Avon commission closes hearing on contested 180-unit Nod Road housing proposal after expert testimony and public opposition

The Avon Planning and Zoning Commission closed the public hearing on a three-part application for 100 Nod Road on June 16 after hours of testimony from traffic, engineering and environmental consultants and several residents who opposed the project.

The applications, filed by Spirit KN Development LLC and related parties, request a zone change to create a Nod Road Housing Opportunity Zone under Connecticut General Statutes 8-30g and site-plan approval for 180 multi-family units. The commission accepted supplemental applicant materials and peer-review documents into the record, including a revised traffic impact report, a BL Companies peer review, Fire Chief and Fire Marshal memos and eight letters of public opposition.

Traffic consultants and the project’s peer reviewer told the commission that the study used standard ITE methods and recent traffic counts. Third-party reviewer Michael Shepley said the project’s trip generation was conservative and that capacity analysis at the Route 44/Nod Road intersection, run with industry-standard software, did not show major impacts. Traffic engineer Scott Hesketh testified that after accounting for background developments, the intersection remains at Level of Service D and that, in his view, "the traffic from the proposed development will not cause any adverse public health or safety impacts on the roadway network."

Chair Lisa Levin pressed the consultants on safety analysis, telling the panel that "LOS measures convenience and delay but does not measure safety," and asking whether a LOSS (Level of Service Safety) analysis could be provided. Consultants responded that LOSS and some safety modification factors referenced in other states are not established for Connecticut and that the State DOT/OSTA would review signal timing and any required roadway permitting.

Residents who spoke during public comment disputed the consultants’ conclusions. Dr. John Crouch of Bridle Path said submitted materials on noise note effects on "mental health, sleep, and cognition, especially for children and older people," and other neighbors cited frequent peak-hour backups at Route 44/Nod Road, recurring flooding on stretches of Nod Road, and the proposal’s scale for a site they said can only develop on roughly six of nine acres.

Applicant engineers addressed flooding and elevations, saying FEMA 100-year and 500-year elevations for nearby areas are 162.5 and 166 feet, while the site’s lowest parking elevation is about 175 feet and the proposed first-floor elevation is 179.5 feet, and asserting that the site’s stormwater management plus proper culvert maintenance should prevent ponding along the frontage.

The applicant described two designated loading areas, on-site circulation designed to accommodate delivery vehicles, rooftop HVAC placement intended to limit noise impacts, three emergency access points and compliance plans for fire and building codes. Counsel asked the commission to vote on each of the three applications separately and argued the record lacks evidence of substantial public health or safety impacts that would mandate denial under CGS 8-30g.

The hearing record includes requests and comments from the Board of Education, peer reviewers and the Town Fire Chief; the applicant also provided a list of suggested approval conditions. After accepting a late-submitted letter into the record, the commission voted unanimously to close the public hearing; no final decision on the zone change or site plan was recorded at the meeting.

What happens next: With the hearing closed, the Planning and Zoning Commission will deliberate and then issue a decision on the applications in a future meeting. The record for the hearing includes the applicant’s June 8 supplemental materials, peer reviews, and Fire Marshal memos, and letters from neighbors raising traffic, noise and flooding concerns.