Avon planning commission approves Red House Homes subdivision with $26,000 fee in lieu of open space

Chair Lisa Levin opened the March 10 meeting of the Avon Planning & Zoning Commission and led a lengthy discussion of two applications by Red House Homes for a 4‑lot subdivision (App. #5079) and a special permit for three rear lots (App. #5080) at 41 Verville Road, a 5.75‑acre parcel.

The central dispute was how to satisfy the Regulations’ 10% open‑space requirement. The applicant proposed paying a $26,000 fee in lieu of land dedication based on a submitted appraisal; Commissioners debated whether the town should accept land or the fee. Ms. Levin said the joint appraiser‑selection step in the Regulations was not followed and that the Commission had received the appraisal only shortly before a prior meeting. Planning Director Hiram Peck responded that Town staff had worked to obtain a certified appraiser and that the appraisal on the record was valid.

Commissioners split on policy and practice. Commissioner Joseph Gentile cited language in the Plan of Conservation and Development (POCD) describing open space’s role in preserving community character and said a land set‑aside can act as a buffer. Commissioner Peter Mahoney and others said small strips of set‑aside land on a 5.75‑acre site would likely be land‑locked, unusable, and an undue maintenance burden for the Town, and they favored adding to the town’s open‑space fund via fee in lieu. Vice Chair Robin Baran, reading from the POCD, said “preservation of open space directly contributes to public safety and environmental protection,” citing concerns residents have raised about flooding and well impacts, though Planning staff said stormwater from the site flows away from adjacent houses and that flooding has been reviewed and is not an issue.

After debate, Mahoney moved to approve Apps #5079 and #5080, finding the applications meet the applicable sections of the Avon Zoning Regulations and subjecting approval to multiple conditions. The approvals require payment of a $26,000 fee in lieu of an open‑space land dedication prior to issuance of any building or zoning permits for the three rear lots; the fee may be paid in full or as lots are sold or developed. The motion also imposed conditions including fire‑marshal and Town Engineer approval of driveways, compliance with Town Engineering and WPCA standards, compliance with Farmington Valley Health District requirements for wells and septic, a deeded shared‑driveway access and maintenance agreement to be filed with subdivision mylars, installation or cash bonding of landscaping, and a requirement that all stormwater drainage be designed so as not to impact abutting residential properties. The Commission also required Planning Department review of final record/filing mylars prior to land‑record filing.

The motion, seconded by Commissioner Christine Graesser, passed 4–3. Commissioners voting yes were Mahoney, Graesser, Chris White and Jamie DiPace. Chair Lisa Levin, Vice Chair Robin Baran and Joseph Gentile voted no.

What happens next: the applicant must provide the $26,000 fee to the Planning Department (payable to “Town of Avon”) and meet the listed engineering, public‑health and recordation conditions before building or zoning permits for the rear lots will be issued. The Commission noted that the question of how and when the town spends open‑space funds is a matter for the Town Council.