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PZC Minutes JUL 21 2009
The Planning and Zoning Commission of the Town of Avon held a meeting at the Avon Town Hall on Tuesday, July 21, 2009.  Present were Duane Starr, Chairman, Henry Frey, Vice-Chairman, Douglas Thompson, and Alternates Elaine Primeau and Marianne Clark.  Mesdames Primeau and Clark sat for the meeting.  Mr. Cappello arrived at 8:30 pm.  Absent were Edward Whalen, Carol Griffin and Linda Keith.  Also present was Steven Kushner, Director of Planning and Community Development.

Mr. Starr called the meeting to order at 7:30 p.m.

PUBLIC HEARING

App. #4421 - Fairway Ridge, LLC, owner/applicant, request for 20-lot Subdivision, 34.65 acres, 135 and 175 Frandel Drive, Parcels 2360135 and 2360175 in an R40 Zone.  

App. #4422 - Fairway Ridge, LLC, owner/applicant, request for Special Exception
under Section IV.A.4.p. of Avon Zoning Regulations to create 1 rear lot, 175 Frandel Drive, Parcel 2360175, in an R40 Zone.  

Present were Guy Hesketh, PE, F.A. Hesketh & Associates; Michael Leaska, owner; and David Sherwood, Moriarty, Paetzold & Sherwood.

Mr. Hesketh reported that an agreement has been reached with Jeanene Ryan (120 Tamara Circle) and Robert Shapiro and Lissa Paris (114 Tamara Circle).  He noted that he has received recommended approval conditions from Town Staff.  Mr. Hesketh commented that the applicant would like consideration to modify Item #3, regarding the “T” intersection at Oakridge and Pioneer Drive.  He noted that 2 options were submitted (Option A shows a “T” intersection and Option B shows an “L” intersection) due to concerns from the neighbors.  Mr. Hesketh noted for the record that the applicant is willing to work with Staff to refine the plan design in connection with snow removal, radius, and materials used.  Mr. Hesketh also noted, for the record, that the applicant would like these plan refinements to be reasonable with regard to the materials used.  

Mr. Starr reviewed his notes from the last meeting.  Stop signs will be added at the intersection of Oakridge Drive and Pioneer Drive.  Mr. Kushner has discussed this with the Police Chief and these signs will be provided by the Town and is not the obligation of the developer.  The Commission has been presented with an option for either a “T” or an “L” intersection at Oakridge and Pioneer and will discuss both scenarios.  Agreements have been executed with the homeowners at both 114 and 120 Tamara Circle.  The construction entrance has been changed to begin at the Tamara Circle end.  The Commission has been advised that the site is essentially balanced other than the material needed for road construction.  Mr. Starr noted that the proposal is to grant the Town a 25-foot strip of land off of proposed Lot #11, for a possible future connection to Frandel Drive from the end of Pioneer Drive.  He concluded by noting that the applicant has offered a fee in lieu of open space dedication.  

Mr. Kushner addressed the proposed approval conditions and noted that Item #5 regarding street addresses falls under the jurisdiction of the Tax Assessor (Ordinance #58).  Mr. Kushner noted that the Tax Assessor has indicated that he is agreeable to allowing the residents at 114 and 120 Tamara Circle to retain their current addresses.  Mr. Kushner explained that the Tax Assessor has recommended and may require that a notice be recorded on the Land Records indicating that when these homes are sold that the next buyers will have a different address that will be assigned by the Tax Assessor.  

Mr. Starr addressed the residents at 114 and 120 Tamara Circle and noted, for the record, that the Tax Assessor has agreed with the homeowners requests to retain their addresses.  Mr. Starr further noted that verbal and written notice has been received from both the Fire Chief and Police Chief that they are against retaining the current addresses due to the potential for a delay in emergency response times.  Mr. Starr noted that it is ultimately the homeowners’ decision but he urged them to thoroughly consider whether they wish to retain their current addresses or obtain a new one.  

Nicholas Canova, 23 Frandel Drive, questioned where the connection to the proposed development will come from.  He questioned whether access will be from Frandel Drive or from Pioneer Drive.

