Notice is hereby given that at a meeting held on March 17, 2011, the Westport Planning and Zoning Commission took the following action:

1. APPROVED:  270 Hillspoint Road, Appl. #11-002 by Barr Associates, LLC for property owned by Surfside Partners, LLC for a CAM Site Plan approval for a new single family dwelling in a Res AA zone, PID# E03007000. 

2. APPROVED:  1849 Post Road East, Appl. #11-003 by Lawrence Weisman for property owned by K414 East 120^th St. Associates & Somerset for a CAM Site Plan approval a new restaurant in a BPD/Res A zone, PID #109118000. 
3. ADOPTED:  Amendment #627, Appl. #11-005 by Frank N. Zullo, Esq. for a text amendment to the Westport Zoning Regulations to modify §5-2 Coverage, Total to add Swimming Pools to list of structures computed in Total Coverage; §5-2, Swimming Pools to add language identifying Swimming Pools shall be computed in Total Coverage and to add language identifying the surface area shall be measured from the inside face of the exterior walls of the Swimming Pool; and to add language clarifying a Swimming Pool with a supported roof shall be deemed a building and shall be computed in Building Coverage; §11-2.4 (Permitted Accessory Buildings, Structures & Uses), to modify §11-2.4.2 to identify Swimming Pools shall be computed in Total Coverage, and add language clarifying the surface area of a Swimming Pool shall be measured from the inside face of the exterior walls for purposes of computing Total Coverage. Effective date:  4/8/11
4. APPROVED:  6 Promised Road, Appl. #10-060 by Barr Associates, LLC for property owned by Robert Jackson for a CAM Site Plan approval for a new single family dwelling in a Res A zone, PID #B02101000.
5. ADOPTED:  Amendment #628, Appl. #11-006 by the Planning and Zoning Commission for a text amendment to the Westport Zoning Regulations to modify §5 (Definitions), §5-2 (Change of Use) to delete from the change of use definition a change in manner in which patrons are seated or in which alcoholic beverages are sold, §5-2 (Outdoor Eating Area), references to Fast Food Restaurants will be deleted and annual renewals will be required each year as of May 1^st. Also allows Cafes and Taverns to have Outdoor Eating Areas; §5-2 (Food Establishment Retail), to modify to indicate alcoholic beverages may be sold only for off premise consumption and retail food establishments may have no more than 10 patron seats; §5-2 (Restaurant), to modify Restaurant definition so that the Fast Food Restaurant can be deleted. This change will also distinguish a Restaurant from a Retail Food Establishment based on more than 10 indoor seats, §5-2 (Restaurant, Fast Food), to delete the Restaurant, Fast Food definition; §22 (RORD Zone), §22-2.2.5, to delete Fast Food Restaurant, §22-2.3.3, to delete Fast Food Restaurant and give Cafes and Taverns the same Outdoor Eating Area privileges as Restaurants and Retail Food Establishments; §23 (RBD Zone), §23-2.1.4, to delete Fast Food Restaurant, §23-2.3.3, to delete Fast Food Restaurant; §24 (GBD Zone), §24-2.1.2, to delete Fast Food Restaurant,  §24-2.3.5, to delete Fast Food Restaurant and give Cafes and Taverns the same Outdoor Eating Area privileges as Restaurants and Retail Food Establishments; §24A (GBD/S Zone), §24A-2.1.2 to delete Fast Food Restaurant; §25 (HSD Zone), §25-2.1.2, to delete Fast Food Restaurant, §25-2.3.5, to delete Fast Food Restaurant; §28 (BPD Zone), §28-2.1.2 to delete Fast Food Restaurant, §28-2.3.4 to delete Fast Food Restaurant and give Cafes and Taverns the same Outdoor Eating Area privileges as Restaurants and Retail Food Establishments; §29 (BCD Zone), §29-2.1.2 to delete Fast Food Restaurant, §29-2.3.5 to delete Fast Food Restaurant and give Cafes and Taverns the same Outdoor Eating Area privileges as Restaurants and Retail Food Establishments; §29A (BCD/H Zone), §29A-2.1.2 to delete Fast Food Restaurant, §29A-2.3.5 to delete Fast Food Restaurant and give Cafes and Taverns the same Outdoor Eating Area privileges as Restaurants and Retail Food Establishments;  §30 (HDD Zone), §30-2.2, to delete Fast Food Restaurant, §30-2.4.4 to delete Fast Food Restaurant and give Cafes and Taverns the same Outdoor Eating Area privileges as Restaurants and Retail Food Establishments; §31-9 (Liquor Establishments), §31-9.2 to modify the requirement for the Police to sign an application for Connecticut Liquor Control commission as these forms no longer require the Police Chief’s signature, §32-20 (Outdoor Eating Areas), §32-20 provides clarifying language that specifies that outdoor Eating Areas are permitted in non residential zones except RPOD, DDD and CPD,   Design/Use of Area deletes the term temporary fabric roof structures and substitutes tents, canopies, awnings, decks or landscaped areas shown on a site plan, only allows umbrellas on landscaped surfaces,  deletes the prohibition regarding outdoor music up until 9 PM, after 9 PM a Special Permit is required, and eliminates ARC approval for 2AM closing in favor of P&Z Commission approval; Size/Parking Requirements eliminates Fast Food references and greatly simplifies how parking requirements are calculated.  Also gives specific guidance on how to measure the area of an Outdoor Eating Area; Seasonal Use simplifies how seasonal use is determined; Setback & Coverage Requirements simplifies how setbacks are to be regulated and specifies that Outdoor Eating Areas cannot be within 50 feet of a residential zone unless separated by a street or a water body. Requires that any tents, canopies or fixed awnings be counted in building coverage; Landscaping section is merged with Setbacks & Coverage requirements. It specifies that only landscaping that was installed as part of an approved Site Plan cannot be removed.  §34-5 to add Retail Food Establishments to the list of uses such as retail that require 1 parking space for every 180 square feet of gross floor area, §43-14.2 (Eligible Applications for ARC) to change the words façade change and changes to Alterations.  Outdoor Eating areas are eliminated from the list of approved ARC applications.  Effective date:  4/8/11

The above items were granted/approved and are on file with the Planning and Zoning Office in Town Hall at 110 Myrtle Avenue.

Dated at Westport, Connecticut this 1^st day of April, 2011

Ron Corwin, Chairman, Planning and Zoning Commission

To be inserted in the Westport News  On: April 1, 2011 Friday