REGULAR MEETING MINUTES
Monday, June 16, 2014 – 7:00 P.M.
Town Hall, 302 Main Street
1st floor conference room
I. CALL TO ORDER
Chairman Robert Friedmann called the meeting to order at 7:00 p.m.
II. ROLL CALL
Attendant Members: Absent Members:
Robert C. Friedmann Madeleine Fish
Geraldine M. Lewis John T. Talbott
Marc W. Delmonico Thomas C. Farnham Jr.
Alternate Members:
J. Colin Heffernan-seated for Madeleine Fish
Deborah Warren-seated for John Talbott
Staff: Christina M. Costa, Zoning Enforcement Officer
3 members of the public were present
III. REGULAR BUSINESS
The Commission reviewed the meeting minutes of June 2, 2014.
MOTION to approve the regular meeting minutes from June 2, 2014 as presented. MADE: G. Lewis. SECONDED: R. Friedmann VOTING IN FAVOR: G. Lewis, R. Friedmann, J. Heffernan, M. Delmonico, D. Warren OPPOSED: None. ABSTAINING: None. APPROVED: 5-0-0
The Commission discussed payment of the bills presented
MOTION to approve the bills and pay Branse & Willis, LLC 2 invoice totaling $1,729.75; Invoice #36025-$111.00, #36079-$1618.75; MADE: R. Friedmann. SECONDED: D. Warren. VOTING IN FAVOR: G. Lewis, R. Friedmann, D. Warren, M. Delmonico, J. Heffernan. OPPOSED: None. ABSTAINING: None APPROVED: 5-0-0
MOTION to approve the bills and pay Nathan Jacobson & Assoc, Inc. 8 invoices totaling $4,713.61; Invoice #79654-$880.92, #79667-$128.35, #79644-$1,003.49, #79645-$120.25, #79647-$641.55, #79646-$581.99, #79648-$1,164.53, #79649-$192.53; MADE: G. Lewis. SECONDED: D. Warren. VOTING IN FAVOR: G. Lewis, R. Friedmann, D. Warren, M. Delmonico, J. Heffernan. OPPOSED: None. ABSTAINING: None APPROVED: 5-0-0
IV. PUBLIC HEARINGS
- Petition to Amend the Old Saybrook Zoning Regulations Sections 21.5.5a, 22.5.2a, 23.5.5a, 24.5.5a, 26.5.5a, 27.5.5a,33.6.5a & 56.6.3 Minor Accessory Structure Setback to change longest street line of a corner lot to street line setback. Section 9 Definitions: Building/Structure Coverage to remove conflict with projection into setback regulation. Gross Floor area (gfa) to clarify attics, garages and habitable space count as gfa; Change width along building line to minimum width along building line. Add new definition of Person. Sections 31.3.1, 32.3.1, 34.1 Amend prohibited dwellings to allow for dwellings already permitted in the B-1, B-2 & B-4 districts. Section 32.3.2 Motor Vehicle remove references to sections of the regulations that no longer exist. Section 51.4.5 Architectural Review Board (ARB) removed timeline to respond.
Section 52.4 Special Exception Procedure remove timeline to respond for advisory Planning & ARB reports. Section 52.6.7 Special Exception Text for B-3 District – reword and relocate to Section 33 Purpose B-3. 52.5 Special Exception to extend approval period to 3 years and permit an additional 2 years for extensions. Section 53 Remove Professional office in a dwelling unit in its entirety to amend and combine with Home occupation in a dwelling unit to create Home business in a dwelling unit. Accessory Apartment Residential change owner to person, remove Section H reporting to Zoning Commission on an application basis to 5 years and renumber.~ Marine Research Laboratory remove language only in Marine Commercial District. Outdoor Seating Restaurant rename Outdoor Seating and reword to allow seating for retail food establishment and clarify seating calculation for restaurants to remove conflict with Indoor Restaurant. Public Utility Station remove located in B-3 so regulation
uniform for all Districts. Section 54.6.1 Incentive Housing Zone Minimum Density add the word “not” to text so calculations can be made as intended.~ Section 56.4 Open Space Subdivision change receipt by Enforcement Officer to Land Use Department. 59.2.5 Coastal Area Management allow elevated decks as an exemption.~ Section 62.3.4c Number of Loading Spaces amend for consistency with the uniformity rule. Section 63.2 Landscaping Bond & 65.6.11 Excavation Bond amend for consistency with CT General Statutes. Add Section 65.2.5 Excavation exempt installation of septic system from Special Exception Permit. Section 68.1.5a Maximum luminance density add high lighting zone. 68.2.4 rename Projection from façade as Projection into setback and add clarifications. Petitioner: Old Saybrook Zoning Commission.
