Zoning Board of Appeals

Posted in City of Danbury Town Clerk’s office on September 16, 2024 at 10:51 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 July 11, 2024 7:00 p.m. ROLL CALL: Chairman Joseph Hanna called the meeting to order at 7:12 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 Assistant Director of Permit Coordination Tim Rosati and Secretary Melissa Llera. ACCEPTANCE OF MINUTES: May 9, 2024 Motion to accept the Minutes of May 9, 2024 was made by Peter DeLucia; seconded by William Trotta. 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 July 25, 2024 PUBLIC HEARING: Motion to open Application No. 24-09, 11 Francis Road, for public hearing was made by Peter DeLucia; seconded by William Trotta. Motion passed unanimously with AYES from: William Trotta, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. #24-09: 11 Francis Road, G Brothers Carpentry, LLC; (J15364), RA-8 Zone. Sec 4.A.3. Reduce front yard setback from 20’ to 15.1’ & Reduce rear yard setback from 35’ to 15’ for construction of single family dwelling Pedro Guaman was present to represent the application. He is proposing to build a single-family home. The Board felt the house was too large last time he applied, so he reduced the square footage. Zoning Board of Appeals Minutes July 11, 2024 Page 2 Mr. Hanna asked how many square feet the home is; Mr. Guaman replied about 1800 sq. ft. Mr. Guaman also clarifies that he changed the requested setbacks in this new application. The Board has inaudible discussion while reviewing the changes between the previously denied application and the current one. Mr. Hanna asked if the home will be two floors. Mr. Guaman said the home is a raised ranch. Mr. Hanna asked if there will be a garage; Mr. Guaman says no. Mr. Hanna clarifies that according to the survey and plans, the home is now 35’x28’ which is 980 sq. ft. per floor, and this makes the home a total of 1,960 sq. ft. Mr. Guaman confirms that the home is as presented on the survey and the layout is shown on the provided floor plans. Mr. Rosati also states on the record that the front and rear setbacks requested were reduced from the first application presented. Mr. Rivas asked for additional clarification on if a garage or basement were present, and if a full flight of stairs was present to access the second floor. Mr. Guaman said there is no basement or garage. He then adds that you will enter the home to a platform, and go down about 6 steps to the main floor or up about 6 steps to first floor. No one was present in support of the application. Elizabeth Brink of 15 Francis Road was present in opposition due to the size of the home and future use of the property. She feels the proposed home is still too large for the property and neighborhood. She also shared concerns about trees on their shared property line encroaching on her property and the need for the lawn to be maintained; Mr. Guaman was agreeable to address both concerns regarding the trees and lawn. No one else present in opposition of the application. Motion to close public hearing for Application No. 24-09, 11 Francis Road, was made by Peter DeLucia; 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. 24-09, 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. Juan Rivas suggests that if someone makes a motion to approve, that they address Ms. Brink’s concerns about the trees located on the property line with her parcel. Motion to Approve Application No. 24-09, 11 Francis Rd., with condition, per plan submitted was made by Peter DeLucia; seconded by William Trotta. The condition states that Mr. Guaman, the applicant, will remove the trees located on/ near the property line shared with 15 Francis Rd. Motion passed unanimously with AYES from: William Trotta, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. __________________________________________________________________________________ Motion to open Application No. 24-10, 53 West Wooster Street, for public hearing was made by Peter DeLucia; seconded by William Trotta. Motion passed unanimously with AYES from: William Trotta, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. #24-10: 53 West Wooster Street, Maita, Luis & Zoila G., Paulino, Malvyn, Agent; (I15048), RMF-4 Zone. Sec 4.B.3. Reduce minimum lot width for a three-family dwelling from 100’ to 99’. Malyn Paulino was present to represent the application. They have a legal two-family home now, but wanted to see if they were able to make it a three-family home. They meet all the setbacks and zoning requirements except the lot width. They have 99’ and would need 100’ for lot width. Mr. Trotta asked why they would like a three-family home. Mr. Paulino responds that they were currently planning on making the attic space part of the second floor unit. The attic space is about 1,000 sq. ft., so they Zoning Board of Appeals Minutes July 11, 2024 Page 3 figured they would try to get another unit. Mr. Botelho asked if they would be raising the roof. Mr. Paulino said they would not be. The space is currently designed to have three bedrooms up there as part of the second floor unit, but could be a separate unit. Mr. Rivas asked if there are currently rooms in the attic; Mr. Paulino confirms but clarifies they are under construction. Mr. Rivas asked about egress and fire exits for the proposed third unit. Mr. Paulino said there is an exterior staircase shown on the floor plan from the ground to the second floor. There is then an interior staircase from the second floor to the third floor. They would be installing a fire escape and egress windows for the two means of egress per the requirements of the fire marshal. Mr. Rivas asked for the size of the two bedrooms in the proposed unit. Mr. Paulino said the first bedroom closest to the stairs on the floor plan would be 17’ long x 12.5’ wide and the second bedroom would be 13’ long x 12.5’ wide. Mr. DeLucia asked if there was sufficient parking in the rear for the three units. Mr. Paulino confirms they would meet the parking requirements. Mr. Rosati states that two parking spaces are required in the regulations per unit, so six parking spaces would be required. Mr. Rivas asks Mr. Paulino to explain his hardship, and if there would be additional construction on the property after this variance, if granted. Mr. Paulino said the hardship is the lot configuration, as they are short 1 ft. in lot width. He also shares that the property owner does own one of the adjacent lots as well. It is also stated there would not be any more construction after this. The property owner has been working on the complete remodel for 1.5-2 years, so he would not do any further construction. He decided to try and get the third unit. Mr. Paulino states the property owner has permits for all work being done. No one was present in support or opposition of the application. Motion to close public hearing for Application No. 24-10, 53 West Wooster Street, was made by Peter DeLucia; 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. 24-10, 53 West Wooster Street, for voting session 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 Approve Application No. 24-10, 53 West Wooster Street, 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 applicant only requested a reduction of lot width by 1 foot. Motion passed unanimously with AYES from: William Trotta, Peter DeLucia, Brandon Botelho, Juan Rivas, and Joseph Hanna. ADJOURNMENT: Motion to adjourn 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. Meeting adjourned at 7:49 p.m. Respectfully submitted, Melissa Llera Recording Secretary