The Planning and Zoning Commission of the Town of Avon held a special meeting at the Avon Town Hall on Tuesday November 6, 2012. Present were Duane Starr, Chair, Linda Keith, Vice-Chair, David Cappello, Marianne Clark, Peter Mahoney, and Christian Gackstatter, and Alternates Elaine Primeau, and Jenna Ryan. Mrs. Ryan sat for the meeting. Absent were Carol Griffin and Alternate Donald Bonner. 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. Clark motioned to approve the October 9, 2012 minutes, as submitted. The motion, seconded by Mrs. Ryan, received approval from Mesdames Clark, Ryan, and Keith and Messrs. Starr, Cappello and Gackstatter.
Mr. Mahoney abstained, as he was not present at the October 9 meeting.
PUBLIC HEARING
App. #4637 - Thomas Hall, owner, Soden Tek, applicant, request for Special Exception under Sections VI.D.3.a.and V.O.5.of Avon Zoning Regulations to permit Class III restaurant with outdoor dining, 85 East Main Street, Parcel 2140085 in a CS Zone
Present to represent this application were William Case, Case & Case PC, on behalf of the applicant; Soden Tek, applicant; Thomas Hall, owner; and Sam Macaluso, Prudential Realty.
Attorney Case explained that the proposal is to move “The Elephant Trail” restaurant from its existing location in Old Avon Village to 85 East Main Street.
Soden Tek stated that he is the owner and head chef of The Elephant Trail restaurant. He noted that his restaurant has been located in Old Avon Village for 7 years but added that he has outgrown the current space (approximately 1,100 SF) and wishes to move to 85 East Main Street, which is a much larger space.
In response to Mr. Starr’s question, Mr. Kushner indicated that the Staff’s comments/concerns have been satisfied and added that the current parking supports the number of seats proposed. He noted that the building has potential for more seats in accordance with Building and Fire Codes but added that certain limitations would be imposed due to the restrictive nature of the parking lot. Mr. Kushner noted that sketches have been prepared to show some potential for future parking but added that modest waivers (floodplain) would be required in accordance with the Zoning Regulations.
In response to Mr. Starr’s question, Mr. Kushner clarified that only a proposal for additional parking would require a waiver under the Regulations. He explained that tonight’s request is for 45 indoor seats and 8 seats in the outdoor patio and added that a very modest waiver for one parking space is needed.
In response to Ms. Keith’s concerns, Mr. Kushner noted that Staff has no concerns with the proposed outdoor dining and added that there is an opportunity to open up the views to the River. He explained that the Staff would be willing to work with Mr. Tek, if some selective tree cutting is desired.
Mr. Kushner noted that as no liquor license is being sought, customers are allowed to bring their own wine and the normal fenced enclosure requirements do not apply. The existing patio with shrubs around it will remain as is.
There being no further input, the public hearing for App. #4637 was closed.
App. #4638 - Crusheen LLC, owner, O’Neills Chevrolet, applicant, request for Special Exception under Section VII.C.2.f.(3) of Avon Zoning Regulations to permit wall sign larger than 75 square feet, 5 West Main Street, Parcel 4540005, in a CS Zone
Present to represent this application was Dante Boffi, architect, Dante J. Boffi Design LLC.
Mr. Kushner explained that O’Neills Chevrolet would like to have 3 separate signs (O’Neills, Chevrolet, and the Buick symbol) on the front elevation of the building (facing Route 44). He noted that although the Zoning Regulations permit only one sign per building elevation the subject building has a significant amount of frontage on both Route 44 and Old Farms Road and therefore the proposal falls within the parameters of the Regulations. He commented that because the total combined sign area of all 3 signs exceeds 75 square feet, review and approval is required by the Commission.
Mr. Starr commented that there is 108 feet of building frontage along West Main Street therefore 108 SF of signage could be permitted; he added that there is also a service sign that faces Old Farms Road. Mr. Kushner concurred and added that it is his understanding that no additional signage is proposed for the Old Farms Road elevation other than a couple of modest directional signs.
Ms. Keith noted that she has received comments from several people who indicate that the subject building sticks out and is not consistent with the downtown look. She noted her understanding that the Regulations have been met.
In response to Mr. Starr’s question, Sean Sullivan (O’Neills Chevrolet) explained that he would like to come back at a later date to request approval to redo the existing detached sign.
In response to Mr. Cappello’s question, Mr. Kushner explained that the Buick “symbol” is classified as a sign under the Zoning Regulations.
There being no further input, the public hearing for App. #4638, as well as the entire public hearing, was closed.
PLANNING AND ZONING COMMISSION MEETING
Mr. Gackstatter motioned to waive Administrative Procedure #6 and consider the public hearing items. Mrs. Clark seconded the motion that received unanimous approval.
App. #4637 - Thomas Hall, owner, Soden Tek, applicant, request for Special Exception under Sections VI.D.3.a.and V.O.5.of Avon Zoning Regulations to permit Class III restaurant with outdoor dining, 85 East Main Street, Parcel 2140085 in a CS Zone
Mr. Mahoney motioned to approve App. #4637 subject to the following condition:
- A waiver for 1 parking space is granted. A total of 28 parking spaces are provided.
The motion seconded by Mrs. Clark received unanimous approval.
App. #4638 - Crusheen LLC, owner, O’Neills Chevrolet, applicant, request for Special Exception under Section VII.C.2.f.(3) of Avon Zoning Regulations to permit wall sign larger than 75 square feet, 5 West Main Street, Parcel 4540005, in a CS Zone
Mrs. Clark motioned to approve App. #4638, as submitted. The motion, seconded by Mr. Gackstatter, received unanimous approval.
