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Avon Wetlands Commission continues 100 Nod Road hearing


The proposed development site via a map presented by the development team.

Update: Feb. 9, 2023 – The Avon Inland Wetlands Commission is now slated to resume a public hearing related to a planned residential development of 55 units at 100 Nod Road on March 7.

The hearing was slated to continue Feb. 7 but was delayed because the commission lacked enough of its members in attendance to hear the issue.

At least four of the seven commission members – or a “quorum” – need to be seated to hear a matter. Two commissioners, Michael Feldman and Gary Gianini, have recused themselves from hearing the application and on Feb. 7, two additional members were unable to attend the virtual hearing, meaning it could not continue that evening.

See the original story below.



By John Fitts

Staff Writer


AVON - On Feb. 7, the town’s Inland Wetlands Commission is slated to continue a public hearing related to a planned residential development of 55 units at 100 Nod Road.

100 Nod Way, LLC, managed by local developer P. Anthony Giorgio, PhD., is looking to develop the 9.3-acre parcel with 13 single family homes and 8 buildings with 42-townhouse, common interest units. A wetlands permit is being sought for the development, which is dubbed Eagles’ Point. The proposal would also need Planning and Zoning Commission approval but as of Jan. 10, developers had not filed an application to that commission.

The public hearing gives the public an opportunity to learn about the application and ask specific issues related to what the wetlands commission is authorized to consider, commission vice chair and acting chair Michael Sacks told the public at a Jan. 9 public hearing.

“Simply put, aim your remarks to provide evidence of the likelihood of substantial damage to the functions and values of wetlands and watercourses or to raise relevant questions that show the need for further study or inquiry,” he told members of the public. “I would like to emphasize that this is not a referendum. The commission makes a decision on whether or not the regulations are satisfied and not the number of persons who favor or oppose an application. ... nor by the vehemence with which these opinions that expressed here are made.”

According to the application, watercourses on the south and north end of the sites were “channelized,” to varying degrees in 1997, when the town straightened a portion of Nod Road by paving a connection between two sharp curves. That curved portion was renamed Nod Way and the land in questions now sits between it and Nod Road. A “fringe” of woodland wetland borders that stream on site, according to the application

“The watercourses that are present on the north and south ends of the 9.3 acres are not natural, but they are town made and the site is mostly previously disturbed,” Timothy S. Hollister of Hartford-based Hinckley Allen, speaking on behalf of the developers, said at the beginning of the public hearing on Jan. 9.

The application asserts that no wetlands would be negatively affected by the development.

Developers contend there would be no direct impact to either wetlands area and only minor and mostly temporary impacts within the 100-foot upland review area.

“The development plan does not involve any direct filling, disturbance or impact on any watercourse or wetland,” Hollister said. “The only activity that brings us here tonight for a permit is work within this so-called 100-foot upland review area, which again is a not a wetland or watercourse. That is something that’s often misunderstood in wetlands hearings and as a result the. ... work in the non-wetland upland review area will not have an adverse impact on an existing substantial function of a wetland or watercourse. The plan here has been very carefully designed to stay away from the town made north-end drainage channel and the south end watercourse so there will not be any direct or indirect watercourse impact.”

One driveway and related site improvements in the northwestern part of construction would be within 100-foot upland review area but that area does not drain toward the stream, according to the application. On the southwestern portion of the property, the only activity within the 100-foot upland review area would be the extension of a water main within the paved portion of nod road, a relatively brief activity, the application states.

At the meeting, Hollister also suggested that water shown on site after storms - documented by many residents - and which he described as “overtopping” - was likely due to lack of maintenance on the town’s culvert system designed to provide drainage from the Hunter’s Run development.

Hollister also said the Farmington River is 1,300 feet away and said there will be no impact to it.

“There is no existing - what the engineer’s call hydraulic connection - between the subject site and the Farmington River,” he said.

He also said a North Central Conservation District analysis concurred with the applicant’s assertions.

Guy A. Hesketh – engineer at F.A. Hesketh and Associates and soil scientist William Kenny of William Kenny Associates also addressed the commission, going into much more detail about stormwater management, erosion controls and soil types on the site.

