The Planning and Zoning Commission of the Town of Avon held a meeting at the Avon Town Hall on Tuesday, March 27, 2012. Present were Duane Starr, Chair, Carol Griffin, David Cappello, Peter Mahoney, Marianne Clark, Christian Gackstatter, and Alternates Elaine Primeau and Jenna Ryan. Mrs. Primeau and Ms. Ryan sat for the meeting; Mr. Cappello did not sit. Absent were Linda Keith, Vice-Chair, and Alternate Donald Bonner. Also present was Steven Kushner, Director of Planning and Community Development.
Mr. Starr called the meeting to order at 7:30 pm.
APPROVAL OF MINUTES
Mr. Mahoney motioned to approve, as submitted, the minutes of the March 6, 2012, meeting. The motion, seconded by Ms. Ryan, received approval from Messrs. Mahoney and Cappello and Mesdames Ryan and Primeau. Messrs. Starr and Gackstatter and Mesdames Griffin and Clark abstained, as they had not been present at the March 6 meeting.
PUBLIC HEARING
App. #4587 - Mary Vernon, owner, Lawrence Vernon, applicant, request for Special Exception under Section IV.5 of Avon Zoning Regulations to permit modification of density requirement for first division of land, 57 Smith Road, Parcel 3990057, in an R30 Zone
Present to represent this application were David Whitney, PE, Consulting Engineers; and Larry Vernon, owner and applicant.
Mr. Whitney explained that there is an existing house and a couple of existing barns on the site; the house was constructed in 1875. He added that the property can be divided via a “free cut”, as it has never before been divided; he noted that no subdivision application is required. The proposal is to divide the property down the middle to create one new lot in the R30 zone. He noted that the proposal also requests a waiver of the density requirement, as the density equates to 1.6 lots due to some steep slopes on the site. He noted that a variance relating to side yards was granted by the Zoning Board of Appeals to allow the existing barns to remain on the site. He added that there are several other barns/sheds in the neighborhood that have existed for many years, before the
adoption of zoning, that are located close to boundary lines such that the subject barns are not out of character. He submitted photos of the site taken from various directions. He noted that there would be minimal cuts and fills and only one tree would need to come down for the proposed house. He explained that the applicant believes that the Special Exception criteria in Section VIII of the Zoning Regulations have been satisfied. He commented that the proposed house shown on the plan may be a little larger than the house that will actually be constructed, as most of the existing, nearby houses are smaller than the proposed house. Public water and sewer are available and there are no wetlands on the site.
Mr. Whitney addressed the sightline for the driveway and noted that there has been some discussion by Town Staff about possibly adding a stop sign in the area and also the possibility of moving the driveway entrance to the north.
In response to Mr. Starr’s question, Mr. Whitney confirmed that the driveway location has been moved down (south) from its original location such that it looks straight up the hill to Smith Road. He added that, originally, the driveway entrance was located 30 feet further to the north but there was a concern about sightlines up Smith Road. He added that he feels a stop sign would be sensible in this location. Mr. Starr commented that he doesn’t see the driveway as a big problem. Mr. Whitney concurred and added that he would be happy to move the driveway location in response to recommendations from the Town Engineer and Police Chief.
In response to Mr. Starr’s question, Mr. Kushner explained that the Police Chief does not recommend a stop sign at this location and added that the Town Engineer recommends that the proposed driveway be shifted a fair distance towards New Road, to address vehicles coming down the hill along the severe curve. He suggested that the driveway location be approved by both the Chief of Police and the Town Engineer, if the Commission is considering an approval
Mr. Starr noted that he doesn’t necessarily agree that moving the proposed driveway is a good idea; he added that he feels being able to look straight up Smith Road is a better situation. He added that if a vehicle didn’t stop and went too far they would not reach the house.
Mr. Whitney commented that he doesn’t think Smith Road is heavily trafficked during the day. He noted that when he inspected the site the cars he saw appeared to drive cautiously around the curve. He added that the applicant is agreeable to locating the driveway wherever is determined to be the best location.
In response to Mr. Gackstatter’s question about requesting a zone change, Mr. Whitney explained that the entire site is currently zoned R30, as is the entire surrounding neighborhood. Mr. Kushner concurred and added that there are R15-zoned lots located further west but explained that requesting a zone change to R15 for the subject lot would be out of context with the rest of Smith Road. Mr. Whitney explained that the only waiver being requested is for density and added that this waiver would be needed even if there weren’t an area of steep slopes on the site. Mr. Gackstatter noted his concern that too large of a house would be constructed on a small lot; he commented that rezoning to R15 would force a more appropriately-sized house for the lot. Mr. Kushner explained that that would not
necessarily be the case and added that the square footage from two smaller houses could add up to more mass and more square footage than one house. Mr. Starr noted that there is a maximum footprint that could fit on the lot; he added that the market will also drive the house size. Mr. Whitney concurred and added that he has shown a realistic house on the proposed plan; he noted that the house fits easily but may be larger than what actually gets built. Mrs. Primeau commented that the proposed house satisfies all of the setback requirements.
