The Zoning Board of Appeals of the Town of Avon held a meeting on Thursday, April 28, 2011 at the Avon Town Hall. Present were Messrs. Ladouceur, Eschert, Johansen, Ms. Hard and John McCahill, Planning & Community Development Specialist. Mr. Ladouceur called the meeting to order at 7:30 p.m.
PUBLIC HEARING April 28, 2011
The Clerk read the call to meeting.
Mr. Ladouceur stated there are only four of us here tonight. Under CT statues, in order for an application to be approved, you have to have four affirmative votes. Just because there are four of us here doesn’t mean if three of us vote approving an application and one of us doesn’t that it’s approved, in that case the application would be considered denied. When there’s five of us here, four of us can vote yes and one vote no and the application would be approved. We are unfortunate to have a fifth person here. If any of you would like to have your application postponed until the next May 26th meeting, when we hope to have five members present, that is your decision.
Mr. Ladouceur read the Application of Sergey & Olga Rodionov owners/applicants; requesting from the Avon Zoning Regulations, Section IV.A.6., a 5’ variance from the 40’ front yard setback requirement to permit a third bay on existing garage, located at 32 Brian Lane in an R-40 zone.
Mr. Rodionov said he had a fire where his garage is located. Most of the people on his street have a three or four car garage. It’s a good chance for him to add the extra bay when he rebuilds the garage. Behind his house is wooded. Going toward the back yard there is a chimney still in good condition next to the current garage so he cannot build in that direction. The variance is toward the front yard. He has 10’ toward the front line and needs only 4’, it was suggested he ask for a 5’ variance. The garage doors are facing toward the side, the additional garage door will also face toward the side and not be visible from the street. There will be a man door to enter the house on the side of the garage. The house and garage will have a brick
façade.
There was no one else present. The Public Hearing closed at 7:42 p.m.
Mr. Ladouceur read the Application of Jason Pisanni, owner/applicant; requesting from the Avon Zoning Regulations, Section IV.A.2.d., increase previously granted variance from 16’ to 17’ from the 30’ rear yard setback requirement to permit pool to remain, and increase variance from 11’ to 13’ from the 30’ rear yard setback requirement to permit pool house and pergola to remain, located at 15 Scarborough Drive in an R-40 zone. Also new map dated 4/6/11.
Bob Meyers was present representing the owner & applicant. Back in June 2010 this board granted the variances that you’re aware of. The story of the surveyor is part of the application and he won’t mention it again. This is a map showing the location of the Pisanni property with the identity of the five neighbors. He presented new letters from the five neighbors.
Mr. Ladouceur read the letters in support from neighbors on Scarborough Drive. Mr. & Mrs. Nicholas Gallucci # 8, Michael & Michelle Gambino #14, Susan J. Tousignant #21, John Hardy #9, Michael & Colleen Waterbury #20.
Mr. Meyers said when the prior variance was granted there were several conditions put on the record. They have all been complied with. There was a shed in violation, it has been removed. The applicant built a kiosk to the side of his house at the public access to the Found Land. The fence has been relocated but has to be relocated again and it will be. There was an extensive planting plan with some arborvitae to shield both the people in the pool and the people on the Found Land from each other. They are in place and the Pisanis have watered them during the past year. If necessary they will be replaced if in the way when relocating the fence.
Mr. McCahill said Bob Meyers did write a letter dated February 16 which explained a lot of history behind this and a lot of reasons why we are where we’re at. He raised several possibilities with the idea of resolving this to include a land swap with the town, and/or entering into the possibilities of doing some easements with the town. That letter was forwarded to our town attorney and reviewed by Kerry Olson. Her response was because we acquired the Found Land by a special act any attempts to renegotiate or reestablish property lines or do easements or land swaps would be very complicated. We would have to go through the Town Council process, go through the State Legislators level and do a special act revision.