In response to Mr. Canova’s question, Mr. Starr explained that access will be from Pioneer Drive, as the developer does not have control of the property needed for access from Frandel Drive.  Mr. Starr added that the developer is required to give the Town a 25-foot strip of land on proposed Lot #11 to allow for a potential connection, at some point in the future, between the extension of Pioneer Drive and Frandel Drive.  Mr. Starr commented that it is hoped that if the Beth El Cemetery proposes any development in this area in the future that another 25-foot strip of land could be acquired.  Mr. Starr pointed out that even with two 25-foot strips of land, in order to make a road connection the two abutting property owners on Frandel Drive would also have to grant permission.

Mr. Canova noted his concerns with the excessive speeds on Frandel Drive from vehicles coming out of Pioneer Drive.  Mr. Starr pointed out that stop signs will be installed for cars traveling in both directions.  Mr. Canova also noted his concerns with the additional traffic that will occur on Frandel Drive as a result of this development.  In response to Mr. Canova’s questions, Mr. Starr explained that speed bumps cannot be installed on a public road.  Mr. Starr suggested that if the police were alerted to the speed problems in this area that they have various methods that can be used.     
        
In response to Ann Kammerer’s question (11 Pioneer Drive), Mr. Starr noted that construction will begin from Tamara Circle.

Susan Smith, 4 Pioneer Drive, questioned whether her property or plantings will be repaired or replaced if damage is incurred when the “curve” in the road in front of her house is straightened out.  She questioned whether any equipment will be put on her property in order to complete the road work.  

In response to Ms. Smith’s questions, Mr. Starr noted that all the road work will be done in the Town’s right-of-way; all the equipment would be located on Town property.

In response to Ms. Smith’s questions, Mr. Kushner explained that no work or equipment would take place on private property.  

Bon Smith, 4 Pioneer Drive, noted his concerns with the ugliness of the proposed road stub at the intersection of Pioneer and Oakridge Drive.  He submitted photos of the stub at Frandel Drive.  

Mr. Starr explained that the reasoning behind proposing a “T” intersection rather than an “L” intersection is to provide an opportunity for a road connection to Woodland Drive, should it be wanted or needed at some point in the distant future.  Mr. Starr further explained that creating a “T” design gives visual notification to an abutting property owner that there is the possibility of a future road connection someday.  

Mr. Smith commented that a piece of curb could be knocked off to construct a road extension.  He added that if he lived on Woodland Drive, and it is in fact a private road,  he would not want is a connection to Pioneer or Oakridge.  

Mr. Kushner commented that as a result of a meeting today, the Staff is recommending that the Commission consider Option B, which is the “L” intersection design. The Director of Public Works has indicated that it would be difficult to maintain the road with the “T” intersection shown in Option A.  Mr. Kushner explained that the Director of Public Works is not really in favor of either Option but has noted that Option B is closer to the existing conditions.  Mr. Kushner noted that language has been added to the proposed Condition #3 noting that the applicant will have to work with Town Staff regarding the design and materials used for this intersection.  Mr. Kushner noted that the Director of Public Works has indicated that it may be necessary to install a granite curb in this area to minimize damage from plows but has also indicated that he is willing to work with the applicant on this issue.  Mr. Kushner noted that the Town Engineer has indicated that if Woodland Drive were to become a public road, Option B would still allow for an intersection to be designed at some future point.  

Mr. Starr noted that he would defer judgment on this issue to the Staff.  If snow plowing works better with an “L” design he would support that.  

Stephen Aronson, 12 Pioneer Drive, pointed out that proposed condition #3 states that Option B is a “T” design intersection.  He commented that it should be changed, as Option B is an “L” design intersection.     
  
Jeanene Ryan, 120 Tamara Circle, questioned if the development doesn’t occur would her property address still have to change.  Mr. Starr explained that if the development doesn’t occur, all discussions, including proposed address changes, are irrelevant.  Ms. Ryan questioned what street address would be used if her house was sold a year from now, before the project is completed.  