There being no further input, the public hearing for App. #4587 was closed.
App. #4590 - Nod Brook LLC, owner, Eric Johnson, applicant request for Special Exception under Sections V.D. and V.O.5. of Avon Zoning Regulations to permit outdoor display and outdoor seating, 315 West Main Street, Parcel 4540315, in a CR Zone
Present to represent this application was Don Deroge, Fresh Market store manager in Avon.
Messrs. Starr and Gackstatter and Mesdames Griffin and Clark reported that they were not present at the March 6 meeting but noted that they have read the minutes and are familiar with the content. Mr. Kushner commented that the supplemental information provided by the applicant addresses most of the issues discussed at the March 6 meeting. He noted that the drawings now show in more detail the fencing proposed for the outdoor seating area, as well as sections of railing that have been added to the east and west ends. The outdoor display area is also better defined on the drawing; a 5-foot strip of sidewalk has been identified. Mr. Kushner noted that the corners of the outdoor display area should be marked on the pavement to alert the store staff where the boundaries are (i.e., some type of small
disc that could be attached to the concrete). He commented that the cart condition in the parking lot seems to have improved over the last couple of weeks.
Mr. Deroge commented that it is Fresh Market’s policy to escort customers with 2 bags or more out to their cars; the carriages are brought back in from the parking lot at that time.
Mr. Kushner addressed trash collection, cardboard recycling, and wooden pallets and noted that at the last meeting Fresh Market indicated that the frequency of collection was to be increased. Mr. Deroge noted that a couple of outside vendors have been contracted to pick up the pallets. The bales are picked up a minimum of once a week (normally on Friday nights); the store normally produces one bale a day. A new self-contained compactor is scheduled to be delivered in early April to replace the existing open compactor (there is a liner inside to prevent leakage).
In response to Mrs. Griffin’s question Mr. Deroge noted that there would be no outdoor display in the winter. The items displayed would include fresh fruits and live annual plants and would be placed only within the marked area.
In response to Ms. Ryan’s question, Mr. Deroge explained that he isn’t sure exactly how many outdoor displays would be placed on each side of the front door; he noted that it would depend on how many fit in the designated area (possibly between 4 and 6 on each side).
There being no further input, the public hearing for App. #4590 was closed.
App. #4591 - Lovley Development, Inc, owner, Ronald Frattini, applicant, request for Special Exception under Section IV.A.4.p. of Avon Zoning Regulations to permit 2 rear lots, 181 Arch Road, Parcel 1090181, in an R40 Zone
Present to represent this application was Brian Denno, Denno Land Surveying, representing the owner.
Messrs. Starr and Gackstatter and Mesdames Griffin and Clark reiterated that they were not present at the March 6 meeting but noted that they have read the minutes and are familiar with the content.
Mr. Denno explained that the existing property has 165 feet of frontage on Arch Road; the current Zoning Regulations require 170 feet of frontage in an R40 Zone. He noted that there is not enough land to create a rear lot with an access strip owned in fee; the request is for an easement over the front lot to access the rear lot. The proposal includes the demolition of the existing house (currently located in front of the 60-foot building line) and a new house to be constructed further back on Arch Road (approximately 160 feet back from Arch Road), meeting all zoning setbacks. Mr. Denno noted that both houses would be served by well and septic and each would have their own driveway.
In response to Mr. Starr’s questions, Mr. Denno explained that a public road with 3 front lots has been studied as an alternative layout; each lot would have a minimum of 40,000 SF and the density requirement would permit 3 lots. Mr. Denno confirmed that the alternate layout would require a subdivision application and the owner would propose a fee in lieu of open space dedication. Mr. Starr indicated that he doesn’t like the current easement proposal and noted his preference for a subdivision showing the alternate layout. Mrs. Griffin commented that the alternate layout is much cleaner.
In response to Mr. Mahoney’s question, Mr. Starr addressed the alternate layout and explained that the frontages for the 3 lots being proposed would be measured against the new road shown on the plan, as opposed to Arch Road.
