Town of Avon, CT Minutes & Agendas Archive

PZC Minutes APR 5 2011

The Planning and Zoning Commission of the Town of Avon held a meeting at the Avon Town Hall on Tuesday, April 5, 2011. Present were Duane Starr, Chairman, Douglas Thompson, Vice-Chairman/Secretary, Carol Griffin, David Cappello, Marianne Clark, and Alternate Donald Bonner; Mr. Bonner sat for the meeting. Absent were Linda Keith and Alternates Elaine Primeau and Christian Gackstatter. Also present was Steven Kushner, Director of Planning and Community Development.

APPROVAL OF MINUTES

Mrs. Clark motioned to approve the March 15, 2011, minutes, with the noted correction to add her name to the list of commissioners present at the meeting. The motion, seconded by Mr. Thompson, received unanimous approval.

PUBLIC HEARING

App. #4528 - Sylwester Barwinski and Zbigniew Matulaniec, trustees, Rossetti Development, LLC, applicant, request for Special Exception under Section IX.E. of Avon Zoning Regulations to permit pool within 150-foot ridgeline setback, 485 Deercliff Road, Parcel 2090485, in an RU2A Zone.

Mr. Starr reported that App. #4528 has been withdrawn by the applicant, as the house has been pulled out of the 150-foot ridgeline setback.

Mr. Kushner confirmed that the house has been pulled back, out of the ridgeline setback. He added that pulling the house back causes the loss of one significant tree but the owners have indicated that they will replant a tree. He commented that all activities are now outside the

150-foot regulated area; Town Staff will monitor the limited amount of proposed tree cutting.

App. #4529 - Proposed Amendment to Avon Zoning Regulations pertaining to yard setbacks for Outdoor Dining, Old Avon Village Associates, LLC, applicant.

Present were Michael Boe, architect, Boe Studio; Viron Rondo, DaCapo, applicant, and Ann August, OAVX, owner.

Mr. Boe explained that the request is to amend the Zoning Regulations to give the Commission discretion with regard to side yard setbacks; currently, outdoor dining is not permitted in the side yard setback area. He noted that Old Avon Village is a large piece of property; the subject restaurant is located on the edge of the property that abuts Old Farms Road.

In response to Mr. Starr’s question, Mr. Kushner noted that the Staff is agreeable to giving the Commission discretion with regard to setbacks for outdoor dining. He noted that there will certainly be instances where adherence to a required side yard setback would be warranted but added that the proposed amendment would give the Commission discretion on a case-by-case basis.

There being no further input, the public hearing for App. #4529 was closed.

App. #4531- OAVX Associates, LLC, owner, daCapo Ristorante, applicant, request for Special Exception under Section V.O.5. of Avon Zoning Regulations to permit outdoor dining, 5 East Main Street, Parcel 2140001, in a CS Zone.

Also discussed at this time but not part of the public hearing:

App. #4532 - OAVX Associates, LLC, owner, daCapo Ristorante, applicant, request for Site Plan Approval to permit outdoor dining and request reduction in required parking, 5 East Main Street, Parcel 2140001, in a CS Zone.

Present were Michael Boe, architect, Boe Studio; Viron Rondo, DaCapo, applicant, and Ann August, OAVX, owner.

Mr. Boe displayed the layout for the proposed outdoor dining at daCapo. He explained that the proposal is to build a deck over the area well to house outdoor dining; the well area is located on the east side of the building. He noted that access to the lower level via an existing stairway would remain. He explained that the side yard setback line runs through the edge of the proposed terrace. A 7-foot-high stockade fence is proposed for the perimeter of the site. Mr. Boe noted that concrete pavers, similar to the existing pavers located along the existing sidewalk, are proposed. A planting buffer, composite decking material, and heavy timber construction for the trellis are proposed.

In response to Mr. Starr’s question, Mr. Boe noted that the raised deck will be handicap accessible from inside the restaurant. Mr. Boe added that the proposed screen awning is not meant to hold water but, rather, is for sun protection.

Mr. Starr referenced an email, dated March 30, 2011, from the Farmington Valley Health District noting their concerns. Mr. Boe noted that he has spoken with Deborah at the Farmington Valley Health District and confirmed that the applicant will work with the Health District to do whatever is necessary in order to receive a Certificate of Occupancy.

In response to Mr. Bonner’s question, Mr. Boe explained that a new application to the State Liquor Commission is required in order to serve alcohol outside for outdoor dining.

