The Planning and Zoning Commission of the Town of Avon held a meeting at the Avon Town Hall on Tuesday September 10, 2013. Present were Duane Starr, Chair, Linda Keith, Vice Chair, Carol Griffin, David Cappello, Marianne Clark, Peter Mahoney, and Christian Gackstatter and Alternates Elaine Primeau, Donald Bonner, and Jenna Ryan. 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 minutes of the July 16, 2013, meeting, as submitted. The motion seconded by Mr. Gackstatter, received approval from Mrs. Clark and Messrs. Gackstatter, Starr, Cappello, and Mahoney. Mesdames Keith and Griffin abstained, as they had been absent from the July 16 meeting.
ELECTION OF OFFICERS
Mr. Starr announced his resignation as Chair but noted that he will remain on the Commission until the end of his term (December 31, 2013).
Mr. Starr nominated Linda Keith to Chair the Commission. Mrs. Griffin seconded the nomination that received unanimous approval.
Ms. Keith accepted the position of Chair and noted her appreciation. Ms. Keith nominated Carol Griffin for Vice Chair. The nomination, seconded by Mr. Starr, received unanimous approval.
PUBLIC HEARING
App. #4679 - Ensign Bickford Realty Corp, owner/applicant, request for Special Exception under Section III.H. of Avon Zoning Regulations to permit earth removal, 65 Ensign Drive, Parcel 2210065, in an AVC Zone
Present were Gus Jasminski and Andy DiFatta, Ensign Bickford Realty Corporation, and Bob Stevens, landscape architect, Stevens Land Architecture.
Mr. Jasminski displayed the master plan for Avon Park North and noted that the request is for earth excavation of approximately 10,000 yards along Bickford Drive. He explained that the material is needed to replace fill on an adjacent site (70 Ensign Drive) where approval has been recently granted by the Inland Wetlands Commission (App. #732); approval has also been received from the State DEEP for a solid waste landfill disturbance permit. He further explained that the material to be removed is not hazardous but must be removed from the site; once excavated the material will be separated and some will be sent to a landfill. Mr. Jasminski noted that he hopes to complete the project in October/early November. He explained that the subject area was chosen for excavation because Ensign
Bickford’s master plan for Avon Park North proposes buildings close to the road in this area in order to create a streetscape. He noted that excavation would need to occur in this area at some point to create such a streetscape, as the current grades along Ensign and Bickford Drives are generally about 4 feet above the curb. He added that an effort will be made to keep some vegetation along the road; the soils are very sandy and well drained and make good fill material.
In response to Mr. Starr’s comment, Mr. Jasminski confirmed that the majority of the material is staying on property owned by Ensign Bickford. He noted that the exact amount can’t be determined until excavation occurs but noted that the proposal is to move approximately 6,000 yards of material from one site to the other, approximately 200 yards away.
In response to Ms. Keith’s question, Mr. Jasminski indicated that approximately 6,000 yards would be taken off site to a landfill but added that the total amount will be confirmed once excavation begins. He noted that 10,000 yards is approximately 500 truck loads.
Mr. Starr commented that trucks would use Fisher Drive to Route 10. Mr. Jasminski concurred.
Mrs. Clark commented that it should take about a month to complete. Mr. Jasminski concurred.
In response to Mr. Cappello’s question, Mr. Jasminski indicated that the material will be taken to a landfill in New York; he explained that the landfill only accepts so many truck loads per day.
Mrs. Griffin asked whether Ensign Bickford needs 2 permits; one for the material being moved to the adjacent site and one for the material being trucked to New York.
Mr. Kushner conveyed his understanding of Mrs. Griffin’s inquiry but indicated that he feels all the material being removed can be handled under one application, as the requirements/purpose of the special permit regulations for earth removal are being discussed/met (i.e., how the material is being moved and the number of trucks). He noted that there is an approved master plan for Avon Park North and explained that if a site plan was being submitted by Ensign Bickford at this time they would be permitted to take material from one site to the other without an earth removal permit; the material is staying within the same general site.