Kenny also said the development team checked with the state Department of Energy and Environment Protection and its Natural Diversity Database for the property and noted the potential for eastern box turtles – due to good habitat - on the site but said that the state’s guidelines would be carefully followed to protect them any on site.

Commission members asked directed some questions to the development team, seeking more detail about the application, current culvert systems and the accounting for climate change.

According to the application, “Overall, the development will result in an increase in impervious coverage. To mitigate and manage stormwater runoff from these impervious surfaces, three water quality treatment basins are proposed. These basins will manage runoff from each of the single-family residences as well as the multi-family buildings and the associated impervious surfaces. In addition to managing onsite stormwater runoff, the development has been designed to also manage the stormwater runoff from Nod Way and from land to the east that currently discharges to the property via a culvert from Nod Way.”

Water quality treatment basins will need routine maintenance, developers said in response to a commission question.

While the development team acknowledged climate change as a factor, Hesketh said the latest National Oceanic and Atmospheric Administration (NOAA) standards are now updated in “real-time,” and were taken into account.

Following the presentation – and before the public comment portion of the meeting - Sacks read some excerpts of resident letters that were sent to the commission.

Dominick and Dorothy Cinti wrote about climate change, questioning the density of the development in light of future predictions for rainfall.

“The Fourth National Climate Assessment from noaa.gov, published in Nov. 2018, documents dramatic increase in actual and predicted heavy precipitation and flooding in the northeast. Flash floods as well as flooding of rivers and streams (such as the watercourse on the island) have increased and are expected to continue to increase.

Even if the 100 Nod Road island is left in its current natural state, climate change will increase the likelihood of water issues on the island itself and flooding of Nod Road. N.B. Just last year, heavy raised caused unusually severe damage to units & properties in Hunter’s Run where the housing density is only approximately 1 unit/1 acres (263 units on 266 acres)

The proposal for development of 100 Nod Road, with a density of approximately 6 units/1 acres (55 units on 9.3 acres) would destroy pristine natural habitat, endanger aquatic organisms, wildlife and vegetation, creating a virtual little city covered with impervious surfaces– buildings, roads driveways, walkways, etc. this could endanger the fragile wetlands on this parcel of land and greatly magnify the risk of flooding and polluted stormwater runoff over Nod Road and toward the river.”

Another, from Victoria Leibman contended the property was important habitat for many species.

“Wildlife will be directly impacted as this area is home to various animals and amphibians ranging in size from mice, frogs and snakes to deer and bear,” she wrote. “With the loss of habitat, these animals will seek new habitats and food sources within the already developed areas nearby. I am not a birder but have seen birds in this area that I do not see in any other area while hiking on the trails or paths within the Farmington valley. These birds use the proposed area as a habitat and food source and would surely be displaced.”

Gillian Smits wrote about birds as well, contending “this parcel of land has a range of habitats, supported by its soil, that provide ideal conditions for many species of birds to frequent this area. It is a mixture of meadow and grassland, mixed deciduous forest and shrub habitat, and it provides the necessary habitat for many specifies of birds that live here year-round, as well as being an important area during Spring and Fall migration. It is an important area in spite of its relatively small size, because of the nearby golf course which does not provide food, shelter or nesting conditions for the birds, due to the nature of its over development and extensive grassy areas.”

Smits went on the give more specie specific information and said she collect scientific date for Cornell University.

Hollister addressed the assertions made in those letters and others.

“First let’s go back to the very basic. … issue. … before the wetlands commission. Is there an adverse impact to the function of a wetland or watercourse? Mr. Kenny has given his testimony before the commission as an expert that there is no impact,” he said. “Birds turtles, salamanders are not the protected resource, even if there is some evidence that those populations would be impacted. Unless there is an impact to their habitat or function in a wetland or watercourse is not within your jurisdiction. That is just simply the law. With all due respect, this really is an area of expert testimony. I really don’t mean in any way to be disrespectful to the residents, but they’re not experts. The person you mentioned may be an expert in ornithology, but wetlands science and wetlands impact science is a specialized discipline. I would point out that your own town engineer reviewed our stormwater management plan and found that it was in line with expectations and standards of this industry.”

On another point, Hollister addressed the assertions of flooding and rainfall amounts.