In response to Mrs. Clark’s question, Mr. Boe explained that one additional handicap restroom is required, per the Building Code. He further explained that the restaurant has plenty of restrooms, per the Building Code; the restaurant currently has one ADA, handicap-accessible restroom. He noted that there is a restroom on the first floor and on the lower level for staff. The proposal is to reconfigure the men’s restroom to make it handicap accessible.

Mr. Kushner offered background information and noted that Old Avon Village is comprised of 3 separate parcels, now all under the control of OAVX Associates, LLC. The 2 easterly-most parcels (approximately 2/3 of the entire village) are part of a Consolidated Parcel Agreement with River Park, located at 51 East Main Street. He noted that customers regularly park at Old Avon Village for stores located in River Park, and vice versa. He explained that over the years there have been many site plan approvals for Old Avon Village (which has improved overall circulation on the site) and separate computations were always done for each of the 3 parcels. He noted that it is his belief that the parcel that contains the subject restaurant is the least conforming with regard to the parking requirements in the Zoning Regulations. He further noted that it is his understanding that the subject parcel was kept separate, as a standalone parcel, as the other two parcels are much closer to conforming to the Regulations with regard to parking. He noted that he asked the applicant to study parking on the entire site to see if any reductions would be required/permitted for the subject site if it were considered a separate parcel, as that is really how it functions. He explained that the parking analysis would have to take into account the additional seating (64 seats) proposed for the outdoor dining.

Mr. Kushner noted that the analysis indicates that if the subject parcel were viewed as a standalone piece, a 14% parking reduction for Old Avon Village, in its entirety, would be required in connection with an approval for the subject site plan for outdoor dining.

Mr. Boe explained that as a result of the parking analysis, the Commission could grant up to a 30% parking reduction; he noted that the applicant is asking for a 14% parking reduction. He referenced Sheet P6 which shows customer traffic from June 1 through August 31 and noted that the peak traffic times are between 12 noon and 1 pm and 6:30 pm and 7:00 pm. He added that there are not as many people in the entire plaza during the evening peak hours.

Mr. Starr commented that most of the adjoining businesses in Old Avon Village are closed during the peak restaurant hours.

Mr. Boe commented that he feels individuals are more likely to walk greater distances (from parking areas not right in front of the business) in a project like Old Avon Village, as they do not have to cross any streets.

Mr. Cappello noted that outdoor dining is only in the summertime and people are more likely to walk further distances in nice weather.

Mr. Starr noted his preference that the public hearing remain open until all the concerns of the Farmington Valley Health District (FVHD) have been resolved and the restaurant is in compliance. Mr. Boe commented that the applicant has always complied with all the requests of the FVHD and added that he has to obtain bids for this project, as the hope is that the outdoor dining will be ready by this summer. He added that the FVHD is asking for a dishwasher in the bar area, which is not required under the Health Code. Mr. Boe commented that the FVHD is also asking for modifications to the washroom and explained that the applicant is agreeable. Mr. Boe commented that he believes that the applicant is addressing all the issues but it is not known whether everything will be complete before the construction of the outdoor dining area. He noted that one piece of needed equipment must be custom built.

Mr. Starr commented that no Certificate of Occupancy could be issued until a signature is received from the FVHD. Mr. Boe concurred and added that it is understood that the outdoor dining could not be utilized until the Town issues a Certificate of Occupancy. Mr. Starr noted that he would now be comfortable closing the hearing

There being no further input, the public hearing for App. #4531 was closed.

Mrs. Griffin motioned to waive Administrative Procedure #6 and consider Apps. #4529 and #4531. Mrs. Clark seconded the motion that received unanimous approval.

App. #4529 - Proposed Amendment to Avon Zoning Regulations pertaining to yard setbacks for Outdoor Dining, Old Avon Village Associates, LLC, applicant.

Mr. Cappello motioned to approve App. #4529. The motion, seconded by Mrs. Clark, received unanimous approval. The effective date is April 13, 2011.

Mr. Cappello motioned to approve Apps. #4531 and #4532 subject to the following conditions:

1. This approval is effective April 14, 2011.

2. A Certificate of Occupancy will not be issued until written approval is received from the Farmington Valley Health District.

3. A 14% reduction in required parking is granted.

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

NEW APPLICATIONS

App. #4530 - Lorenzo DiClemente, owner, Melissa Sabo, applicant, request for Site Plan Approval to permit consignment boutique, 282 West Main Street, Parcel 4540282, in a CR Zone.

The applicant, Melissa Sabo, was present.

