The Planning and Zoning Commission of the Town of Avon held a meeting at the Avon Town Hall on Tuesday, April 27, 2010. Present were Duane Starr, Chairman, Henry Frey, Vice-Chairman/Secretary, Douglas Thompson, David Cappello (arrived 7:35 pm), Linda Keith,
and Edward Whalen, and Alternates Donald Bonner and Elaine Primeau (arrived 8:00 pm). Mr. Bonner sat for the meeting. Absent were Carol Griffin and Alternate Marianne Clark. Also present was Steven Kushner, Director of Planning and Community Development.
Mr. Starr called the meeting to order at 7:30 p.m.
APPROVAL OF MINUTES
Ms. Keith motioned for approval of the April 6, 2010, minutes, as submitted. The motion, seconded by Mr. Bonner, received approval from Ms. Keith and Messrs. Bonner, Starr, Frey, and Thompson. Mr. Whalen abstained as he was not present at the April 6 meeting.
PUBLIC HEARING
App. #4480 - CT Valley Developers, LLC, owner/applicant, request for Special Exception under Section IV.A.4.p. of Avon Zoning Regulations to permit one rear lot, 415 Lovely Street, Parcel 3060415, in R30 and R40 Zones.
App. #4481 - Salmon Brook Development LLC, owner/applicant, request for 2-lot subdivision, 1.82 acres, 4 and 10 Southgate, Parcels 5390004 and 5390010 in R30 and R40 Zones.
Mr. Starr announced that the applicant has requested that the public hearing for Apps. #4480 and #4481 be continued to the next meeting, scheduled for May 18.
Mr. Whalen motioned to continue the public hearing for Apps. #4480 and #4481 to the Commission’s next meeting, scheduled for May 18. The motion, seconded by Mr. Thompson, received unanimous approval.
App. #4482 - Three Ninety Five Deercliff Partners LLC, owner/applicant, request for Special Exception under Section IX.E. of Avon Zoning Regulations to permit house and pool construction within 150-foot ridgeline setback, 395 Deercliff Road, Parcel 2090395, in an RU2A Zone.
Present to represent this application were John Stewart, landscape architect, CR3 LLP; Jack Kemper, architect, Kemper Associates Architects, LLC; and Mike Sweeney, builder.
Mr. Stewart explained that the subject site was approved for a different owner in 2005 but the house was never built; nothing has been done on the lot. The lots located on either side of the subject site have been built on. He noted that the subject lot is the former site of the Cliff House (former Traveler’s property); the stonewall that was part of the Cliff House property remains and has been untouched. Mr. Stewart pointed out that none of the proposed house is located in front of the 150-foot setback line; the closest portion is 36 feet away. He noted that his client wishes to preserve the existing trees on the site. Effort has been made to preserve the trees in the cul-de-sac area but many of the trees in the area intended for the septic system will have to come down. Mr.
Stewart noted that the intention is to plant trees in the area behind the house to recreate the tree line. Additional large trees (white spruces, Norway spruces, Douglas firs) are proposed to supplement the existing buffers located between the subject site and the adjoining properties. He noted that the existing house to the south is located behind the setback line and the pool is located within the 75-foot buffer; the house to the north is located in front of the setback line and the pool is almost touching the 75-foot buffer. The proposed house is completely behind the buffer area; the proposed pool spans the 75-foot buffer and the intent is to construct a small (200 square feet) pool house which would be located on the setback line. The proposed house is two-stories with approximately 8,700 square feet. Mr. Stewart displayed a cross section drawing showing the original house proposal from 2003, as well as the current proposal (the current proposal
shows the house farther back from the ridge than the original proposal). He noted that because the proposed house is located farther back from the ridge and is also shorter than was the original house proposal, there should be no issue with being able to see the roof from below. He pointed out that the proposed house colors are very subdued in an attempt to make it blend in, as much as possible, with the ridgeline.
Mr. Starr acknowledged that if the proposed pool wasn’t located inside the 150-foot setback line there would be no need for an application. Mr. Stewart concurred and added that the owner, at this point in time, doesn’t intend to build a pool but because it may be wanted in the future it was decided that an application should be presented.