“Mr. Hesketh discussed climate change with respect to rainfall based on current, real-time data. That’s all we can do. We can’t speculate as to how climate change may affect rain fall amounts in the future. That’s just guesswork,” said Hollister, who also contended the property was above the 500-year flood elevation.

“There’s no possibility here that even a gigantic storm is going to flood this property,” he said.

While the meeting was virtual, some residents, when it came their time to speak, noted their objections to Hollister’s comments.

“To attorney Hollister’s comment about the fact that we don’t know about the future climate change and how that’s going to affect this, We’re prudently planning for the future," said Jill Adams. "It seemed dismissive to say we don’t want to take into account anything that is a prediction of the impact of climate change is going to have on these proposed plans. So, just again, I would raise an objection to that comment and look for more information on the future climate change conditions and how that would affect the plans here.”

Dorothy Cinti reiterated some of the contents from NOAA government report she wrote about and the vulnerability of community to effects of climate change and the ability of governments to adopt to them.

“As you know much of their report is about predictions for the future, which are actually quite dire in regard to expected precipitation in the northeast, so it’s the future that we really do need to be planning for,” she said. “To not do that would be very, very foolish and shortsighted.”

Many residents also spoke to the density of the project and while housing density would be under the purview of the Planning and Zoning Commission, many residents tied it back to environmental concerns.

“I’m concerned with the extreme density of this layout, and I believe [commission member] Carol Hauss talked about the fact that so much of this parcel is high density housing, roadways and very little area left for any type of greenery,” said Arthur Freedman. “So, I’ve heard a lot about the control of runoff water, stormwater, etc. I haven’t heard much of anything about the potential for pollution. They’ll be an extreme amount of construction in a small area, and it would be predictable to have one, maybe more, inadvertent negative happenings, where things don’t go well and pollution gets into the groundwater and eventually gets into the Farmington River.”

Jim McGarrah – urged the commission to analyze the “over time factor,” reference the admitted need for maintenance of stormwater basins.

“It’s been demonstrated by the applicant that it’s no simple matter to address the majority of the wetlands, drainage, watercourse issues and related topics arising from their proposed development,” he said. “I’ll risk stating the obvious that it’s precisely because of the applicant’s desired development that the issues are complex and difficult to manage. They are in control of that. Put simply, if this were a smaller scale project fewer of these problematic issues would be in play and it’s plainly clear to me that it’s actually unknown how much of an effect on the wetland drainage and watercourses there would be from this development because it’s so large and the parcel is so small and [it] is already stated that there would be changes to existing watercourses and drainage. I understand that there is a legal standard in play, but the reality here is the applicant’s explanations amount to what is essentially educated hope. And when problems arise on this parcel, and they will arise because of the density here, the applicant will be long gone.”

While Hollister gave the applicant’s viewpoints on some of those assertions earlier in the meeting, emphatically stating, for example, that the development was separated by a golf course and other drainage features and was of no risk to the river, he did not speak again after public comment, except to note that the team would reply to the residents’ comments in writing prior to the next meeting.

The commission then decided to continue the hearing at its next regularly scheduled meeting on Feb. 7.

As that date gets closer, specific meeting information will be posted to https://www.avonct.gov/inland-wetlands-commission



The planned layout is shown in relation to wetlands and the upland review area - as presented by the applicant.

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Valley Happenings

Fighting Cancer Pasta Dinner:

Benefit for Avon Volunteer Fire Department

Deputy Chief Dave Theriault

Saturday, February 22, 2025, 3:00-7:00 p.m. 

Avon Senior Center, 635 West Avon Road, Avon

AVFD Deputy Chief of Administration Dave Theriault is facing a tough battle against Stage 4 cancer. The AVFD, along with Tunxis Hose Co. No. 1 and the Farmington Fire Department, is holding a pasta dinner to help raise money for Chief Theriault’s medical expenses. In addition to delicious food, drinks, and camaraderie, the event will feature dozens of raffle prizes. Event tickets are $20 for adults and $10 for seniors and children under 10 years old. They can be purchased at the door or in advance at AVFD Headquarters, 25 Darling Drive, Avon (Mondays, 8:30 a.m.-8:30 p.m. and Tuesdays-Fridays, 8:30 a.m.-4:30 p.m.). Contributions can be made via Venmo @supportDave or by mail to the AVFD at 25 Darling Drive, Avon, CT 06001. 

