The Zoning Board of Appeals of the Town of Avon held a meeting on Thursday, September 23, 2010 at the Avon Town Hall. Present were Messrs. Drew, Eschert, Ladouceur, McNeill, Ms. Hard and Mr. McCahill, Planning & Community Development Specialist. Mr. Drew called the meeting to order at 7:31 p.m.
PUBLIC HEARING September 23, 2010
The Clerk read the call to meeting and mentioned the date of this meeting was changed, all the applicants and abutters have been notified about the change.
Mr. Drew read the Application of Harold Toffey, owner/applicant; requesting from the Avon Zoning Regulations, Section IV.A.6. & III.C., a 30’ variance from the 60’ front yard building line to permit a 10’x12’ deck on a nonconforming dwelling, located at 613 Huckleberry Hill Road in an R-30 zone.
Mr. McCahill clarified for the record that paragraph one on the application read proposed 1’x12’ deck, it should read 10’x12’ and that was the way it was advertised.
Mr. Harold Toffey was present. He said he wants to put a deck next to his house. It would be 30’ from the front yard and 30’ from the side yard. Huckleberry Hill Road is a collector road which needs a 60’ frontage. He just purchased the house this past year, it dates from 1925. It was really outdated so he gutted the inside, took down all the plaster walls, put in insulation, electrical and plumbing. The house was very dim, he wanted to add light so added the slider. He did not realize that the proposed deck would not be in compliance with regulations. He hired a contractor who came down for a permit. That’s when he found out he needed a variance. The side yard is okay, he just needs the front yard variance. The deck will start at the slider and go to
the rear of the house. There is a big patch of wood between his house and the next house #621.
There was not one else present. The Public Hearing closed at 7:40 p.m.
Mr. Drew read the Application of Scott & Julie McGlone, owners, Scott McGlone applicant; requesting from the Avon Zoning Regulations, Section IV.A.6., a 24’ variance from the 30’ rear yard requirement, to permit a 10’x12’ shed, located at 18 Smith Road in an R-30 zone.
Mr. Scott McGlone was present. He would like to put the shed 6’ from the back property line needing a 24’ variance. He does not need a side yard variance. There is a rock wall and the area is all wooded. He showed the locations of the abutting neighbors houses. The Johansons garage, which has been there about 100 years, is much larger than the shed he is proposing. He showed a picture of the area where he placed white flag to show the proposed location. The lot is on a hill, this is the only flat area.
Mr. Drew read the letter from Jane Johanson, 24 Smith Road who approved of the location for this shed.
Mr. McCahill said there was a barn there for many years before they purchased the property in 1996. When the subdivision was approved it showed the barn being there and they removed it when they constructed the house. The shed is going in at almost the same exact proximity as the barn that was there.
Mr. Drew said what we are hearing from the neighbor, who would potentially be most impacted, is that there is no opposition.
There was no one else present. The Public Hearing closed at 7:48 p.m.
Mr. Drew read the Application of Seth & Kim Ellsworth owners/applicants; requesting from the Avon Zoning Regulations, Section IV.A.6., a 20’ variance from the 30’ rear yard setback requirement, and 10’ variance from the 20’ side yard setback requirement, to permit 16’x12’ shed located at 48 Brentwood Drive in an R-30 zone.
Mr. Seth Ellsworth was present. He proposes to put the shed in the corner looking back into a treed area. The shed in the picture belongs to his neighbor who lives on Craigemore Circle. He also obtained a variance from this board to place it in his back corner. There is about 30 feet of wooded area that separates him from his neighbor next door. There are hemlocks and pine trees that separate them from the other neighbor. His proposed shed will back up to the neighbors new shed with trees between the two sheds.
Mr. McCahill said back in June the ZBA granted a 7’ back yard variance and a 9’ variance for the side yard for a shed for the neighbor. A few months before that, on the opposite side of Craigemore Circle, adjacent to Arbor Road, we also granted a variance. It seems to be trickling down through the neighbors. It seems consistent with what we have done in the past.
There was no one else present. The Public Hearing closed at 7:53 p.m.
ZONING BOARD OF APPEALS September 23, 2010
A Zoning Board of Appeals meeting was held following the Public Hearing.
Mr. Eschert made a motion to GRANT, seconded by Ms. Hard the Application of Harold Toffey, owner/applicant; requesting from the Avon Zoning Regulations, Section IV.A.6. & III.C., a 30’ variance from the 60’ front yard building line to permit a 10’x12’ deck on a nonconforming dwelling, located at 613 Huckleberry Hill Road in an R-30 zone. The vote was unanimous by Messrs. Drew, Eschert, Ladouceur, McNeill and Ms. Hard.
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 of GRANT, seconded by Mr. McNeill the Application of Scott & Julie McGlone, owners, Scott McGlone applicant; requesting from the Avon Zoning Regulations, Section IV.A.6., a 24’ variance from the 30’ rear yard requirement, to permit a 10’x12’ shed, located at 18 Smith Road in an R-30 zone. The vote was unanimous by Messrs. Drew, Eschert, Ladouceur, McNeill and Ms. Hard.
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 the variance would deprive the owner of a reasonable use of the property.
Mr. Eschert made a motion to GRANT, seconded by Mr. Ladouceur, the Application of Seth & Kim Ellsworth owners/applicants; requesting from the Avon Zoning Regulations, Section IV.A.6., a 20’ variance from the 30’ rear yard setback requirement, and 10’ variance from the 20’ side yard setback requirement, to permit 16’x12’ shed located at 48 Brentwood Drive in an R-30 zone. The vote was unanimous by Messrs. Drew, Eschert, Ladouceur, McNeill and Ms. Hard.
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 being no further business, the meeting was adjourned at 7:56 p.m.
Respectfully submitted,
Shirley C. Kucia, Clerk
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