The only other people present are the three applicants and no other individuals other than the board members and town staff. The Public Hearing closed at 7:52 .p.m.
Mr. Ladouceur stated he knew the Rosenfeld family through our children who are friends. He does not have any financial interest and it should not affect his decision on this matter. He read the Application of Lauren Z. Rosenfeld Trustee, owner/applicant; requesting from the Avon Zoning Regulations, Section IV.A.6., a 7’ variance from the 25’ side yard setback requirement to permit a shed, located at 77 Stony Corners in an R-40 zone. He read the letter in support from Linda & Jeff Becker, 83 Stony Corners.
Mr. Rosenfeld said they decided to put a pool in their back yard as it would be great for their kids. They have plantings in place with large trees as a barrier to the neighbor. The purpose of the shed is to store pool supplies and furniture. The rear of the property has a drainage agreement with a small river running through there and gets pretty wet so they can’t put the shed there.
There was no one else present. The Public Hearing closed a 7:56 p.m.
Mr. Ladouceur said the Application for Pierre Richard & Karen Gascogne, 11 Wagon Hill Lane has been delayed until the May 26th meeting as they incorrectly configured the side line distance that was needed.
Mr. McCahill stated when he was there taking pictures, he talked with the next door neighbor who showed him the property line which was hard to determine. It became apparent that they would be closer than 7’ so he called them and suggested he confirm his numbers by next month. This will be advertised again with the correct figures.
ZONING BOARD OF APPEALS MEETING April 28, 2011
A Zoning Board of Appeals meeting was held following the Public Hearing.
Ms. Hard made a motion to approve, seconded by Mr. Eschert the Application of Sergey & Olga Rodionov owners/applicants; requesting from the Avon Zoning Regulations, Section IV.A.6., a 5’ variance from the 40’ front yard setback requirement to permit a third bay on existing garage, located at 32 Brian Lane in an R-40 zone. The vote was unanimous by Messrs. Ladouceur, Eschert, Johansen and Ms. Hard.
Reason – To grant the variance is in harmony with the purposes and intent of these regulations, will accomplish substantial justice and will not be injurious to the neighborhood or otherwise detrimental to health, safety and welfare.
Hardship – To deny would deprive the owner of a reasonable use of the property.
Mr. Eschert made a motion to grant, seconded by Ms. Hunt, the Application of Jason Pisanni, owner/applicant; requesting from the Avon Zoning Regulations, Section IV.A.2.d., increase previously granted variance from 16’ to 17’ from the 30’ rear yard setback requirement to permit pool to remain, and increase variance from 11’ to 13’ from the 30’ rear yard setback requirement to permit pool house and pergola to remain, located at 15 Scarborough Drive in an R-40 zone.
Mr. Ladouceur said he remembers this application from June and he thinks that what John said that everything they tried to not have to come before us to make the changes due to the error and the fact it is an existing structure, he thinks they have done a fantastic job in coming up with this solution.
The vote was unanimous by Messrs. Ladouceur, Eschert, Johansen, Ms. Hard.
Reason - The granting of the variance will be in harmony with the purposes and intent of these regulations, will accomplish substantial justice, will not be injurious to the neighborhood or otherwise detrimental to the public, health, safety and welfare.
Hardship – Denying 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 Lauren Z. Rosenfeld Trustee, owner/applicant; requesting from the Avon Zoning Regulations, Section IV.A.6., a 7’ variance from the 25’ side yard setback requirement to permit a shed, located at 77 Stony Corners in an R-40 zone. The vote was unanimous by Messrs. Ladouceur, Eschert, Johansen and Ms. Hard.
Reason - The granting of the variance will be in harmony with the purposes and intent of these regulations, will accomplish substantial justice, will not be injurious to the neighborhood or otherwise detrimental to the public, health, safety and welfare.
Hardship – Denying would deprive the owner of a reasonable use of the property
There being no further business the meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Shirley C. Kucia, Clerk
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