OTHER BUSINESS
Request for 1-year extension to site plan approval for expansion to Fisher Meadows Park
PZC Apps. #4559/60
Mr. Cappello motioned to approve a 1-year extension in connection with site plan approval for expansion to Fisher Meadows Park, Apps. #4559/60. The motion, seconded by Mrs. Ryan, received approval from Messrs. Cappello, Starr, and Gackstatter and Mesdames Ryan, Keith, and Clark. Mr. Mahoney voted in opposition of approval. .
Request to modify Subdivision approval from conditional to final for Phase 3B of the Weatherstone Subdivision (App. #4304 - conditional approval granted July 24, 2007)
Mr. Kushner stated that the record subdivision maps for Phase 3A should be recorded soon, which will include deeding to the Town 22 acres of open space. The Town Council accepted this 22-acre open space parcel at a meeting earlier this year. He added that house/lot sales in the Weatherstone Subdivision have been very strong lately.
Mrs. Clark motioned to approve the request to change Phase 3B of the Weatherstone Subdivision from conditional to final approval. The motion, seconded by Mr. Cappello received unanimous approval.
STAFF REPORT
Fees in lieu of open space
Mr. Kushner explained that some Towns in the State may be offering an option to developers such that they would be permitted to pay a fixed fee as opposed to the protocol spelled out in the State Statues noting that developers must hire a licensed appraiser, jointly selected by both the applicant and the Commission. The appraisal must reflect the value of the land prior to the Commission’s approval. He further explained that Town Attorney Kari Olson indicates that there is nothing in State law that permits Towns the option to set a fixed collection amount.
Mr. Starr commented that the Commission will continue to use the appraisal method. Mr. Kushner concurred.
Impromptu PZC Discussion Regarding Notices to Abutting Property Owners
Mr. Gackstatter indicated that while he understands that Avon does not have a requirement to send notices to abutters he added that he feels it would be a good discussion for the Commission to have and asked how it could be accomplished.
Mr. Kushner noted that it could be listed on any agenda that the Commission wishes.
Mr. Starr explained that such a discussion has taken place several times since he has been on the Commission. He noted that the Town Attorney has pointed out to the Commission, in the past, that if a mistake is made and not every abutter is notified it puts the Town in jeopardy. Mr. Starr further explained that legal notices are published in the Hartford Courant 2 times prior to each public hearing. He added that many people now also receive agendas via email and the meeting minutes can also be found on the Town’s website.
Mr. Mahoney indicated that West Hartford posts notices on the property and noted that he finds that practice helpful.
Mr. Kushner explained that State law dictates what the notification requirements are and added that these requirements are very specific. For every public hearing item there must be 2 notices published prior to the hearing in a newspaper having general circulation (The Town uses the Hartford Courant) and one notice of decision published following the Commission’s decision at the hearing. He stressed that the timing of the notices is critical and pointed out that if there are errors relating to any of these requirements the process becomes invalid. If the Commission decided to adopt additional requirements (i.e., posting a written notice in front of a house) that included specific size requirements for the notice and that size was not adhered to it could create problems.
Mr. Kushner commented that while these good intentions absolutely provide more notification it also sets up the possibility for additional procedural defects, which is the first thing a court/judge looks for. He noted that the courts do not rule on cases with procedural defects but rather instruct the parties to redo the process using the correct procedure.
Mr. Gackstatter noted his understanding of Mr. Kushner’s comments and, in turn, acknowledged the reasons why additional notification requirements probably have not been adopted by the Commission.
Ms. Keith commented that many people read newspapers online now and the legal notices are not something that necessarily comes up and/or are read. She added that she feels that the public should be instructed and/or encouraged to contact the Town if they are interested in upcoming zoning issues.
Mr. Kushner commented that the Town could maybe include some information in one of its upcoming newsletters about how residents can sign up, via the Town website, to receive agendas and other Town information in their email. He explained that he very often encourages developers to speak with neighboring residents to inform them about what’s being proposed.
Mr. Starr commented that he feels including some information in the Town newsletter is a good idea.
There being no further business, the meeting adjourned at 7:50pm.
Respectfully submitted,
Linda Sadlon, Clerk
LEGAL NOTICE
TOWN OF AVON
At a meeting held on November 6, 2012, the Planning and Zoning Commission of the Town of Avon voted as follows:
App. #4637 - Thomas Hall, owner, Soden Tek, applicant, request for Special Exception under Sections VI.D.3.a.and V.O.5.of Avon Zoning Regulations to permit Class III restaurant with outdoor dining, 85 East Main Street, Parcel 2140085 in a CS Zone APPROVED WITH CONDITION
App. #4638 - Crusheen LLC, owner, O’Neills Chevrolet, applicant, request for Special Exception under Section VII.C.2.f.(3) of Avon Zoning Regulations to permit wall sign larger than 75 square feet, 5 West Main Street, Parcel 4540005, in a CS Zone APPROVED
Dated at Avon this 7th day of November, 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, November 20, 2012, at 7:30 P.M. at the Avon Town Hall:
App. #4640 - Gold Borg Associates, LLC, owner, The Sign Center, applicant, request for Special Exception under Sections VII.C.4.b.(2) of Avon Zoning Regulations to permit low-profile detached sign,
347 West Main Street, Parcel 4540347 in a CR Zone
App. #4641 - Town of Avon, owner, Avon Land Trust, applicant, request for Special Exception under Section VII.C.3.b.(5) of Avon Zoning Regulations to permit a directional sign on existing street sign, intersection of Chidsey Road and Waterville Road, in an RU2A 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 6th day of November, 2012.
PLANNING AND ZONING COMMISSION
Duane Starr, Chair
Linda Keith, Vice-Chair
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