Canton Community Health Fund Applications

Canton Community Health Fund, Inc. Opens 2025 Application Season, on March 1, 2025, for Canton Community Partner Grants & Canton Scholars Pursuing Careers in Healthcare or Public Safety Canton Community Health Fund, Inc. (CCHF), opens its grant and scholarship application season March 1. CCHF encourages State of CT certified non-profits serving the Canton community to apply for Community Partner grants. In addition, graduating high school seniors seeking higher education in healthcare or public safety are invited to apply for either a Dr. Diters Legacy Scholarship or a Pay It Forward Scholarship. Applications and informative Fact Sheets are available online at www.cantoncommunityhealthfund.org.  Community Partner Grant and Scholarship awards will be announced in June/2025.

 

Avon Library events

AVON –The following events are scheduled at Avon Free Public Library. The library is at Avon Library, 281 Country Club Road, Avon. All programs are in person except where noted. For more information on adult programs, contact Adult Services Reference Desk via avonref@avonctlibrary.info 860-673-9712 x 7203

• Antique Map Collecting 101, Saturday, Feb. 1 at 1 p.m. Registration is required: https://www.avonctlibrary.info/event/antique-map-collecting/

• Morning Book Club. Wednesday, Feb. 5 at 10:30 a.m., The Mystery Guest by Nita Prose, Registration is required: https://www.avonctlibrary.info/events/tag/morning-book-club/

• Meditation for Balance and Inner Contentment. (Virtual Event) Thursday, Feb. 6 at 7 pm.

• Eastern Coyotes in Connecticut (Virtual Event) Thursday, Feb. 13 at 6:30 p.m.

• Fashion and the First Lady (Virtual Event). Wednesday, Feb. 19 at 2 p.m.

• Hoop Skirts to Flappers: Eighty Years of Connecticut Fashion. Monday, Feb. 24 at 2 p.m.

• The Golden Age of Hollywood. (Virtual Event) Tuesday, March 4 at 2 pm.

 

Simsbury Lions Club

The Simsbury Lions Club is looking for people interested in volunteering and contributing to better our town. Our motto is “We serve,” and we do so by volunteering at local events and donating our proceeds to serving interests in our community.

If interested, please feel free to contact Sandy Kremer at Tprkremer@gmail.com or Philip Painchaud at painchaudp@gmail.com.”

 

Winter sowing workshop

The Farmington Land trust is hosting a winter sowing workshop focused on raising native plants. Make your own up-cycled greenhouse from a milk jug and prep some beneficial native plants for the coming growing season. Sunday, Feb 2 from 11a.m.-12:30 p.m. at the Farmington Senior Center. RSVP here: https://www.farmingtonlandtrust.org/event-details/winter-sowing-seminar-native-seed-planting

 

Wild Flowers from Spring to Fall

CANTON – The Cherry Brook Garden Club is hosting a lecture on “Following Our Wild Flowers from Spring to Fall” on Tuesday, Feb. 11, at 11 a.m. at the Canton Community Center, lower level, 40 Dyer Avenue. Steve Messier, Lichenologist and former Science teacher at Canton High School will discuss the topic. The lecture is open to the public. There is a $5 guest fee for non-members. Email questions to cherrybrookgardenclub@gmail.com.

 

‘Five Wishes’ at McLean

SIMSBURY – Join Kevin Baran, M.D., medical director, and the McLean Hospice Team for a special “McLean & Me Educational Series” presentation to learn how to talk about and record your wishes for care through the end of life, so those wishes can be understood and respected. The presentation will be held at McLean’s Garmany Performing Arts Center, 50 Sarah Lane, Simsbury, on Tuesday, Feb. 11, at 6 p.m. The presentation is free but an RSVP by Feb. 4 is required as seating is limited. A light dinner will be provided.

To register, visit McLeanCare.org/Events, email Margaret.Clark@McLeanCare.org, or call 860-658-3718.

 

‘Art Throb!’ Exhibit

Gallery on the Green presents “Art Throb!” Exhibit plus a Solo Exhibit by Kathi Packer Friday, Feb. 14 through Saturday, March 15. An opening reception is on Saturday, Feb. 15 from 6-8 p.m. and will include refreshments. The show and reception are free.

