LEGAL NOTICE OF DECISION

Notice is hereby given that at a meeting held on May 27, 2021 the Westport Planning and Zoning Commission took the following action:
 

1. ADOPTED AS MODIFIED: Text Amendment #787: Appl. #PZ-21-00099 submitted by Redniss and Mead c/o Richard W. Redniss to amend §25, Highway Service District to modify §25-14.1, Purpose, to modify §25-14.2, Special Permit Uses, to modify §25-14.4, Setbacks and to add §25-14, Adaptive Reuse to Residential Development, permitting Multi-Family Development where "Automobile Uses will not be displaced," with a 20% requirement for on-site affordable housing and a limit of one development. A copy of the text amendment is available on-line at www.westportct.gov, is on file in the Town Clerk’s Office, is on file in the Planning and Zoning Office, and is attached to this notice.
   Effective: 6/09/21
2. GRANTED: 950 Post Road East: Special Permit/ Site Plan Appl. #PZ-21-00100 submitted by Redniss and Mead c/o Richard W. Redniss to convert an existing commercial building to a multi-family housing containing 14 residential units, pursuant to adoption of Text Amendment #787, located in the Highway Service District, PID# F09059000.

Effective: 6/10/21

1. APPROVED: 1076 Post Road East: Site Plan Appl. #PZ-21-00299 submitted by Fredrick W. Hoag, FWH Architect, for property owned by Post Plaza LLC for façade renovations, parking lot modifications, and to occupy former Barnes & Noble and Marshall’s Shoe Store space with a new retail grocery store tenant, for property located in the Highway Service District, PID#F09050000

The above items were granted/approved/denied with modifications, which are on file with the Planning and Zoning Office in Town Hall at 110 Myrtle Avenue and available on-line at www.westportct.gov

A copy of the Legal Notice of Decision is available on-line at www.westportct.gov, on the Planning and Zoning Department “Pending Applications and Recent Approvals” page. 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 of Decision cannot be viewed at the Westport Town Clerk’s Office or the Westport Planning and Zoning Office at this time.

Dated at Westport, Connecticut this 28^th day of May 2021 Danielle Dobin, Chairman, Planning and Zoning Commission.

Text Amendment #787/#PZ-21-00099

Submitted: 2/16/21 

Revised: 3/29/21, 5/17/21

Received: 2/18/21

 Public Hearing: 5/6/21 and 5/27/21

Adopted as modified: 5/27/21

Effective date: 6/9/21

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

§25 HIGHWAY SERVICE DISTRICT (HSD)

25-1  Purpose

The purpose of the Highway Service District is to provide suitable locations for general commercial, automobile and drive-in type establishments which serve the needs of motorists.  These service areas will be limited in number, size and location. 

Residential uses are allowed where automobile related uses are not displaced. 

25-2.2 Special Permit Uses

            25-2.2.6  Multi-Family housing pursuant to the standards in §25-14 below.

25-4 Setbacks

No principal building, structure or use shall extend closer than thirty (30) feet from any front lot line [or Residential District Boundary Line], fifteen (15) feet from any side lot line, and twenty-five (25) feet from any rear lot line or Residential District Boundary Line. No accessory building or structure shall extend closer than thirty (30) feet from any front lot line or Residential District Boundary Line, and fifteen (15) feet from the side and rear lot lines. 

25-14  Adaptive Reuse To Residential Development

Notwithstanding the above, for residential development including adaptive reuse, redevelopment and expansion, the standards of this subsection shall apply.

25-14.1 Setbacks – All structures shall comply with §25.4 above, except where existing buildings are adaptively reused.  Existing non-conforming buildings may be maintained and expanded vertically.  Patios and window wells may extend no closer than fifteen (15) feet from any Residential District Boundary Line or five (5) feet from any non-residential District line.  Refuse and recycling areas within accessory buildings may be located within the front yard provided it is at the basement level and appropriately screened. 

25-14.2 Height – No building or structure shall exceed two (2) stories and a height of thirty (30) feet to the mid-point of a pitched roof or the top of any flat roof.  Mechanical equipment located on the roof shall be exempt from this standard provided the equipment is concealed and that the top of the units are less than six (6) feet above the roof on which they sit.

25-14.3 Coverage – The building coverage shall not exceed thirty (30%) percent and total coverage shall not exceed sixty-five (65%) percent. 

25-14.4 Floor Area – The Floor Area Ratio (FAR) shall not exceed 0.50.  Floor area associated with basement level parking, enclosed and covered refuse areas, circulation, mechanical, and storage shall be exempt from this calculation. 

25-14.5 Density – The maximum number of market rate units shall not exceed 2,250sf of gross lot area per dwelling unit. Onsite Affordable units shall be exempt from this calculation. Libraries, dens, studios, studies, lofts and other similar spaces shall not

be counted as bedrooms.

25-14.6 Landscaping – Existing parking and drives may remain within buffer areas.  A minimum of a five (5) foot buffer shall be required adjacent to any Residence District.

25-14.7 Excavation and Fill – §32-8 of these regulations shall not apply where the PZC, based on review and recommendation from the Town Engineer, makes a finding that the site design is enhanced while not creating any adverse impacts to abutting properties.  Such enhancement may include landscaping, buffers, sidewalks, emergency access or other improved design features.

25-14.8 Affordability Requirement – Prior to a final Zoning Certificate of Compliance (ZCC) for developments an affordability plan for all affordable units to be submitted for review and approval by the Commission. The plan shall include the equivalent of 20% of the proposed units to be provided as affordable to households whose income does not exceed 80% of the State Median Income as provided by CT General Statutes §8-30g. 

25-14.9 CAP - No more than one (1) Residential development shall be permitted within the HSD in the Town of Westport.

Legal Notice of Decision