The Planning and Zoning Commission of the Town of Avon held a meeting at the Avon Town Hall on Tuesday May 22, 2012. Present were Duane Starr, Chair, Linda Keith, Vice-Chair, Carol Griffin, Marianne Clark, Christian Gackstatter and Alternates Donald Bonner and Jenna Ryan. Mr. Bonner and Ms. Ryan sat for the meeting. Absent were David Cappello, Peter Mahoney, and Alternate Elaine Primeau. Also present was Steven Kushner, Director of Planning and Community Development.
Mr. Starr called the meeting to order at 7:30pm.
APPROVAL OF MINUTES
Mr. Gackstatter motioned to approve the May 1, 2012, minutes, as submitted. The motion, seconded by Ms. Ryan, received unanimous approval.
PUBLIC HEARING
App. #4601- Shops at Applewoods LLC, owner, ARG Restaurant Group LLC, applicant, request for Special Exception under Section VI.D.3.a.of Avon Zoning Regulations to permit Class III restaurant, 51 East Main Street, Parcel 2140051 in a CS Zone
Present to represent this application was Anthony Giraulo, applicant.
Mr. Giraulo explained that the proposal is to relocate his existing restaurant, The Grist Mill (currently located in Farmington) to 51 East Main Street and occupy the Carmen Anthony Fishhouse tenant space. He noted that his intention is to operate his restaurant in the same manner as Carmen Anthony’s Fishhouse. He acknowledged his awareness of the residential properties located near 51 East Main Street and explained that he has operated his restaurant in Farmington for the past 10 years in a location surrounded by residential properties. He noted that he is familiar with and has no issues complying with the guidelines that are necessary to operate a restaurant in this environment. Mr. Giraulo concluded by noting that he is looking forward to coming to Avon and added that he feels his
restaurant will be a favorable addition to the Town.
Mr. Starr reviewed the conditions imposed with the approval of Carmen Anthony Fishhouse in 2001 noting that use of the outdoor deck was allowed subject to compliance with local and State noise standards and no music or alcohol was permitted on the deck after 10pm. In addition, if deemed necessary by the Director of Planning, the applicant was required to hire an acoustical engineer to demonstrate compliance with noise standards should an issue arise. Mr. Giraulo stated that he has no problems with those conditions.
In response to Ms. Keith’s question, Mr. Giraulo explained that the hours of operation will be the same as Carmen Anthony Fishhouse; 11 am to 2:30pm for lunch and 4:30pm to 9pm or 10pm, at the latest, for dinner.
In response to Mr. Bonner’s question, Mr. Giraulo noted that he could see no reason to serve dinner past 10pm.
Mr. Starr explained that the hours of operation for the outdoor deck would be more of a concern than the inside hours. Mr. Giraulo confirmed/clarified that 10pm would be the latest for indoor dining and added that 9pm would be the latest for outdoor dining. He explained that the outdoor dining at his Farmington location never extend past 9pm.
In response to Ms. Keith’s question, Mr. Giraulo confirmed that he would not change the existing outdoor lighting arrangement; the hope is for a relaxed dining environment.
There being no further input, the public hearing for App. #4601 was closed.
App. #4602 - River Mead Condominium Association, owner/applicant, request for Special Exception under Section VII.C.3.b.(3) of Avon Zoning Regulations to permit detached identification sign, 100 River Mead, Parcel 3740100, in an RU2A Zone
Present to represent this application were Pat Salaris, River Mead Condominium Association, and David Murphy, Serigraphs.
Ms. Salaris explained that the proposal is to replace the 2 existing single-faced, detached signs with 1 double-faced sign. Mr. Starr noted his understanding. She noted that the existing sign is lit but noted that the light source is shielded and only shines on the sign itself.
There being no further input, the public hearing for App. #4602 was closed.
App. #4605 - Town of Avon, owner/applicant, request for Special Exception under Section VII.C.3.b.(2) of Avon Zoning Regulations to permit park entrance sign, 60 Simsbury Road, Parcel 3970060, in an ROS Zone
Present to represent this application was Matt Howard, Eagle Scout and Avon resident.
