Zoning Board of Appeals

Posted in City of Danbury Town Clerk’s office on October 16, 2023 at 3:31 p.m. CITY OF DANBURY 155 DEER HILL AVENUE DANBURY, CONNECTICUT 06810 ZONING BOARD OF APPEALS (203) 797-4525 www.danbury-ct.gov (203) 797-4586 FAX) ZONING BOARD OF APPEALS MINUTES September 28, 2023 7:00 p.m. ROLL CALL: Chairman Joseph Hanna called the meeting to order at 7:04 p.m. Present by roll call were: Anthony Rebeiro, Peter DeLucia, Brandon Botelho, and Juan Rivas. Staff present were Zoning Enforcement Officer Sean P. Hearty and Secretary Melissa Llera. ACCEPTANCE OF MINUTES: August 24, 2023 Motion to accept the Minutes of August 24, 2023 was made by Peter DeLucia; seconded by Brandon Botelho. All in favor by those eligible to vote: Commissioners Peter DeLucia, Juan Rivas, Brandon Botelho and Joseph Hanna. The next regular meeting is scheduled for October 12, 2023 Motion to open Public Hearing #23-17, 221 Great Plain Rd., was made by Anthony Rebeiro; seconded by Juan Rivas. All in favor with AYES: Anthony Rebeiro, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. PUBLIC HEARING: #23-17: 221 Great Plain Rd., Hayden, Andrea; (J04078), RA-80 Zone. Sec. 4.A.3 Reduce front yard setback from 50’ to 11’ for new detached garage Andrea Hayden, homeowner, was present to represent the application. They are looking to put a detached garage on their property. They currently have a garage in their house that they are looking to finish for more livable space. They have been looking for a new house unsuccessfully, so they would like to expand the house they have to make a playroom for their kids. Mr. Hanna asks what size garage they currently have. Mrs. Hayden responds they currently have a one car garage, but are looking to have a two car garage with a 24”x24” footprint. Mr. Botelho asks if Zoning Board of Appeals Minutes September 28, 2023 Page 2 they would be dropping the garage on-site as-is or if they would pour a pad with footings. Mrs. Hayden said there would not be a foundation. Mr. Botelho asks if they are concerned about erosion being that close to the edge of the property. Mrs. Hayden answers that the garage will be placed on a level area, so they are not worried about erosion. Mr. Hanna asks about the two sheds that are currently there. Mrs. Hayden clarifies that they will be removed. Mr. Hanna asks why they are not attaching the garage to the house. Mrs. Hayden said the area is tight and slightly sloped near the house. If they attached it to the house it would be awkward in terms of placement and getting in the garage. Mr. DeLucia states he visited the site, and acknowledges the two front yard hardship that exists. He is concerned about the steep drop behind the garage, and would worry if someone put the car in drive instead of reverse with no extra safety measure in place. Mrs. Hayden clarifies the placement of the garage and the location of the garage door opening. Mr. DeLucia acknowledges the response and clarification. Mr. Rivas states he saw the pictures of the proposed garage. He asks for clarification that there would not be livable space in there; Mrs. Hayden responds there would not be. He also expresses concern about the erosion and runoff, and questions if there would be a gutter system on the garage to address this issue. Mr. Hayden is present, and agrees they could install a gutter system on the garage. Motion to close #23-17 was made by Juan Rivas; seconded by Anthony Rebeiro. All in favor with AYES: Anthony Rebeiro, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. The commission realized the Chairman had not addressed if anyone was in support or opposition of the application prior to closing the public hearing. Juan Rivas makes a motion to rescind his motion to close #23-17; seconded by Peter DeLucia. All in favor with AYES: Anthony Rebeiro, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. Chairman Hanna asks if anyone is present in support of the application; anyone present in opposition of the application. There was no one present in support or in opposition to this application. Motion to close public hearing #23-17 was made by Juan Rivas; seconded by Anthony Rebeiro. All in favor with AYES: Anthony Rebeiro, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. Motion to open #23-17, 221 Great Plain Rd., for voting session was made by Juan Rivas; seconded by Anthony Rebeiro. All in favor with AYES: Anthony Rebeiro, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. During the discussion, Mr. Rivas expressed concern with the erosion and runoff, but feels it would be addressed with the addition of a gutter system to the detached garage. He recommends that the stipulation be added to the approval. Mr. DeLucia agrees with this notion. Motion to approve Application No. 23-17, 221 Great Plain Rd., per plan submitted with stipulation that a gutter system be added to the garage to prevent erosion, was made by Anthony Rebeiro; seconded by Peter DeLucia. All in favor with AYES: Anthony Rebeiro, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. #23-18: 7 & 9 Thorpe St., Neil R. Marcus, Esq., (H12244 & H12245); CG-20 Zone. Sec.9.C.2.a & b. Expand previously approved addition in rear of building by approx. 