In response to Mr. Carvalho’s (173 Arch Road) comments and questions, Mr. Starr explained that the houses are being proposed in an existing residential area. Mr. Carvalho noted his concerns that the proposal is being changed from 2 lots to 3 lots with a new road and added that he is the only neighbor in attendance tonight. Mr. Starr explained that the current application will need to be withdrawn by the applicant. He further explained that the applicant is required to submit a new application for a 3-lot subdivision with a road; he added that a new public hearing would be conducted and the neighbors could all be present. Mr. Starr noted that there has never been a requirement in Avon to post signs on properties that are the subject of an application; legal notices appear in the Hartford
Courant.
Mr. Starr reported that the Commission does not appear to be in favor of the proposed easement in connection with the current application. He added that a new application that meets the Zoning Regulations could be submitted. Mr. Denno explained that the most current layout showing 3 lots with a road was created in response to the neighbors’ concerns at the last meeting. He noted that the original proposal was for 2 lots, which would be less impact on the neighborhood, but added that if that doesn’t work the applicant will pursue the 3-lot layout.
Mr. Starr noted his understanding and reiterated that the area is an existing residential neighborhood where houses are being proposed, not commercial uses.
In response to Mrs. Primeau’s concern about the easement and the location of the proposed driveway, Mr. Denno explained that the sightlines were checked and noted that they actually exceed the State’s standards.
In response to Mr. Starr’s question, Mr. Denno stated that the applicant will withdraw App. #4591. He added that he would send written confirmation of the withdrawal to the Town.
App. #4594 - Old Avon Realty, LLC, owner, Capitol Region Education Council, applicant, request for Special Exception under Section III.H. of Avon Zoning Regulations to permit earth removal, 59 Waterville Road, Parcel 4500059, in an RU2A Zone
Present to represent this application were Luke McCoy, LA, Friar Associates; and Josh Johnson, Newfield Construction, Inc.
Mr. McCoy explained that CREC has received an approval to construct an elementary magnet school on the subject site; the red barn and the cider mill will be taken down/demolished and the yellow barn (Le Jardin) will either be moved to a new location or taken down. The area where the yellow barn exists will serve as over flow parking for the school. He explained that a play area is shown on the west side of the site and there is an option to make a larger play area (youth soccer field) depending on bids and funding.
Mr. McCoy addressed earth removal and noted that the base bid is for 6,100 cubic yards of earth removal; he noted that if the alternate plan for the soccer field is accepted, there would be an additional 3,000 cubic yards of fill removed. He explained that there is a large mound that runs through the property that needs to be cut in order to meet the egress points for Avonwood Road and the emergency access. He noted that a retaining wall is proposed to the rear of the site.
Mr. McCoy addressed the construction schedule and noted that ground breaking is hoped for late June 2012; erosion control and site clearing would be the first steps with temporary trailers and temporary utilities installed. He noted that school construction would take place from July 2012 to July 2013. The final plantings and the lawn would be installed before the school opening, which is planned for September 2013. The construction entrance and exit would be from Avonwood Road onto Route 10. Mr. McCoy noted that Avonwood Road would be rebuilt as one of the last pieces of the construction process, after construction has been completed.
Mr. Starr asked about schedules and timing for earth removal and requested that commuter rush hours be considered. He asked that the police department be consulted about using a flagman noting his understanding that a traffic light has been approved. Mr. McCoy conveyed his understanding of the need for a schedule for earth removal and confirmed that a traffic light has been approved at this location. He introduced Josh Johnson, Newfield Construction, noting that he will be the construction manager for the school project. He noted that the construction contractor will be responsible for traffic control during earth removal.
In response to Mr. Starr’s question, Mr. McCoy noted that until the bids come in the exact amount of earth removal cannot be determined; it would be either approximately 6K or 9K cubic yards.
In response to Mrs. Primeau’s question, Mr. Johnson explained that, typically, there are 10 to 12 loads per truck; 6K cubic yards divided by 12 equates to approximately 600 to 900 truckloads in total over a year-long period running from July 2012 to July 2013. Mrs. Primeau noted her concerns with the bus stop on Avonwood Road; she added that the truck hours should not conflict with the school hours. Mr. Johnson noted his understanding and added that school bus times as well as commuter hours would be taken into account when the schedule for earth removal is planned.
Mrs. Griffin noted that school buses for CREC cannot travel over Avon Mountain and asked if this same condition can apply to the earth removal trucks.
Mr. Starr commented that it is not known yet where the material will be hauled to; he added that Avon Mountain has been rebuilt to handle truck traffic.
