The Planning and Zoning Commission of the Town of Avon held a meeting at the Avon Town Hall on Tuesday, April 26, 2011. Present were Duane Starr, Chairman, Douglas Thompson, Vice-Chairman/Secretary, Carol Griffin, Linda Keith, David Cappello, Peter Mahoney, and Alternates Elaine Primeau and Donald Bonner. Mrs. Primeau sat for the meeting. Absent were Marianne Clark, and Alternate Christian Gackstatter. Also present was Steven Kushner, Director of Planning and Community Development.
Mr. Starr called the meeting to order at 7:30 pm and welcomed Mr. Mahoney as a new Commission member.
APPROVAL OF MINUTES
Mr. Thompson motioned to approve the April 5, 2011, minutes, as submitted. The motion, seconded by Mr. Cappello, received approval from Messrs. Thompson, Cappello, Starr, and Mrs. Griffin. Ms. Keith, Mrs. Primeau, and Mr. Mahoney abstained, as they had not been present at the April 5 meeting but noted that they have read the minutes and are familiar with the content.
Mr. Starr explained that Alternate members, when not sitting, can only participate during the public hearing portion of the meeting. Mrs. Primeau noted her understanding and conveyed her appreciation for the clarification.
PUBLIC HEARING
App. #4533 - Stephan Brothers Realty, LLC, owner, Dave Olson, applicant, request for Special Exception under Section VI.C.3.b.of Avon Zoning Regulations to permit Class III restaurant, 177 West Main Street, Parcel 4540177, in a CR Zone.
Present were David Olson and Jeff Reardon, applicants.
Mr. Olson explained that the proposal is for a Class III restaurant, Barzzini’s Pizza and Pasta, to be located at 177 West Main Street. He noted that the proposed restaurant would be similar to Olee’s Pizza but on a larger scale.
In response to Mr. Starr’s question, Mr. Olson noted that the restaurant would occupy the space where Maynard’s Bridal is currently located, which is approximately 2,500 square feet.
Mr. Olson noted that the restaurant would offer sit down, carryout and delivery; 75% would be delivery and 25% would be combined sit down and carryout. He added that the restaurant would cater to local clientele. Mr. Olson commented that he feels there would be plenty of parking, as Sartorious Sports does not generate a lot of traffic; there are a total of 51 spaces in the parking lot, which includes 2 handicap spaces. The peak times for the restaurant would be 11:30 am to 11:30 and then from 6 pm to 8 pm and would not conflict with the peak times for the other businesses.
In response to Mrs. Griffin’s question, Mr. Olson noted that the delivery people (4 to 5) would use the rear entrance; delivery vehicles would park on the east side of the building (5 spaces).
In response to Mr. Starr’s question, Mr. Olson confirmed that the delivery vehicles would be driver owned and not parked in the lot when the business is closed.
In response to Ms. Keith’s question, Mr. Olson noted that the employees (3 to 4) would park on the west side of the building to keep the front open for customers. He noted that there are also plenty of spots on the Sartorious Sports side that do not get used.
In response to Mr. Cappello’s question, Mr. Olson noted that Olee’s Pizza in Avon was primarily pickup and delivery and therefore parking was not an issue. The proposed restaurant would have between 24 and 30 seats whereas Olee’s Pizza didn’t have any.
Mr. Starr inquired about the ventilation system noting that Pond Place (residential) is fairly close to the subject site. Mr. Reardon explained that ventilation would be addressed via the use of a captive air system. The system has an internal charcoal filter to absorb food odors. He noted that there would not be many fried foods offered.
Mr. Kushner commented that he believes that a condition of approval has been placed on other restaurants in the past such that no odors are detectable at the common property line.
In response to Mr. Kushner’s question, Mr. Reardon explained that the supplier has indicated that there have not been any issues with the captive air system; it’s a top-of-the-line system with a complete line of filters and re-circulating air system.
In response to Ms. Keith’s questions, Mr. Kushner noted that the applicant would need to find a space in the rear to house a grease dumpster. Mr. Reardon explained that the grease dumpster is the applicant’s responsibility and added that he will be meeting with the property owner to decide on a location. Mr. Olson noted that the grease dumpster would be enclosed. Mr. Olson explained that deliveries would occur in the morning before 10:30 am or between 2 pm and 4 pm but would never be as early as 6 am. The Commission noted that it is important that deliveries and trash pickup not be too early in consideration of the nearby residential properties.