Mr. Howard explained that the proposal is to replace the existing old wooden sign at Sperry Park and remove the overgrown juniper plants that surround it. He noted that his intent is to install a new, professionally-made wooden sign, in the same location, and plant small flowering plants.
In response to Mr. Starr’s question, Mr. Howard noted that the existing sign has lights but noted that they don’t work.
In response to Mrs. Clark’s question, Mr. Howard explained that he intends to plant some flowering annuals but noted that the majority would most likely be perennials. He offered assurances that he would plan ahead such that the area would be essentially maintenance free (except for grass cutting) and remain in good condition for a number of years. He added that because the Park is maintained by the Town of Avon he could not guarantee that flowers would be planted from year to year.
Mrs. Griffin suggested that some small evergreens be considered for planting because once the project is done the area may not be maintained and small evergreen plants would not grow big and cover up the sign. She added that she doesn’t believe the Town typically maintains flower beds.
Mr. Howard explained that the ground area under the sign foundation is higher than the grassed area and added that he plans work with the Public Works Department to level the area. The plants chosen would be small and maintenance free and of a type that would not overgrow the sign.
In response to Ms. Ryan’s question, Mr. Howard commented that he plans to have the existing lights removed but doesn’t intend to add new lights.
Mr. Starr noted that a letter of support has been received from the Town’s Director of Parks and Recreation.
Mr. Kushner stated that Matt has done a very good job coordinating with both the Parks and Recreation Department and the Public Works Department; he added that Matt will coordinate with the Public Works Department regarding maintenance of the sign/planting area.
There being no further input, the public hearing for App. #4605 was closed, as well as the entire public hearing.
PLANNING AND ZONING COMMISSION MEETING
Mr. Gackstatter motioned to waive Administrative Procedure #6 and consider Apps. #4601, #4602, and #4605. Mrs. Griffin seconded the motion that received unanimous approval.
App. #4601- Shops at Applewoods LLC, owner, ARG Restaurant Group LLC, applicant, request for Special Exception under Section VI.D.3.a.of Avon Zoning Regulations to permit Class III restaurant, 51 East Main Street, Parcel 2140051 in a CS Zone
Mrs. Griffin motioned to approve App. #4601 subject to the following conditions:
1. Piano music is permitted to the outdoor deck area via speakers in accordance with and subject to compliance with local and State noise standards.
2. No service of alcohol and no music are permitted on the deck after 10pm.
3. As deemed necessary by the Director of Planning, the applicant shall hire, at his own expense, an acoustical engineer to demonstrate compliance with local and State noise standards at the common boundary with residential properties to the south.
The motion, seconded by Ms. Ryan, received unanimous approval.
App. #4602 - River Mead Condominium Association, owner/applicant, request for Special Exception under Section VII.C.3.b.(3) of Avon Zoning Regulations to permit detached identification sign, 100 River Mead, Parcel 3740100, in an RU2A Zone
Mr. Gackstatter motioned to approve App. #4602 subject to the following condition:
1. The light source shall be shielded and/or screened.
The motion, seconded by Mr. Bonner, received unanimous approval.
App. #4605 - Town of Avon, owner/applicant, request for Special Exception under Section VII.C.3.b.(2) of Avon Zoning Regulations to permit park entrance sign, 60 Simsbury Road, Parcel 3970060, in an ROS Zone
Mrs. Clark motioned to approve App. #4605 subject to the following condition:
1. If a light source is installed, it shall be shielded/screened from Route 10.
The motion, seconded by Ms. Ryan, received unanimous approval.
STAFF REPORT
Emergency road connections and associated maintenance - public & private
Mr. Kushner reported that he has discussed this topic with Town Staff and added that he may ask the Fire Marshal to attend a Planning and Zoning Commission meeting in the near future. He noted that the Fire Marshal is working on a map to identify all the emergency road connections in Town that have been required by the Commission over the years; the importance of each connections may also be ranked. He noted that the Fire Marshal has indicated that there may be some connections that could be abandoned, as they are not used, but further indicated that some connections are a high priority, as they are used frequently. Mr. Kushner explained that the Fire Marshal has noted that the connections being used are being properly maintained (i.e., the gate at Farmington Woods). Mr. Kushner reported that
the Police Chief has confirmed that, typically, the police are not using the emergency connections because they can drive faster than fire trucks and usually can just use a different route. He noted that the Fire Marshal has indicated that using the gate at Farmington Woods can save 2 to 3 miles, depending on where the trucks are coming from. He commented that most of the connections are used only for fire access.
