Town of Westport                                                     

Planning and Zoning Commission

Town Hall, 110 Myrtle Avenue

Westport, CT 06880
Tel: 203-341-1030    Fax: 203-454-6145  

www.westportct.gov                                                                                                             

                                                                                                                                        December 14, 2021

SPECIAL NOTICE ABOUT PROCEDURES FOR THIS ELECTRONIC MEETING:
Pursuant to Sections 147-153 of the Governor’s Public Act 21-2, there will be no physical location for this meeting. This meeting will be held electronically and live streamed on www.westportct.gov. This meeting will also be shown on Optimum Government Access Channel 79 and Frontier Channel 6020. Public comments may be received PRIOR to the Public Hearing and should be sent to PandZ@westportct.gov by 12:00pm the day of the hearing. Meeting materials are available at www.westportct.gov, on the Planning and Zoning Department web page under “P&Z Pending Applications & Recent Approvals”.

Instructions to Attend ZOOM Meeting:

Phone: + 1 646 876 9923 US (New York)

Meeting ID: 864 6804 6448

Passcode: 823171

ZOOM Link: https://us02web.zoom.us/j/86468046448?pwd=ay80dGxZdlR1QTN2bytwREpsL2p4QT09

AGENDA Revision #3

PLANNING & ZONING COMMISSION

THURSDAY, December 16, 2021,
START TIME: 6:00 PM

I WORK SESSION
Interview with a Potential Planning and Zoning Commission Alternate.

II PUBLIC MEETING  
124 Compo Road North: Appl. #PZ-21-000886 §8-24 Request by the First Selectwoman on behalf of a request from the Assistant Town Attorney for a report from the Planning and Zoning Commission regarding a new lease of the Dwelling by Homes with Hope, Inc. for their Project Return program, on Town-owned property in the Residence A District, PID #D12172000.
Applicant Presentation Time: 10-15 minutes.

III PRE-APPLICATION

(The public may observe the public meeting, but not participate.)

Submitted by Dean Apostoleris to discuss allowing for electric vehicle charging stations and associated advertising at 1790 Post Road East (Stop and Shop Center).
Presentation and Feedback Time Allotment: 20 minutes. 

IV PUBLIC HEARING

1. Text Amendment #804: (This application was opened on 11/18/21 with testimony received and was continued to 12/16/21 hearing and to be further continued to the 1/13/22 hearing with no testimony to be received on 12/16/21) Appl. #PZ-21-000770 Submitted by Rick Redniss to modify §5-2 Definitions by adding a definition for “Parking Management Plan” and modify the definition of “Coverage, Total”; to modify §24-6.1 Coverage Exemptions in the General Business District (GBD) to provide Building Coverage relief for canopies up to 500 SF in size in the GBD; to add new section §28-6.1 Coverage Exemptions in the Business Preservation District (BPD) to provide Building Coverage and setback relief for canopies up to 500 SF in size in the BPD; to renumber §34-4 Parking Requirements of Developed Sites, and add new §34-4.2 to authorize use of a Parking Management Plan by Special Permit for existing office buildings that are at least 25,000 SF in size, have a minimum of 100 parking spaces on site, and are wholly located in the GBD. A copy of the proposed text amendment is available on-line at www.westportct.gov is on file in the Westport Town Clerk’s Office and is on file in the Westport Planning and Zoning Office (must close by 2/26/22 w/65 ext. provided).
2. 11 Brightfield Lane: Special Permit/Site Plan Appl. #PZ-21-00840 submitted by Walter Mattera for property owned by Benjamin & Laura Schneider for excavation and fill activities and to regrade rear yard to level area, for property located in the AAA zone, PID#G07023000 (must open by 1/8/22) Applicant Presentation Time: 5 minutes.
3. Text Amendment #806: Appl. #PZ-21-00876 submitted by the Planning & Zoning Commission to modify Sec. 31-3 of the Zoning Regulations to require the finished side of the fence be facing the adjacent lot, except if adjacent to wetlands or a non-residential use. A copy of the proposed text amendment is available on-line at www.westportct.gov is on file in the Westport Town Clerk’s Office and is on file in the Westport Planning and Zoning Office (no action deadlines for commission authored amendments). Applicant Presentation Time: 5 minutes.
4. Text Amendment #807: Appl. #PZ-21-00884 submitted by the Planning & Zoning Commission to modify Sec. 43-5.2 of the Zoning Regulations to allow small scale projects as described in Sec. 43-5.2 that are located in the Village District Overlay (VDO) Westport Center to be eligible for Site Plan Waiver from the Planning and Zoning Director, following design review approval recommendation from the Historic District Commission and Architectural Review Board serving as the Joint Committee. A copy of the proposed text amendment is available on-line at www.westportct.gov is on file in the Westport Town Clerk’s Office and is on file in the Westport Planning and Zoning Office (no action deadlines for commission authored amendments). Applicant Presentation Time: 5 minutes.