In response to Mr. Kushner’s question, Mr. Olson and Mr. Reardon noted that they will be responsible for trash pickup. Mr. Kushner explained that early trash pickup has been an issue at other businesses in Town. He noted that if an approval was granted a condition of approval would be imposed such that the applicant would be responsible for choosing a trash hauler that would agree to not pick up trash before 8 am. Mr. Olson and Mr. Reardon noted their understanding and indicated that they are confident that they could fulfill this requirement.
In response to Mr. Thompson’s question, Mr. Kushner noted that the subject site has access to the traffic light at Plaza 44.
Robert Haines, Avon resident, noted that he knows Mr. Olson and is familiar with his businesses and added that the subject proposal would be a welcome addition to Avon.
There being no further business, the public hearing for App. #4533 was closed.
App. #4534 - Avon Dreamer, LLC, owner/applicant, request for Zone Change from R40 to I, 1.83 acres, 230 Old Farms Road, Parcel 3360230.
App. #4535 - Avon Self Storage, LLC/Avon Dreamer, LLC, owner/applicant, request for Special Exception under Section VI.H.3.k. of Avon Zoning Regulations to permit self storage facility, 190 and 230 Old Farms Road, Parcels 3360190 and 3360230, in I and R40 Zones (proposed zone change to I for Parcel 3360230).
Also heard at this time, but not part of the public hearing:
App. #4536 - Avon Self Storage, LLC/Avon Dreamer, LLC, owner/applicant, request for Site Plan Approval to permit self storage facility, 190 and 230 Old Farms Road, Parcels 3360190 and 3360230 in I and R40 Zones (proposed zone change to I for Parcel 3360230)
Present were Attorney Richard Case, representing the owner; Robert Haines, owner; and David Whitney, PE, Consulting Engineers, LLC.
Mr. Starr informed the project team for Avon Self Storage that an approval for a zone change must be obtained before the Commission can begin the public hearing for rest of the applications. Attorney Case noted his understanding and added that an application for work in the floodplain will also be submitted for the next meeting.
Mr. Case addressed the zone change and noted that 230 Old Farms Road is presently zoned R40; the proposal is to rezone 1.83 acres to I (Industrial Zone). There is no direct access from this parcel onto Old Farms Road; the Avon Self Storage facility (190 Old Farms Rd) is located in front of the parcel known as 230 Old Farms Road. He commented that the proposal is the highest and best use and added that approval for the proposed expansion was received from the Inland Wetlands Commission about 2 years ago. Mr. Case submitted aerial photos of the site; he added that clearing would take place for the proposed new building.
Mr. Haines explained that the proposed building is in line with what currently exists. He noted that only the roofs of the buildings are visible from the road and added that he does the best he can to screen the roofs.
Mr. Starr commented that the Commission’s charge tonight is to determine the negative impact, if any, of the proposed zone change. He added that while the proposed zone change abuts the R40 zone there are no residential properties nearby; the area is primarily wetlands.
Mr. Case confirmed that there is no impact to residential properties, as the closest property is Sconsett Point which is located approximately 800 feet to the south of the proposed zone change area. He added that he believes the current proposal conforms to the Plan of Conservation and Development.
Mr. Haines explained that, originally, a 30-foot buffer to the wetlands was provided between the buildings (I Zone) and the R40 zone; the buffer has been increased to 60 feet.
In response to Ms. Keith’s question, Mr. Haines explained that some wetland mitigation is proposed for the treed near the pond; some clearing and regrading is needed. He noted that this issue will be discussed as part of the site plan approval to be heard at the next meeting. Mr. Case concurred and explained, in response to Ms. Keith’s concerns, that the property will not be clear cut; the 60-foot buffer will remain treed.
Mr. Kushner commented that while the remaining land area has some limited potential due to the topography and wetlands, there would be enough land left for some type of transitional use and buffer. He added that as there is no mention of the subject area (identified as Neighborhoods 4 and 5) in the Plan of Conservation and Development, there is no conflict.
