Zoning Board of Appeals

Posted in City of Danbury Town Clerk’s Office on July 15, 2024 at 11:16 a.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 May 9, 2024 7:00 p.m. ROLL CALL: Chairman Joseph Hanna called the meeting to order at 7:00 p.m. Present by roll call were: William Trotta, Peter DeLucia, Brandon Botelho, and Juan Rivas. Chairman Joseph Hanna seated alternate William Trotta for Anthony Rebeiro. Absent were Anthony Rebeiro and Rick Roos. Staff present were Zoning Enforcement Officer Sean P. Hearty and Secretary Melissa Llera. ACCEPTANCE OF MINUTES: April 11, 2024 Motion to accept the Minutes of April 11, 2024 was made by Peter DeLucia; seconded by Brandon Botelho. All in favor by those eligible to vote: Commissioners William Trotta, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. The next regular meeting is scheduled for May 23, 2024 PUBLIC HEARING: Motion to open Application No. 24-07, 85 Driftway Road, for public hearing was made by Juan Rivas; seconded by Peter DeLucia. Motion passed unanimously with AYES from: William Trotta, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. #24-07: 85 Driftway Rd., Favela, Celso; (D13041), RA-40 Zone. Sec. 4.A.3. Reduce side yard setback on eastern side of property from 25' to 18.8' for construction of addition Celso Favela, homeowner, was present to represent the application. He is looking to do an addition on his home. Mr. Hanna asks him to clarify what the addition would be for. Mr. Favela said he is looking to extend the kitchen and have additional storage. Mr. Favela said the addition would be Zoning Board of Appeals Minutes May 9, 2024 Page 2 16’x34’. He would be doing an open floor plan with the kitchen and dining room together. Mr. Hanna asked if the Health Department had approved the septic in terms of the possible addition; Mr. Favela said they had. Mr. Botelho asks if a bedroom would be added; Mr. Favela said it would remain a two- bedroom home. Mr. Botelho then asked for confirmation that, per the floor plans provided, he would be extending the bathroom and kitchen only; Mr. Favela confirms. Mr. Trotta asks if the addition was going in the right, rear of the home, along with what is beyond the brush located in the rear of the home. Mr. Favela confirms that is the location of the addition. He also states his land extends beyond the brush as he has 1.95 acres of land for his property. Mr. Favela said that currently his kitchen is very small, so they are looking to make it larger. No one was present in support or opposition of the application. Motion to close public hearing for Application No. 24-07, 85 Driftway Road, was made by Juan Rivas; seconded by Peter DeLucia. Motion passed unanimously with AYES from: William Trotta, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. Motion to open Application No. 24-07, 85 Driftway Road, for voting session was made by Juan Rivas; seconded by Peter DeLucia. Motion passed unanimously with AYES from: William Trotta, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. Motion to Approve Application No. 24-07, 85 Driftway Rd., per plan submitted was made by Juan Rivas; seconded by Peter DeLucia. Approval was based that this is the minimum variance necessary in order to allow reasonable use of the property. The house is already non-conforming based on the original placement of the home on the lot. The variance will not adversely affect public health, safety, and welfare. Motion passed unanimously with AYES from: William Trotta, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. __________________________________________________________________________________ Motion to open Application No. 24-08, 11 Boulder Ridge W., for public hearing was made by Juan Rivas; seconded by William Trotta. Motion passed unanimously with AYES from: William Trotta, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. #24-08: 11 Boulder Ridge W., Flaherty, Francis T. & Thoa N., Beecher, Thomas W. Esq., Agent; (I05045), RA-20 Zone. Sec. 4.A.3. Reduce side yard setback on northern side from 15’ to 3.4’, Reduce side yard setback on southern side from 15’ to 10.5’, and Reduce rear yard setback from 35’ to 19.5’ for construction of addition, deck and stairs Attorney Tom Beecher of Collins Hannifin was present to represent the applicant. Mr. Flaherty, homeowner, and Bill Anderson, neighbor and builder, were also present. The Flaherty’s have owned the property since 2009, but are just making it their permanent residence with their son. They want to square off the corner of the home. The roof peak would not change with the addition. The home is currently a three-bedroom, and would remain so after the addition. The addition would make the living room bigger going towards the lake, along with making the second floor master bedroom larger. The current home is 1,536 sq. ft., and even after the 12’x12’ addition, the home is under 2,000 sq. ft. The property is in the RA-20 zone, and is currently non-conforming. The northside of the property abuts a common passway which is screened by arborvitaes. The current distance from the property line is 3.8 ft., and since the house isn’t parallel to the property line, the addition requires a variance to 3.4’. The rebuilt deck would be no closer than 4 ft. to the northside property line. The rebuilding of the deck would eliminate the unsightly stairs that currently