V 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

• 16 Fresenius Road: Request for 2^nd 90-day extension to record the subdivision map on the land records.(Action needed before subdivision approval expires on 1/6/22).
• 40 Post Road E. (aka 21 Jesup Road): Request for Interpretation on categorizing use group for Pause + Purpose LLC.
• Potential Change to the P&Z Bylaws: To formalize remote participation by P&Z members is permitted when in-person meetings resume.

Old Business:

• Discussion and potential approval of the 2022 Public Hearing and Work Session Calendars.

Text Amendment #806/#PZ-21-000876

                 Submitted: 11/15/21

                                                                                                                                                 Received:11/18/21

Public Hearing: 12/16/21

Adopted:      _____

Effective date:              

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

§31 REGULATIONS APPLYING TO ALL DISTRICTS

31-3 Fences and Walls, Obstructions at Corners (see §5-2 Fence or Walls)

On any lot, no planting, fence, stone wall, sign, building or other obstruction shall be extended within thirty (30) feet of any corner triangle formed by the intersecting right-of-way lines or projected street lines of any public or private street so as to interfere with traffic visibility around such corner. This restriction shall not apply to any building permitted by these regulations to extend within thirty (30) feet of any such corner.

The finished side of the fence shall face the adjacent lot or street, except along a lot line adjoining a non-residential lot or a lot line directly adjacent to wetlands.  In most cases, the finished side of a fence shall be the side opposite the fence post.

Text Amendment #807

Submitted: 11/19/21

Received: 12/9/21

Revised by P&Z Staff to include suggested modification: 12/2/21

                                                                                                                       Public Hearing Scheduled for: 12/16/21

Adopted: ______

Effective date: ______

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

FROM CHAPTER 43, Special Permit and/or Site Plan Review Procedures

§43-5.2 Site Plan Review and Hearings

Site Plan approval by the Planning & Zoning Commission shall be required for construction, addition or alteration of a non-residential building involving more than five hundred (500) square -feet of building coverage or containing more than five hundred (500) sq. ft. of gross interior floor space, or any of the uses or activities listed below:

1. A Change of Use pursuant to §5-2.
2. Shoreline Flood and Erosion Control Structure as defined in CGS §22a-109 located within the Coastal Boundary as described in CGS §22a-94.
3. Truck trailer storage for more than 7 days pursuant to §32-8.1.
4. Excavation and fill activities that are not exempt pursuant to §32-8.1.
5. Outdoor Special Events, pursuant to §32-23, that:
   1. Exceed ten (10) days in duration and are located in a non-residential district.
   2. Exceed two (2) days in duration and/or extend beyond 10:00pm on Fridays and Saturdays and are located in a residential district.
   3. Exceed seven (7) days in duration and/or extend beyond 10:00pm on Fridays and Saturdays and are located on a privately-owned property in a residential district containing a Special Permit Use.

The P&Z Commission, at its discretion, may hold a public hearing on an application for Site Plan or Coastal Site Plan  review.

[The P&Z Director may waive P&Z Commission review of small-scale projects, (except those located in §36, Village District Overlay Zone which require review by the Joint Committee and Site Plan review by the Planning and Zoning Commission) but may require the approval of the  Architectural Review Board and will require a zoning permit.]

The P&Z Director may waive P&Z Commission review of small-scale projects, except those located in the Village District Overlay (VDO) Zone/Westport Center that are not recommended for approval by the Joint Committee of the Historic District Commission and the Architectural Review Board.

Small-scale projects include:

1. Minor Site Plan modifications such as parking lot alterations or expansions, landscape modifications and utility modifications;
2. Exterior façade changes to commercial buildings;
3. Small building additions with fewer than five hundred (500) sq. ft. of building coverage or containing fewer than five hundred (500) sq. ft. of gross interior floor space.
4. Exterior staircases mandated by the [Fire Marshal] Connecticut State Fire Safety Code.
5. Handicap ramp and elevators mandated by the Building Official for public safety.

Legal Notice of Hearing