Mrs. Griffin suggested that the proposed boundary line change could line up better with the property to the south. Mr. Case explained that there is a brook that runs through that area and the line was placed such that it doesn’t intersect the brook. Mr. Haines explained that the building, driveway area, and the buffer were located and then the line was drawn.
Mr. Starr commented that the boundary line was put in to make everything work, rather than how it lines up with the southern property. Mr. Haines concurred and added that the line could be moved but he would have to check to make sure it complies with the Town’s Regulations.
Mr. Thompson asked what would be gained by changing the line.
Mr. Case noted that if the line were moved it would change the land area for the zone change.
Mr. Haines explained that the intention was not to draw the boundary line through the driveway. Mr. Kushner noted that a zone line can cut through a driveway.
Mr. Whitney explained that the intention is to change the smallest amount of land necessary to allow the proposed building and still contain the required buffer while also providing the maximum separation to Sconsett Point.
Mr. Starr, Mr. Thompson, and Mr. Cappello noted that they feel the proposed boundary should remain as is. Mr. Starr noted that the proposed boundary change is not a dividing line between residential lots that the Commission, generally, tries to keep straight and clean. Mrs. Griffin commented that the Commission always tries to draw lines that make sense. Ms. Keith agreed and noted that straight lines are usually preferred. Mr. Thompson noted that the subject proposal makes perfect sense as is.
In response to Mr. Case’s comment, Mr. Starr added that it is not worth reworking the application.
There being no further input, the public hearing for App. #4534 was closed.
Mrs. Griffin asked about the road shown on the plan that extends all the way out onto Old Farms Road. She noted she doesn’t believe that this road actually extends that far at this time. Mr. Kushner explained that this road will be discussed at the next meeting, as part of the site plan application.
App. #4535 - Avon Self Storage, LLC/Avon Dreamer, LLC, owner/applicant, request for Special Exception under Section VI.H.3.k. of Avon Zoning Regulations to permit self storage facility, 190 and 230 Old Farms Road, Parcels 3360190 and 3360230, in I and R40 Zones (proposed zone change to I for Parcel 3360230).
Ms. Keith motioned to continue the public hearing for App. #4535 to the next meeting. The motion, seconded by Mrs. Primeau, received unanimous approval.
App. #4536 - Avon Self Storage, LLC/Avon Dreamer, LLC, owner/applicant, request for Site Plan Approval to permit self storage facility, 190 and 230 Old Farms Road, Parcels 3360190 and 3360230 in I and R40 Zones (proposed zone change to I for Parcel 3360230)
Mr. Thompson motioned to table App. #4536 to the next meeting. The motion, seconded by Mrs. Griffin, received unanimous approval.
The public hearing was closed.
PLANNING AND ZONING COMMISSION MEETING
Ms. Keith motioned to waive Administrative Procedure #6 and consider Apps. #4533 and #4534. Mrs. Griffin seconded the motion that received unanimous approval.
App. #4533 - Stephan Brothers Realty, LLC, owner, Dave Olson, applicant, request for Special Exception under Section VI.C.3.b.of Avon Zoning Regulations to permit Class III restaurant, 177 West Main Street, Parcel 4540177, in a CR Zone.
Ms. Keith motioned to approve App. #4533 subject to the following conditions:
1. A plan detail showing location and screening for both a trash dumpster and a grease dumpster shall be submitted for review and approval by the Director of Planning.
2. Trash removal is not permitted before 8 am.
3. Deliveries are not permitted before 8 am.
4. Detail for a ventilation system shall be submitted for review and approval by Town Staff. No odors shall be detectable at the common property line with Pond Place. It is the applicant’s responsibility to satisfy this requirement.
The motion, seconded by Mrs. Primeau, received unanimous approval.
App. #4534 - Avon Dreamer, LLC, owner/applicant, request for Zone Change from R40 to I, 1.83 acres, 230 Old Farms Road, Parcel 3360230.
Mrs. Primeau motioned to approve App. #4534. Mr. Thompson seconded the motion and noted that App. #4534 meets all the Special Exception criteria found in Section VIII of the Zoning Regulations. The effective date of the Zone Change is May 4, 2011. The Commission finds the zone change request consistent and not in conflict with the 2006 Plan of Conservation and Development. Mr. Thompson’s motion was unanimously approved.