cross the rear of the home. The stairs would now be Zoning Board of Appeals Minutes May 9, 2024 Page 3 on the southside of the deck which requires the variance to 10.5’. The current distance is 10.5’, but a variance is required since it is new construction. The bottom of the stairs will come out slightly farther than shown on the rendering due to the topography of the land and building code. Therefore, the landing would be 19.5 ft. from the 440 line on Candlewood Lake which also serves as the property line. The existing distance from the 440 line is 22 ft., but they now need a variance to the 19.5 ft. The hardships for the variances are the pre-existing, nonconforming lot, the size and shape of the lot, and the placement of the house on the property which is not parallel to the property lines. In addition, the topography of the site influences the building of the stairs. They provided four letters of support from neighbors as well. Attorney Beecher feels this is the minimum variance needed to expand the house a little, and it is in harmony with the neighborhood. Mr. Hanna asks what the dimensions of the deck are because they are not noted on the plan. Mr. Beecher said the deck is about 10-12 ft. off the back of the house, and will be about the same as what is currently there in terms of size. Mr. Anderson said the addition is 12’x12’. The stairs for the deck have a 3 ft. landing on top and about 8 ft. of stairwell to the bottom landing. The deck itself will go out about 11 ft. from the house. Mr. Hanna asks for clarification on the hardship in regards to the deck portion of the project. Attorney Beecher said the pre-existing, nonconforming lot, along with the size and shape of the lot. In addition, the stairs need to be code compliant for building which is why they had to extend 2.5 ft. past the existing back distance. Mr. Botelho asks to confirm that the stairs will only be 2.5 ft. closer to the rear property line than the current deck; Attorney Beecher confirms. Mr. Rivas asked if the stairs could remain as-is in the rebuild as to not make the deck more non-conforming. Mr. Hearty clarifies that typically he would not require a variance for stairs as they are a means of egress, but since they were presenting an application for the addition, he had them include the stairs as well. Mr. Rivas stated he visited the site. He asked if the addition would be from the ground to the second level or only the first and second level; Attorney Beecher said from the ground up. Mr. Trotta points out the rendering and existing photos provided. He asked the current and proposed distance of the deck off the rear of the house. Mr. Anderson said it is currently 11 ft., and would be rebuilt to 11 ft. as well. Mr. Trotta clarifies that a room is being added on the second floor of the addition; Mr. Anderson agrees. Attorney Beecher addressed Mr. Hanna’s concerns about the deck dimensions not being depicted if approved “per plan submitted.” Attorney Beecher said the dimensions could be scaled off, and they would be in agreement to add the dimensions as part of a stipulation if the Board desired. No one present in support or opposition of the application. Motion to close public hearing for Application No 24-08, 11 Boulder Ridge W., was made by Juan Rivas; seconded by William Trotta. Motion passed unanimously with AYES from: William Trotta, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. Motion to open Application No. 24-08, 11 Boulder Ridge W., for voting session was made by Juan Rivas; seconded by Peter DeLucia. Motion passed unanimously with AYES from: William Trotta, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. During internal discussion, Mr. Rivas asked if they wanted a stipulation, if approved, that the dimensions of the deck be added to the survey. Mr. Hanna said that Mr. Hearty stated it wasn’t necessary as it was an A2 survey, but in the future would like dimensions on all plans. Mr. Hearty clarifies that an A2 survey is a classification guarantee, so the dimensions could be scaled off the current survey accurately. During the permitting process, they could request that the dimensions be added to the survey. Motion to Approve Application No. 24-08, 11 Boulder Ridge W., per plan submitted was made by Juan Rivas; seconded by Peter DeLucia. The hardship is a result of the particular circumstances of the site and was not created by the applicant or a predecessor in title. The site is currently non- Zoning Board of Appeals Minutes May 9, 2024 Page 4 conforming, and the variance would be in harmony with the general purpose and intent of the zoning district and other provisions of the Regulations. The variance will not adversely affect public health, safety, and welfare. Motion passed unanimously with AYES from: William Trotta, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. CONTINUED PUBLIC HEARINGS: Motion to continue public hearing for Application No. 24-05, 11 Francis Road, was made by Juan Rivas; seconded by Peter DeLucia. Motion passed unanimously with AYES from: William Trotta, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. #24-05: 11 Francis Road, 6 Brothers Carpentry, LLC; (J15364), RA-8 Zone. Sec 4.A.3. Reduce front yard setback from 20’ to 12’ & Reduce rear yard setback from 35’ to 14.8’ for construction of single family dwelling with covered porch Pedro Guaman, property