In response to Ms. Keith’s question, Mr. Stewart noted that there aren’t any trees located in the area where the pool is proposed.
In response to Mr. Cappello’s question, Mr. Stewart noted that the west elevation of the house faces the ridgeline.
There being no further input, the public hearing for App. #4482 was closed.
App. #4483 - Power Test Realty Company, owner, Core States Group, applicant, request for Special Exception under Sections VII.C.4.b.(1) and VII.C.4.b.(5) of Avon Zoning Regulations to permit detached identification sign and gas price sign, 441 West Avon Road, Parcel 4520441, in an NB Zone.
App. #4484 Power Test Realty Company, owner, Core States Group, applicant, request for Special Exception under Section VII.C.4.b.(7) of Avon Zoning Regulations to permit wall and canopy signs, 441 West Avon Road, Parcel 4520441, in an NB Zone.
Present to represent these applications was Enrico Tamburri, Core States Group, applicant.
Mr. Tamburri explained that Core States Group is working on behalf of Green Valley Oil who has obtained the rights to convert 180 Getty gas stations in New England to Bp gas stations. The subject site is one of the 180 sites. He noted that the proposed replacement detached sign is made of wood (offering a colonial look/effect) and hopefully meets the Town’s requirements. Mr. Tamburri noted that wood is not the standard material but Green Valley Oil has agreed, as they want to work with the Town. He noted that the proposal is to replace the existing monument sign, add 2 small signs/logos on the existing canopy (north and south elevations),
and add a small “Shop” sign over the front door.
In response to Mr. Starr’s question, Mr. Tamburri explained that the current lighting for the monument sign is exterior illumination and no changes are proposed.
Mr. Tamburri reviewed the drawing for the detached sign and noted that the entire sign is made of wood; the gas price numbers are plastic because they change. All the paint used will be non-reflective. The replacement monument sign will be the same size as the existing sign and will be installed between the existing brick columns. He pointed out that the street address will be added to the top of the sign, to conform to the Zoning Regulations. The existing painted areas will be repainted with an off-white color (Bp Pearl).
In response to Mr. Starr’s question, Mr. Tamburri noted that all the extra unapproved signage located on the outside of the building will be removed. He noted that he took photographs of the site before the meeting and added that he will inform his client that these signs must be removed.
Mr. Tamburri continued and noted that the proposed wooden “Shop” wall sign will not be illuminated in any way. The canopy is currently a silver-gray color that is proposed to be repainted off white, “Bp Pearl”. Two wooden signs (logos) are proposed for the north and south elevations (nothing is proposed on the canopy elevation that faces West Avon Road). He added that no illumination of any kind is proposed for the canopy.
Mr. Starr noted that there are currently signs on the columns of the canopy. Mr. Tamburri noted that the signs on the canopy columns will come down and reiterated that all the extra signage located on the outside of the building will come down as part of this proposal. He added that Bp requires the removal of the existing sign boxes (4 total) attached to the canopy columns. Mr. Tamburri concluded by noting that the gas pump dispensers will be reskinned/refaced using Bp colors and logos.
Mr. Starr commented that sometime after the last approval for this site a speaker system was installed that plays music and advertising outside at the gas pumps. He noted that the Commission would not approve an outdoor speaker system in a Neighborhood Business Zone and asked whether it could be removed.
Mr. Bonner noted that the outdoor speakers are very annoying; he added that the adjacent residential homes can probably hear the sound coming from these speakers.
In response to Mr. Starr, Mr. Tamburri noted that he wasn’t aware of the speaker system but added that he will check into it.
Mr. Cappello commented that he doesn’t think the speakers are that loud and asked if the Town had ever received complaints about it.
Ms. Keith noted that the speakers make it difficult to speak with someone inside a car while pumping gas; it’s annoying.
Ms. Keith asked whether the advertising proposed on the top of the pump is permitted.
Mr. Kushner explained that the Town generally does not permit advertising on the top of the pump but modest logos on the pump itself that can be read by the customers but not be seen from the road have been allowed. He added that the Bp logo shown on the upper right hand corner is consistent with what other gas stations have. Mr. Tamburri agreed and noted that some of the logo/text was reduced from what was originally proposed. Mt. Tamburri explained that the word “invigorate” was removed from the blue oval area on the bottom of the pump. Mr. Tamburri commented that the pump proposal has been subdued and will be much more attractive than what currently exists.