OTHER BUSINESS
Sign Regulations - proposed amendments to permit 2 detached signs for certain special exception uses in a residential zone
Mr. Kushner explained that the Avon High School Booster Club has raised money for a second detached sign. He noted that the first priority is a new scoreboard at the football field, which will be constructed using a more modern layout with LED. Mr. Kushner noted that it is his recollection that the Commission is supportive of the idea of erecting a second sign. He commented that he has talked with the Town Attorney who has come up with some language changes to the Regulations to allow a second sign. The high school has been identified as a unique institutional use on West Avon Road; it is the largest facility on West Avon Road and one of the biggest buildings in Town. The School sits on 30 acres with over 300 feet of frontage and lots of traffic, which, perhaps, makes it deserving of an
opportunity to apply for a second sign. The proposed regulation change would allow for the request for a second 12-square-foot sign (the existing sign is 12 square feet). Mr. Kushner further explained that the Booster Club has indicated that 12 square feet is not large enough to accommodate their needs and would like a sign 24 square feet in size. The Town Attorney has indicated that 24 square feet doesn’t work, as the second sign must be subordinate to the existing sign. Mr. Kushner noted that he suggested to the Booster Club that possibly the existing concrete sign could be covered over with a new panel.
Mrs. Primeau commented that she was never in favor of a second sign and added that she is offended by the whole situation, as it implies that the entire school is about sports. She noted that a high school is a comprehensive school that deals with all areas and not just sports.
Mr. Starr commented that the sign would not be dedicated just to sports.
Mrs. Primeau asked who would take care of the sign on a weekly basis. She reiterated that she is very offended by the proposal.
Mr. Cappello commented that the proposed sign would probably contain more non-sports information than sports information.
Mr. Starr commented that this Commission is a land-use board.
Mrs. Primeau commented that she doesn’t feel it is right for land use to allow the existing, classic sign to be covered over.
Mrs. Griffin commented that she feels the proposed sign is distasteful.
Ms. Keith commented that she and Mesdames Primeau and Griffin are associated with the school system. She indicated that she called some of the surrounding towns and asked questions about these types of detached signs. She noted that things like misspellings and missing events are two issues that came up during these conversations. She noted that it was indicated that initially the PTO or the Booster Club were responsible for the sign but the responsibility later shifted to the people within the school; some of the information on the sign had to be approved by the school principal due to its inappropriateness. It was also indicated that these types of signs get broken into and the letters get stolen.
Mr. Kushner explained that the Town is struggling to come up with a regulation change to allow an opportunity for the School to apply for an additional sign; currently the Regulations only permit one sign. He noted that if it is the Commission’s wish, this effort could be abandoned.
Mr. Starr commented that the Commission appears to be divided on this issue. He added that he feels that the superintendent’s office should be aware of and in favor of this sign proposal before any further action is taken. Mr. Kushner noted his understanding.
STAFF REPORT
Avon Village Center (AVC) Zone Regulations - public hearing to amend Zoning Regulations scheduled for May 17, 2011
Mr. Kushner stated that a public hearing for the new Avon Village Center Zone Regulations will be scheduled for the May 17 meeting.
Design Guidelines for AVC Zone - public hearing to amend POCD tentative for June 28, 2011
Mr. Kushner explained that because the lead time for CRCOG to review amendments to the Plan of Conservation and Development is 65 days (as opposed to 30 for regulation changes), the public hearing for the Design Guidelines could not be scheduled for the same meeting as the Avon Village Center Zone Regulations (on May 17) and will be scheduled for the June 28 meeting.
Ms. Keith reported that she has spoken to CRCOG and they know about the Design Guidelines.
Mr. Kushner noted that he also has spoken to CRCOG and they have indicated their excitement about the Avon Center project.
Low Impact Development (LID) Regulations - public hearing to amend Zoning and Subdivision Regulations tentative for July 19, 2011
Mr. Kushner noted that a public hearing for the regulation amendments relative to Low Impact Development (LID) for both Zoning and Subdivision will be scheduled for July 19.
NON PRINTED AGENDA ITEMS
Capitol Region Education Council (CREC) - proposed school at 59 Waterville Road
Mr. Kushner reported that CREC has indicated that they intend to submit a zone change application for a public hearing at the May 17 meeting. He noted that CREC intends to file the remainder of the necessary applications (i.e., subdivision, special exception, and site plan) to be heard at the June 7 meeting. He noted that CREC is hoping for a decision by the Commission by the July 19 meeting, before the August break.