Mr. Kushner noted that any change of use for this property requires site plan approval, in accordance with a condition placed on a prior approval granted several years ago. He added that he believes this is the last commercial property in Town with a gravel parking lot

Mr. Starr commented that each approval granted by the Commission has been for a low-intensity use; he added that the proposed use also appears to also low intensity. Mr. Kushner concurred.

Mrs. Clark motioned to approve App. #4530. The motion, seconded by Mr. Cappello, received unanimous approval.

OUTSTANDING APPLICATION

App. #4526 - Lexham Avon, LLC, owner, Don Hammerberg Associates, applicant, request for Site Plan Approval to modify interior and façade of existing building to house urgent care facility, 339 West Main Street, Parcel 4540339, in a CR Zone.

The discussion was continued from the March 15 meeting.

Present to represent this application were Mark Fey and Don Hammerberg, Don Hammerberg Associates; Robin Pearson, Shipman, Sosensky & Marks, LLC; John Manners, The Casle Corporation; and Karen Goyette, Hartford Hospital.

Mr. Fey addressed the following changes made to the site plan:

One handicap parking space for vans has been added
A letter, dated April 4, 2011, has been received from the abutters (Gold-Borg Associates, LL) noting their agreement with the proposal for a crosswalk/continuous walkway path.
A lighting analysis has been done and a photometric plan has been prepared. The existing light fixtures are very old and if parts cannot be obtained new fixtures may be necessary. There are 16 poles, 15 feet high, scattered around the site; a full cutoff head is proposed to be added, as shown on the lighting plan. The Town Planning Department would prefer a uniform lighting design throughout the site and the applicant agrees.
The pavement will all be new; a pavement detail has been provided to the satisfaction of the Town Engineering Department. Concrete curbing will be used for the new parking area. Notes relating to parking lot details have been added to the plans.
The proposed sanitary sewer system complies with the requirements of the Town Engineering Department (AWPCA); a note has been added to the plans.
A report from Cianci Engineering, LLC, dated March 31, 2011, confirms that the existing retaining wall to the rear is in good shape. A surface treatment is proposed to make the wall surface more aesthetically pleasing.
A variegated/embossed/decorative sidewalk is proposed for the front of the building and has been shown on the plans. No specific design has been approved, to date, by Hartford Hospital.
Notes relative to sign legends (i.e., traffic control stop bars) and sign locations have been added to the plans. Notes explaining traffic control measures during construction are also shown on the plans.
Final architectural detail plans will be provided; stamped concrete details are now shown on Sheet A1.

Mr. Starr asked whether any of the panels that would be located behind the signage are going to backlit. Mr. Fey explained that the panels would be solid but not be shiny; a matte finish is proposed. The proposed glass would be tinted (black); a soft light may be used to produce a glow. He noted that all the revisions have been addressed.

In response to Mr. Cappello’s question, Mr. Fey explained that all the medical trash will be kept inside the building. Ms. Goyette added that a bio-hazardous waste removal would come to the building twice a day. She noted that no surgical activities would occur in this building.

Mr. Fey displayed a proposed floor plan noting that it is still in progress. Ms. Goyette explained that one side of the building would be staffed by 4 primary care physicians from 7 am to 7 pm. The building would also house a two-person surgical practice for pre and post-operative physician appointments. She noted that an education space is also proposed for group education classes; approximately 25 people at a time would be expected.

In response to Mr. Kushner’s comment, Ms. Goyette commented that the intent/hope is to have the majority of the patients enter the site via the front of the building with the majority of the staff parking in the rear of the building. She noted that visitors would have the ability to enter from either the front or the rear entrance and the corridor has been left open for this purpose. She added that due to suggestions from the Commission, the front walkway/entrance has been moved to the east and a covered dropoff area has been added.

In response to Mrs. Griffin’s question, Ms. Goyette noted that the back door will be open (unlocked) during hours of operation.

In response to Mrs. Clark’s question, Ms. Goyette noted that the anticipated hours of operation are 7 am to 7 pm, Monday through Friday. She added that weekend hours would be limited, possibly 9 am to 2 pm.

Mr. Bonner asked about the purpose of the large dark object shown on the front of the building and asked if it had to be so tall. Mr. Fey explained that the panel was added in an attempt to add some interest/feature to the building, as it sits low on the site. He noted that the initial design included smaller towers on the front of the building and one cupola, which was high but less than 35 feet. Ms. Goyette explained that the design has been simplified; originally 3 towers were proposed but now there is only one shortened tower to serve as a focal point. Mr. Hammerberg commented that he feels the proposed tower is a good punctuation mark. Mr. Fey commented that the project team has worked very hard to try and make this building look like something.