Mr. Gackstatter commented that the connections are also in place for emergency purposes such as when/if a main entrance is blocked by a tree or a fire there is an alternate way for police to get in. Mr. Kushner noted his agreement but added that the police did not indicate that that scenario was general protocol. He noted that fire trucks carry equipment to cut trees out of the way as does the public works department.
Ms. Keith noted that many of the emergency connections that exist were required by the Commission as a result of requests from others; she added that the Commission did not develop them. Mr. Kushner noted his agreement and added that he mentioned this point at the planning staff meeting. He noted that, often, many discussions taken place at the Staff level with developers regarding the cost of developing and maintaining these connections. He noted that a good review of these connections is necessary to ensure that what is needed by both fire and police is what the Commission is actually requiring.
Mr. Kushner addressed fire ponds/cisterns and noted that they are required in certain circumstances, per the Subdivision Regulations. They have sometimes been requested by the Fire Marshal and the Commission, in turn, required them as part of certain project approvals. The developer builds the fire ponds in accordance with a plan approved by the Town Engineering Department and get tested for leaks. He noted that while there is currently no formal inspection and maintenance schedule, the intent is to address this issue going forward.
Tree cutting on Open Space - Avon Mountain
In response to Ms. Keith’s question, Mr. Kushner offered an update on the tree cutting in the open space on Avon Mountain. He explained that the Town Council approved a draft agreement at their last meeting. He noted that two meetings have taken place on the Mountain with both David and Richard Gordon to discuss the restoration plan and inspect the work that has been done at 45 Deercliff Road (David Gordon residence). He noted that the work at 45 Deercliff Road is now 100% complete. Mulch has been added to the area adjacent to the pool and a double row of shrubs has been installed, in accordance with the approved plan; trees have also been added, as required by the restoration plan. Mr. Kushner commented that David Gordon indicated that approximately 50 trees (saplings) have been
installed on the Town open space, in the area where the 30 trees were cut. He added that this area was inspected recently by the Town (from the Gordon property), and the finding was that the area is already a dense jungle of vines and the stumps are starting to grow. Mr. Kushner explained that a second Town inspection on the open space verified that some of the saplings have been planted but he pointed out that identification of 50 saplings is not possible due to the steepness of the slope. He noted that David Gordon, at the Town’s request, has submitted a copy of the invoice from the landscaper. He noted that the Town Attorney is working on an agreement document and a map that will be filed on the Land Records explaining the required remediation work and the 5-year monitoring time period. He concluded by noting that the Gordon family has asked that a release be filed on the Land Records once the 5-year monitoring period has ended; the Town has
agreed to file such a release.
Extend sidewalks north on Route 10 / STEAP Grant
Mr. Kushner reported that the Town has received three State of CT STEAP (Small Town Economic Assistance Program) Grants, to date; these funds have been used to enhance the existing sidewalk network in Avon Center (north side of Route 44). He noted that the Town has $200K remaining and hopes to use these funds to build sidewalks on the east side of Route 10 (Simsbury Road) beginning at Dr. Beebe’s building (2 Simsbury Road) and ending at Sperry Park (60 Simsbury Road). Mr. Kushner noted that the goal is to have this project done by the fall of 2012; the Commission conveyed their support.
Bicycle and Pedestrian Planning
Mr. Kushner reported that in response to a request by the Town Council and the Town Manager (who are responding, in turn, to a group of Avon residents involved with the “Unplugged Learning Project”), a working group/committee has been created to discuss bicycle and pedestrian access in Avon. He noted that this committee is composed of members of the Town Staff and Larry Sparks, Assistant Principal at Roaring Brook School. Mr. Kushner added that he is the committee chair and noted that the first meeting was held today. He noted that the existing road network in Town will be studied to see which roads could be made more bicycle/pedestrian friendly; he noted that the road width, grade, and geometry are the key components to consider. He pointed out that the creation of bicycle lanes, if
possible, may have the added benefit of slowing the rate of vehicle speed.
