Zoning Board of Appeals

Posted in City of Danbury Town Clerk’s office on November 18, 2024 at 9:56 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 October 24, 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. Absent was Anthony Rebeiro. Chairman Hanna seated alternate William Trotta for Anthony Rebeiro. Staff present were Zoning Enforcement Officer Sean Hearty and Secretary Melissa Llera. ACCEPTANCE OF MINUTES: October 10, 2024 Motion to accept the minutes from October 10, 2024 was made by Juan Rivas; seconded by William Trotta. All in favor with Ayes of those eligible to vote: William Trotta, Brandon Botelho, Juan Rivas, and Joseph Hanna. The next regular meeting is scheduled for November 14, 2024 Motion to open Public Hearings for Application No. 24-14, 9 Cedar Street, and No. 24-16, 19 Colonial Drive was made by Juan Rivas; seconded by Peter DeLucia. Motion passed unanimously with AYES from: William Trotta, Brandon Botelho, Juan Rivas, Peter DeLucia, and Joseph Hanna. PUBLIC HEARINGS: #24-14: 9 Cedar Street, Prazeres, Julius; (I09151), RA-20 Zone. Sec. 8.A.2.c.(4) Allow grading within 5 ft. of property line for previous construction of retaining wall Julius Prazeres was present to represent the application. He is requesting a variance for grading within 5 ft. of the property line. Mr. Hanna asks for clarification that the wall has been built; Mr. Prazeres confirms. Mr. Prazeres states the retaining wall was built by himself and other family in August 2023. A pool was then installed after the wall was completed. He hadn’t known when he reviewed the plans for the pool that a variance was needed or he would have applied before. Mr. Hanna asks if the pool installation is completed. Mr. Prazeres confirms the pool has been installed and filled since April. The pool isn’t covered yet. However, some final inspections were performed, but he can’t get a CO without the variance first. The Board also Zoning Board of Appeals Minutes October 24, 2024 Page 2 received a letter from Nejame stating he had no issues with the wall. Mr. Prazeres also spoke with the new tenants of the recently sold Repko property, and said they had no issues with the wall. Mr. Rivas visited the site. He noticed a drainage pipe at the end of the wall that would discharge water toward the adjacent property. He asks Mr. Prazeres if there is anything he could do to catch the rainwater from that pipe. Mr. Prazeres said he would be willing to put a rock bed or whatever the Board may feel appropriate. Mr. Botelho asked who installed the pool. Mr. Prazeres said the pool was installed by Hat City Pool. Mr. Botelho requests any paperwork on the pool. Mr. Prazeres replied that a permit was pulled for the pool installation. The permit was due to expire, but was put on hold in the Permit Center while he completed the variance process. John Schulman from the Building Department has been out for his inspections though. Ms. Llera confirmed the permit and inspection statements. Mr. Hanna noticed the 6’9” measurement on the survey, and asks for clarification. Mr. Prazeres said that is the distance from the property line to the pool. Mr. Hanna responds that the pool is OK then. Mr. Hearty clarifies that the pool is in the proper location. The Zoning Enforcement Officer noticed the wall in violation while out for the pool inspection. The Board is only concerned with the wall, and not the pool. Mr. Trotta asks what the hardship is. Mr. Prazeres responds that he built the wall prior to getting approval. He is asking for forgiveness instead of permission. He has pulled permits for any renovations or work on his property prior. He takes responsibility for not looking closer at the initial drawings. The wall was installed before the pool was even dug. Mr. Hanna asks if anyone is present in support of the application; No one speaks. Mr. Hanna asks if anyone if present in opposition of the application. No one speaks. Motion to close Public Hearing for Application No. 24-14, 9 Cedar Street, was made by Juan Rivas; seconded by William Trotta. Motion passed unanimously with AYES from: William Trotta, Brandon Botelho, Juan Rivas, Peter DeLucia, and Joseph Hanna. Motion to open Application No. 24-14, 9 Cedar Street, for voting session and discussion was made by Juan Rivas; seconded by Peter DeLucia. Motion passed unanimously with AYES from: William Trotta, Brandon