In response to questions from Sue Vredenburgh, Ariel Way, Mr. Jasminski explained that no new roads or buildings are being proposed at this time; the area is just being excavated to move some material out.
Mr. Starr stated that there will be applications in the future for this area. Ms. Vredenburgh noted her understanding.
Marci Alter, Ariel Way, indicated that she just wanted to know what the application was all about.
Mr. Jasminski explained that Ensign Bickford plans to contact the neighbors on Ariel Way once a plan has been established but before any building takes place.
Jennifer Nordlund, Rosewood Road, commented that she has reviewed Ensign Bickford’s master plan which proposes 517 additional residences; she noted that that represents an increase of 28% over the existing 1,800 condo units in Town. She asked for information on the background of this project.
Mr. Jasminski explained that the proposed residences are not all condos and added that what was approved by the Town is a zone change to permit a mixture of single-family houses, apartments, and condos; the exact count for each housing type is not known at this time. Higher density housing that does not attract children is the goal. He explained that Ensign Bickford will have to present detailed site plans to the Commission for every area/section of proposed building.
In response to Ms. Nordlund’s questions, Mr. Kushner explained that there will be a number of additional public meetings before any permitting could be issued to begin any type of building construction; site plans and special permit applications will be submitted to the Commission. He noted that although a master plan has been approved, the Commission still has significant discretion to review individual site plans; a determination will need to be made as to whether the actual site plans comply with the master plan. He explained that the master plan for Avon Park North has been ongoing since 2005. There have been a number of public meetings and many articles in the Hartford Courant and other local newspapers. He offered to provide more information about the master plan at another time noting that
he doesn’t feel a conversation at this time is appropriate in the context of the subject earth removal application. He explained that the proposed removal of approximately 10,000 yards of material is relatively modest in nature and the Town feels it is consistent with the master plan approved for this area. He added that the master plan shows material far greater in quantity than 10,000 yards that would be moved in this area.
Ms. Keith commented that it is beneficial and more appealing to have the earth removal occur while there is no construction going on, so there would be fewer traffic issues.
Mrs. Griffin pointed out that the master plan is a long-term project that could take 10 to 20 years.
Mr. Jasminski indicated that the project would take at least 10 years.
Mr. Starr explained that the Commission asked many of the same questions being asked by the neighbors tonight when the master plan was being reviewed. He further explained that the economy will drive much of the development in both timing and type.
Ms. Keith explained that applications have to be submitted before any sort of time frames can be determined.
Mrs. Griffin commented that houses are not going to be built if there is no market to sell them.
Laurie Pugsley, Haynes Road, noted her concern with traffic impacts to many roads in Town from additional development in Avon Park North.
Mr. Starr noted that traffic issues were among many of the topics discussed during the many public hearings held over many years. He further noted that a large document containing all the information pertaining to the proposed development of Avon Center could be obtained by residents.
Mr. Kushner explained that the land that is being discussed, approximately 90 acres in Avon Park North, is part of the Ensign Bickford manufacturing complex that has 100 years of history associated with it. The Town permitted an office/industrial business park for this area in 1974 at which time a blueprint for the area was established; Ensign Bickford has sold off many properties over the years (i.e., Marriott Residence Inn, Hartford Hospital Cancer Treatment Center, The Casle Corporation, the Alzheimer facility). There is approximately 400,000 square feet of additional commercial/manufacturing/office space that has been planned for Avon Park North for more than 35 years. He explained that this area began as a manufacturing facility 100 years ago and the Town has made public investments since 1974 to
build the roads that exist there today (i.e., Ensign Drive, Fisher Drive, and Bickford Drive). These roads did not exist until the Town partnered with Ensign Bickford to build the roads and install sewers and utilities. Ensign Drive, Fisher Drive and Climax Road, have been permitted by the State DOT for 30+ years to handle much larger volumes of traffic than exist today; intersections were enhanced and traffic signals were installed in connection with the expectation of future development in Avon Park North. Benefits have been received by the Town over the years, as a lot of jobs have been created and a lot of tax revenue has been received. The vision has always been to build out the rest of Avon Park North as a business office park; the intent was never to preserve it as open space, as it has been zoned industrial since the 1950s. Mr. Kushner concluded by noting that discussions about changing the use in Avon Park North have been ongoing since 2005;
the approved plan that is on record went through various public hearings over the last couple of years.
