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Planning & Zoning Public Hearing Agenda
- Date: 06/07/2012 7:00 PM
- Location: Auditorium
Connecticut
AGENDA
June 7, 2012
Pre application review for 39 Coleytown Road
I PUBLIC HEARING Auditorium
7:00 P.M.
Approval of minutes: 12/1/11
1. Amendment #648: (The following application is continued from 5/31/12 and further continued to 6/14/12. Testimony was taken) Appl. #12-012 by Lawrence P. Weisman for a text amendment to the zoning regulations to add a new definition, '5-2 (Definitions) 'Age Restricted Senior Housing ' Age Restricted Senior Housing shall consist of dwelling units wherein it is legally required that at least one owner/occupant of each unit shall be a 'senior', as that term is required in these Regulations. Provided, however, that multi-level residences which would otherwise meet this definition but are accessible only by interior and/or exterior stairs may provide that at least one owner/occupant shall be fifty-five (55) years of age or older.'
Seated: Walsh, Whittle, Stephens, Corwin, Jinishian, Gratrix, Krawiec
2. 2 & 8 Post Road West: (The following application is continued from 5/31/12. Testimony was taken) Appl. #12-021 by William J. Fitzpatrick, III for property owned by Nathall 28 PR LLC, for a Special Permit & CAM Site Plan approval for building additions and change of use to office and retail use in a HDD zone, PID #C09117000 and PID #C09116000.
Seated: Walsh, Whittle, Stephens, Corwin, Jinishian, Gratrix, Krawiec
3. 6 Wilton Road: (The following application is continued from 5/31/12. Ttestimony was taken) Appl. #12-022 by Kheder Hassoun for property owned by Nathall 6W LLC, for a Special Permit & CAM Site Plan approval for a change of use to restaurant, bar in a HDD zone, PID #C09113000.
Seated: Walsh, Whittle, Stephens, Corwin, Jinishian, Gratrix, Krawiec
4. 12 Wilton Road: (The following application is continued from 5/31/12. Testimony was taken) Appl, #12-023 by Tom Linell for Katlin LLC for property owned by Nathall 1220W LLC, for a Special Permit & CAM Site Plan approval for a change of use to a restaurant, bar in a HDD zone, PID #C09112000.
Seated: Walsh, Whittle, Stephens, Corwin, Jinishian, Gratrix, Krawiec
5. 0 Old Mill Road: 8-24 Request by the First Selectman for a report from the Planning and Zoning Commission regarding a lease of town-owned property located at 0 Old Mill Road, (Old Mill Beach), PID #E04100000, Res B zone adjacent to 233 Hillspoint Road, (Positano's Restaurant), PID #E04107000, Res B zone.
6. Amendment #650: Appl. #12-014 by the Planning and Zoning Commission for a text amendment to the following sections of the Westport Zoning Regulations: Modify '5-2, Change of Use, to exempt from Site Plan requirements any change for a building or use that requires no more than three (3) parking spaces; delete '11-2.1.4, requiring Site Plan approval by the Administrative Review Committee for Mobile Vendors on Private Property and renumber remaining sections; Modify '11-2.4.13 (Pre-10/1/59 Apartments) to substitute Zoning Permit approval, modify '11-2.4.13(a), to eliminate requirement for approval by the Planning and Zoning Commission for affidavits submitted with a Pre-10/1/59 apartment application; modify '11-2.4.13(d) to eliminate authorization by the Planning and Zoning Commission in approval for a different Pre-10/1/59 apartment; eliminate '11-2.4.13(g) to remove requirement for the resolution of approval for a Pre-10/1/59 apartment to be recorded on the Westport Land Records; modify '32-6.1 to substitute Zoning Permit approval for Site Plan approval, for Outdoor Storage and Display; modify '32-6.2 to clarify Planning and Zoning Commission approval will be required for truck trailer storage proposed for more than seven (7) days; modify '32-8 to remove reference to Excavation and Fill applications eligible for Administrative Review Committee approval; eliminate '32-8.6 to remove reference to Excavation and Fill applications eligible for Administrative Review Committee approval; '32-23.1, eliminate references to events involving amusement devices; modify '32-23,2a to substitute requirement for Site Plan approval by the Planning and Zoning Commission, for Outdoor Special Events exceeding 10 days on commercially zoned property; modify '32-23,2b to substitute requirement for Site Plan approval by the Planning and Zoning Commission for Outdoor Special Events exceeding 2 days on residentially zoned property; '32-23,2c to substitute requirement for Site Plan approval by the Planning and Zoning Commission for Outdoor Special Events exceeding 7 days on