The commission discussed the proposed amended Zoning Regulations and text by the Old Saybrook Zoning Commission. Chairman Friedmann stated that the Zoning Commission is amending its own regulations and that the purpose is for clarification, corrections and updates to the text of the regulations.
Guest Attorney William Childress addressed section 52.5 Special Exception to extend approval period to 3 years and permit an additional 2 years, and suggested to include annual extensions after the additional 2 years for completion of a project. Chairman Friedmann responded by stating that annual extensions would be complex to include in the regulations at this time, but may be considered on a case by case basis upon request and for good cause. The Commission was in agreement that the proposed change by the Zoning Commission is more generous than the existing terms and that the Commission should try what is proposed at this time and monitor future outcomes.
Zoning Enforcement Officer Chris Costa read the referral responses that were received, and reported that the requests, which were sent out on May 2nd, 2014, were favorable after review of the proposed amendments by the Lower Connecticut River Valley Regional Planning Commission, Connecticut Dept. of Energy and Environmental Protection (DEEP) and the Office of Long Island Sound Programs (OLISP), The Connecticut River Gateway Commission, and the Town of Old Saybrook Planning Commission.
MOTION to close the public hearing for the Petition to Amend the Old Saybrook Zoning Regulations by the Old Saybrook Zoning Commission. MADE: G. Lewis. SECONDED: R. Friedmann. VOTING IN FAVOR: G. Lewis, R. Friedmann, M. Delmonico, D. Warren, J. Heffernan. OPPOSED: None. ABSTAINING: None. APPROVED: 5-0-0
MOTION to approve the Petition by the Old Saybrook Zoning Commission to Amend the Old Saybrook Zoning Regulations Sections 21.5.5a, 22.5.2a, 23.5.5a, 24.5.5a, 26.5.5a, 27.5.5a,33.6.5a & 56.6.3 Minor Accessory Structure Setback to change longest street line of a corner lot to street line setback. Section 9 Definitions: Building/Structure Coverage to remove conflict with projection into setback regulation. Gross Floor area (gfa) to clarify attics, garages and habitable space count as gfa; Change width along building line to minimum width along building line. Add new definition of Person. Sections 31.3.1, 32.3.1, 34.1 Amend prohibited dwellings to allow for dwellings already permitted in the B-1, B-2 & B-4 districts. Section 32.3.2 Motor Vehicle remove references to sections of the regulations that
no longer exist. Section 51.4.5 Architectural Review Board (ARB) removed timeline to respond. Section 52.4 Special Exception Procedure remove timeline to respond for advisory Planning & ARB reports. Section 52.6.7 Special Exception Text for B-3 District – reword and relocate to Section 33 Purpose B-3. 52.5 Special Exception extend approval period to 3 years and permit an additional 2 years for extensions. Section 53 Remove Professional office in a dwelling unit in its entirety to amend and combine with Home occupation in a dwelling unit to create Home business in a dwelling unit. Accessory Apartment Residential change owner to person, remove Section H reporting to Zoning Commission on an application basis to 5 years and renumber.~ Marine Research Laboratory remove language only in Marine Commercial District. Outdoor Seating Restaurant rename Outdoor Seating and reword to allow seating for retail food establishment and clarify seating calculation for restaurants to remove
conflict with Indoor Restaurant. Public Utility Station remove located in B-3 so regulation uniform for all Districts. Section 54.6.1 Incentive Housing Zone Minimum Density add the word “not” to text so calculations can be made as intended.~ Section 56.4 Open Space Subdivision change receipt by Enforcement Officer to Land Use Department. 59.2.5 Coastal Area Management allow elevated decks as an exemption.~ Section 62.3.4c Number of Loading Spaces amend for consistency with the uniformity rule. Section 63.2 Landscaping Bond & 65.6.11 Excavation Bond amend for consistency with CT General Statutes. Add Section 65.2.5 Excavation exempt installation of septic system from Special Exception Permit. Section 68.1.5a Maximum luminance density add high lighting zone. 68.2.4 rename Projection from façade as Projection into setback and add clarifications. Amendments are to be effective July 1, 2014. MADE: R. Friedmann. SECONDED: G. Lewis. VOTING IN FAVOR: G. Lewis, R. Friedmann, M.