In response to Mr. Cappello’s questions, Mr. Fey noted that the proposed tower would have a ceiling, it will be enclosed. He added that no one will be able to see inside the tower but there will be access to it. Ms. Goyette explained that most of the Hartford Hospital buildings have some type of a center show piece at the entrance. Mr. Cappello referenced the floor plan and commented that there are 4 doors to choose from one you enter the rear entrance that could cause confusion. Mr. Fey acknowledged that the floor plan is still a work in progress and may change. He explained that a detached sign is shown on the plans just to note the proposed location; a separate application will be submitted for signage.

In response to Mr. Starr’s comment, Mr. Kushner recommended that the 7 remaining proposed conditions be included if an approval is granted. He noted that 2 proposed conditions (items 2 and 3 on the original list of 9 conditions) were removed, as a letter was received from the abutting property owner (Gold Borg Associates) regarding improvements to the driveway and a report has been received (Cianci Engineering) concerning the stability of the existing retaining wall. Mr. Kushner noted his agreement with Mr. Fey that most of the remaining 7 items have been addressed/noted on the plans but added that he feels it would be a good idea, for clarity purposes, to attach these 7 conditions to an approval.

Mrs. Griffin motioned to approve App. #4526 subject to the following conditions:

Prior to the issuance of a zoning or building permit the applicant shall demonstrate to the satisfaction of the Director of Planning and Town Engineer the following:

Applicants shall prepare a final lighting plan demonstrating compliance with IES Standards for both light intensity and uniform distribution of light. All lighting utilized shall be full cutoff. In addition, all fixtures shall match architecturally.

2. Applicants shall maintain the sidewalk along Route 44 including winter snow removal in accordance with Town Ordinance #7 ( Municode Sec. 53-88.~ Placement and removal of snow, obstructions or hazards; violations and penalties). In addition, a public easement shall be granted to the Town.

3. Applicants shall utilize an embossed pattern for the concrete walk in front of the building.

4. All requirements of the AWPCA shall be met concerning connection to the Avon Sanitary collection system.~

5. The entire area of the existing parking lot shall be ground; a note indicating such shall be added to the record plans. Areas shall be regraded as necessary. Final product shall include subbase and pavement thickness in accordance with Town Regulations/Engineering Standards. Concrete curbing shall be utilized throughout the site.

6. Applicant shall prepare a plan showing all traffic control signs, stop bars, and other pavement markings.

7. Applicant shall provide a final set of architectural plans detailing exterior building elevations.

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

Ms. Goyette thanked the Commission.

OTHER BUSINESS

Request for Rock Crushing - Knoll Lane Subdivision - Sunlight Construction

William Ferrigno, Sunlight Construction, was present.

In response to Mr. Starr’s question about rock crushing for the West Hills Subdivision (about 3 years ago), Mr. Ferrigno explained that the subject project is slightly different but the duration of the crushing should be about the same, 8 weeks.

In response to Mr. Cappello’s question, Mr. Ferrigno stated that some experimenting with the proposed rock crushing at Knoll Lane may have started.

Mr. Bonner commented that he can hear the rock crusher running during the day. Mr. Ferrigno asked if the crusher is louder than the bulldozer that is operating next to it. Mr. Bonner commented that the crusher is much louder than the bulldozer. Mr. Ferrigno commented that he could disprove with a sound meter that the crusher is louder than the bulldozer.

Mr. Ferrigno reiterated that the scope of the subject crushing project is a bit different from West Hills but noted that the duration is the same; he requested an 8-week timeframe.

Mr. Starr commented that he doesn’t remember any complaints from neighbors during the West Hills rock crushing. Mr. Ferrigno noted that he tries to setup the crushing operation in the center of the site. He commented that the area to the north of Knoll Lane is vacant but noted that he would be the most concerned with the residents of Farmington Woods. He confirmed that test operations have been ongoing for the past couple of days but added that he hasn’t had any feedback. He noted that he did hear some comments about the blasting that was done on the site, as blasting can be felt up to a mile away.

Mr. Kushner noted that the Town has not received any comments about rock crushing on this site.

Mr. Ferrigno explained that no hammering is necessary and will not take place; breaking up large boulders can be very disruptive. He added that the quantities noted are best estimates, as crushing is not an exact science. In response to Mr. Starr’s earlier question, Mr. Ferrigno indicated that the crushing should be complete by Memorial Day.