residentially zoned property on residentially zoned property occupied by a Special Permit use; modify '32-23,5b to substitute requirement for Site Plan approval by the Planning and Zoning Commission for Outdoor Special Events extending beyond 10:00pm until 1:00am on Fridays and Saturdays on residentially zoned property, modify '32-23,5c to substitute requirement for Site Plan approval by the Planning and Zoning Commission for Outdoor Special Events extending beyond 10:00pm until 1:00am on Fridays and Saturdays on residentially zoned property; modify '32-23.9 to substitute Planning and Zoning Commission authorization for waiver of a public hearing for repeat or annual events; modify '43-5.2 to provide a consolidated list of activities requiring Site Plan approval and a public hearing as referenced in other sections of the Westport Zoning Regulations; add language to '43-5.2 authorizing the Planning and Zoning Director to waive Site Plan review for small-scale projects; eliminate '43-14 to remove reference to the Administrative Review Committee, and list of applications eligible for Administrative Review Committee review; modify '46-3.1 to remove reference to the Administrative Review Committee in the list of boards whose decisions may not be appealed to the Zoning Board Of Appeals. Applicant's presentation time: 10 minutes
7. Amendment #647: (The following application is continued from 4/26/12 and 5/3/12. Testimony was taken) Appl. #12-011 by the Planning and Zoning Commission for a text amendment to the zoning regulations to modify '4-2 (Map Established), to add references in description of Zoning Map, '31-10 (Coastal Area Regulations), to modify requirements to be consistent with the Connecticut General Statutes, '31-11.3 (Flood Protection Requirements), to clarify role of Floodplain Coordinator, '43-11 (Time Period and Expiration), to modify timeframes for approvals to be consistent with the Connecticut General Statutes, '44-1 (Documents), '45-3.3 (Building Plan), '52-4 (Applications), to modify list of submission materials for Site Plan, Zoning Permit and Subdivision applications, '45-3 (Zoning Permits), to codify in the Zoning Regulations that a Zoning Permit be obtained prior to occupancy of a commercial building, '45-3.2.3 (Plot Plan), to require a vicinity map on plans used to obtain a Zoning Permit.
Seated: Walsh, Whittle, Stephens, Gratrix, Corwin, Lathrop, Jinishian
I 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) 2 Manitou Court: Appl. #12 -016 by Barr Associates, LLC for property owned by Schmiedeck Construction, LLC for a CAM Site Plan approval for additions to existing dwelling in a Res AAA zone, PID #C05040000.
Seated: Walsh, Whittle, Stephens, Gratrix, Lathrop, Corwin, Jinishian
b) 8 Salem Road: Appl. #12-018 by Timothy R. Tanksley for property owned by Timothy R. Tanksley and Frances F. Mi for a Special Permit for excavation and fill in a Res AA zone, PID #F10017000.
Seated: Walsh, Whittle, Stephens, Gratrix, Lathrop, Corwin, Jinishian
c) Amendment #649: Appl. #12-013 by Kenneth Bernhard c/o Cohen and Wolf, P.C. for a text amendment to the zoning regulations to modify '32-20 (Special Requirements for Outdoor Eating Areas) subsection 5 (Setback and Coverage Requirements), to add the word 'not' and add the words 'if storm water runoff from said tent, canopy or fixed awning is addressed in a storm water drainage plan, approved by the Town Engineer.'
Seated: Walsh, Whittle, Stephens, Lathrop, Corwin, Jinishian
d) 207 Hillspoint Road: Appl. #12-019 by Barr Associates, LLC for property owned by Hideko Kamino and Howard Ratech for a CAM Site Plan approval for a new single family dwelling in a Res B zone, PID #E05101000.
Seated: Walsh, Whittle, Stephens, Gratrix, Corwin, Jinishian, Krawiec
e) 10 Stony Brook Road: Appl. #12-006 by Coastal Construction Group for property owned by Donald Lawman for a Special Permit and Site Plan approval for excavation and fill in a Res AA zone, PID #B10033000.
Seated: Walsh, Whittle, Stephens, Gratrix, Lathrop, Corwin, Jinishian
2. Other Items
a) Discussion of second round of P&Z staff amendments
b) 101-107 Post Road East, Planning and Zoning Resolution #11-015, request for modification
c) 1700 Post Road East, Planning and Zoning Resolution #10-047, request for bond release
Annual Meeting Continued
1. Administrative Review Committee appointment
2. Update on Planning and Zoning Issues
3. Planning and Zoning Goals and Objectives
4. Other
#2307
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June 7, 2012
Pre application review for 39 Coleytown Road
I PUBLIC HEARING Auditorium
7:00 P.M.