In response to Ms. Ryan’s question, Mr. Kushner explained that specific language could be added to the notice filed on the Land Records.  The obligation to change the address with the sale of the home would only apply following the issuance of the first Certificate of Occupancy for the Fairway Ridge development.   Mr. Kushner recommended that Ms. Ryan communicate with the Tax Assessor on this issue.  

There being no further comments, the public hearing for Apps. #4421 and #4422 was closed.

App. #4447 - Nicholas and Barbara Cecere, owners, Cizek, Inc., applicant, request for
3-lot Subdivision, 2.19 acres, 107 Huckleberry Hill Road, Parcel 2810107 in an R15 Zone.

Present were Brian Denno, Denno Land Surveying & Consulting LLC, and Paul Cizek, applicant.  

Mr. Starr announced that this application is still before the Inland Wetlands Commission and therefore a decision cannot be made tonight.

Mr. Denno displayed a map of the site and noted that the proposal is for a 4-lot subdivision.  Three new lots will have access from School Street; the existing lot is on Huckleberry Hill Road.  Mr. Denno noted that all 3 lots have 100 feet of frontage along School Street and contain the required 15,000 square feet.  

In response to Mr. Starr’s question, Mr. Denno explained that the plans have been revised; the pond was originally going to be used as open space but the Town has indicated they would prefer to receive a payment in lieu of open space land dedication.  

Mr. Denno noted that all 3 lots will be served by existing public water and sewer located on School Street.  The topography on the site is steep; the pond/wetlands will be protected via a conservation restriction/easement.  An existing storm drain in Huckleberry Hill Road currently drains into the pond and eventually ends up in the existing drainage in School Street.  Per instructions from Town Staff, a new drain will be installed in School Street.  The existing house is non-conforming to present zoning regulations and will remain as such.  Mr. Denno noted that the wetlands on the site are man made and are the result of drainage installation many years ago.  He noted that proposed Lot #3 is pushed back, away from the pond.

Mr. Starr questioned the topography of the land between proposed Lots #1 and #2 and proposed Lot #3.  Mr. Denno explained that the land slopes from east to west.  

Mr. Cizek submitted drawings depicting three different scenarios for lot layouts.  Mr. Cizek explained that the first scenario shows the access for proposed Lot #3 running between proposed Lots #1 and #2.  He noted that this layout creates a rear lot and problems with drainage.  Scenario #2 proposes bringing in the entrance for proposed Lot #3 to the west but this would result in most of the wetlands being located on proposed Lot #2 leaving very little room for a house.  Scenario #3 proposes to include the wetlands as part of proposed Lot #3 while maintaining frontage.  Mr. Cizek commented that Mr. Kushner recommended that proposed Lot #3 maintain 30,000 square feet so as to satisfy the area requirements for a rear lot.  He added that the house location for proposed Lot #3 will be pushed back while the house locations for proposed Lots #1 and #2 will be moved forward, resulting in a 100-foot separating distance.

In response to Mr. Starr’s question about clearing on the site, Mr. Denno commented that due to the grading the addition of a berm with plantings on top would be beneficial.  

Mr. Cizek noted that due to concerns about drainage from the Town Engineering Department an attempt has been made to change the drainage pattern.  Mr. Denno explained that, normally, the water drains from east to west on this site.  The Town Engineering Department has requested that as much water as possible is cutoff from running downhill and that it is redirected into the existing drainage on School Street.    

Mr. Starr commented that he is not as uncomfortable with the current plan revisions as he was with the pond being proposed as a separate parcel.  In response to Mr. Starr’s comment, Mr. Cizek noted that there is currently over 100 feet of separating distance between the house location for proposed Lot #3 (rear) and the house locations for proposed Lots #1 and #2 (front).  Mr. Frey questioned what the distance would be from other houses in the area.  Mr. Starr requested Mr. Cizek to provide, for the next meeting, the minimum separating distances between proposed Lot #3 and all the adjoining properties.          
In response to Mr. Frey’s question, Mr. Denno noted that the applicant will grant the Town an easement to allow for maintenance of the existing drainage pipe in Huckleberry Hill Road.  Currently, the Town has no rights to the pipe.  Mr. Frey suggested that the Town Engineering Department check the pipe in Huckleberry Hill Road to ensure that it is in good condition.  
Mr. Kushner concurred.  