Sue Vredenburgh noted her concerns that she doesn’t want to see Avon become West Hartford.
Mr. Kushner indicated that he believes the Commission agrees and suggested the neighbors contact the Planning office for information contained in the Commission’s meeting minutes relative to the numerous public meetings held on this subject.
In response to Larry Rosenthal, Buckboard Lane, regarding testing of the material, Mr. Jasminski explained that there is a protocol in place by the DEEP (Department of Energy and Environmental Protection); a licensed environmental practioner will be onsite at all times monitoring all activities. He added that all material is tested, both outgoing and incoming and a DEEP permit has already been obtained.
In response to Mr. Cappello’s questions, Mr. Jasminski explained that as the material is taken out it will be separated; some will get sent away and the rest will be stockpiled and tested. He noted that tests also have to occur below the ground to ensure that all the material has been removed; if the tested material is acceptable it will be put back in. The soil contamination occurred from the explosives that were manufactured in this area many years ago, prior to 1968.
In response to Mr. Gackstatter’s question, Mr. Jasminski explained that all the remediation will take place only on one site.
In response to Mrs. Clark’s question, Mr. Jasminski explained that plantings/vegetation will occur in accordance with the approval/requirements granted by the Inland Wetlands Commission.
In response to Mr. Gackstatter’s question, Mr. Jasminski explained that if any curbing is damaged it will be replaced; the existing curbing is asphalt.
There being no further input, the public hearing for App. #4679 was closed.
PLANNING AND ZONING COMMISSION MEETING
Mr. Gackstatter motioned to waive Administrative Procedure #6 and consider App. #4679. Mrs. Clark seconded the motion that received unanimous approval.
App. #4679 - Ensign Bickford Realty Corp, owner/applicant, request for Special Exception under Section III.H. of Avon Zoning Regulations to permit earth removal, 65 Ensign Drive, Parcel 2210065, in an AVC Zone
Mr. Cappello requested that the trucks do not use Old Farms Road. Ms. Keith clarified that the applicant has represented that Route 10 will be used.
Mr. Starr motioned to approve App. #4679. The motion, seconded by Mr. Cappello received unanimous approval.
The Commission concurred that one application for earth removal for this site is appropriate, as an overall master plan for this area has been approved.
STAFF APPROVALS
App. #4676 - Sweetland Realty, owner/applicant, request for Staff Approval under Section X of Avon Zoning Regulations for minor modifications to install 5’ x 9’ generator, 22 Waterville Road, Parcel 4500022, in a CPA Zone
Mr. Kushner reported that a generator was installed at the existing medical building at 22 Waterville Road.
App. #4677 - Teks Real Estate LLC, owner/applicant, request for Staff Approval under Section X of Avon Zoning Regulations for minor modifications to add decorative Thai wood pieces to existing building roof line, 85 East Main Street, Parcel 2140085, in a CS Zone
Mr. Kushner reported that a restaurant currently located in Old Avon Village, “The Elephant Trail”, will be relocating to 85 East Main Street (former location of CT Home Interiors). The owner requested to add Thai trim to frame out the silhouette of the building.
In response to Mr. Gackstatter’s questions/concerns about signage and setting a precedent, Mr. Kushner explained that while the Zoning Regulations contain a comprehensive definition for “signs”, some instances (such as the subject request for decorative Thai pieces) are a matter of judgment and considered on a case by case basis by the Staff.
