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ZBA Minutes MAY 24 2012
The Zoning Board of Appeals of the Town of Avon held a meeting on Thursday, May 24, 2012 at the Avon Town Hall.  Present were Messrs. Ladouceur, Johansen, Ryan, Ms. Hard, Ms. Aube and Mr. McCahill, Planning & Community Development Specialist.  Mr. Ladouceur called the meeting to order at 7:30 p.m.

PUBLIC HEARING                                                                             May 24, 2012

The Clerk read the call to meeting.

Mr. Ladouceur read the Application of Town of Avon owner/Avon High School Booster Club applicant; requesting from the Avon Zoning Regulations, Section IV.A.6., a 42’ variance from the 60’ front yard setback requirement to permit a 10’x20’ press box, located at 510 West Avon Road in an R-40 zone.  He also read all the relative information contained in the application.

Mr. Dave Cappello was present representing the high school Booster Club.  They are trying to pursue a press box for their football field at the high school.  They play in the Pequot conference and currently is the only school in the conference without a press box facility.  During our home games, the camera guys are in the bleachers filming with the uneven bleachers.  The guy announces up there and the guy with scoreboard is also all spread out.  They are out in the open.  They would like to take a situation that is nonconforming and make it conforming.  It will probably be 8’x18’ and sit right behind the bleachers at the 50 yard line.  They tried to film a few years ago with a scissor lift on the other side of the field.  The games are at 1:00 so the sun shines into the camera and the filming quality is not good.  The other coaches who received the film advised us not to bother if you continue to film from that side of the field.   He showed a picture taken of the Simsbury facility to show what it will look like.  The press box will be accessed from a platform at the top of the bleachers.  The current bleachers at the 50 yard line have a utility box with all the utilities needed.  We will just run the utilities up to the press box.

There was no one else present.  The Public Hearing closed at 7:43 p.m.

Mr. Ladouceur read the Application of Kenneth G. & Lynn A. Sedlak, owners/applicants; requesting from the Avon Zoning Regulations, Section IV.A.2., a 140 sq.ft. variance from the 1,000 sq.ft. allowed, to permit replacement of existing garage with a 1,040 sq.ft. garage (a 100 sq.ft. shed also  exists), located at 33 Orchard Street in an R-15 zone.  He also read all the relative information contained in the application.

Ken Sedlak was present.  He presented a copy of the plot plan which was included in the application.  The existing garage is one car.  The new garage will be two bays.  It will extend closer to the street and toward the unusable hill on the side.  There will be less driveway.

Mr. McCahill stated the use for the workshop is for personal use only.  He had checked to make sure he didn’t need a variance for lot coverage.

There was no one else present.  The Public Hearing closed at 7:49 p.m.

Mr. Ladouceur read the Application of Richard Breed owner/applicant, requesting from the Avon Zoning Regulations, Sections IV.A.6. & IV.A.4.p., a 58’ variance from the 120’ front yard setback requirement, (previously granted a 45’ variance), to permit a 12’x16’ shed, located at 418 Lovely Street in an R-30 zone.  He also read all the relative information contained in the application.

Mr. Breed was present.  He made a calculation error on the previous application.  He apologized.  It’s in the same location as the last application.  He said that Mr. Doran, the neighbor who initially wrote he was unsure about it, realized it was okay when he saw where it was actually going to be located.  

Mr. Ladouceur said this is a separate application from the one last month.  The reason this lot needs a 120’ front yard setback is this is a back lot and the 60’ setback is doubled as it’s on a feeder street.

There was no one else present.  The Public Hearing closed at 7:54 p.m.

Mr. Ladouceur read the Application of Russell Bush, owner/applicant; requesting from the Avon Zoning Regulations, Section VI.B.4., a 15’ variance from the 25’ side yard setback requirement, to permit a 12’x16’ shed located at 29 Waterville Road in an NB zone. He also read all the relative information contained in the application.

Mr. Russell Bush was present.  He moved the shed there quickly as it was going to be torn down from the cider mill by the new land owners.  He had a two day window to move it.  He placed it on his lot and didn’t know he needed a building permit and a ZBA variance.  He put it on the only flat spot that wasn’t in the flood plain.  There is room on the lot to place it within zoning regulations but it makes the access to the shed unusable and has a more visible impact to the neighbors as it would raise it up about two feet.  He apologized for not knowing he needed a permit and a variance.  He has talked to his neighbors.  The closest neighbor is Apple Health who said they would write a letter for acceptance.  The abutter River Mead has a mountain between the two properties.

Mr. Ladouceur said he had to move it quickly and didn’t realize what he needed.

There was no one else present.  The Public Hearing closed at 8:01 p.m.


ZONING BOARD OF APPEALS MEETING                               May 24, 2012

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

Mr. Ladouceur made a motion to GRANT, seconded by Ms. Aube the Application of Town of Avon owner/Avon High School Booster Club applicant; requesting from the Avon Zoning Regulations, Section IV.A.6., a 42’ variance from the 60’ front yard setback requirement to permit a 10’x20’ press box, located at 510 West Avon Road in an R-40 zone.  The vote was unanimous by Messrs. Ladouceur, Johansen, Ryan, Ms. Aube & Ms. Hard.

Reason – The granting of the variance will be 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 the health, public safety and welfare.

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

Ms. Hard made a motion to GRANT, seconded by Ms. Aube the Application of Kenneth G. & Lynn A. Sedlak, owners/applicants; requesting from the Avon Zoning Regulations, Section IV.A.2., a 140 sq.ft. variance from the 1,000 sq.ft. allowed, to permit replacement of existing garage with a 1,040 sq.ft. garage (a 100 sq.ft. shed also  exists), located at 33 Orchard Street in an R-15 zone.  The vote was unanimous by Messrs. Ladouceur, Johansen, Ryan, Ms. Aube & Ms. Hard.

Reason – The granting of the variance will be 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 the health, public safety and welfare.

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

Mr. Terry made a motion to GRANT, seconded by Ms. Hard the Application of Richard Breed owner/applicant, requesting from the Avon Zoning Regulations, Sections IV.A.6. & IV.A.4.p., a 58’ variance from the 120’ front yard setback requirement, (previously granted a 45’ variance), to permit a 12’x16’ shed, located at 418 Lovely Street in an R-30 zone.

Mr. Ladouceur mentioned that the trees are planted and he was glad everything worked out well.

The vote was unanimous by Messrs. Ladouceur, Johansen, Ryan, Ms. Hard & Ms. Aube.

Ms. Hard made a motion to GRANT, seconded by Ms. Aube the Application of Russell Bush, owner/applicant; requesting from the Avon Zoning Regulations, Section VI.B.4., a 15’ variance from the 25’ side yard setback requirement, to permit a 12’x16’ shed located at 29 Waterville Road in an NB zone.  The vote was unanimous by Messrs. Ladouceur, Johansen, Terry, Ms. Hard & Ms. Aube.

Reason – The granting of the variance will be 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 the health, public safety and welfare.

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

There being no further business the meeting was adjourned at 8:05 p.m.

Respectfully submitted,


Shirley C. Kucia, Clerk