In response to Mrs. Clark’s question, Mr. Cizek commented that he would be happy to add some plantings between the 3 lots being proposed, as it would help with erosion.  

Mr. Frey noted that there is ledge on the site and blasting may be required.  Mr. Cizek concurred.  

Mr. Starr noted that he would prefer to see the site as balanced as possible.  Mr. Cizek concurred.  

There being no further input, the public hearing for App. #4447 was continued to the next meeting.

Mrs. Primeau motioned to continue the public hearing for App. #4447 to the next meeting, scheduled for September 15.  The motion, seconded by Mr. Thompson, received unanimous approval.

App. #4448 - BECO LLC, owner, Patricia Holton, applicant, request for Special Exception
under Section VII.C.4.b.(1) of Avon Zoning Regulations to permit detached identification sign,
18 Sandscreen Road, Parcel 3820018, in an I Zone.

Present was Patricia Holton, applicant.

Mr. Starr commented that he has no problem with the proposed sign but noted his concerns about complaints from neighbors about dog barking.  He noted that this problem has been ongoing for two years and explained to Ms. Holton that this issue needs to be resolved before a decision will be made about the sign.  

Ms. Holton commented that she had three beagles at her business last weekend and acknow-ledged that it was noisy.  She noted that she has been in contact with animal control and they indicated that they received a couple of complaints about the barking last weekend.  Ms. Holton noted that she will be meeting with a resident of Sylvan Street tomorrow about a noise complaint.  Ms. Holton noted that she has consulted her staff and will limit the number of beagles allowed at one time.  

Mr. Starr suggested to Ms. Holton that she research information pertaining to sound control for animal shelters to find a resolution to this problem.  

Ms. Holton noted that she believes the problems arise when the dogs are outside and not when they are inside with the doors closed.  

Mr. Starr stated that the public hearing for this sign application will be continued to the next meeting scheduled for September 15.  A resolution to this problem must be obtained before the Commission will make a decision on this application.  

Ms. Holton noted her understanding.

Mr. Frey reported that he knows someone who owns a dog that is no longer allowed to attend
Ms. Holton’s daycare due to bad behavior.  Mr. Frey questioned whether the individual complaining about the dog daycare is the same person who complains about Sanford and Hawley.  Mr. Kushner noted that it is the same person.  

In response to Ms. Holton’s question, Mr. Kushner noted that the only other person that he has received a complaint from lives on Sylvan Street; a neighbor of Mr. Blase.  

Ms. Holton pointed out that the complaints are really only from one person but added that she doesn’t want to be a bad neighbor to anyone.

Mr. Starr noted his understanding.   

Ms. Holton thanked the Commission.

Mrs. Primeau motioned to continue the public hearing for App. #4448 to the next meeting.  The motion, seconded by Mrs. Clark, received unanimous approval.

The public hearing was closed.

PLANNING AND ZONING COMMISSION MEETING

Mr. Frey motioned to waive Administrative Procedure #6 and consider Apps. #4421 and #4422.  Mrs. Clark seconded the motion that received unanimous approval.   

App. #4421 - Fairway Ridge, LLC, owner/applicant, request for 20-lot Subdivision, 34.65 acres, 135 and 175 Frandel Drive, Parcels 2360135 and 2360175 in an R40 Zone.  

App. #4422 - Fairway Ridge, LLC, owner/applicant, request for Special Exception under Section IV.A.4.p. of Avon Zoning Regulations to create 1 rear lot, 175 Frandel Drive, Parcel 2360175, in an R40 Zone.  

Mr. Frey commented that an approval could be based upon Mr. Kushner list of recommended conditions, dated July 16, 2009, and modified July 21, 2009.  He clarified that “Option B” is an “L” intersection design.  

Mr. Kushner suggested an additional condition that the applicant has agreed to.  He suggested that the developer offer to the property owner located at 29 Pioneer Drive (Brien Beakey) ownership of a portion of the additional right-of-way area that will be created in front of his house as a result of the road extension.  Mr. Kushner commented that discussions have taken place but Mr. Beakey is unsure about whether he wants this extra area.  Mr. Kushner noted that if Mr. Beakey decides not to accept this area, it will become part of the Town’s right-of-way.     