Ms. Keith asked about the words “Bp gasoline” and “invigorate” on the bottom of the proposed detached sign. She noted that the lettering will be small and cars going by will try to read it. She asked if this could be removed, as it doesn’t exist on the current detached Getty sign.
In response to Mr. Kushner’s questions, Mr. Tamburri noted that the words shown on the bottom of the proposed detached sign are approximately 3 to 4 inches high. He commented that while the words would not necessarily be read by passing motorists the graphics and logo/coloring scheme are part of the Bp package tradition.
Mr. Cappello commented that the street address numbers look large; he noted his concern that someone might think “441” is the price of the gas.
Mr. Thompson pointed out that the “441” letter height is 9 inches, in accordance with the Zoning Regulations. Mr. Kushner concurred and added that the 9 inch letter recommendation came from the Fire Chief.
Mr. Bonner asked whether the size of the numbers (441) could be made smaller and the words “West Avon Road” added to the sign for clarity. Mr. Tamburri commented that the numbers and the words could not all fit using a 9-inch font. Mr. Starr noted that the Zoning Regulations require the street number on the top of the sign. Mr. Bonner noted his understanding but added that the sign is unclear as proposed.
There being no further input, the public hearing for Apps. #4483 and #4484 was closed, as well as the entire public hearing.
PLANNING AND ZONING COMMISSION MEETING
Ms. Keith motioned to waive Administrative Procedure #6 and consider Apps. #4482, #4483, and #4484. Mr. Frey seconded the motion that received unanimous approval.
App. #4482 - Three Ninety Five Deercliff Partners LLC, owner/applicant, request for Special Exception under Section IX.E. of Avon Zoning Regulations to permit house and pool construction within 150-foot ridgeline setback, 395 Deercliff Road, Parcel 2090395, in an RU2A Zone.
Mr. Starr reviewed the Commission’s criteria, in accordance with the Zoning Regulations, for granting special exceptions for activities within the ridgeline setback and noted that the proposed in ground pool will not be visible from the road; wildlife passage would not be affected, as the pool doesn’t cover that much area; no impact to groundwater quality and recharge would result; no areas of historic or archaeological importance have been identified; and the ridgeline stability is not affected. Mr. Starr concluded that the proposal meets the standards of the Zoning Regulations.
Mr. Thompson motioned for approval of App. #4482. The motion, seconded by Mr. Frey, received unanimous approval.
App. #4483 - Power Test Realty Company, owner, Core States Group, applicant, request for Special Exception under Sections VII.C.4.b.(1) and VII.C.4.b.(5) of Avon Zoning Regulations to permit detached identification sign and gas price sign, 441 West Avon Road, Parcel 4520441, in an NB Zone.
App. #4484 Power Test Realty Company, owner, Core States Group, applicant, request for Special Exception under Section VII.C.4.b.(7) of Avon Zoning Regulations to permit wall and canopy signs, 441 West Avon Road, Parcel 4520441, in an NB Zone.
Mr. Starr reviewed possible conditions of approval and commented that the speaker system should be removed. Mr. Cappello noted that he doesn’t have a problem with the speaker system. Mr. Starr explained that the speaker system was never approved by the Commission and would not be allowed by right in the Neighborhood Business Zone. Mr. Kushner noted that there are homes across the street.
Ms. Keith noted that she would prefer the extraneous information be taken off the road sign. She also requested that the font used for the street number be different than the font used for the gas price numbers. Mr. Tamburri noted his understanding and added that he doesn’t feel it would be a problem to use two different fonts. Mr. Bonner added that he feels it would be helpful to use two very different fonts.
Mr. Kushner noted, for the record, the Commission’s expectations in connection with the numerous illegal signs that currently exist on the site. He suggested making removal of the illegal signs a condition of approval. Mr. Starr clarified that this condition would only involve signs on the outside of the building, not signs inside the building. Mr. Kushner concurred and added in response to Ms. Keith’s comments that it would be consistent with other gas stations in Town if Bp scaled back some of the logos and decals for the pumps that are shown on the drawings. He noted that the logo shown at the top of the pumps is consistent with what the Mobil station has. Mr. Kushner asked if there has ever been a manufactured pump panel that didn’t have decals on the bottom. Mr.