Ms. Keith commented that she feels it is important to enforce the rules for bicyclists if lanes are going to be added on main roads, as they tend to cut vehicles off. Mr. Kushner concurred and added that as more people begin to ride bicycles on roads, a growing awareness will hopefully be the result.
Mr. Gackstatter noted that a plan of bicycle networks was created by the Avon Land Trust about six years ago and given to the Town. Mr. Kushner acknowledged that he remembers seeing the plan and added that all the open space parcels owned by the Land Trust and the Town will be considered. Mr. Kushner added that he also needs to find out the Board of Education’s policy for children walking to school on wooded trails. Mr. Gackstatter commented that the Land Trust has had conversations in the past with school administrators; he added that all the schools could be connected together.
Mr. Kushner explained that while bicycle and pedestrian access are the way of the future this concept was not anticipated and/or planned for during the past 10 to 20 years. He added that people have definitely made a connection between health and exercise in recent years.
Mrs. Griffin commented that she feels Country Club Road has a lot of steep hills and would not be the best road for bicycle routes; she added that she feels roads such as Brookmoor Road would be a better choice to access Carriage Drive and Hollister Drive, which has more gradual slopes and better suited for bicycles.
Mrs. Clark agreed with Mrs. Griffin that bicycle routes would be better located off the main roads for safety reasons.
Ms. Keith commented that there is a need to provide for walkers as well.
Mr. Kushner concluded by noting that although there is no budget for this project the hope is to create a plan; he noted that the Rails to Trails network is a good place to begin.
There being no further business, the meeting adjourned at 8:40pm
Respectfully submitted,
Linda Sadlon, Clerk
LEGAL NOTICE
TOWN OF AVON
At a meeting held on May 22, 2012, the Planning and Zoning Commission of the Town of Avon voted as follows:
App. #4601- Shops at Applewoods LLC, owner, ARG Restaurant Group LLC, applicant, request for Special Exception under Section VI.D.3.a.of Avon Zoning Regulations to permit Class III restaurant, 51 East Main Street, Parcel 2140051 in a CS Zone APPROVED WITH CONDITIONS
App. #4602 - River Mead Condominium Association, owner/applicant, request for Special Exception under Section VII.C.3.b.(3) of Avon Zoning Regulations to permit detached identification sign, 100 River Mead, Parcel 3740100, in an RU2A Zone APPROVED WITH CONDITION
App. #4605 - Town of Avon, owner/applicant, request for Special Exception under Section VII.C.3.b.(2) of Avon Zoning Regulations to permit park entrance sign, 60 Simsbury Road, Parcel 3970060, in an ROS Zone APPROVED WITH CONDITION
Dated at Avon this 23RD day of May, 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, June 12, 2012, at 7:30 P.M. at the Avon Town Hall:
App. #4606- Riverdale Farms LLC, owner, ROS Restaurants LLC, applicant, request for Special Exception under Section VI.F.3.c. of Avon Zoning Regulations to permit Class III restaurant, 124 Simsbury Road, Parcel 3970124 in a CP-B Zone
App. #4607 - Avon Village LLC, owner/applicant, request for Zone Change from R40 to CP-A 2.932 acres, 117 Simsbury Road, Parcel 3970117, and 8.071 acres, 121 Simsbury Road, Parcel 3970121
App. #4611- Reflexite Corporation, owner/applicant, request for Special Exception under Section VII.B.4.a. and c. of Avon Zoning Regulations to permit temporary parking reduction, 120 and 140 Darling Drive, Parcels 2030120 and 2030140 in an IP Zone
App. #4612- Reflexite Corporation, owner/applicant, request for Special Exception under Section III.H. of Avon Zoning Regulations to permit earth removal, 120 and 140 Darling Drive, Parcels 2030120 and 2030140 in an IP 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 29th day of May, 2012.
PLANNING AND ZONING COMMISSION
Duane Starr, Chair
Linda Keith, Vice-Chair
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