300 sq. ft. per floor Chairman Hanna stated that this application is postponed until the next regularly scheduled meeting. No discussion or testimony took place. Zoning Board of Appeals Minutes September 28, 2023 Page 3 Motion to open #23-19, 21 Finance Dr., and #23-20, 27 Augusta Dr., for public hearing, was made by Juan Rivas; seconded by Anthony Rebeiro. All in favor with AYES: Anthony Rebeiro, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. #23-19: 21 Finance Dr., 21 Finance Dr. LLC, (K11150); IG-80 Zone. Sec. 6.C.2.d. and 8.C.1.c (2) to allow front yard parking in Lot 3A, Sec. 8.C.3.b (1) to eliminate landscape island requirement, and Sec. 6.C.2.b. to reduce depth of continuous perimeter planting strip from 20’ to 14’4” and to landscape perimeter planting strip with ornamental grasses instead of trees and shrubs to create additional parking in Lot 3A. #23-20: 27 Augusta Dr., 27 Augusta Dr. LLC, (K11151); IG-80 Zone. Sec. 6.C.2.d. and 8.C.1.c (2) to allow front yard parking in Lot 3B, Sec. 8.C.3.b (1) to eliminate landscape island requirement, and Sec. 6.C.2.b. to reduce depth of continuous perimeter planting strip from 20’ to 14’7” and to landscape perimeter planting strip with ornamental grasses instead of trees and shrubs to create additional parking in Lot 3B. Given the fact that Gail Bedoukian was representing both applications, the commissioners felt it was best to hear #23-19 and #23-20 together. Gail Bedoukian was present to represent both applications. Bedoukian Research celebrated its 50th anniversary last year, and grew from 2 to 137 employees right in Danbury. The two properties are adjacent to each other. There are challenges due to properties’ wetlands. They recently got approval for site improvements to allow for technological growth. Because of this, they lost some parking spaces. The variances they are requesting are to make the shared island into 10 parking spots. The variances are to allow front yard parking, to reduce the landscape requirements, and eliminate the need for trees. They would do shorter shrubs due to existing signage, a flag pole and driveways for the two lots. Mr. Botelho asks if they would be moving the flagpole. Ms. Bedoukian stated they would not need to move the flagpole, just the lighting. The flagpole is in the drawing, and would be located between the parking spaces and the road. There would be room for the ornamental grasses that are proposed in this area as well. Ms. Bedoukian said there would be six spaces in Lot B which is on the 27 Augusta side, and four spaces on Lot A on the 21 Finance Dr. property. Mr. Hanna asks what the spaces marked with “X” on the plan are. Ms. Bedoukian said the 14 spaces marked with “X” are spaces they lost due the concrete slab poured for the addition of the flammable waste container. Sean Hearty speaks regarding the properties. He states the ZBA has seen the property before regarding the stack height and topics for the rear processing plant area. The new pad allows for new tanks for their updated processes. The applicant has been working with planning to get the individual lots linked and address the parking, and the island parking achieved that. There have been negotiations going on regarding island width, etc. to make this happen, and has been ongoing for years. What is being presented has been hashed out, and is now being presented with the vetting of planning. Mr. Rivas has a question regarding the proposed parking spaces in the back of 27 Augusta Dr. The site plan indicates the parking spaces are right at the curbing, so he is concerned it would affect the truck or bay entrance. Ms. Bedoukian approaches the commission to clarify on the plan which lot Mr. Rivas was referring to. Ms. Bedoukian said they aren’t currently using the bay. They will be cutting back the curbing as well, so it won’t interfere with the trucks. Mr. Rivas asked if it would be used in the future; Ms. Bedoukian said it is used for their forklift currently. Mr. Rivas asked about the area in Zoning Board of Appeals Minutes September 28, 2023 Page 4 Lot 5 that was filled in, and questioned if it would be backfilled more to allow for parking. Ms. Bedoukian said she has met with Abby Lewis and Bernard Gallo (of EIC) regarding the wetlands in that area. Abby has granted approval to allow 100 yards of fill from this proposed parking project to be used as fill in the Lot 5 area. They will be revisiting their plans for this area in terms of parking, etc. Mr. Rivas just wanted to clarify there were no environmental issues. Mr. Botelho states that he walked the property and measured, and believes the spaces Mr. Rivas were questioning would fit. There was no one present in support or opposition for these applications. Motion to close public hearings #23-19, 21 Finance Dr., and #23-20, 27 Augusta Dr., was made by Juan Rivas; seconded by Anthony Rebeiro. All in favor with AYES: Anthony Rebeiro, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. Motion to open #23-19 for voting session was made by Juan Rivas; seconded by Anthony Rebeiro. All in favor with AYES: Anthony Rebeiro, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. During the discussion, Mr. Hanna said that the company has been a big employer in Danbury and gave jobs to 130 people. He feels they need to support business growth. Mr. Botelho states he couldn’t find parking during his site visit, so agrees they need more parking. Mr. DeLucia also supports the notion of wanting to see growth in Danbury. Motion to approve Application No. 23-19, 21 Finance Dr., per plan submitted, was made by Juan Rivas; seconded by Anthony Rebeiro, as it doesn’t affect the health and well-being of the neighborhood. All in favor with AYES: Anthony Rebeiro, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. Motion to open #23-20 for voting session was made by Juan Rivas; seconded by Anthony Rebeiro. No discussion amongst the commissioners. All in favor with AYES: Anthony Rebeiro, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. Motion to approve Application No. 23-20, 27 Augusta Dr., per plan submitted, was made by Peter DeLucia; seconded by Anthony Rebeiro. All in favor with AYES: Anthony Rebeiro, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. OTHER MATTERS: Mr. Hanna informs the members that there is a scheduling conflict with the Chambers on November 9th, so he would like to move the meeting to Zoom. Further discussion among commission members led to the decision that November, December, January, and February meetings will be held on the Zoom platform. ADJOURNMENT: Motion to adjourn was made by Anthony Rebeiro; seconded by Peter DeLucia. All in favor with AYES from: Anthony Rebeiro, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. Meeting adjourned at 7:35 p.m. Respectfully submitted, Melissa Llera Recording Secretary