The Planning and Zoning Commission of the Town of Avon held a meeting at the Avon Town Hall on Tuesday December 11, 2012. Present were Duane Starr, Chair, Linda Keith, Vice-Chair, Peter Mahoney, Christian Gackstatter, and Alternates Elaine Primeau, Donald Bonner, and Jenna Ryan. Mesdames Primeau and Ryan and Mr. Bonner sat for the meeting. Absent were Carol Griffin, David Cappello, and Marianne Clark. Also present was Steven Kushner, Director of Planning and Community Development.
Mr. Starr called the meeting to order at 7:30pm
APPROVAL OF MINUTES
Mrs. Primeau motioned to approve the November 20, 2012 meeting minutes, as submitted. The motion, seconded by Mr. Bonner, received approval from Mesdames Primeau, Ryan, and Keith and Messrs. Bonner, Starr, and Gackstatter. Mr. Mahoney abstained as he was absent from the November 20 meeting.
OTHER BUSINESS
Request for 1-year extension of Site Plan approval for 221 West Main Street – Fred Bauer
Mrs. Primeau motioned to approve a 1-year extension of the site plan approvals granted for 221 West Main Street (Apps. #4394/95/96). The motion, seconded by Mr. Bonner, received unanimous approval.
Request for 90-day extension to file mylars in connection with 3-lot subdivision at 140 Huckleberry Hill Road – Lovley Development
Mrs. Primeau motioned to approve a 90-day extension to file mylars in connection with a 3-lot subdivision approved for 140 Huckleberry Hill Road (Apps. #4625/26). The motion, seconded by Mr. Gackstatter, received unanimous approval.
STAFF COMMENTS
Update Old Farms Road relocation/preparation of Special Land Use Study – POCD
Mr. Kushner explained that for the past 40 years the Planning and Zoning Commission has discussed the advantages of relocating/realigning Old Farms Road, southerly of where the road exists currently.
In response to Mrs. Primeau’s question Mr. Kushner explained that the section of the road proposed to be realigned is located near the School, not near the bridge located near the intersection of Waterville Road. He further explained that the proposed road realignment is located as far south as possible to avoid wetland impacts as much as possible; bridges are also proposed, at a considerable cost, to span the wetlands, wherever possible.
In response to Mr. Bonner’s question, Mr. Kushner explained that the project will be mostly funded via Federal monies (FHA) but added that the School will also provide some funding.
Mr. Kushner further explained that the project has been broken into two parts; the road realignment and a new bridge, which is proposed to be constructed north of where the existing bridge crosses Old Farms Road. He noted that recently the State has agreed to take over the bridge project and fund it 100%. He noted that there are many Federal agencies (i.e, EPA, Army Corps. Of Engineers) that have to sign off on the road realignment project. These agencies indicate their understanding that the Town has made efforts to mitigate environmental impacts and acknowledge the fact that Old Farms Road cannot handle the volume of traffic being experienced today but also indicate that they feel it might be a better alternative to fix Old Farms Road in its current location. Mr. Kushner pointed out that the road
realignment proposal has been under investigation for the past 20 years. He reported that Avon Old Farms School continues to support the new road alignment rather than the repair of Old Farms Road in its current location.
Mr. Bonner commented that he feels the proposed road realignment makes much more sense than trying to repair Old Farms Road in its current location, as there would be no disruption. He added that trying to repair Old Farms Road would be a nightmare. Mr. Kushner concurred and explained that Tom Daukas (Special Projects Engineer and former Town Engineer) has said the same thing for years.
Ms. Keith commented that there is such limited space and if the road were to be repaired there would be tiny, one-lane traffic.
Mr. Mahoney commented that Old Farms School likes Option “I”. Mr. Kushner concurred.
Mr. Gackstatter asked what would happen to the original Old Farms Road, regardless of which option is chosen; does it stay as is or does it get removed. Mr. Kushner explained that while nothing is definitive about this project, even though it’s been discussed for 20 years, the most likely scenario is that the existing road ROW would be turned over to the School and in exchange the School would turn over to the Town a new road right-of-way to construct a new road.
Mrs. Primeau commented that building the road in the new proposed location would be financially beneficial to the School should they decide/need to sell off some land. Mr. Kushner concurred.