Tamburri noted that he has never seen a pump panel without the decals on the bottom and reiterated that it was a struggle to get the word “invigorate” taken off. Mr. Tamburri noted that Bp agreed to wooden signs for this site; all the other sites have plastic signs. He commented that he feels this proposal will fit into the surrounding neighborhood.
Ms. Keith commented that the Commission has forced other businesses to take off extra advertising on the gas pumps. Mr. Whalen commented that the information on the pumps is part of the company’s trademark/logo. Ms. Keith commented that the colors are okay but there doesn’t have to be as many signs. She added that she has a problem with the words on the bottom of the detached sign and the extra signage on the pump. She noted earlier comments by both Mr. Starr and Mr. Kushner and added that other businesses have been asked to scale back this type of signage and it is important to be consistent.
In response to Mr. Whalen’s question, Mr. Starr noted that he personally does not have a problem with the signage proposed on the pumps. Mr. Whalen noted his agreement and added that the word “Getty” is found on the bottom of the existing pumps.
Mr. Whalen motioned for approval of Apps. #4483 and #4484 subject to the following conditions:
1. All unapproved signage located on the outside of the building shall be permanently removed.
2. The outdoor speaker system shall be removed.
Mr. Frey seconded the motion that received unanimous approval.
OUTSTANDING APPLICATION
App. #4479 - Church of Saint Ann, owner/applicant, request for Site Plan Approval for building addition and parking lot renovation, 289 Arch Road, Parcel 1090289, in an R40 Zone.
Present were Russ Cook, Special Projects Manager, Church of St. Ann; George Andrews, PE, Loureiro Engineering Associates, Inc.; and Jeff Gebrian, Landscape Architect, CR3 LLP.
This application was tabled from the April 6 meeting.
Mr. Andrews reviewed the revisions to the plan set since the April 6 meeting. He noted that several modifications were made to the Site Utilities Plan. Two additional handicap parking spaces were added near the handicap ramp located near the church entrance. A total of 8 handicap spaces is proposed with 199 parking spaces in total. A stairway has been added for access to Arch Road from the Miller Foods parking lot. He addressed concerns at the last meeting regarding bus drop offs and noted that the proposal is for the bus to enter the site from West Avon Road and proceed to the rear parking lot where an additional handicap ramp has been added. Mr. Andrews noted that a drainage manhole has been identified on the plan and a chiller pad has been added in association with the air conditioning
system.
Mr. Andrews reviewed the Grading and Sedimentation and Erosion Control Plan and noted that a detail in connection with the infiltration trench has been provided at the Town Engineer’s request.
Mr. Andrews submitted, for the record, an approval letter from the Farmington Valley Health District for the septic system.
Mr. Gebrian explained that the landscape plan was modified only to show the proposed walkway from Miller Foods and the additional handicap parking spaces. There is an existing buffer on the south side of the site, located where the new parking will be constructed. He noted that the existing buffer area (berm) along Alexandra Lane will not be disturbed as part of this project; the existing parking will remain as well as the existing driveway. There are many deciduous plants located on the berm (18 inches to 3 feet high) that exists between the existing parking lot and the road. Mr. Starr asked Mr. Cook whether the 6 handicap parking spaces proposed in the front is adequate. Mr. Cook noted that he doesn’t believe there has ever been a problem with handicap parking; he added that he has
never received a complaint. Mr. Starr noted that he would be comfortable allowing the conversion of 3 additional parking spaces into 2 handicap spaces for a total of 10 handicap spaces and 198 spaces overall.
In response to Mr. Cappello’s question, Mr. Cook noted that currently there are 6 handicap spaces in front and 2 in the rear; the proposal is to have the same number, a total of 8 handicap spaces.
Mr. Bonner noted that parking spaces are lost in the winter when snow plowing occurs. Mr. Cook explained that he has informed the company responsible for the snow plowing that parking spaces can no longer be lost during snow removal. Ms. Keith suggested that the snow be placed in the grassed area near Alexandra Lane. Mr. Bonner concurred.