Approval of minutes: 12/1/11
1. Amendment #648: (The following application is continued from 5/31/12 and further continued to 6/14/12. Testimony was taken) Appl. #12-012 by Lawrence P. Weisman for a text amendment to the zoning regulations to add a new definition, '5-2 (Definitions) 'Age Restricted Senior Housing ' Age Restricted Senior Housing shall consist of dwelling units wherein it is legally required that at least one owner/occupant of each unit shall be a 'senior', as that term is required in these Regulations. Provided, however, that multi-level residences which would otherwise meet this definition but are accessible only by interior and/or exterior stairs may provide that at least one owner/occupant shall be fifty-five (55) years of age or older.'
Seated: Walsh, Whittle, Stephens, Corwin, Jinishian, Gratrix, Krawiec
2. 2 & 8 Post Road West: (The following application is continued from 5/31/12. Testimony was taken) Appl. #12-021 by William J. Fitzpatrick, III for property owned by Nathall 28 PR LLC, for a Special Permit & CAM Site Plan approval for building additions and change of use to office and retail use in a HDD zone, PID #C09117000 and PID #C09116000.
Seated: Walsh, Whittle, Stephens, Corwin, Jinishian, Gratrix, Krawiec
3. 6 Wilton Road: (The following application is continued from 5/31/12. Ttestimony was taken) Appl. #12-022 by Kheder Hassoun for property owned by Nathall 6W LLC, for a Special Permit & CAM Site Plan approval for a change of use to restaurant, bar in a HDD zone, PID #C09113000.
Seated: Walsh, Whittle, Stephens, Corwin, Jinishian, Gratrix, Krawiec
4. 12 Wilton Road: (The following application is continued from 5/31/12. Testimony was taken) Appl, #12-023 by Tom Linell for Katlin LLC for property owned by Nathall 1220W LLC, for a Special Permit & CAM Site Plan approval for a change of use to a restaurant, bar in a HDD zone, PID #C09112000.
Seated: Walsh, Whittle, Stephens, Corwin, Jinishian, Gratrix, Krawiec
5. 0 Old Mill Road: 8-24 Request by the First Selectman for a report from the Planning and Zoning Commission regarding a lease of town-owned property located at 0 Old Mill Road, (Old Mill Beach), PID #E04100000, Res B zone adjacent to 233 Hillspoint Road, (Positano's Restaurant), PID #E04107000, Res B zone.
6. Amendment #650: Appl. #12-014 by the Planning and Zoning Commission for a text amendment to the following sections of the Westport Zoning Regulations: Modify '5-2, Change of Use, to exempt from Site Plan requirements any change for a building or use that requires no more than three (3) parking spaces; delete '11-2.1.4, requiring Site Plan approval by the Administrative Review Committee for Mobile Vendors on Private Property and renumber remaining sections; Modify '11-2.4.13 (Pre-10/1/59 Apartments) to substitute Zoning Permit approval, modify '11-2.4.13(a), to eliminate requirement for approval by the Planning and Zoning Commission for affidavits submitted with a Pre-10/1/59 apartment application; modify '11-2.4.13(d) to eliminate authorization by the Planning and Zoning Commission in approval for a different Pre-10/1/59 apartment; eliminate '11-2.4.13(g) to remove requirement for the resolution of approval for a Pre-10/1/59 apartment to be recorded on the Westport Land Records; modify '32-6.1 to substitute Zoning Permit approval for Site Plan approval, for Outdoor Storage and Display; modify '32-6.2 to clarify Planning and Zoning Commission approval will be required for truck trailer storage proposed for more than seven (7) days; modify '32-8 to remove reference to Excavation and Fill applications eligible for Administrative Review Committee approval; eliminate '32-8.6 to remove reference to Excavation and Fill applications eligible for Administrative Review Committee approval; '32-23.1, eliminate references to events involving amusement devices; modify '32-23,2a to substitute requirement for Site Plan approval by the Planning and Zoning Commission, for Outdoor Special Events exceeding 10 days on commercially zoned property; modify '32-23,2b to substitute requirement for Site Plan approval by the Planning and Zoning Commission for Outdoor Special Events exceeding 2 days on residentially zoned property; '32-23,2c to substitute requirement for Site Plan approval by the Planning and Zoning Commission for Outdoor Special Events exceeding 7 days on residentially zoned property on residentially zoned