Mr. Kushner explained that there is an additional cost of approximately $2M to build the new road alignment versus repairing the existing road but noted that the majority would be funded by Federal monies. If the existing road were repaired/rebuilt, the cost would be funded locally; no Federal funding would be received. He noted that the expectation is that the School would make a substantial contribution to help fund the additional monies needed to build the new alignment. He further explained that the preservation of a corridor of open space (approximately 112 acres with substantial wetlands but with some upland value) along the area where the new road alignment has been proposed/suggested by Mr. Daukas as a means to mitigate concerns by the environmental agencies. The subject open space corridor
could also make a connection to Rails to Trails and to Fisher Meadows. He added that the FHA (Federal Highway Administration) is requiring a $1M environmental study at this time; the Town will have to pay 10%. He noted that there are no guarantees that this study will convince the agencies of the need for this project.
Mr. Kushner referenced a long-range master plan that has been prepared for the School that addresses different road alignments, as well as the campus as a whole, and the possible development of 250 acres of woodland. He noted that the 2006 Plan of Conservation and Development states that the first priority for this land is to conserve it as open space but if that was not possible and the land was sold for development (the land is currently zoned EL educational land) the two most likely development scenarios would be either R40 or RU2A residential single-family development. Mr. Kushner indicated that it is his understanding that the School has no immediate plans to sell any of their land or come before the Commission to request a zone change. He noted that the School has decided to have a special
land use study done for their property to find out what kinds of uses might be appropriate if the School ever needed to sell some land and if the Town wasn’t able to purchase all or a portion of it.
In response to questions from the Commission, Mr. Kushner explained that the Town does not, at this time, have first right of refusal if the School decides to sell land but noted that that option has been discussed for many years. He added that he feels now is a good time to have a planning study done on the School’s property, as it would convince the School that the Commission is interested.
In response to Mr. Gackstatter’s question, Mr. Kushner explained that both the School and the Town had appraisals done about 3 years ago. The developable portions were determined to be approximately $65,000/acre; there are approximately 40 acres of upland and approximately 60 acres of floodplain and wetlands. Mr. Gackstatter commented that the developable land may be worth approximately $2.5M. Mr. Kushner explained that if the School donated 100 acres it would be roughly the equivalent of the $2M cost differential between fixing the road in place versus the new alignment.
In response to Mr. Starr’s question, Mr. Kushner explained that the total acreage located south of the proposed road realignment is approximately 250 acres and has the potential for about 275 lots in the R40 zone.
In response to Ms. Keith’s question, Mr. Kushner explained that the good land is exceptionally well drained. Mr. Kushner reiterated that the School is not interested in selling any land at this time.
In response to Mr. Mahoney’s question, Mr. Kushner noted that the undeveloped land located between Old Farms Road and where the new road alignment is planned is where the School shows an expanded campus on their master plan.
In response to Mrs. Primeau’s question, Mr. Kushner noted that he is not sure what the total cost of the new road is but added that it is substantial.
Mr. Starr commented that, at this point, the Planning Department would like to begin a study, similar to planning studies that have been done for other areas of Town. Ms. Keith noted her support of a study.
Mr. Gackstatter asked whether something like donating open space via a long-term buy basis has been considered by the School. He asked whether the School is really interested in preserving the land. Mr. Kushner explained that the Town has been told that if the School gets to a point where they seriously need to sell land they would explore, as their first priority, a partnership with the Town, the State, or some organization like The Nature Conservancy; an entity that would hopefully pay fair market value and preserve the land. In response to Mr. Gackstatter’s question, Mr. Kushner confirmed that the School has had discussions about being proactive now rather than waiting until they are in a position where they need money. He noted that the Town Manager, Brandon Robertson, has been actively
involved in discussions with the School and he also negotiated the Ethel Walker School purchase.
Bicycle Planning – mark Country Club Road with “sharrows” as “Demonstration Project”
Mr. Kushner displayed a map that shows existing infrastructure in Town and which roads may be the most bicycle friendly (map is part of a report prepared by Chris McCahill, PhD, Transportation Planning). Items considered include rates of speed, roadway width, and traffic accidents. He noted that there are a group of residents in Town that are trying to develop a network of walking paths and sidewalks. He explained that Town Staff met with the Town of Simsbury, where there is a 17-mile network of roads that have been marked with “sharrows” to identify bicycle lanes. He noted that no changes were made to the roads and that “sharrows” were just added. He commented that sometime in the spring the intent is to choose a 2 to 3 mile stretch of road in Avon and paint
“sharrows” and add signage. Ms. Keith noted her understanding that Huckleberry Hill Road is shown as a “redline” on the map but noted that she has experienced maybe 60 to 70 bicycles going by her house on a nice summer day.