Delmonico, D. Warren, J. Heffernan. OPPOSED: None. ABSTAINING: None. APPROVED: 5-0-0
V. COMMITTEE, REPRESENTATIVE & STAFF REPORTS
Chairman Friedmann reported that he and Madeleine Fish attended the Route 1 Corridor Plan open house meeting on June 3, 2014. He stated that there was strong town representation from staff and public officials of Old Saybrook.
J. Heffernan and Chris Costa attended the Gateway River Cruise on June 5, 2014 and Chairman Friedmann reminded the commission that there is another cruise scheduled for June 17, 2014.
Zoning Enforcement Officer Chris Costa briefly updated the commission on the status of various projects.
VI. ADJOURNMENT
MOTION to adjourn the meeting at 8:40 p.m. until the next regular meeting on Monday, July 7, 2014 at 7:00 p.m. Town Hall, 1st Floor Conference Room 302 Main Street, Old Saybrook. MADE: R. Friedmann. SECONDED: G. Lewis. VOTING IN FAVOR: G. Lewis, R. Friedmann, M. Delmonico, D. Warren, J. Heffernan. OPPOSED: None. ABSTAINING: None. APPROVED: 5-0-0
Respectfully submitted,
Joanne Kegel
Recording Clerk
ADOPTED AMENDMENTS TO THE OLD SAYBROOK ZONING REGULATIONS
PETITIONER: OLD SAYBROOK ZONING COMMISSION
Text Revised to June 16, 2014
Adopted: June 16, 2014, Effective: July 1, 2014
Underline Text is new
Strikethrough text is deleted
Accessory Building Setback for Longest Street Line of Corner Lot
21.5.5 Minor Accessory Building or Structure
A. From Longest Street Line of Corner Lot 50 feet
22.5.5 Minor Accessory Building or Structure
A. From Longest Street Line of Corner Lot 50 feet
23.5.5 Minor Accessory Building or Structure
A. From Longest Street Line of Corner lot 35 feet
24.5.5 Minor Accessory Building or Structure
A. From Longest Street Line of Corner lot 35 feet
25.5.5 Minor Accessory Building or Structure 35 feet
A. From Longest Street Line of Corner lot 35 feet
26.5.5 Minor Accessory Building or Structure
A. From Longest Street line of Corner lot 50 feet
27.5.5 Minor Accessory Building or Structure
A. From Longest Street Line of Corner Lot 50 feet
33.6.5 Minor Accessory Building or Structure
A. From Longest Street Line of corner lot 25 feet
56.6.3 Minor Accessory Building or Structure.
A. From Longest Street Line of Corner lot 35 feet
Section 9
Building/structure coverage.
The footprint of a building or structure as measured from the outermost edge (i.e., drip line), including the area of all covered porches and similar roofed portions, projected to the “nadir” (lowest point), including excluding any architectural projections of the type permitted to extend into the area required for setback from a street line, property line or residential district boundary line, excluding any building or structure completely below the finished grade of the lot.
Pre-existing non-conforming lots used for a residential use that contain an area of less than twelve thousand five hundred square feet (12,500 s.f.) will be permitted to exclude projections into the setback as permitted in the district from building/structure coverage calculations.
Gross floor area. The sum of the gross area (horizontal) of all stories of a building or structure, as measured by the exterior faces of the walls or from the centerline of party or common walls separating two buildings, dwellings, or distinct and separate non-residential uses having no common exterior access. Gross Floor Area includes any area that is capable of being used for human occupancy, including garage or attic space, whether finished or not. Gross floor area will not include: (a) elevator shafts and stairwells, accessory water
tanks and cooling towers; and (b) patios, terraces, unroofed open porches/decks/pools, and outside uncovered steps. Any space used for a non-residential use will be included for calculating the required off-street parking spaces for the use. These Regulations require calculation of gross floor area by excluding wetlands from the area of the lot.