“Art Throb!” is a heartfelt Valentine’s Day celebration presented by the membership of Canton Artists’ Guild. The artists use a wide range of media including painting, prints, drawing, photography, sculpture, ceramics and mixed media to represent the emotional intensity, joy and complexity of love.

In the upstairs Gallery, Kathi Packer has a solo show, “Another Tale.”  Packer notes that a friend’s casual invitation to go on safari in 2008 substantially changed the direction of her artistic journey.The gallery is located near the intersection of Dowd Avenue and Route 44 at 5 Canton Green Road in Canton. Hours are Friday – Sunday, 1-5 pm. The main floor gallery is handicapped accessible.

Website: http://www.galleryonthegreen.org; Phone:  860-693-4102

 

TABLESCAPES fundraiser returns to benefit the new

Avon History Museum

AVON – The Avon Historical Society invites the public to its sixth TABLESCAPES event showcasing up to 30 creative and original table settings on Friday, March 14 and Saturday, March 15 at the historic North House, 1 Nod Road, Avon.

This event will feature themed table settings from local professional designers, florists, businesses, individuals, artists and others featuring fresh floral arrangements, centerpieces and accessories. Proceeds will benefit the installation of professionally curated exhibits in the new Avon History Museum scheduled to open on Friday, July 4, 2025.

Back by popular demand will be a “Table and Barware Tag Sale” on both days. Admission to TABLESCAPES includes the tag sale. Tickets are $20 each pre-sale and at the door. Tickets can be purchased online at www.avonhistoricalsociety.org or by calling Mary Harrop at 860-670-3225 before March 8.

Those interested in sponsorship opportunities can also call Harrop.

 

Alzheimer’s Support Group

FARMINGTON – Hearts, Hugs & Hope: An Alzheimer’s Support Group takes place Feb. 20, 2025, 6 p.m. at Farmington Station Assisted Living and Memory Care Community, 111 Scott Swamp Road, Farmington. Dealing with Alzheimer’s disease and related dementia isn’t easy, so it is helpful to share your concerns and personal experiences with others who completely understand what you’re going through. You will also learn about proven strategies to help you better care for your family member. This group is being offered both in person and via Zoom on the third Thursday of each month. If you plan to attend, contact Director of Compass Programming Katherine Jedynasty at kjedynasty@farmingtonslr.com.

 

Used book sale

AVON - A huge book sale will be held Feb. 28 and March 1 in St. Ann’s Church Hall, 289 Arch Road at Route 167.  Hours are Friday, 4 p.m. to 7 p.m. ($5 adult admission) and Saturday, 9 a.m. to 2 p.m. (no admission fee).

Thousands of books will be organized in separate sections, including Fiction, History, Biography, Politics, Children, Music, Cooking, Sports, Art, Vintage, and more!  A large selection of Children’s books will be available.  Fiction books will be divided by hardcover, paperback, and trade paperback and sorted alphabetically by author.  DVDs, CDs, books on CDs, Vinyl records, and puzzles will be available, also.  Most books will be $3 or less with vintage and specialty books priced higher.

 

Daisy Days: All-Girls Summer Day Camp Experience

FARMINGTON – Miss Porter’s School, a renowned institution with a legacy of empowering young women, is excited to announce the launch of Daisy Days, an all-new day camp for girls entering grades 3-5 this fall. Starting this summer, Daisy Days will offer a unique, joy-filled experience designed to spark creativity, build confidence, and inspire self-discovery in an empowering all-girls environment.

For additional details, visit pcgl.porters.org/daisy-days.

 

Artist demonstration

Avon Arts Association will hold a guest artist demonstration featuring  Granby artist Laura Eden on Tuesday, February 18 at  Avon Town Hall, 60 W. Main St., lower level, at 6:30 p.m. Ms. Eden will demonstrate egg tempera painting.

The demo is free and open to the public ($5 suggested donation). A workshop with Ms. Eden will be held at the same location in the Avon Room on Saturday, Feb. 22, 10-2 with  set up at 9:30. Fee: $45 for members, $55 for nonmembers). www.AvonArts.org

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