Ms. Keith noted that the Commission has spent a lot of time on the sign regulations and added that she feels they are very comprehensive.
App. #4678 - Shops at Applewoods LLC, owner, Sam Sarkisian (dba Yogurt Fantazy), applicant, request for Staff Approval under Section X of Avon Zoning Regulations for minor modifications to permit water fountain, 51 East Main Street, Parcel 2140051, in a CS Zone
Mr. Kushner reported that a fountain was added outside the new yogurt store at River Park. The Building Official has confirmed that full handicap access remains in place.
OTHER BUSINESS
2014 PZC Meeting Schedule
Mr. Mahoney motioned to accept the 2014 meeting schedule; the motion was seconded by
Mrs. Clark and received unanimous approval.
Proposed Changes to 2006 Plan of Conservation and Development - Chapter 11 Neighborhood Goals and Policies
Mr. Kushner reported that Avon Old Farms School has hired a consultant who has reviewed the document and proposes additional language changes since the Commission’s review at the last meeting, held on July 16. He indicated that a color-coded draft will be prepared for the next meeting showing the original changes along with the changes proposed by the School’s consultant.
Mr. Kushner referenced a sentence in the draft…..”Development in a more compact fashion would result in preserving much more of this property as permanently preserved open space (perhaps as much as 50%) with an overall impact that would be comparable to or less than that of a conventional single-family subdivision”. He explained that it was discussed at the last meeting that it would be better not to “lock into” a specific percentage for open space but added that he has since talked with Tom Daukas (Special Projects Engineer, former Town Engineer) who has been working on the Old Farms Road project (i.e., either rebuild Old Farms Road or construct a new alignment) for 30+ years. He noted that Mr. Daukas has more knowledge and experience as to what is needed to convince the
regulatory agencies at the State and Federal levels. He explained that the preservation of a significant amount of open space is the goal, in any scenario. Mr. Kushner indicated that the proposed language changes were sent to the State OPM (Office of Policy and Management) noting that this agency is responsible for preparing the State Plan of Conservation and Development. He explained that OPM indicated that they would review the language to ensure that it is consistent with the goals of the State Plan and provide a response to the Town.
Mrs. Griffin commented that a large percentage of the land owned by Avon Old Farms School is wetlands and/or undevelopable anyway such that a large amount would be separated out.
Mr. Kushner noted his agreement but indicated that a scenario could occur where the wetlands ended up in private ownership, rather than public ownership.
In response to Mrs. Griffin’s question regarding possible zone change requests, Mr. Kushner explained that changes to the language for the EL Zone are proposed and noted that the language is on the second page of the proposed amendment. He indicated that allowing more flexibility in the EL Zone may give the School development possibilities without the need for a zone change request.
Mr. Starr commented that any new use in the EL Zone would only be by special permit, giving the Commission much discretion.
Mr. Kushner concurred and Mrs. Griffin noted her understanding.
Mr. Starr suggested that the word “permanent” be taken out of the first paragraph on the second page. He also suggested using the term “undeveloped land” rather than “open space”.
Mr. Kushner concurred with Mr. Starr’s suggestions and added that an updated draft will be prepared for the next meeting; he noted that a hearing could occur in late fall.
Ms. Keith indicated that a hearing in late fall is reasonable.
Mr. Gackstatter voiced his concerns with terminology and the present use of the category/zone Recreation Open Space, “ROS”. He commented that there seems to be a lot of special uses lumped into the ROS Zone, such as open space, undeveloped land, and recreational land. He referred to the term “cluster” development and noted that he feels there should be a specific designation that explains that cluster development signifies a surrounding of open space.