Mr. Johnson concurred with Mr. Starr and acknowledged that it is not known at this time where the material would be transported to and it won’t be known until the contractor is selected. He explained that it could be written into the document, at the Commission’s request, that Avon Mountain is not to be used.
Mr. Starr noted his understanding but noted that he would not want to create a burden for either Farmington or Simsbury and reiterated that Avon Mountain has been rebuilt and is probably better equipped to handle truck traffic than the roads that would be used as alternatives.
Mrs. Primeau noted that she has more concerns with using Nod Road and Waterville Road than using Avon Mountain.
Mr. Starr commented that State highways could be requested.
Mr. Kushner commented that it is possible that some of the earth removal could be used elsewhere in Avon and local roads would have to be used. Mr. Starr concurred. Mr. Kushner commented that the Traffic Authority could be requested to make a final determination with regard to truck routes and schedules.
Mr. McCoy noted that the applicant will work with the Town regarding an earth removal plan once a contractor is established.
In response to Mr. Mahoney’s questions, Mr. McCoy stated that an approval for a traffic light has been received from the State Traffic Commission (STC). A full traffic light with a left-turning lane for Avonwood Road (traveling north on Route 10) as well as a bypass lane on the right have been approved and will be incorporated as part of the school construction. Mr. McCoy explained that Route 10 in that area will be widened slightly on either side. He added that it has been determined, via research of STC records, that there isn’t enough room for a full turning lane due to the slope in the area. Mr. McCoy noted that it has been determined that no turning lane is needed for traffic heading in a southerly direction on Route 10.
In response to comments from Mrs. Clark and Mr. Gackstatter, Mr. McCoy explained that the property owner intends/hopes to have the yellow barn removed from the site and utilized at another location but noted that this is out of CREC’s control. He added that the property owner must make a decision regarding the disposition of the yellow building by March 2013; if it hasn’t been moved by spring 2013 it will have to be taken down. He concluded by noting that any earth removal in connection with the yellow barn will be minimal and will take place near the last 4 months of the year-long construction schedule; erosion control methods will follow recommendations by DEEP.
In response to Mrs. Clark’s question, Mr. Johnson explained that Avonwood Road would be rebuilt in July 2013.
There being no further input, the public hearing for App. #4594 was closed, as well as the entire public hearing.
PLANNING AND ZONING COMMISSION MEETING
Mrs. Primeau motioned to waive Administrative Procedure #6 and consider Apps. #4587, #4590, and #4594. Mr. Gackstatter seconded the motion that received unanimous approval.
App. #4587 - Mary Vernon, owner, Lawrence Vernon, applicant, request for Special Exception under Section IV.5 of Avon Zoning Regulations to permit modification of density requirement for first division of land, 57 Smith Road, Parcel 3990057, in an R30 Zone
Mrs. Primeau motioned to approve App. #4587 subject to the following conditions:
1. A density waiver is granted.
2. The location of the driveway entrance is subject to review and approval by the Town Engineer and the Traffic Authority. A driveway plan/detail shall be submitted to the Director of Planning for review with the Town Engineer and Traffic Authority.
The motion, seconded by Mrs. Clark, received approval from Mesdames Primeau, Clark, Griffin, and Ryan and Messrs. Starr, Mahoney, and Gackstatter.
The Commission unanimously concurred that the Special Exception criteria listed in Section VIII of the Zoning Regulations has been satisfied.
App. #4590 - Nod Brook LLC, owner, Eric Johnson, applicant request for Special Exception under Sections V.D. and V.O.5. of Avon Zoning Regulations to permit outdoor display and outdoor seating, 315 West Main Street, Parcel 4540315, in a CR Zone
In response to Mr. Mahoney’s question, Mr. Kushner explained that the Town is holding a bond to guarantee plantings on the site as soon as the weather permits.
Mr. Mahoney motioned to approve App. #4590 subject to the following condition:
1. The corners of the outdoor display area shall be marked on/in the concrete. The details of how these markings are to be established shall be reviewed with and approved by the Director of Planning.
The motion, seconded by Mrs. Clark received approval from Messrs. Mahoney and Starr and Mesdames Clark, Griffin, Primeau and Ryan. Mr. Gackstatter voted in opposition to approve App. #4590.
App. #4594 - Old Avon Realty, LLC, owner, Capitol Region Education Council, applicant, request for Special Exception under Section III.H. of Avon Zoning Regulations to permit earth removal, 59 Waterville Road, Parcel 4500059, in an RU2A Zone
Mrs. Griffin motioned to approve App. #4594 subject to the following condition:
1. A schedule for earth removal indicating roads/routes to be used as well as days/hours of operation for truck traffic shall be submitted to the Traffic Authority for review and approval. The schedule shall not interfere or conflict with either the hours for school bus pickup and dropoff on Avonwood Road or the morning and evening commuter hours on Waterville Road.