Minimum lot width along the building line. A line that a) is parallel with or concentric with a street line where the lot has frontage and b) does not extend into the area required for setback from the street line.
Note: In addition to amending the definition width along the building line is proposed to be replaced with Minimum lot width along the building line throughout the regulations.
Person. Except as otherwise defined, a “person” for all purposes in these Regulations must be a live, human individual as opposed to a corporate or other “legal” person.
Section 31 – Central Business B-1 District
31.3.1 Dwelling except as otherwise permitted in this District, Nursing home facility, hospital or sanitarium.
Section 32 – Shopping Center B-2 District
32.3.1 Dwelling except as otherwise permitted in this District, Nursing home facility, hospital or sanitarium.
32.3.2 Motor vehicle service station, except as permitted under Paragraphs 32.2.1 and 32.2.2; and establishment for motor vehicle washing
Section 34 – Gateway Business B-4 District
34.3.1 Dwelling except as otherwise permitted in this District, Nursing home facility, hospital or sanitarium.
Section 51 – Site Plan
51.4.5 Architectural Review Board Advisory Report Findings Required. For all commercial, industrial, and multi-family applications for Site Plan approval required pursuant to the Zoning Regulations, the Commission will transmit sufficient copies of site plans or elevation drawings to the Architectural Review Board for an advisory report of its findings. Within forty-five (45) days after receipt from the Land Use Department of a copy of the application form, plans, and documents, the Architectural Review Board of its recommendations to the Commission.
Section 52 - Special Exception
52.4 Procedure (SPEX)
Upon receipt, the Land Use Department will transmit the application and accompanying plans and documents to the Commission; and will also may transmit sufficient copies to each the Planning Commission and to the Architectural Review Board. A copy of any site plan and Soil Erosion & Sediment Control Plan may be transmitted by the Land Use Department to the Connecticut River Coastal Conservation District with a request for its technical review and advisory opinion, and for certification; a copy of any Soil Erosion & Sediment Control Plan pertaining to a lot in the Gateway Conservation Zone will be so transmitted to the District for the review and opinion. Within forty-five (45) days after the receipt of a copy of the application form, plans, and documents, the Planning Commission and the
Architectural Review Board may submit advisory reports of its recommendations to the Commission. The Commission may request the Applicant to submit the additional information that it deems necessary to decide on the application. The Commission will hold a public hearing on the application, will decide, and give notice of its decision as required by law. The Applicant may consent in writing to any extension of the time for public hearing and action on the application.
52.6.7 Restricted Business B-3 District. In the Restricted Business B-3 District, a Special Exception use that is to be established by addition to, extension of or alteration of an existing building originally designed as a house will preserve the character of the existing building, as a house.
33.0 Purpose
To allow for the orderly transition from residential areas to business areas in a way that will maintain the residential character of the area and achieve harmony with the adjacent residential neighborhoods. Applicable standards protect those neighborhoods by limiting the type and intensity of business uses, as well as the size and character of buildings and the layout of the site. Extensions of or alteration of an existing building originally designed as a house will preserve the character of the existing building, as a house.
52.5 Approval
After the public hearing, the Commission may approve a Special Exception if it finds that the proposed use and the proposed buildings and structures conform to the General Standards, in addition to any Special Standards for particular uses. Approval of an application constitutes approval conditioned upon completion of the proposed development in accordance with plans as approved, within a period of two (2) three (3) years after the date of approval of the Special Exception Permit. The Commission may grant for good cause one extension of the period for an additional period not to exceed one (1) year.two (2) years. All Special Exceptions may be approved subject to appropriate conditions and safeguards necessary to conserve the public health, safety, convenience, welfare and property
values in the neighborhood.
Section 53- Special Standards for Specific Uses
Professional office in a Dwelling unit. A professional office in dwelling unit located in a Residence District is an additional use for which a Certificate of Zoning Compliance is required. The office will be used only for the office of person engaged in a recognized profession, such as physicians, dentists, lawyers, engineers, architects, land surveyors, teachers and clergymen, who through training and experience are qualified to perform services of a professional as distinguished from a business nature. The person conducting the office will reside in the dwelling unit, and there will be no more than two (2) nonresident persons employed in connection with the office. The floor area used for the office will not exceed one third (1/3) of the gross floor area of the dwelling unit.