Mr. Frey motioned for approval of Apps. #4421 and #4422 subject to the following conditions:

In addition to full compliance with all plans and specifications presented by the applicant, as well as all pertinent Town Regulations including but not limited to Avon Zoning and Subdivision Regulations and the requirements of the Avon Engineering Department, the Avon Traffic Authority, and the Farmington Valley Health District, the applicant shall also comply with the following special conditions:

1.      The revised phasing plan shown on Sheets PH1 and PH2 dated 7/14/09 shall be adhered to.  Applicant shall be required to complete all public improvements along Fairway Ridge from Tamara Circle to Pioneer Drive with the exception of the finished course of pavement prior to the issuance of any Certificate of Occupancy for any structure.  Work shall begin at the Tamara Circle end of the project and proceed in a northerly direction.

2.      The Commission recognizes the applicant’s offer to make a payment in lieu of the dedication of open space.  The applicant shall hire a licensed real estate appraiser from the pre-approved list adopted by the Planning and Zoning Commission.  This appraisal shall be completed and submitted to the Commission for review and approval prior to the filing and recording of the record subdivision plans.  In addition, in accordance with Town and State Regulations, a lien shall be placed on each of the lots which shall be satisfied prior to the conveyance of each lot.  

3.      Applicant shall construct the “L” intersection known as Option B (Proposed Improvements at Pioneer and Oakridge, plan submitted to Town 7/14/09, revised to 7/13/09), in accordance with the requirements of the Avon Engineering Department and the Avon Traffic Authority.  This work shall be completed prior to the issuance of the first Certificate of Occupancy within the development.  It is the developer’s responsibility to manage and account for seasonal construction constraints that may cause a delay in the issuance of a Certificate of Occupancy.  In addition, the applicant shall work with Town Staff including the Town Engineer and Public Works Director to refine the design in order to better accommodate snow removal operations including but not limited to materials, radius, and location of stop bars and stop signs.    
                                              
4.      Record plans shall be modified in the vicinity of Lot #11 to include a reduction in lot area for Lot #11 and the dedication of a 25-foot-wide strip of land which comprises a portion of the former Frandel Drive.  This strip of land may be used by the Town in the future to create an intersection between Pioneer Drive and Frandel Drive, providing an eventual connection with Oakridge Drive.  This additional 25-foot strip of land shall be deeded to the Town in fee along with all other rights of ways following the completion of the project.  

5.      Applicant must comply with Town of Avon Ordinance #58 regarding the two existing homes located at 114 and 120 Tamara Circle, as directed by the Tax Assessor.  If these street addresses are to remain unchanged, the applicant shall be responsible for working with the Avon Public Works Department in the manufacture and installation of additional signage at the intersection of Fairway Ridge and Tamara Circle.  The cost of this additional signage is to be borne by the applicant.

6.      In addition to the paved road stub at the intersection of the future roadway between Lots #3 and #4, the applicant shall clear, rough grade, topsoil and seed the entire length of the future road as a means to provide notice to the buyers of Lots #3 and #4 regarding this future extension.  This work shall be completed prior to the sale of either Lot #3 or Lot #4.  In addition, specific notification is to be given to the buyers of Lots #3 and #4 that this land area is or will become the property of the Town of Avon for the purposes of a future roadway.

7.      As a means to alert buyers of Lots #10 and #11, the applicant shall clear, rough grade, topsoil and seed the future road extension of Pioneer Drive.  This work shall be completed prior to the sale of either Lot #10 or Lot #11.  In addition, specific notification is to be given to the buyers of Lots #10 and #11 that this land area is or will become the property of the Town of Avon for the purposes of a future roadway
        
8.      Regarding the 10” PVC drainage pipe and headwall along the street line in front of 30 Pioneer Drive to facilitate drainage of the low area on 30 Pioneer Drive, the developer understands that the drainage pipe and structure for this private drainage shall not be constructed within the Town’s right-of-way.  The drainage design shall be refined to comply with the requirements of the Avon Engineering Department.  