Mr. Starr commented that there are really two different types of bike users. The north/south routes such as Huckleberry Hill Road and West Avon Road are more weekend bike clubs whereas the east/west routes like Country Club Road are the kids going to school and back.
Mr. Kushner reported that the Police Department has indicated that if “sharrows” are marked on a road you are sending a message to the public that this is a reasonable place to ride a bike. A consideration is Country Club Road from Rails to Trails, west to the intersection with West Avon Road and Scoville Road, as this would provide access from Rails to Trails to the Grade 5/6 School.
Ms. Keith and Mrs. Primeau noted that Hollister is very wide. Mr. Kushner noted that Hollister could be considered.
Mr. Mahoney commented that he feels Route 10 would be a good choice; there’s a lot of passenger traffic that continues on Nod Road and Tariffville Road. Mr. Kushner explained that Route 10 is a State road and permission would never be granted but added that possibly in the future.
In response to Mr. Gackstatter’s question, Mr. Kushner explained that there are no lines; the chevrons (“sharrows”) are painted at certain intervals on both sides of the road. He noted that there are recommended guidelines/standards in the MUTCD (Manual for Uniform Traffic Control Devices) but added that it appears that some of the Towns that have painted “sharrows” have not followed these standards. He indicated that ongoing internal discussions with Town Staff will continue.
Mr. Bonner noted his concerns with potential liability for the Town if bicycle lanes are marked. Mr. Kushner confirmed that liability discussions have taken place and noted that CIRMA is the Town’s insurance group and an advisor has been assigned. He noted that that is why the MUTCD standards have been discussed. Mr. Bonner reiterated his concerns for liability. Mr. Kushner conveyed his agreement.
Mr. Kushner concluded by noting that the bicycle project will be ongoing as the Town Council is interested and while there is no budget in place for the current year, a request of $10K has been submitted for next year.
Amend Chapter 5 – POCD – public hearing scheduled for February 19, 2013
Mr. Kushner reported that the proposed amendment to Chapter 5 has been submitted to CRCOG for review, as there is a 65-day lead time. A public hearing will be scheduled for February 19.
There being no further business, the meeting adjourned at 8:35pm.
Mrs. Primeau motioned to adjourn and enter into Executive Session. The motion, seconded by Mr. Bonner received unanimous approval.
EXECUTIVE SESSION
Pending litigation was discussed.
Respectfully submitted,
Linda Sadlon, Clerk
LEGAL NOTICE
TOWN OF AVON
The Planning and Zoning Commission of the Town of Avon will hold a Public Hearing on Tuesday, January 15, 2013, at 7:30 P.M. at the Avon Town Hall:
Proposed Settlement of Litigation: Golf Club of Avon, Incorporated and JZMAR, LLC v. Town of Avon Planning & Zoning Commission, Superior Court, Judicial District of Hartford, Docket No. HHD-CV-12-6034458-S. Property owned by Golf Club of Avon, Incorporated, located north of Country Club Road and south of Pioneer Drive in the Town of Avon. Subject matter of settlement involves proposed rezoning of approximately 6.25 acres of land from ROS to R-40 and resubdivision of the same land into five lots.
App. #4643 Sunlight Construction, Inc., owner/applicant, request for 5-lot subdivision, 7.23 acres, 45 Sunrise Drive, Parcel 4190045, in
an R40 Zone
App. #4644 Timothy and Walter Parylak, owners/applicants, request for 2-lot subdivision, 3.725 acres, 655 and 661 Lovely Street, Parcels 3060655 and 3060661 in R30 and R40 Zones
App. #4645 Lothar and Elizabeth Candels, owners, John Noelke, applicant, request for Special Exception under Section VI.D.3.b. of Avon Zoning Regulations to permit outdoor sculpture display, 2 Mountain View Avenue, Parcel 3250002 in a CS Zone
App. #4646 Sunset of Avon LLC, owner, Michele Pellegatto, applicant, request for Special Exception under Section VI.C.3.d of Avon Zoning Regulations to permit 24-hour access to existing health club, 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 31st day of December, 2012.
PLANNING AND ZONING COMMISSION
Duane Starr, Chair
Linda Keith, Vice-Chair
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