Botelho, Juan Rivas, Peter DeLucia, and Joseph Hanna. Motion to approve Application No. 24-14, 9 Cedar Street, per plan submitted was made by Peter DeLucia; seconded by William Trotta. Motion passed unanimously with AYES from: William Trotta, Brandon Botelho, Juan Rivas, Peter DeLucia, and Joseph Hanna. __________________________________________________________________________________ #24-16: 19 Colonial Drive, Boccia, Ben & Jennifer; (F10030), RA-40 Zone. Sec. 3.G.3.d. Allow swimming pool between dwelling and front lot line Ben & Jennifer Boccia were present to represent the application. Mr. Boccia states they want to put a 15 ft. round pool between the front of the house and road. Their hardship is that the front of the house and property has a large amount of rocks. The pool wouldn’t be seen from the road. In addition, the rear of the house has the septic, and beyond the fence there is a large drop. Mr. Hanna acknowledges the large amount of ledge on the property. Mr. Trotta asks for clarification that the pool would be where the marker is depicted in the picture; Mr. Boccia confirms. Mrs. Boccia said the area isn’t much of a yard and more like a rock mountain. Mr. Rivas said he performed a site visit and agrees the area is all ledge. He walked the property in the rear and sides, and the topography makes it difficult. Mr. Hanna asked if it would be an above ground pool. Mr. Boccia responds that it would be a 15 ft. above ground pool. Mr. Trotta notices that the pool would be about 50 ft. from the front curb, so feels there is plenty of separation with the rocks as well. Mr. Trotta asked if the pool would be fenced-in. Mr. Boccia said it would be fenced off either around the property or the pool. Mr. Hearty clarifies that the fencing type and Zoning Board of Appeals Minutes October 24, 2024 Page 3 location would be governed by Building code. Mr. Rivas asks if the base would be inspected as well prior to the pool installation; Mr. Hearty confirmed. Mrs. Boccia stated they worked with Namco on making sure the base met all regulations. Once they found out the pool wasn’t allowed in the location, they stopped all work and applied for the variance. Mr. Trotta asked Mr. Hearty if another variance would be required if they wanted a deck for the pool in the future; Mr. Hearty said it likely would be required. Mr. Rivas asks the Boccia’s if they plan on a patio or deck. Mr. Boccia said they have discussed it, and thought about a deck around the back portion of the pool. Mr. Rivas requests the applicant have the deck added to the plan, and table this application so can do it together. Mr. Hearty clarifies that a ladder would be exempt as a means of egress, but with a variance they are held to the plans submitted. He would agree with Mr. Rivas to present the pool and deck together. Mrs. Boccia said they weren’t looking to put the deck up right now, so asked for clarification on the timeline. Mr. Hearty said the variance will run with the project forever, so they could install the deck at their leisure. He recommends contacting the surveyor to revise the plan with a deck added because the deck would meet setbacks most likely, but once added to the pool, it all becomes one in the same. Mrs. Boccia asks if they would have to reapply; Mr. Hanna clarifies they would not and it would be continued until the November 14th meeting. Mr. Rivas asked Ms. Llera about the time limits; Ms. Llera states she will confirm the time limits with the applicants if they continue. Motion to continue public hearing for Application No. 24-16, 19 Colonial Drive, was made by Juan Rivas; seconded by Peter DeLucia. Motion passed unanimously with AYES from: William Trotta, Brandon Botelho, Juan Rivas, Peter DeLucia, and Joseph Hanna. CONTINUED PUBLIC HEARINGS: #24-13: 333 Main Street, Newell Juan, Maura, Severty2architects; (I13034), C-CBD Zone. Sec. 8.E.4.a.(7)(b) Increase maximum height of sign from 20’ to 72’ above ground level, Sec. 8.E.2(c) Increase maximum area of sign from 24’ to 70’ Chairman Hanna notified the Board that this application was withdrawn by the applicant. ADJOURNMENT: Motion to adjourn was made by Juan Rivas; seconded by Peter DeLucia. Motion passed unanimously with AYES from: William Trotta, Brandon Botelho, Juan Rivas, Peter DeLucia, and Joseph Hanna. Meeting adjourned at 7:36 p.m. Respectfully submitted, Melissa Llera Recording Secretary