Home occupation business in a dwelling unit. A home occupation business in a dwelling unit located in a Residence District is an additional use or which a Certificate of Zoning Compliance is required. A home occupation business consists of an activity conducted for gain and will conform to the following standards and conditions:
A. The person conducting the home occupation business will reside in the dwelling unit, and there will be no more than one (1) non-resident person employed on the premises in connection with the occupation business.
B. There will be no evidence outside the dwelling, except permitted signs and required off-street parking, that the dwelling contains a home occupation business.
C. The home occupation business will be confined to but one (1) floor of the dwelling unit and not more than twenty-five percent (25%) of the floor will be so used. will not exceed more than twenty five percent (25%) of the gross floor area of the dwelling unit.
D. No finished consumer goods will be acquired outside the dwelling unit for sale in connection with a home occupation business within the dwelling unit.
E. The home occupation business and conduct thereof will not impair the residential character of the premises nor impair the reasonable use, enjoyment and value of other residential property in the neighborhood.
F. The application for a Certificate of Zoning Compliance will be signed by the person or persons proposing to conduct the home occupation business and will be accompanied by a detailed description of the proposed use. Each Certificate of Zoning Compliance will automatically terminate when the Applicant no longer resides in the dwelling unit.
Note: Remove and replace all references to home occupation or professional office with home business in a dwelling unit. To avoid repetition of home business in a dwelling unit, permitted uses in Section 21.1.2, 22.1.2, 24.1.2, 25.1.3, 26.1.2, 27.1.2, 33.1.2, 37.1.4 which now allow for a professional office in a dwelling unit will be replaced with [Reserved].
Accessory Apartment (residential). An apartment dwelling unit that is accessory to a single detached dwelling for one (1) family is a use subordinate to the dwelling and an additional use for which a Certificate of Zoning Compliance is required. The following standards, conditions, and procedures are applicable to the establishment of the accessory apartment (residential):
A. The accessory apartment (residential) will be located within, or in an addition to,
the single detached dwelling and will be provided with a kitchen and complete bathroom, separate from the facilities of the remainder of the dwelling, as well as two(2) means of egress including a separate outside door. A garage structure attached to the dwelling and converted to contain an accessory apartment (residential) is considered to be within the dwelling.
B. Either the single detached dwelling or the accessory apartment (residential) will be occupied by an owner of the a person who owns the premises, except, under this subsection, a person may also be a that when the owner is a non-profit corporation organized for the purpose of providing housing for low and moderate income individuals and families, and where the premises is not operated for profit, then in which case both the single detached dwelling and the accessory apartment (residential) may be occupied by non-owners.
C. The single detached dwelling to which the apartment is accessory will be located on a lot having at least the minimum area as required by these Regulations for the District where the lot is located and as specified when served or not served by public water supply. A single detached dwelling, located in a Planned Residential Development (PRD), as defined in these Regulations, is not eligible to contain an accessory apartment (residential).
D. The single detached dwelling will be provided with the number of off-street parking spaces required by these Regulations, and the accessory apartment (residential) will be provided with at least one (1) additional off-street parking space that is usable independently of the spaces required for the dwelling.
E. The single detached dwelling will have no less than the minimum square feet of gross floor area specified in Paragraph 8.12.1, and the accessory apartment (residential) will have a minimum floor area of not less than five hundred (500) square feet. The gross floor area of the accessory apartment will not exceed one-third of the total habitable gross floor area of the dwelling, or seven hundred fifty (750) square feet, whichever is less. The accessory apartment (residential) is not eligible for use as a professional office, a home occupation business in a dwelling unit, or for the renting of rooms.
F. The single detached dwelling containing an accessory apartment will have a design that maintains the appearance of the premises as a single detached dwelling for one (1) family. The dwelling when constructed or converted to contain an accessory apartment will have only one (1) outside door along the front facade elevation unless two (2) doors existed at the time of a conversion. Stairways to an accessory apartment on floors above the ground floor of the
dwelling will be located on the side or rear of the dwelling and will be fully enclosed.
