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ZBA Minutes MAY 26, 2011
The Zoning Board of Appeals of the Town of Avon held a meeting on Thursday, May 26, 2011 at the Avon Town Hall.  Present were Messrs. Ladouceur, Johansen, McNeill, Ms. Hard and Mr. McCahill, Planning & Community Development Specialist.  Mr. Ladouceur called the meeting to order at 7:45 p.m.

PUBLIC HEARING                                                                          May 26, 2011

The Clerk read the call to meeting.

Mr. Ladouceur explained there were only four members present tonight.  In order for an application to be approved you need four affirmative votes.  Generally there are five members on this Board meaning four people can vote in favor of it and one against it and it would still be approved.  With a four member Board, you need to have all four members to vote in the affirmative to approve the application.  Both applicants agreed to proceed.  There were no other people present.

Mr. Ladouceur read the Application of Pierre Richard & Karen Gascoigne, owners/applicants; requesting from the Avon Zoning Regulations, Section IV.A.6., a 21’ variance from the  25’ side yard setback requirement, to permit a shed located at 11 Wagon Hill Lane in an R-40 zone.  Mr. Ladouceur listed the contents of the application.  

Mr. Gascoigne said they had just moved to town and had a lot of items they need to store such as lawn mowers and bikes.  They have their cars in the garage and had a shed in their previous location and would like to have a shed on this property.  Because of the slope of the land from the street, they were trying to get as close to the garage as possible for easy access for the snow blower and bikes.  They hired a surveyor for the property line and that’s why we delayed the application from last month’s meeting until today.  It turned out we were a little closer to the property line then when we measured ourselves so we decided to move it further back on the property even though it will be more challenging to access the shed.  We’ll have to drive the snow blower up the hill and over the grass to get to the driveway.  You won’t be able to see the shed from the street.  The type of shed we chose is similar to the one behind our house on Surrey Lane who has a garage in the back of his house, a barn style which will match our choice very well.  Other neighbors will not be able to see it as the lot is very treed, just the neighbor on Surrey Lane.  He has talked to his neighbors and they had no problem.

There was no one else present.  The Public Hearing closed at 7:58 p.m.

Mr. Ladouceur read the Application of Dennis S. & Patricia A. Obie, owners/applicants; requesting from the Avon Zoning Regulations, Section IV.A.6., a 20’ variance from the 40’ front yard setback requirement from Lakeview  Blvd, a 28’ variance from the 40’ front yard setback requirement from Dogwood Road; to permit a garage/mudroom addition located at 20 Lakeview Blvd in an R-15 zone.  He listed the contents of the application.

Mr. Ladouceur read a petition from residents on Lakeview Blvd. in favor of the application from #28 Bonnie & Kevin Brownell, #25 Gary J. Greene, #19 Isabelle Zarka, #33 Patrick & Susan Sullivan, #12 Barbara & Paul Mayville.  Paul R. Mayville also wrote a letter of approval.  The notice to the Lakeview Association was returned by the post office.  

Mr. McCahill stated he was not sure about the status of the Lakeview Association at this time.

 Mr. Obie is a member of the association and stated they had not had a meeting in eight or nine years.  He showed a copy of the map with the existing house and proposed addition.  They would like to change the existing garage into living space and add a mud room and two car garage.  The lot is unique as it has three frontages, at the corner of Evergreen and Lakeview and Dogwood Road which is called a paper road.  It’s really just a trail that kids ride their bikes on.  They can’t build on the other side as the sewer line runs out to the street and the electrical and the fuel lines.

Mr. McCahill said Dogwood is what we call a paper street.  It was a street when the property was divided and was never developed.  There are two or three paper streets in this particular subdivision which have ended up being nothing being more than walkways and in some cases are driveways.  It’s owned by the association.

Mr. Obie said there is talk with his neighbor to dissolve the road and purchase half of it and split it with us but that hasn’t happened yet.  The garage will be  where the basketball net is presently located.  They will put windows in the present garage.  The neighbors house on the side where the addition is proposed  uses the entrance of Dogwood as the start of their driveway.  That house burned down several years ago and was just recently rebuilt.  There’s a row of trees on their property and there’ll be some trees on his to block the view.  They might have the garage as a stand alone and add the mud room at a later date.

There was no one else present.  The Public Hearing closed at 8:14 p.m.

ZONING BOARD OF APPEALS MEETING                                May 26, 2011

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 Pierre Richard & Karen Gascoigne, owners/applicants; requesting from the Avon Zoning Regulations, Section IV.A.6., a 21’ variance from the  25’ side yard setback requirement, to permit a shed located at 11 Wagon Hill Lane in an R-40 zone.  The vote was unanimous by Messrs, Ladouceur, Johansen, McNeill and Ms. Hard.

Reason – The granting of the variance will be in harmony with the purpose and intent of these regulations, will accomplish substantial justice and will not be injurious to the neighborhood or otherwise detrimental to the public health, safety, and welfare.

Hardship – Denying would derive the owner of a reasonable use of the property.

Mr. Ladouceur made a motion to GRANT – seconded by Mr. McNeill the Application of Dennis S. & Patricia A. Obie, owners/applicants; requesting from the Avon Zoning Regulations, Section IV.A.6., a 20’ variance from the 40’ front yard setback requirement from Lakeview  Blvd, a 28’ variance from the 40’ front yard setback requirement from Dogwood Road; to permit a garage/mudroom addition located at 20 Lakeview Blvd in an R-15 zone.  The vote was unanimous by Messrs. Ladouceur, Johansen, McNeill and Ms. Hard.

Reason – To grant the variance will be in harmony with the purpose and intent of these regulations, will accomplish substantial justice and will not be injurious to the neighborhood or otherwise detrimental to the public health, safety, and welfare.

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

There being no further business the meeting was adjourned at 8:18 p.m.

Respectfully submitted,


Shirley C. Kucia, Clerk