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ZBA Minutes November 18, 2010
The Zoning Board of Appeals of the Town of Avon held a meeting on Thursday, November 18, 2010 at the Avon Town Hall.   Present were Messrs. Ladouceur, Eschert, McNeill, Johansen, Ms. Hard, and Mr. Kushner, Town Planner.  Mr. Ladouceur called the meeting to order at 7:30 p.m.

PUBLIC HEARING                                                               November 18, 2010

The Clerk read the call to meeting.

Mr. Ladouceur read the Application of Jay & Flo Votta owners, Robert Swanson applicant; requesting from the Avon Zoning Regulations, Section IV.A.6., a 27’     variance from the 40’ front yard set back requirement, to permit a 12’x24’ pole barn, located at 104 Pine Hill Road in an RU-2A zone.  The packet also includes 4 color photographs and plans for the barn which he passed along to the board.  A notice was sent to the abutters.  

Mr. Robert Swanson was present.  He is the builder and designed the barn.  The location was where the applicant requested.  He wants to park his boat and be able to drive in one side and out the other and wants to keep his yard as big as possible.  There is one small tree that will be left on the far side from the road.  The back side of the house is by the river.  There is an empty lot next door at the end of the cul-de-sac.  The house on the other side of this property is significantly far away.

Mr. Kushner said the vacant lot that Mr. Votta owns was created by a gentleman who bought a parcel of land and divided an additional building lot from it, creating a clear cut which did not have to go to PZC for subdivision approval.  Mr. Votta was not interested in having another house built next to him so he was able to purchase it and he now owns it.

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

Mr. Ladouceur read the Application of Shelley Silverman owner, Liljedahl Bros. Inc. applicant; requesting from the Avon Zoning Regulations, Section IV.A.6. a 5’     variance from the 25’ side yard setback requirement, to permit a walkway to connect a porch and deck, located at 48 Northington Drive in an R-40 zone.  

He read letters in favor of application from Mr. & Mrs. Lalacci, 10 Garnet Hill, Mr. Richard Magnussen, 20 Garnet Hill and Mr. & Mrs. D. Droppo, 16 Garnet Hill.  He passed along pictures, plans, and maps of the proposed changes.

Mr. Russ Liljedahl, President of Liljedahl Brothers, Inc. along with his nephew Drew Liljedahl were present.  Mr. R. Liljedahl said there is a deck on the side of the house and on the back.  They want to connect the two decks.   Right now in order to get to the deck in the back when they have guests over they have to go through Shelley’s private office., which is a little uncomfortable.  It would be a nice flow to connect the two.  He showed pictures of the yard of what you would see from that area.  It’s quite protected and private.  

Mr. Drew Liljedahl said they are using glass railing so it won’t cause any visual impact on the neighbors.  They currently have a permit to redo the present decks with glass railing.  They would all be uniform.

Mr. Kushner said there is a little history on this house.  On the as built survey you’ll see there is a 4.5’ mark where we are discussing the new railing.  The core of that house was altered during construction as the original builder of this house, not these builders,  made an error and had to remove a little corner of the house.  The deck you are considering now actually wraps around that piece that was scaled back from the property line.

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

ZONING BOARD OF APPEALS MEETING                      November 18, 2010

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

Ms. Hard made a motion to GRANT, seconded by Mr. McNeill the Application of Jay & Flo Votta owners, Robert Swanson applicant; requesting from the Avon Zoning Regulations, Section IV.A.6., a 27’ variance from the 40’ front yard set back requirement, to permit a 12’x24’ pole barn, located at 104 Pine Hill Road in an RU-2A zone.  Mr. Ladouceur stated that his son and Mr. Votta’s son are both in scouts together.  Mr. Ladouceur said it would not impact his impartiality in reviewing this application.  He does not have a relationship there.  The vote was unanimous by Messrs. Ladouceur, Eschert, Johansen, 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. Eschert made a motion to GRANT, seconded by Mr. Johansen the Application of Shelley Silverman owner, Liljedahl Bros. Inc. applicant; requesting from the Avon Zoning Regulations, Section IV.A.6. a 5’ variance from the 25’ side yard setback requirement, to permit a walkway to connect a porch and deck, located at 48 Northington Drive in an R-40 zone.  The vote was unanimous by Messrs. Ladouceur, Eschert, Johansen, 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 would deprive the owner of a reasonable use of the property.


Respectfully submitted, Shirley C. Kucia, Clerk