G. The application for Certificate of Zoning Compliance will be accompanied by the following:
1. An affidavit of ownership signed by the owner of the premises and affirming the intent that either the accessory apartment or the remainder of the single detached dwelling is to be occupied by an owner of the premises as the principal place of residence;
2. A certification from the Connecticut River Area Health District that the water supply and sewage disposal Systems serving the premises, either existing or any proposed construction or modification thereof, conform to current State Sanitary Code requirements and are adequate to serve both the accessory apartment and remainder of the dwelling;
3. A plan of the premises as specified in Paragraph 72.2; and
4. Competent floor plan drawings of the dwelling and apartment, and suitable sketches, architectural drawings or photographs sufficient to show the character and extent of exterior building and facade construction including any alterations.
H. Upon receipt of a complete Application for Certificate of Zoning Compliance,
the Enforcement Officer will make a report to the Commission at a meeting
of the Commission, concerning conformity of the Application and accessory
apartment proposal to these Regulations.
I. H. Issuance of a Certificate of Zoning Compliance for an apartment dwelling unit
that is accessory to a single detached dwelling for one (1) family is conditioned
upon the following:
1. In January of each year ending in the numeral five (5) or zero (0), person who owns the premises will file with the Enforcement Officer a new affidavit of ownership of the premises and certifying that either the accessory apartment or the remainder of the dwelling is occupied by the person who owns an owner of the premises as required for the original application; and
2. The Certificate of Zoning Compliance automatically terminates when there is a change in ownership of the premises, provided however, that a new Certificate of Zoning Compliance may be issued upon receipt of the above affidavit from the new owner of the premises.
Marine Research Laboratory. Any marine research laboratory for the study aquatic and marine environment, ecology and resources, to be located in the MC District, will also conform to the following special standards:
A. The laboratory activity will have need for and actually use access from the lot to Long Island Sound or the Connecticut River by boat or other vessels in connection with its primary study activities.
B. Access by boat or other vessel to the Sound or River will be of a type, character
and extent that is in harmony with and conforming to the appropriate and orderly use of Long Island Sound or the Connecticut River by boating and fishery uses permitted in the District.
Restaurant, Outdoor seating. Outdoor seating associated with an indoor restaurant or for the consumption of food purchased at a retail establishment will be renewed by Certificate of Zoning Compliance on an annual basis by the Commission to insure that pedestrian ways are not obstructed and to ensure the exterior cleanliness of the establishment is maintained.
A. Restaurant or other indoor food or beverage establishment. An indoor restaurant or other indoor food and beverage establishment will be permitted to have outdoor seating as an accessory use on the property in which the indoor restaurant is located. A restaurant will be permitted to locate additional exterior seating that totals no more than twenty-five percent (25%) of the total approved number of indoor and outdoor seats on site.
B. Retail establishment. A retail establishment will be permitted to have outdoor seating as an accessory use on the property in which the retail business is located when the purpose of the seating is for the consumption of food purchased at retail on the premises such as ice cream or pre-packaged foods not prepared on the premises. A maximum of two (2) tables and eight (8) chairs or two (2) picnic tables are permitted per retail business. The Zoning Commission may permit in its discretion a retail business to exceed the permitted number of outdoor seats as a Special Exception when at a minimum the business can demonstrate that one (1) parking space is provided for every three (3) outdoor seats.
Outdoor seating for all other uses (ie: employee lunch areas, waiting areas, picnic areas, lawn furniture and street furniture) is permitted and does not require a Certificate of Zoning Compliance unless the seating, tables and furniture placed outdoors is for sale or for storage purposes.
Public Utility Substation. A public utility substation or telephone equipment building
located in the Residence B-3 will conform to the following special standards:
A. Any building in connection with the use will have a design that is in harmony with
residential architecture in the neighborhood.
B. Any equipment or utility facilities not located in a building will be enclosed on all
sides by evergreen shrubs or trees, or by buildings, fences, walls or embankments so as
to be screened from view from any other lot or from any street.
Section 54 – Incentive Housing
54.6.1 Minimum Density
Where an incentive housing development contains a mix of the above dwelling types, the land occupied by non-residential uses will not be included in the residential density calculation. The residential densities will be calculated by apportioning the total acreage of the incentive housing development in the same proportion that each type of housing bears to the total number of dwelling units so as to comply with the minimum residential densities and the incentive housing restrictions set forth in this section.