9.      The applicant shall extend an offer to deed an excess strip of land to Brien Beakey, 29 Pioneer Drive.  That is, a strip which is in excess of the required 50-foot right-of-way adjacent to 29 Pioneer Drive.  If Mr. Beakey accepts this extra land, it shall be deeded to him prior to the issuance of the first Certificate of Occupancy.  Should Mr. Beakey decline the offer, this strip of land shall be deeded to the Town along with all other conveyances to the Town at the completion of the project.  

The motion, seconded by Mrs. Clark, received unanimous approval.

NEW APPLICATIONS

App. #4449 - OAVX Associates, LLC, owner, Viron Rondo, applicant, request for Site Plan Approval to modify previously approved Sign Concept for Old Avon Village, Buildings 1-5,
1 East Main Street, Parcel 2140001 in a CS Zone.

Mrs. Primeau stepped down.

Present were Ann August, OAVX Associates, LLC; Viron Rondo, applicant; and Michael Boe, Boe Studio.

Ms. August commented that the proposal is to change the sign theme for Buildings 1-5 to allow signs with channel letters, as opposed to sign boards/panels.

In response to Mr. Starr’s question, Ms. August confirmed that any new tenants for this building will be required to follow the new theme utilizing channel letters.  

Mrs. Clark motioned for approval of App. #4449.  The motion, seconded by Mr. Frey received approval from Mrs. Clark and Messrs. Frey, Thompson and Starr.     

App. #4450 - Briarcliff Swimming and Recreation Club, Inc. owner, Avon Water Company, applicant, request for Site Plan Modification to adjust existing property lines, 107 Craigemore Circle, Parcel 1960107, in an R30 Zone.

Mrs. Primeau returned to the meeting.

Present were Robert Wesneski, President, Avon Water Company; and Andre Rossignol, Vice-President, Briarcliff Swimming and Recreation Club.

Mr. Wesneski explained that the proposal is to modify the previously approved Site Plan.  The Avon Water Company has a tentative agreement with the swim club to purchase some land area around the existing pump house, which is very small.  Mr. Wesneski noted that this extra land area would allow for a future expansion of the pump house to deal with water quality issues, should it be needed, but he noted that there are no plans at this time.  Cross easements will be provided for both parties.  Mr. Wesneski noted that purchasing this small area of land will help the swim club to be able to meet their financial obligations.      

Mr. Kushner pointed out that the approved site plan shows future parking and if the membership of the swim club significantly increased there may be a need for more parking.  Mr. Kushner noted that Mr. Wesneski has indicated that if extra parking becomes necessary in the future, the Avon Water Company has agreed to relocate any needed parking in another location.  The new location would be worked out between Briarcliff and the Avon Water Company.  Mr. Kushner noted that it is unlikely that any additional parking will be needed in the near future.      

Mrs. Clark motioned for approval of App. #4450.  The motion, seconded by Mrs. Primeau, received unanimous approval.  

OTHER BUSINESS

Library Expansion - Section 8-24 Referral

Present was Blythe Robinson, Assistant Town Manager.

Ms. Robinson noted that the resolution has been prepared by the bond attorney.  She commented that a referendum is planned for October 2009 and if it passes there will be 5 to 6 months of design work needed before any renovations would begin.



RESOLUTION OF PLANNING AND ZONING COMMISSION
SECTION 8-24 REFERRAL

Planning and Zoning Commission Meeting
July 21, 2009

Avon Free Public Library Renovations and Additions Project:    
On a motion by Mrs. Clark, seconded by Mr. Frey, it was voted:
        RESOLVED, that the Planning and Zoning Commission of the Town of Avon approves the following project pursuant to the provisions of Section 8-24 of the General Statutes of Connecticut:

Renovations and additions to the Avon Free Public Library at 281 Country Club Road in Avon, and related improvements and appurtenances, contemplated to include building additions of approximately 22,000 square feet, renovations to the existing building, furniture, shelving, circulation, children’s and reference desk additions and improvements, telephone system improvements, security system improvements, technology improvements, a self checkout system, site improvements and other related work, substantially in accordance with the preliminary schematic drawings prepared by Tuthill and Wells Architects, L.L.C., dated August 16, 2008 and entitled “Additions and Alterations – Avon Free Library”;    

provided that, that this resolution is for approval of conceptual plans only.  The project is subject to and shall comply with all applicable zoning, site plan, inland wetland and other laws, regulations and permit approvals, and this resolution shall not be a determination that any project is in compliance with any such applicable laws, regulations or permit approvals.