The motion seconded by Ms. Ryan, received approval from Mesdames Griffin, Ryan, and Primeau and Messrs. Starr and Gackstatter. Mrs. Clark and Mr. Mahoney abstained.
OTHER BUSINESS
Request for second kitchen in home - 177 High Ridge Road - Shirley Ripper
Mr. Starr commented that the subject request is the same as any other home-based business. There is no request for any outside employees; there is no change to the outside appearance of the house; and there are no additional parking requirements.
In response to Mr. Gackstatter’s concern about grease storage, Mr. Starr explained that that issue would fall under the purview of the Farmington Valley Health District.
In response to Mrs. Griffin’s question, Mr. Starr noted that the owner is asking to be able to make baked goods in her home.
Mrs. Primeau conveyed her opinion that if an approval is being considered that a condition be attached such that if the current owner sells the house that the second kitchen must be taken out. Mr. Kushner concurred.
Mr. Starr commented that a motion could be made to accept the commercial kitchen use but note that the second kitchen is only valid for this specific business use and is not to be used as part of a second dwelling unit within the house. Mrs. Griffin noted her agreement with Mr. Starr and added that she feels this is a good idea because sometimes people don’t ask permission before they rent out space in their home. Mrs. Primeau noted her agreement with both Mr. Starr and Mrs. Griffin.
Mr. Kushner offered to send a letter to the homeowner indicating that the Commission has approved her request for a second kitchen with the following conditions:
1. A second kitchen is approved for the sole purpose of preparing baked goods and cannot be used in association with a second dwelling unit within the house.
2. No outside employees are permitted.
3. No modifications to the outside of the residence that would alter its single-family appearance are permitted.
4. The volume of business/deliveries shall be such that it does not create a nuisance or disturbance in the neighborhood or diminish property values.
5. If the business ceases to operate or is moved to another location and/or the house is sold to a new owner, the second kitchen shall be removed.
6. Should any of the above conditions not be met the Commission reserves the right to withdraw this approval.
The Commission indicated their understanding and agreement.
There being no further business, the meeting adjourned at 8:30pm.
Respectfully submitted,
Linda Sadlon, Clerk
LEGAL NOTICE
TOWN OF AVON
At a meeting held on March 27, 2012, the Planning and Zoning Commission of the Town of Avon voted as follows:
App. #4587 - Mary Vernon, owner, Lawrence Vernon, applicant, request for Special Exception under Section IV.5 of Avon Zoning Regulations to permit modification of density requirement for first division of land, 57 Smith Road, Parcel 3990057, in an R30 Zone APPROVED WITH CONDITIONS
App. #4590 - Nod Brook LLC, owner, Eric Johnson, applicant request for Special Exception under Sections V.D. and V.O.5. of Avon Zoning Regulations to permit outdoor display and outdoor seating, 315 West Main Street, Parcel 4540315, in a CR Zone APPROVED WITH CONDITION
App. #4594 Old Avon Realty, LLC, owner, Capitol Region Education Council, applicant, request for Special Exception under Section III.H. of Avon Zoning Regulations to permit earth removal, 59 Waterville Road, Parcel 4500059, in an RU2A Zone APPROVED WITH CONDITION
In addition, the following application was withdrawn:
App. #4591 - Lovley Development, Inc, owner, Ronald Frattini, applicant, request for Special Exception under Section IV.A.4.p. of Avon Zoning Regulations to permit 2 rear lots, 181 Arch Road, Parcel 1090181, in an R40 Zone WITHDRAWN
Dated at Avon this 28th day of March, 2012. Copy of this notice is on file in the Office of the Town Clerk, Avon Town Hall.
PLANNING AND ZONING COMMISSION
Duane Starr, Chair
Linda Keith, Vice-Chair
LEGAL NOTICE
TOWN OF AVON
The Planning and Zoning Commission of the Town of Avon will hold a Public Hearing on Tuesday, April 10, 2012, at 7:30 P.M. at the Avon Town Hall:
App. #4598 - Avon Land Trust, owner, Town of Avon, applicant, request for Zone Change from RU2A to ROS, 17.21 acres, 65 Chidsey Road, Parcel 1780065
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 27th day of March, 2012.
PLANNING AND ZONING COMMISSION
Duane Starr, Chair
Linda Keith, Vice-Chair
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