property occupied by a Special Permit use; modify '32-23,5b to substitute requirement for Site Plan approval by the Planning and Zoning Commission for Outdoor Special Events extending beyond 10:00pm until 1:00am on Fridays and Saturdays on residentially zoned property, modify '32-23,5c to substitute requirement for Site Plan approval by the Planning and Zoning Commission for Outdoor Special Events extending beyond 10:00pm until 1:00am on Fridays and Saturdays on residentially zoned property; modify '32-23.9 to substitute Planning and Zoning Commission authorization for waiver of a public hearing for repeat or annual events; modify '43-5.2 to provide a consolidated list of activities requiring Site Plan approval and a public hearing as referenced in other sections of the Westport Zoning Regulations; add language to '43-5.2 authorizing the Planning and Zoning Director to waive Site Plan review for small-scale projects; eliminate '43-14 to remove reference to the Administrative Review Committee, and list of applications eligible for Administrative Review Committee review; modify '46-3.1 to remove reference to the Administrative Review Committee in the list of boards whose decisions may not be appealed to the Zoning Board Of Appeals. Applicant's presentation time: 10 minutes
7. Amendment #647: (The following application is continued from 4/26/12 and 5/3/12. Testimony was taken) Appl. #12-011 by the Planning and Zoning Commission for a text amendment to the zoning regulations to modify '4-2 (Map Established), to add references in description of Zoning Map, '31-10 (Coastal Area Regulations), to modify requirements to be consistent with the Connecticut General Statutes, '31-11.3 (Flood Protection Requirements), to clarify role of Floodplain Coordinator, '43-11 (Time Period and Expiration), to modify timeframes for approvals to be consistent with the Connecticut General Statutes, '44-1 (Documents), '45-3.3 (Building Plan), '52-4 (Applications), to modify list of submission materials for Site Plan, Zoning Permit and Subdivision applications, '45-3 (Zoning Permits), to codify in the Zoning Regulations that a Zoning Permit be obtained prior to occupancy of a commercial building, '45-3.2.3 (Plot Plan), to require a vicinity map on plans used to obtain a Zoning Permit.
Seated: Walsh, Whittle, Stephens, Gratrix, Corwin, Lathrop, Jinishian
I 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) 2 Manitou Court: Appl. #12 -016 by Barr Associates, LLC for property owned by Schmiedeck Construction, LLC for a CAM Site Plan approval for additions to existing dwelling in a Res AAA zone, PID #C05040000.
Seated: Walsh, Whittle, Stephens, Gratrix, Lathrop, Corwin, Jinishian
b) 8 Salem Road: Appl. #12-018 by Timothy R. Tanksley for property owned by Timothy R. Tanksley and Frances F. Mi for a Special Permit for excavation and fill in a Res AA zone, PID #F10017000.
Seated: Walsh, Whittle, Stephens, Gratrix, Lathrop, Corwin, Jinishian
c) Amendment #649: Appl. #12-013 by Kenneth Bernhard c/o Cohen and Wolf, P.C. for a text amendment to the zoning regulations to modify '32-20 (Special Requirements for Outdoor Eating Areas) subsection 5 (Setback and Coverage Requirements), to add the word 'not' and add the words 'if storm water runoff from said tent, canopy or fixed awning is addressed in a storm water drainage plan, approved by the Town Engineer.'
Seated: Walsh, Whittle, Stephens, Lathrop, Corwin, Jinishian
d) 207 Hillspoint Road: Appl. #12-019 by Barr Associates, LLC for property owned by Hideko Kamino and Howard Ratech for a CAM Site Plan approval for a new single family dwelling in a Res B zone, PID #E05101000.
Seated: Walsh, Whittle, Stephens, Gratrix, Corwin, Jinishian, Krawiec
e) 10 Stony Brook Road: Appl. #12-006 by Coastal Construction Group for property owned by Donald Lawman for a Special Permit and Site Plan approval for excavation and fill in a Res AA zone, PID #B10033000.
Seated: Walsh, Whittle, Stephens, Gratrix, Lathrop, Corwin, Jinishian
2. Other Items
a) Discussion of second round of P&Z staff amendments
b) 101-107 Post Road East, Planning and Zoning Resolution #11-015, request for modification
c) 1700 Post Road East, Planning and Zoning Resolution #10-047, request for bond release
Annual Meeting Continued
1. Administrative Review Committee appointment
2. Update on Planning and Zoning Issues
3. Planning and Zoning Goals and Objectives
4. Other
#2307