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Zoning Board of Appeals Minutes November 19, 2009
The Zoning Board of Appeals of the Town of Avon held a meeting on Thursday, November 19, 2009 at the Avon Town Hall.  Present were Messrs. Beizer, Eschert, McNeill, Ms. Coppola, Ms. Mozzicato and Mr. McCahill, Planning & Community Development Specialist.  Mr. Beizer, Vice Chairman, called the meeting to order at 7:30 p.m.

PUBLIC HEARING                                                                 November 19, 2009

The Clerk read the call to meeting.

Mr. Beizer read the Application of Mark K. Moulton, owner/applicant; requesting from the Avon Zoning Regulations, Sections III.C. and IV.A.6., a 30’ variance from the 40’ front yard setback requirement, to permit a covered front  porch and a one story addition to the rear on a nonconforming dwelling, located at 41 Mountain View Avenue in an R-15 zone.
 
Mr. Mark Moulton was present.  He showed pictures of the present house and said it was a small EB house.  It has a small kitchen and a living room downstairs, two bedrooms upstairs with a bath.  He’s getting older and looking toward the future and would like to have one floor living.   He is an author and works from home.  The addition would be one story.  The wrap around porch, with a couple of rocking chairs on the porch, will lend more of a Norman Rockwell appeal that the neighborhood already has.  

The current front porch is enclosed, there is rot in the floor.  He would like to remove that and replace it with a 7’ wrap around porch.  The variance is only for the front yard, the back and side yards will not be affected.  He thinks this is a great neighborhood and plans to get involved in activities in the town and yet have a quiet hometown feeling.   Toby Brown is the builder and lives adjacent to his property.  

Mr. Toby Brown, 29 Enford Street, stated he lives across the street.  About nine years ago he came before this Board and did pretty much the same porch as this application.  He is very  much in favor of this application as it duplicates what he did to his house, a wrap around porch with an addition to the rear.  It will add to the neighborhood intrigue.

.Mr. Beizer read the letter from Deborah Dimock, 42 Mountain View Avenue stating she was in favor of this application.  She lives across the street.  Mr. Moulton stated the house to the left is owned by an elderly woman who is currently in a nursing home.  To the right is a rental property.  

Mr. Moulton stated the current square footage of the house is 850 to 900.  The proposed addition is 768 sq.ft, the porch 280 sq.ft.  The addition elevation will be lower than the existing roofline of the existing house.  The current garage is separate from the house and will be about 6’ or 7’ from the addition.  

Mr. McCahill stated this is not just a variance for the porch.  It’s also a variance for the addition.  The existing regulations say you can add up to 50% of the size of the existing dwelling which is approximately 768 sq. ft.  What he’s proposing is 960 sq.ft.  The variance is addressing this issue.  

Ms. Mozzicato stated that there are several larger houses in the neighborhood.  This would be consistent with the neighborhood.  There are a few two family houses in the area.  When she drove by she thought it would enhance the area.  
It’s a mixed neighborhood and very well kept.

Suzanne Hard was in the audience as a newly elected member of the Board.

There was no one else present.  The Public Hearing closed at 7:45 p.m.

ZONING BOARD OF APPEALS MEETING                        November 19, 2009

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

Ms. Mozzicato made a motion to GRANT, seconded by Ms. Coppola the Application of Mark K. Moulton, owner/applicant; requesting from the Avon Zoning Regulations, Sections III.C. and IV.A.6., a 30’ variance from the 40’ front yard setback requirement, to permit a covered front  porch and a one story addition to the rear on a nonconforming dwelling, located at 41 Mountain View Avenue in an R-15 zone.  The vote was unanimous by Messrs. Beizer, Eschert, McNeill, Ms. Coppola and Ms. Mozzicato.

Reason – To grant variance is in harmony and keeping with the purpose and intent of the regulations and would enhance the neighborhood and be consistent with the area.

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

Mr. Beizer read the letter from Thomas Smith at 84 Stony Corners Road regarding planting trees for additional screening from their May 2009 application.    They reviewed the plan with the Zapatkas, neighbors, who were in agreement.  Mr. Beizer said at that meeting the planting of the trees was one requirement that seemed to satisfy the neighbor and make for an agreement to allow us to grant the variance.  We can note there has been compliance with the arrangement and close the application.

Ms. Coppola stated the condition would be satisfied by a letter from the abutter.  We don’t have a letter from the abutter, just from the applicant who put up the trees.  Legally they should send us a letter.

Mr. McCahill said he knows the neighbors had agreed to this location.  He is confident they agreed.

Mr. Beizer requests a member of our staff to contact the abutter and see whether they will sign off on this letter and the condition has been satisfied.

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

Respectfully submitted,

Shirley C. Kucia, Clerk