owner, present to represent the application. He is looking to build a house, and needs a front yard variance from 20’ to 12’ and rear yard from 35’ to 14.8’. Mr. Hanna asked if the house size was changed since the last meeting. Mr. Guaman said he removed 1 car garage, adjusted the master bedroom, and has dormers in the front and rear. The house is now 1800 sq. ft. There was inaudible discussion amongst the Board as they reviewed the submitted plans. Mr. Hanna asked to confirm that the revised plans have 3 bedrooms and 2 full bathrooms; Mr. Guaman confirmed. Mr. Botelho asked what windows would be installed for the finished basement. Mr. Guaman said they would be standard 19”x14” basement windows, and there would not be pits outside with egress windows. Mr. Rivas and Mr. DeLucia asked Mr. Guaman to confirm that he reduced the house from the original 2,800 sq. ft. to 1,800 sq. ft. now; Mr. Guaman said that was accurate. Mr. Hanna stated the house is still three floors. Mr. Guaman responded that it is two floors plus the basement area. The living space is 1,600- 1,700 sq. ft. due to the dormers taking away living area. Mr. Hanna said the house is depicted as 42’x28’; Mr. Guaman said he is only counting living area in his calculations. Mr. Hanna stated that most houses in the area are 1,200-1,600 sq. ft., and this house is about double those homes. He asks for clarification on the hardship for the proposed home. Mr. Guaman stated his hardship is the pre-existing, nonconforming lot that was created prior to zoning. Mr. Hanna said this is new construction, and he is entitled to build a home that is reasonable. He feels this proposed home is still too large. Mr. Rivas agrees that the applicant is trying to fit too much house on the lot. He acknowledges that he condensed the house since the original submission but only minimally compared to what he was expecting. Most houses in the areas are capes or ranches, and this proposed 3 story colonial style home is not in harmony with the neighborhood he is building in. Mr. Botelho acknowledges that the lot itself is only 54 ft. from front to rear, so with the given setbacks of 20’ and 35’, a variance would be required to build any home. Mr. Botelho says the applicant can use the Board feedback to work on a smaller plan. Mr. Hearty asks for confirmation that Mr. Guaman plans on living in the home and it is not a “flip”; Mr. Guaman confirms he would occupy the home. No one was present in support of the application. Elizabeth Brink of 15 Francis Road spoke out in opposition of the application. She has concerns in regards to the property line and placement of the driveway. She also felt the proposed house is too big for the neighborhood. No one else was present in opposition of the application. Zoning Board of Appeals Minutes May 9, 2024 Page 5 Mr. Hearty asks the applicant for his thought process on maintaining this size house with the revised plans. Mr. Guaman said he wants a home with rooms that are able to accommodate his belongings, and feels smaller rooms would not achieve that. He also wants a garage for his wife’s car which limits the size of his rooms. There are dormers upstairs in the front and back of the home. The kids’ bedrooms are upstairs, and he made a smaller master bedroom downstairs on the revised plans. He feels the dining room is also small. Mr. Hanna reiterates that the home still has three floors of living area, as it did in the original plan. Motion to close public hearing for Application No. 24-05, 11 Francis Road, was made by Juan Rivas; seconded by Peter DeLucia. Motion passed unanimously with AYES from: William Trotta, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. Motion to open Application No. 24-05, 11 Francis Road, for voting session was made by Juan Rivas; seconded by Peter DeLucia. Motion passed unanimously with AYES from: William Trotta, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. During internal discussion, Mr. DeLucia states the applicant has the right to build a home and it could be slightly bigger which would add value to the neighbors’ homes. Mr. Rivas agrees. Mr. Rivas feels the Board didn’t provide parameters after the first meeting regarding their expectations for size. He acknowledges the applicant reduced the size of the house, but feels the home is still excessive in size for the neighborhood. Mr. Trotta notes a 27’x15’dimension for a bedroom which he feels is much larger than a standard 12’x15’ bedroom. Motion to Deny Application No. 24-05, 11 Francis Rd., without prejudice was made by Juan Rivas; seconded by William Trotta. Denial is based on the fact that this is not the minimum variance necessary to allow reasonable use of the property, and the variance is not in harmony with the zoning district. His lot is larger than the required 8,000 sq. ft. in the zoning district. The applicant can come back with a revised plan that fits in with the neighborhood better. Motion passed unanimously with AYES from: William Trotta, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. Application was denied without prejudice. ADJOURNMENT: Motion to adjourn was made by Juan Rivas; seconded by Peter DeLucia. Motion passed unanimously with AYES from: William Trotta, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. Meeting adjourned at 8:04 p.m. Respectfully submitted, Melissa Llera Recording Secretary