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ZBA Minutes April 29, 2010
The Zoning Board of Appeals of the Town of Avon held a meeting on Thursday, April 29, 2010 at the Avon Town Hall.  Present were Messrs. Drew, Ladouceur, Eschert, McNeill, Ms. Mozzicato and Mr. McCahill, Planning & Community Development Specialist.

PUBLIC HEARING                                                                       April 29, 2010

The Clerk read the call to meeting.

Mr. Drew read the Application of Gregory & Angela Marcotte owners/applicants; requesting from the Avon Zoning Regulations, Sections III.C. & IV.A.6., a 32’ variance from the 40’ front yard setback requirement for open porch, a 9’ variance from the 15’ southerly side yard setback requirement for garage/living space; 2’ variance from the 15’ northerly side yard setback requirement for two story addition on a nonconforming house, located at 40 Mountain View Avenue in an R-15 zone.

Mr. Gregory Marcotte said they are looking to put a one car garage next to the current one car garage with living quarters on the second floor, an open porch in place of the front enclosed porch.  

Mrs. Angela Marcotte said they plan to add a garage and build out back.  The garage will be set back from the road, not flush to the front of the house.  

Ms. Mozzicato said she has done business with the Marcottes but feels she does not have to recluse herself, she can be objective.

Mr. Ladouceur questioned the for sale sign in the front yard and asked if they had just purchased the property.  Mrs. Marcotte replied they have had it on the market since December.  They were unable to sell it so decided to stay.

Mr. Marcotte said they like the neighborhood and the property.  It’s a nice fit for them if they can add on to it.  They would like to stay there.  The present house is eleven hundred sq.ft.  They are expecting a second baby so need more room.  They have lived there for five years.

Mr. McCahill stated he calculated the impervious coverage; the zoning requirement is they cannot exceed 15% of coverage.  They are allowed 2,090 sq.ft. of coverage, they are at 1,637 of coverage so they do not need a variance for coverage.  The lot is long and deep.  

There was no one else present.  The Public Hearing closed at 7:42 p.m.

Mr. Drew read the Application of Town of Avon owner, Avon High School c/o Booster Club applicant; requesting from the Avon Zoning Regulations, Section IV.A.6., a 30’ variance from the 60’ front yard setback requirement, to permit a concession shed, located at 510 West Avon Road in an R-40 zone.

Mr. McCahill stated the previous shed was part of the tower which was torn down when the renovations were made to the high school three years ago.

Mr. Ladouceur read from the letter from Peggy Rell to the booster club dated April 29th mentioning the shed that was lost when the tower was removed and the bleachers expanded during the high school expansion several years ago.

Joan McDonald and David Paul, Director of Facilities were present.  Ms. McDonald said the tower had been torn down three years ago and we’re trying to put something back in its place.  She hopes what they plan will be better than the previous tower.  They need a 30’ variance from the 60’ front setback requirement.

Mr. Paul said the location will be to the north of the bleachers, it cannot go back to the same spot where the tower was as it was replaced by bleachers.  It will be closer to the entrance where they sell tickets.  It’s between two maple trees and close to the bleachers.  Driving by there today there were about two hundred students and faculty.  As you know, times are tough raising funds and there is so much untapped revenue there.  Many different groups would benefit from this, track and field, field hockey, lacrosse, football, etc. They currently are selling from coolers and tables and the process will only get better.  They do provide custodial coverage for all sporting events so they do police the area afterward  and then periodically police it throughout the week.  There is a fence 360 degrees around the area.

Mr. Drew read the letters from Peggy Rell, Board of Education and Marilyn Elliot McDonough.  She was in favor of the application but had a concern about trash removal.

There was no one else present.  The Public Hearing closed at 7:50 p.m.

ZONING BOARD OF APPEALS MEETING                                 April 29, 2010

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

Ms. Mozzicato made a motion to GRANT, seconded by Mr. Ladouceur the Application of Gregory & Angela Marcotte owners/applicants; requesting from the Avon Zoning Regulations, Sections III.C. & IV.A.6., a 32’ variance from the 40’ front yard setback requirement for open porch, a 9’ variance from the 15’ southerly side yard setback requirement for garage/living space; 2’ variance from the 15’ northerly side yard setback requirement for two story addition on a nonconforming house, located at 40 Mountain View Avenue in an R-15 zone.
The vote was unanimous by Messrs. Drew, Ladouceur, Eschert, McNeill and 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. Eschert made a motion to GRANT, seconded by Mr. McNeill, the Application of Town of Avon owner, Avon High School c/o Booster Club applicant; requesting from the Avon Zoning Regulations, Section IV.A.6., a 30’ variance from the 60’ front yard setback requirement, to permit a concession shed, located at 510 West Avon Road in an R-40 zone.  The vote was unanimous by Messrs. Drew, Ladouceur, Eschert, McNeill and 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 he 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, Clerk