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Zoning Board of Appeals Minutes October 22, 2009
The Zoning Board of Appeals of the Town of Avon held a meeting on Thursday, October 22, 2009 at the Avon Town Hall.  Present were Messrs. Drew, Beizer, Ladouceur, McNeill, Ms. Mozzicato and Mr. McCahill, Planning & Community Development Specialist.  Mr. Drew called the meeting to order at 7:30 p.m.     

PUBLIC HEARING                                                                October 22, 2009

The Clerk read the call to meeting.

Mr. Drew said we have a request for an extension for one year for the Application of Aaron Haines & Rose Ann McLaury (60 Old Wood Road) owners, Robert Haines IV applicant; requesting from the Avon Zoning Regulations Section IV.A.6., a 20’ variance from the 25’ side yard setback requirement, and an 8’ variance from the 30’ rear yard setback requirement along the revised property line, to permit a two car detached garage with storage above, located at 68 Old Wood Road in an R-40 zone.

Mr. McCahill said this application involved a lot line revision.  He had a struggle with release of mortgage from one of the banks.  

Mr. Beizer made a motion to GRANT, seconded by Ms. Mozzicato.  The vote was unanimous by Messrs. Drew, Beizer, Ladouceur, McNeill & Ms. Mozzicato.

Mr. Drew read the Application of Lake House Renovations LLC owner, Joseph & Leslie Petrini applicants; requesting from the Avon Zoning Regulations, Sections III.C. & IV.A.6., a 24’ variance from Secret Lake Road and a 26’ variance from Cliff Drive from the 40’ front yard setback requirement, to permit a second floor on the existing nonconforming dwelling, located at 2 Cliff Drive in an R-15 zone.

Leslie Petrini was present.  Their request is to raise up the house one level on the existing foundation.  The house is presently nonconforming.  This is a corner lot and needs a variance from both roads.  The house is currently 960 sq.ft., their family size is four members  There is a small detached garage on the property.  They have plans for the proposed house shown in the picture submitted with the application.  They liked the roof style and the layout of the inside.  They will keep  the present chimney in the center of the house and extend it.

There was no one else present.  The Public Hearing closed at 7:43 p.m.

Mr. Drew read the Application of William & Madeline DeWildt owners, William DeWildt applicant; requesting from the Avon Zoning Regulations, Section IV.A.6., a 15’ variance from the 15’ side yard setback requirement to permit an 8’x10’ shed, located at 103 Secret Lake Road in an R-15 zone.

William DeWildt was present.  Six years ago they made the stone wall which goes around the property.  The property is very small and has a 20’ easement through it for the sewer line.  This is the only spot where they can put the shed.  There was a large oak tree which they removed and still need to remove the strump where they plan to put the shed.  There is a beach on the next property.  The water from the lake will be about 30’ to 35’ away.  The shed will sit on wood and gravel.

Mr. McCahill said there is a lean-to along the southerly property line.  One of the issues with the lean-to is it’s actually in the sewer easement so Mr. DeWildt has been requested to remove that.  When he does, his intent is to take the things underneath the lean-to and remove them to the shed.  He thought the vinyl shed would be a good solution, unfortunately the building code changed and even a vinyl shed requires a building permit now.  If something needs a building permit, we have to sign off for zoning compliance.  What seemed like a simple solution has evolved and that’s why he’s here tonight asking for a variance.  The other issue we see is the dock that he’s proposed.  He doesn’t need a building permit for the dock.  The Secret Lake Association owns the beach next door.  They have received notification of this application.

There was no one else present.  The Public Hearing closed at 7:53 p.m.

ZONING BOARD OF APPEALS MEETING                           October 22, 2009

A Zoning Board of Appeals meeting was held following the Public Hearing

Mr. Beizer made a motion to GRANT, seconded by Mr. McNeill, the Application of Lake House Renovations LLC owner, Joseph & Leslie Petrini applicants; requesting from the Avon Zoning Regulations, Sections III.C. & IV.A.6., a 24’ variance from Secret Lake Road and a 26’ variance from Cliff Drive from the 40’ front yard setback requirement, to permit a second floor on the existing nonconforming dwelling, located at 2 Cliff Drive in an R-15 zone.  The vote was unanimous by Messrs. Drew, Beizer, Ladouceur, McNeill & Ms. Mozzicato.

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.

Mr. Ladouceur made a motion to GRANT, seconded by Ms. Mozzicato the Application of William & Madeline DeWildt owners, William DeWildt applicant; requesting from the Avon Zoning Regulations, Section IV.A.6., a 15’ variance from the 15’ side yard setback requirement to permit an 8’x10’ shed, located at 103 Secret Lake Road in an R-15 zone.  The vote was unanimous by Messrs. Drew, Beizer, Ladouceur, McNeill & Ms. Mozzicato.

Reason – Granting the variance is in harmony and keeping with the purpose and intent of the regulations and would not be injurious to the neighborhood.

Hardship – Denying would deprive the owner of a reasonable use of the property.

There being no further business the meeting was adjourned at 7:55 p.m.

Respectfully submitted,

Shirley C. Kucia