The Zoning Board of Appeals of the Town of Avon held a meeting on Thursday, December 17, 2009 at the Avon Town Hall. Present were Messrs. Drew, Beizer, Eschert, McNeill, Ms. Coppola and Mr. McCahill, Planning & Community Development Specialist. Mr. Drew called the meeting to order at 7:30 p.m.
PUBLIC HEARING December 17, 2009
The Clerk read the call to meeting.
Mr. Drew read the Application of Preferred Properties, LLC., owner/applicant; requesting from the Avon Zoning Regulations Section IV.A.6. & IV.A.4.p.2., a 13’ variance from the 80’ front building line to permit a two car garage addition located at 500 Deercliff Road in an RU-2A zone.
Mr. Beizer wanted to disclose for the record that he did not know before the meeting that Richie Case was the attorney of record. For eight years he was a partner with Richie but has not been since 1982. He’s known him and his family for over fifty years but does not feel any conflict, has no financial arrangement with him and should the facts prove to be contrary to what he would like them to be, I would have no compunction to vote against him. I feel I could be fair in making any decision.
Richard Case, attorney was present. He said with him are the only two principals of Preferred Properties, Mr. Rick Parks and
Mr. Mark Paley. He showed the map of the rear lot at 500 Deercliff Road. This lot was originally 10 ½ acres which was subdivided in 2005 into three lots, this being the middle lot. Under the regulations, a rear lot requires everything to double, side, rear, and front requirements. The other houses have a 40’ frontage, this rear lot requires 80’ frontage. This house exists at about 300 to 350’ off of the road and about 300’ from the houses on the two adjoining lots. He showed pictures of the house as it existed when they bought it, with only one garage. They are renovating the entire house. They cannot build a garage 13’ back because of the topography. The land drops 75’ in elevation from Deercliff Road. Behind this property is a wetland and
slopes significantly. The well and reserve septic system are also behind the house. They are trying to leave the driveway where it is existing so they don’t have to move any earth around. They have started repairs on the existing house. They have talked to the neighbors who seemed pleased at the renovations.
Mr. Beizer questioned if work had been started on the new garage. Mr. Case replied it will not be started until a variance is granted. There is a demo permit and the old garage has been demolished and renovations have started on the existing house. The house was occupied until about a year ago.
There was no one else present. The Public Hearing closed at 7:50 p.m.
ZONING BOARD OF APPEALS MEETING December 17, 2009
A Zoning Board of Appeals meeting was held following the Public Hearing.
Ms. Coppola made a motion to GRANT, seconded by Mr. Beizer the Application of Preferred Properties, LLC., owner/applicant; requesting from the Avon Zoning Regulations Section IV.A.6. & IV.A.4.p.2., a 13’ variance from the 80’ front building line to permit a two car garage addition located at 500 Deercliff Road in an RU-2A zone. The vote was unanimous by Messrs. Drew, Beizer, Eschert, McNeill and Ms. Coppola.
Reason – To grant variance is in harmony and keeping with the purpose and intent of the regulations and would not be injurious to the neighborhood.
Hardship – To deny would deprive the owner of a reasonable use of the property.
There was correspondence regarding the application for 84 Stony Corners Road.
Mr. Beizer made a motion to add the Application of Thomas Smith, owner/applicant; requesting from the Avon Zoning Regulations, Section IV.A.6., a 5’ variance from the 25’ side yard set back requirement to permit extension of a deck, located at 84 Stony Corners in an R-40 zone to the agenda, seconded by Mr. Eschert.
Mr. McCahill stated last month we had correspondence and a copy of the variance from Thomas P. Smith, 84 Stony Corners Road submitted at that meeting. We reviewed the letter and the condition on the variance and decided we needed a letter from the abutter. He spoke with Mary Beth Zapatka, the abutter, and she e-mailed a note on December 14th saying the screening had been done as per requested. He read the e-mail.
Mr. Drew said the letter has been accepted into the record.
Mr. Drew said David Beizer and Jill Coppola are both serving at their last meeting and thanked them both for serving on the ZBA.
There being no further business the meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Shirley C. Kucia, Clerk
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