In response to Mr. Gackstatter’s comments, Mr. Kushner explained that the Town could amend the Zoning Regulations to make it clear that the number of housing units achieved in a cluster subdivision is no greater than that of an “as-of-right” conventional subdivision. He noted that currently Avon’s Regulations do not state that but added that other towns have amended their regulations to clarify this point.
Mr. Gackstatter conveyed his opinion that the words “cluster development” do not typically go over very well, as people hear West Hartford. He suggested that different language be used, something like, “development for open space accumulation”.
Mr. Kushner explained that if a Town has a rule/scenario that states that the same number of house lots can be achieved via a cluster development as can be achieved via a conventional development, there would probably not be many takers in the development community. He further explained that larger houses can be constructed on larger lots for a larger profit and added that the only advantages for a cluster may be a small reduction in infrastructure costs and possibly a quicker turnaround in sales.
Mrs. Griffin commented that she feels the words “cluster development” are clear enough and noted her disagreement with Mr. Gackstatter’s word suggestions; she added that she feels the words would be too confusing to a lot of people.
Mr. Cappello noted his agreement with Mrs. Griffin.
Ms. Keith commented that she feels if the language is changed, the word “cluster” is going to come up anyway as a means of explanation.
Mr. Gackstatter clarified that open space accumulation is the goal and added that the language used should be rethought so the intention is clear; he added that he is not necessarily advocating the specific words/language he talked about earlier.
Mr. Kushner noted that some towns use the term “open space subdivision”. Mrs. Griffin noted her preference for that term. Mr. Kushner indicated that he could work on some language changes.
In response to comments from audience members/residents of Haynes Road, Ms. Keith stated that any discussion relative to development on Lenox Road will take place at a public meeting.
There being no further business, the meeting adjourned at 8:45pm.
Respectfully submitted,
Linda Sadlon, Clerk
LEGAL NOTICE
TOWN OF AVON
At a meeting held on September 10, 2013, the Planning and Zoning Commission of the Town of Avon voted as follows:
App. #4679 - Ensign Bickford Realty Corp, owner/applicant, request for Special Exception under Section III.H. of Avon Zoning Regulations to permit earth removal, 65 Ensign Drive, Parcel 2210065, in an AVC Zone APPROVED
Dated at Avon this 11th day of September, 2013. Copy of this notice is on file in the Office of the Town Clerk, Avon Town Hall.
PLANNING AND ZONING COMMISSION
Linda Keith, Chair Carol Griffin, Vice Chair
LEGAL NOTICE
TOWN OF AVON
The Planning and Zoning Commission of the Town of Avon will hold a Public Hearing on Tuesday, October 8, 2013, at 7:30 pm at the Company #1 Firehouse, 25 Darling Drive, Avon:
App. #4680 - Avonwood Enterprises LLC, owner, National Sign Corp., applicant, request for Special Exception under Section VII.C.4.b.(2) of Avon Zoning Regulations to permit low-profile detached identification sign,172 West Main Street, Parcel 4540172, in an OP Zone
App. #4682 - Charles R. Pilitowski, Trustee of Casimer S. Pilitowski Revocable Trust and Executor of Estate of Regina~ P. Pilitowski, owner/applicant, request for 4-lot Resubdivision, 4.0 acres, 237 Huckleberry Hill Road, Parcel 2810237, in an R30 Zone
App. #4683 - PDP Financial, LLC, and MOJO Enterprises, LLC, owners, Sunlight Construction, applicant, request for 39-lot Subdivision, “Stratfordshire”, 45.5 acres, 44 Lenox Road, Parcel 3010044, in an R30 Zone
App. #4684 - PDP Financial, LLC, and MOJO Enterprises, LLC, owners, Sunlight Construction, applicant, request for Special Exception under Section IV.A.4.k. of Avon Zoning Regulations to permit single-family cluster development, 44 Lenox Road, Parcel 3010044, in an R30 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 24th day of September, 2013.
PLANNING AND ZONING COMMISSION
Linda Keith, Chair Carol Griffin, Vice Chair
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