §32-8.3.8 to add new section to prohibit the use of fill that contains organic material or petroleum based products; §32-8.3.9, 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 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 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. Effective date: 9/6/11

3. 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 up to twenty percent (20%) as described in §34-9, and/or loading spaces as defined in §5-2. 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. Effective date: 8/15/11

Dated at Westport, Connecticut this 29th day of July, 2011
Ron Corwin, Chairman, Planning and Zoning Commission

To be inserted in the Westport News
On: July 29 2011
Friday