Section 56.4 – Open Space Subdivision
56.4 Initial Procedure
Upon receipt, the Enforcement Officer Land Use Department will transmit the application form and accompanying plans and documents to the Planning Commission, as well as transmit a copy to the Zoning Commission. The Planning Commission may request the Applicant to submit the additional information that the Commission deems necessary to make a reasonable decision on the application. The Planning Commission will review the Conceptual Standard Plan and, by resolution, determine the number of lots that constitute a reasonable subdivision of the land conforming to these regulations and the Subdivision Regulations (hereafter “total lots”). The total lots so determined will constitute the maximum number of lots within the land proposed for Open Space Subdivision. In the event any lot or lots within the land proposed
for Open Space Subdivision are proposed as a PRD, then the total lots will be the maximum number of dwelling units within the land proposed for subdivision, including the land included within any PRD. The Planning Commission will hold a public hearing on the application, decide, and give notice of its decision as required by law. The Applicant may consent in writing to any extension of the time for public hearing and action on the application. The Planning Commission may approve the application, approve it subject to modifications, or disapprove the application. The Planning Commission may approve the application only if it finds that the purposes specified in Paragraph 56.2 will be accomplished, that the standards specified in Paragraph 56.6 will be met and that the Open Space Subdivision Plan will not be detrimental to the public health and safety and property values. Approval of the application under this Paragraph will constitute preliminary approval and will authorize the
Applicant to submit a final Open Space Subdivision Plan.
Section 59 – Coastal Area Management
59.2.5 Construction of new or modification of existing structures incidental to the enjoyment
and maintenance of residential property, including, but not limited to, walks, terraces,
driveways, swimming pools, tennis courts, docks, elevated decks and detached accessory buildings; and
62 – Access, Circulation, Parking & Loading
Loading Spaces
62.3.4 C. Number. In the case of industrial, commercial or other uses served by regular truck traffic, space will be provided for the loading and unloading of trucks at a rate of one space for each fifteen thousand square feet (15,000 s.f.) of gross floor area or fraction thereof.
The foregoing loading requirement is a minimum, and the Commission may require additional loadings paces where the nature of the development, its location or any unique feature of the surrounding area requires additional loading space.
An applicant may submit in writing a waiver request to reduce the dimensions of the loading space for smaller truck deliveries or to eliminate The one (1) required loading space may be eliminated when the gross floor area of the building is less than 15,000 s.f. The Commission in its discretion may grant this waiver upon and the applicant demonstrates that the loading space is unnecessary or impractical for the use and its reduction will not pose circulation or traffic congestion.
63 & 65 - Bonding – Landscaping & Excavation & Grading
63.2 (4th Bullet Point) Any landscaping, trees or plants in a condition that does not fulfill the intent of the approved landscaping plan will be replaced by the property owner during the next planting
season. The Commission may require a separate cash bond as surety bond, in a
form acceptable to the Commission against completion of the requirements to be held by the Commission for two (2) years.
65.6.11 The Applicant will file with the Commission a cash, saving account or surety bond, in a
form acceptable to the Commission, in the amount as the Commission deems sufficient
to insure the faithful performance of the work in accordance with the provisions of this
section; and…
Section 65 – Excavation & Grading
Add new exemption:
65.2.5 Excavation, filling, removal or grading of more than 100 cubic yards (100 yd3) when required for the installation of a Health Code compliant septic system. Fill will not exceed the absolute minimum required to meet the Health Code.
Section 68 – Neighborhood Pattern & Building Design
A. Maximum illuminance density. Exterior lighting should produce a maximum illuminance density in at the edge of each “zones” across any site of no more than:
horizontal & vertical footcandles
Dark 0.01 fc max.
Low 0.10 fc max.
Medium 0.20 fc max.
High 0.60 fc max.
Amend design standard on left of this text as follows:
Maintain a:
“dark zone”
for a park or rural setting;
“low zone”
for a residential area;
“medium zone”
for a commercial, industrial or
“high zone”
for public facilities and high activity uses
68.2.4C Projections into setback. from façade. Pilasters, belt courses, sills, cornices, marquees, canopies, gutters, overhangs, awnings, eaves and similar architectural features and open fire escapes may project into the area required for setback from a street line, property line or Residence District boundary line for the distance specified in the district.
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