Avon panel approves Nod Road Housing Opportunity Zone and 180-unit site plan, 4–3, after traffic-safety debate

The Avon Planning & Zoning Commission voted July 14 to approve three linked applications for 100 Nod Road: a zone change (App #5085), a new Nod Road Housing Opportunity Zone regulation (App #5086) and a site plan for 180 multi-family units under Connecticut General Statutes Section 8-30g (App #5087). The motions passed with four members in favor (Graesser, Stevenson, White, Levin) and three opposed (Baran, Gentile, Bowers).

The decision followed extended debate about whether the record included sufficient safety evidence for Nod Road, a town-owned road that intersects Route 44. Vice Chair Robin Baran argued the record lacked a detailed safety analysis and cited resident testimony and photographs; she told the commission, "For these 3 reasons, I will be denying these applications." Chair Lisa Levin and supporters of the approvals said the town faces a persistent need for housing and that, under 8-30g, the commission must weigh that need against specific, record-based safety findings.

The commission attached multiple conditions to the site-plan approval. Key stipulations require the applicant to construct a bus shelter on an all-weather pad at the property frontage, build a sidewalk along the Nod Road frontage before the first certificate of occupancy, install bike racks, a dog park and playground, comply with the submitted Eastern Box Turtle Protection Plan, substitute Little Bluestem for Blue Gamma Grass in landscaping, update the affordability plan with 90-day vacancy notice and 30-day notice for administrator changes, hold a pre-construction meeting at least four weeks before site work, submit a stormwater plan acceptable to the Town Engineer, and post construction schedule information on the Town website.

Chair Levin also asked that the Local Traffic Authority (LTA) and the Office of the State Traffic Administration (OSTA) consider road improvements and multi-modal features, including restriping approaching Route 44, pavement widening north of Nod Road's intersection with Route 44, and consideration of a roundabout at the development entrance as a traffic-calming option. Attorney Ken Slater, the town attorney, advised the commission on the burden of proof under 8-30g and noted that appeals typically focus on whether there was "substantial evidence in the record" to support a denial.

The applicant materials added to the record after the June 16 hearing included an OSTA preliminary review, a memo from the applicant proposing seven conditions, a resident letter in support, and a Bike Walk Avon CT letter urging pedestrian and bicycle connectivity. The commission's approval requires the applicant to meet the listed conditions before and during construction; any future appeals would review the record compiled before the commission.