In response to Mrs. Clark’s question, Mr. Ferrigno explained that the crushed rock would be used for a road base for the Knoll Lane Subdivision. He added avoiding the need for material to be brought onto the site via large trucks is one benefit of crushing. He added further that he has been working with the Town and the residents of Haynes Road to bring sewers to this development. He noted that he feels confident that the sewer project will move forward. Both crushed rock and crushed stone would be used in connection with the sewer project; the material would be contained on the site.

In response to Mr. Starr’s question, Mr. Kushner confirmed that crushing must occur between the hours of 7 am to 6 pm during the week and 8 am to 6pm on weekends and holidays, in accordance with the Town’s Noise Ordinance #71. Mr. Ferrigno noted that the crusher operator will not work on weekends.

Mr. Starr noted that the crushing operation would occur for 8 weeks from 7 am to 5 pm Monday through Friday. Mr. Ferrigno concurred.

Mr. Bonner commented that 7 am is early and added that the applicant should be cognizant of the needs of the residents. Mr. Ferrigno noted his understanding but added that if he starts at 8 am he will need an additional week of operation.

Mr. Starr commented that he feels the Town’s Noise Ordinance covers the allowable times requested. He noted that trucks backing up are equally noisy.

Mr. Ferrigno acknowledged that while crushing sounds are not pleasant, he noted that he feels backup alarms on loading trucks are more noticeable.

Mr. Bonner commented that he can hear the crushing pretty clearly already and added that he can’t imagine the sound if it was 300 feet from his house at 7 am.

Mr. Ferrigno noted his respect for Mr. Bonner’s comments but added that Mr. Kushner has indicated that the Town has not received any calls/complaints to date and the request complies with the Town’s Ordinance.

Mr. Kushner requested that Mr. Ferrigno ensure that the contractors begin at 7 am and not before; no idling of the equipment before 7 am should take place. Mr. Ferrigno confirmed that the crushing operation would not start prior to 7 am.

Mr. Cappello motioned to approve an 8-week rock crushing operation at the Knoll Lane Subdivision from April 6 to June 1, 7 am to 5pm, Monday through Friday. No weekend crushing is permitted. The motion, seconded by Mrs. Clark received approval from Mesdames Clark and Griffin and Messrs. Cappello and Starr. Mr. Thompson abstained. Mr. Bonner voted in opposition.

Sign Regulations - proposed amendments to permit 2 detached signs for certain special exception uses in a residential zone

In response to Mr. Starr’s question, Mr. Kushner commented that the discussion about sign regulations should be tabled to the next meeting.

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

Respectfully submitted,

Linda Sadlon, Clerk

LEGAL NOTICE

TOWN OF AVON

At a meeting held on April 5, 2011, the Planning and Zoning Commission of the Town of Avon voted as follows:

App. #4526 - Lexham Avon, LLC, owner, Don Hammerberg Associates, applicant, request for Site Plan Approval to modify interior and façade of existing building for medical office use with urgent care, 339 West Main Street, Parcel 4540339, in a CR Zone. APPROVED WITH CONDITIONS.

App. #4529 - Proposed Amendment to Avon Zoning Regulations pertaining to yard setbacks for Outdoor Dining, Old Avon Village Associates, LLC, applicant. APPROVED. EFFECTIVE APRIL 13, 2011.

App. #4531- OAVX Associates, LLC, owner, DaCapo Ristorante, applicant, request for Special Exception under Section V.O.5. of Avon Zoning Regulations to permit outdoor dining, 5 East Main Street, Parcel 2140001, in a CS Zone. APPROVED WITH CONDITIONS. EFFECTIVE APRIL 14, 2011.

App. #4532 - OAVX Associates, LLC, owner, DaCapo Ristorante, applicant, request for Site Plan Approval to permit outdoor dining and request reduction in required parking, 5 East Main Street, Parcel 2140001, in a CS Zone. APPROVED WITH CONDITIONS. EFFECTIVE APRIL 14, 2011.

App. #4530 - Lorenzo DiClemente, owner, Melissa Sabo, applicant, request for Site Plan Approval to permit consignment boutique, 282 West Main Street, Parcel 4540282, in a CR Zone. APPROVED.

In addition, the following application was withdrawn:

Dated at Avon this 6thday 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, April 26, 2011, at 7:30 P. M. at the Avon Town Hall, on the following:

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.

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).

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 12^th day of April, 2011.

PLANNING AND ZONING COMMISSION

Duane Starr, Chairman

Douglas Thompson, Vice-Chairman/Secretary