AGENDA, REVISION #1

PLANNING & ZONING COMMISSION MEETING

THURSDAY, MARCH 11, 2021
START TIME: 6:00 PM

I WORK SESSION

• Approval of Minutes- 2/2/21, 2/11/21- Special Meeting, 2/11/21-Public Hearing
• Bond Release Requests:
  • 16 Quarter Mile Rd (aka 0):#15-033 - $2,258.00, Street Tree Bond

II PUBLIC MEETING
Public participation for Public Meeting items is limited to submitting comments in advance of the meeting (until 12:00pm on the day of the meeting). Comments should be sent to pandz@westportct.gov

1. 124 properties located on Evergreen Ave, Evergreen Pkwy, Tamarac Rd, Lone Pine Ln, Gorham Ave, Compo Rd N, Brookside Dr: §8-24 Municipal Improvement request PZ-21-00069 from the First Selectman submitted on behalf of the Town of Westport Department of Public Works for a report regarding the proposal to extend sanitary sewer service as listed in Contract 75. (Must decide by 3/12/21+ 90-day extension if needed). Applicant’s presentation time: 10 minutes.

III PUBLIC HEARING

1. 50 Compo Mill Cove: (This item was opened on 1/28/21 hearing and continued with no testimony to 3/11/21 hearing, and it will be further continued to 3/25/21) Coastal Site Plan Appl# PZ-20-00851 submitted by Tom Ryder of LANDTECH for property owned by Pasquale Malpeso Jr. for a request to modify Coastal Site Plan approval #16-038 to change approved vegetated slope and to find consistency with the Coastal Area Management Act, located in the Residence A zone, PID# E04091000. (must decide by 3/22/21 with 65-day extension + 90-day extension if needed).
2. Text Amendment #788: Appl. #PZ-21-00103 submitted by the Planning and Zoning Commission to modify Section 32-20A, Continuation of Temporary Outdoor Dining in Response to COVID-19, that if adopted as submitted will extend "Until Further Notice," current flexible zoning standards for Outdoor Activities for restaurants and will include Retail Establishments. A copy of the proposed text amendment is on file in the Westport Town Clerk’s Office, is on file in the Westport Planning and Zoning Office and attached to this notice.
3. 1076 Post Road East: (This item was opened on 2/11/21 hearing and continued with testimony to 3/11/21 hearing) Special Permit/ Site Plan Appl.#PZ-20-00886 submitted by Frederick W. Hoag of FWH Architects for property owned by Post Plaza LLC for façade renovations, parking lot reconfiguration, site work including grading, drainage, landscaping and lighting, and parking relief in the form of applying an “Other” or lower than the retail parking standard, to a portion of the tenant space, and Joint Parking relief to share parking with an on-site restaurant, to accommodate a new retail grocery store tenant in the former Barnes and Noble tenant space, for property located in the Highway Service District, PID#F09050000. (Must close by 3/18/21 + 90-day extension if needed).

    

4. 877 Post Road East: Site Plan Appl.#PZ-20-00874 submitted by William Achilles Jr of Achilles Architects for property owned by 877 PRE LLC to expand upper parking lot and create an emergency access to Long Lots Rd., for property located in the General Business District/ Residence A zone, PID#F09071000 (Must decide by 3/29/21 w/ 65-day extension + 90-day extension if needed). Applicant’s presentation time: 10 minutes

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

New Business:

1. Request for Modification to Res. #20-00570, 260 Riverside Ave., to enable phasing of construction and associated approvals.
2. Discuss a draft text amendment for review at the next public hearing to continue “until further notice,” the temporary zoning regulations adopted for Fitness Businesses pursuant to §32-28, currently scheduled to expire on March 31, 2021.

A copy of the Legal Notice/ Agenda for the Planning & Zoning Commission hearing on March 11, 2021 is available on-line at www.westportct.gov, on the Planning and Zoning Department web page under “Planning & Zoning Department”.   Due to the closing of Town Hall to the public during the COVID-19 emergency, and pursuant to the Governor’s Executive Order #7I, the Legal Notice/ Agenda for the Planning & Zoning Commission hearing on March 11, 2021 cannot be viewed at the Westport Town Clerk’s Office or the Westport Planning and Zoning Office at this time.

It is the policy of the Town of Westport that all Town-sponsored public meetings and events are accessible to people with disabilities.  If you need assistance in participating in a meeting or event due to a disability as defined under the Americans with Disabilities Act, please contact Westport’s ADA Coordinator at 203-341-1043 or eflug@westportct.gov at least three (3) business days prior to the scheduled meeting or event to request an accommodation.

Dated at Westport, Connecticut on this 1^st day of March 2021, Danielle Dobin, Chairman, Planning and Zoning Commission.

Text Amendment #788  

Submitted: 2/22/21

Received: 3/11/21

                                                                           Public Hearing: Scheduled for: 3/11/21

Adopted: ______

Effective date: ______

Deleted language is [struck out and in brackets]; New language is underlined.

FROM §32, SUPPLEMENTARY USE REGULATIONS

§32-20A, CONTINUATION OF TEMPORARY OUTDOOR DINING, AND RETAIL OUTDOOR ACTIVITIES IN RESPONSE TO COVID-19

[Continuation of Temporary Outdoor Dining in Response to COVID-19] Any restaurant operating with an approved temporary outdoor dining permit or retail establishment operating with an Outdoor Activities Approval issued pursuant to CT Governor Lamont’s Executive Order 7MM as of the effective date of this [amendment] regulation or issued after the effective date but before the expiration of this regulation, may continue to operate and use the area approved and as shown in that permit, until [March 31, 2021] further notice, or until Executive Order No. 7MM is repealed to contain the spread of COVID-19. The use shall at all times continue to be used in accordance with all Executive Orders currently in place or as revised in the future. Notwithstanding anything to the contrary contained herein, any and all Outdoor Activities shall be in strict conformance with all federal, state, and local COVID-19 guidelines and requirements.

Such extension shall not be interpreted to create any nonconforming rights. [and] It is further provided that the operation of the Temporary Outdoor [d]Dining or retail Outdoor Activities Approval between [the suspension] any expiration of the State’s declared state of emergency and [March 31, 2021] the expiration of this regulation shall not be deemed to be a waiver of any obligations by any applicant pursuant to [complete and total waiver of nonconforming rights under] any local, state or federal [authority] law.