In response to Mr. Mahoney’s question, Mr. Kushner noted that he believes that the sale of the property would be contingent upon a zone change approval.
In response to Ms. Keith’s question, Mr. Kushner noted that the zone change will request a change from OP (office park) to R40 (residential). He added that special exception and site plan approval will be required for a school use in the R40 zone in addition to subdivision approval.
Mr. Starr noted that the open space requirements relative to playground/sports accommodations for the school would have to be discussed.
Mr. Kushner noted that he met with CREC today and they have indicated that they would like to discuss the open space requirements with the Commission. He added that he doesn’t believe State law exempts a school from an open space requirement.
In response to Ms. Keith’s question about properties in the area that are also zoned residential, Mr. Kushner noted that the abutting Avonwood Apartments are zoned R40. Mr. Starr added that there would be residentially-zoned property on several sides of the school, should it be located on this site.
Mrs. Primeau noted that the State Department of Education, not CREC, was given the charge to open a school.
Mr. Mahoney asked if it has been determined where the driveway would be located. Mr. Kushner explained that the plan/intent is to route the buses and parent traffic off of Avonwood Road, which is a private road and not owned by the Town. He noted that it is assumed that CREC has easement rights to use Avonwood Road but confirmation of this is currently being investigated. CREC is having a traffic study prepared to see whether a traffic light would be needed.
Mesdames Griffin and Keith and Mr. Starr agreed that a light seems necessary. Mr. Starr added that most likely CREC would want a light too but the State would have to agree to it. Mr. Kushner concurred.
The Fresh Market - 315 West Main Street - Nod Brook Mall
Mr. Kushner reported that the State has concluded their process and have issued The Fresh Market an STC permit. He noted that the applicant has indicated that demolition of the existing building should be started within the next week or so.
There being no further input, the meeting adjourned at 8:25 pm.
Respectfully submitted,
Linda Sadlon, Clerk
LEGAL NOTICE
TOWN OF AVON
At a meeting held on April 26, 2011, the Planning and Zoning Commission of the Town of Avon voted as follows:
App. #4533 - Stephan Brothers Realty, LLC, owner, Dave Olson, applicant, request for Special Exception under Section VI.C.3.b.of Avon Zoning Regulations to permit Class III restaurant, 177 West Main Street, Parcel 4540177, in a CR Zone. APPROVED WITH CONDITIONS.
App. #4534 - Avon Dreamer, LLC, owner/applicant, request for Zone Change from R40 to I, 1.83 acres, 230 Old Farms Road, Parcel 3360230. APPROVED. EFFECTIVE MAY 4, 2011.
Dated at Avon this 27th day of April, 2011. Copy of this notice is on file in the Office of the Town Clerk, Avon Town Hall.
PLANNING AND ZONING COMMISSION
Duane Starr, Chairman
Douglas Thompson, Vice-Chairman/Secretary
LEGAL NOTICE
TOWN OF AVON
The Planning and Zoning Commission of the Town of Avon will hold a Public Hearing on Tuesday, May 17, 2011, at 7:30 P. M. at the Avon Town Hall, on the following:
App. #4537 - OAVX Associates, LLC, owner, Blink, applicant, request for Special Exception under Section VI.D.3.b.of Avon Zoning Regulations to permit indoor dance and party/entertainment business, Old Avon Village, 45 East Main Street, Parcel 2140045, in a CS Zone
App. #4539 - Avon Self Storage, LLC/Avon Dreamer, LLC, owner/applicant, request for Special Exception under Section III.G.4.d.and f. of Avon Zoning Regulations to permit filling and regrading in the floodplain, 190 and 230 Old Farms Road, Parcels 3360190 and 3360230, in I and R40 Zones (proposed zone change to I for Parcel 3360230)
App. #4541 Proposed Amendment to Avon Zoning Regulations to adopt new regulations for Avon Village Center 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 2nd day of May, 2011.
PLANNING AND ZONING COMMISSION
Duane Starr, Chairman
Douglas Thompson, Vice-Chairman/Secretary
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