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Plan commission continues North Avon gas-station development to July after petitioner fails to respond
Summary
The Avon Advisory Plan Commission voted to continue a development plan review for DPR 2504 — a proposed gas station and convenience store on North Avon Avenue — to the July 28 hearing after staff reported the petitioner had not submitted required revisions or responded to technical advisory committee comments.
The Avon Advisory Plan Commission voted to continue DPR 2504, a development plan review for a proposed gas station and convenience store on North Avon Avenue, to the July 28 hearing and directed that notice be mailed to the petitioner; the commission warned the application could be dismissed if required responses are not received.
Staff told the commission the petitioner filed the case in March and attended the Technical Advisory Committee in March but had not submitted revised plans or responses to TAC comments. "We still have actually not received any responses or revised plans," a staff member said during the meeting. "It would probably be advisable to continue this to July 28, and that would be with notice still to be mailed by the petitioner."
The commission discussed options if the petitioner did not respond. Staff explained the petitioner is entitled to one automatic continuance but had not requested one; commissioners noted that dismissal would require the petitioner to refile and wait six months to reapply. After discussion the commission member moved to continue the matter to July 28 with notice mailed to the petitioner and included language that the petition may be dismissed if required responses are not received. That motion carried in a roll-call vote.
By continuing the application, the commission preserved the petitioner’s opportunity to submit revisions and kept open the procedural option to dismiss the petition for inactivity if the petitioner remains unresponsive.
The continuance does not approve any development details; staff said the application as submitted does not comply with the town’s development ordinances and could not be approved until the outstanding technical issues are addressed. The commission recorded the continuance and moved on to the next agenda item.