Mrs. Clark and Messrs. Starr, Frey, and Thompson voted in favor of the resolution.  Mrs. Primeau abstained.

STAFF REPORT

Mr. Kushner offered information regarding the sidewalk improvement project for Avon Center.  This project involves the reconstruction of the sidewalk system beginning at the Town Green and extending to the Congregational Church, located on the corner of Route 10 and Route 44.  Funding for this project comes from a STEAP (Small Town Economic Assistance Program) Grant that was awarded by the State.  The bid will be released next week and a contract is expected to be awarded at the Town Council’s September 3 meeting.  

In response to Mrs. Primeau’s questions, Mr. Kushner explained that there is currently a missing link in the sidewalk where Rails to Trails ends at the intersection of Climax Heights Road and Ensign Drive (at the entrance to the Town Hall).  A piece of sidewalk will be added along Ensign Drive and extend out to the intersection with Route 44; the sidewalk will continue to the front of the Ensign Bickford shops, go across to Woodford Avenue, and extend down to the Congregational Church.  Mr. Kushner noted that the detail includes a granite curb along the edge of Route 44; a 3-foot to 4-foot grass strip; a 5-foot-wide walkway; and decorative lighting on the inboard side.  The cedar trees on the Town Green are expected to be removed and replaced with shade trees.  Mr. Kushner added that some of the sidewalks are located on State property and some are located on private property.  

Mr. Frey questioned whether the open space funds could be used for the sidewalk project.  
Mr. Kushner noted that he doesn’t know but he would find out.

NON PRINTED ITEM ADDED TO THE AGENDA

Mrs. Primeau motioned to add to the agenda a request for a 2-year extension of conditional approval for the Weatherstone Subdivision.  The motion, seconded by Mr. Thompson, received unanimous approval.

Request for 2-year extension of conditional approval for Phase III (App. #4304) of the Weatherstone Subdivision

Mr. Thompson motioned for approval of a 2-year extension to the conditional approval granted for App. #4304 on July 24, 2007.  The motion, seconded by Mrs. Clark, received unanimous approval.  

There being no further business, the meeting adjourned at 8:30 p.m.

Respectfully submitted,



Linda Sadlon, Clerk

LEGAL NOTICE
TOWN OF AVON

At a meeting held on July 21, 2009, the Planning and Zoning Commission of the Town of Avon voted as follows:


App. #4421 -  Fairway Ridge, LLC, owner/applicant, request for 20-lot Subdivision, 34.65 acres, 135 and 175 Frandel Drive,  Parcels 2360135 and 2360175 in an R40 Zone.  APPROVED WITH CONDITIONS.

App. #4422 -  Fairway Ridge, LLC, owner/applicant, request for Special Exception under Section IV.A.4.p. of Avon Zoning Regulations to create 1 rear lot, 175 Frandel Drive, Parcel 2360175, in an R40 Zone.  APPROVED WITH CONDITIONS.

App. #4449 -  OAVX Associates, LLC, owner, Viron Rondo, applicant, request for Site Plan Approval to modify previously approved Sign Concept for Old Avon Village, Buildings 1-5, 1 East Main Street, Parcel 2140001 in a CS Zone.  APPROVED.

App. #4450 -  Briarcliff Swimming and Recreation Club, Inc. owner, Avon Water Company, applicant, request for Site Plan Modification to adjust existing property lines, 107 Craigemore Circle, Parcel 1960107, in an R30 Zone.  APPROVED.

Dated at Avon this 22nd day of July, 2009.  Copy of this notice is on file in the Office of the Town Clerk, Avon Town Hall.

PLANNING AND ZONING COMMISSION
Duane Starr, Chairman
Henry Frey, Vice_Chairman and Secretary