There being no further discussion, Ms. Keith motioned for approval of App. #4479. The motion, seconded by Mr. Bonner, received unanimous approval.
OTHER BUSINESS
Request for 90-day extension to file mylars in connection with 2-lot subdivision for Central CT Health Care Alliance - PZC Apps. #4462-63.
Mr. Thompson motioned for approval to grant a 90-day extension to file mylars in connection with Apps. #4462 and #4463. The motion, seconded by Mr. Bonner, received unanimous approval.
Request for 1-year extension of Site Plan Approval - App. #4438 - 221 West Main Street (Bauer)
Mr. Thompson motioned for approval to grant a 1-year extension of the Site Plan Modification for App. #4438. The motion, seconded by Mr. Bonner, received unanimous approval.
STAFF REPORT
Proposed Master Plan for Avon Park North
Mr. Kushner noted that a large meeting is scheduled for April 28 to discuss the proposed development for Avon Park North. Attendees at the meeting will include Ensign-Bickford Realty Corporation, Milone and MacBroom (engineering, planning, architectural consultants, Cheshire), The Cecil Group (planning and design consultants, Boston), Planimetrics, and various Town Staff members. He noted that Ensign Bickford has been making progress in their discussions with CREC. He acknowledged the Commission’s concerns regarding a school in this area but noted that CREC is interested and has contracted for some preliminary site work. The proposed school building would be two stories but the site would be graded such that a view of the school from Climax Road would be a one-story building while a view from
Bickford Drive would be a two-story building. Mr. Kushner noted that CREC has asked to be placed on the May 18 agenda to discuss this proposal informally with the Commission.
Proposed Redevelopment - 20 Security Drive
Mr. Kushner noted that the plans for 20 Security Drive are progressing. A meeting with this project team is scheduled for next week; the applicant would like to present an update to the Commission at their May or June meeting.
There being no further business, the meeting adjourned at 8:15 p.m.
Respectfully submitted,
Linda Sadlon, Clerk
LEGAL NOTICE
TOWN OF AVON
At a meeting held on April 27, 2010, the Planning and Zoning Commission of the Town of Avon voted as follows:
App. #4479 - Church of Saint Ann, owner/applicant, request for Site Plan Approval for building addition and parking lot renovation, 289 Arch Road, Parcel 1090289, in an R40 Zone. APPROVED.
App. #4482 - Three Ninety Five Deercliff Partners LLC, owner/applicant, request for Special Exception under Section IX.E. of Avon Zoning Regulations to permit house and pool construction within 150-foot ridgeline setback, 395 Deercliff Road, Parcel 2090395, in an RU2A Zone. APPROVED.
App. #4483 - Power Test Realty Company, owner, Core States Group, applicant, request for Special Exception under Sections VII.C.4.b.(1) and VII.C.4.b.(5) of Avon Zoning Regulations to permit detached identification sign and gas price sign, 441 West Avon Road, Parcel 4520441, in an NB Zone. APPROVED WITH CONDITIONS.
App. #4484 - Power Test Realty Company, owner, Core States Group, applicant, request for Special Exception under Section VII.C.4.b.(7) of Avon Zoning Regulations to permit wall and canopy signs, 441 West Avon Road, Parcel 4520441, in an NB Zone. APPROVED WITH CONDITIONS.
Dated at Avon this 28th day of April, 2010. 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
LEGAL NOTICE
TOWN OF AVON
The Planning and Zoning Commission of the Town of Avon will hold a Public Hearing on Tuesday, May 18, 2010, at 7:30 P. M. at the Avon Town Hall, on the following:
App. #4485 - Sunset of Avon, LLC, owner, Josh Livingston, applicant, request for Special Exception under Section VI.C.3.d.of Avon Zoning Regulations to permit fitness studio, 260 West Main Street, Parcel 4540260, in a CR Zone.
All interested persons may appear and be heard and written communications will be received. Applications are available for inspection in Planning and Community Development at the Avon Town Hall. Dated at Avon this 4h day of May, 2010.
PLANNING AND ZONING COMMISSION
Duane Starr, Chairman
Henry Frey, Vice_Chairman and Secretary
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