Zoning Board of Appeals

Posted in City of Danbury Town Clerk’s office on December 16, 2024 at 11:29 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 November 14, 2024 7:00 p.m. ROLL CALL: Chairman Joseph Hanna called the meeting to order at 7:01 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 24, 2024 Motion to accept the minutes from October 24, 2024 was made by Peter DeLucia; seconded by Brandon Botelho. All in favor with Ayes of those eligible to vote: William Trotta, Brandon Botelho, Peter DeLucia, Juan Rivas, and Joseph Hanna. The next regular meeting is scheduled for December 12, 2024 Chairman Hanna informed the Commission that the following application was withdrawn: #24-13: 333 Main Street, Newell Juan, Maura, Severty2architects; (I13034), C-CBD Zone.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’ Motion to open public hearing for Application No. 24-17, 47 Sheridan Street, and to continue public hearing for Application No. 24-16, 19 Colonial Drive, 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. Chairman Hanna reviewed the Zoning Board of Appeals procedures for the applicants. Zoning Board of Appeals Minutes November 14, 2024 Page 2 PUBLIC HEARINGS: #24-17: 47 Sheridan Street, Tapia-Ortega, Angel; (J14182), R-3 Zone. Sec. 8.A.2.c.(4) Allow excavation within 5 ft. of property line for construction of 2 retaining walls Mrs. Tapia, homeowner’s wife, and Luis Romero, the contractor, were present to represent the application. Mr. Romero stated he wanted to fix the wall. Mr. Hanna asked if the work on the wall was started already. Mr. Romero said the current wall is weak and they want to take it down. Then they would like to build a new wall. They are worried it will fall, so they want to take the current wall down in small pieces. Mr. Hearty clarifies that the contractor and applicant started work on the wall without permits. Once they were notified, the applicant brought in a new survey showing two walls with some type of a tiered system. He added that they started the demolition, but stopped immediately once the City notified them. Mr. Rivas stated he went to the site. The wall is extremely unsafe and on the verge of collapsing. He asks Mr. Hearty how they can ensure the new wall will sustain the weight, so this doesn’t happen again in the future. Mr. Hearty said the wall will require a building permit which will require an engineered design. There will be periodic checks during construction by a Building official and will checked by an engineer once completed. Mr. Trotta asks if there are two walls there currently, and if they will be adding to the current wall or building a new one. Mr. Hearty clarifies there is one wall in the rear that is currently falling down. They are replacing that wall and adding a second wall to have tiered grading. The regulation is in place to prevent people from building walls on their property lines over the weekend without the neighbors being notified. Mr. Hanna adds that an engineer would be required for any wall over 3 ft. Chairman Hanna asked if anyone was in favor of the application; no one spoke. Chairman Hanna asked if anyone was in opposition of the application; no one spoke. Michael Keeler of 19 Casper Street, Danbury, CT spoke. He informed the Commission that his property borders the rear of this property. The current wall has been unsafe since 2019. He expresses his concerns for his and his family’s safety, along with the possible damage to his property should the wall collapse. He requests the repairs be made a priority. Mr. Hearty states that the wall system was designed by an engineer, and they will make the project a priority in permitting. Motion to close public hearing for Application No. 24-17, 47 Sheridan Street, 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. Motion to open Application No. 24-17, 47 Sheridan Street, for voting session and discussion 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. Mr. Rivas states that he was at the site, and the current wall is very bad. He feels it is an emergency that needs to be addressed; Mr. Botelho agrees. Motion to approve Application No. 24-17, 47 Sheridan Street, per plan submitted was made by Juan Rivas; seconded by Peter DeLucia. Mr. Rivas based the approval that the variance requested is the minimum variance necessary for reasonable use of the property. The variance will greatly improve the public health, safety, and welfare since the site currently isn’t safe. Motion passed unanimously with AYES from: William Trotta, Brandon Botelho, Juan Rivas, Peter DeLucia, and Joseph Hanna. Zoning Board of Appeals Minutes November 14, 2024 Page 3 CONTINUED PUBLIC HEARINGS: #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 Mr. & Mrs. Boccia were present to represent the application. Mrs. Boccia stated they want to build a 15 ft. above ground pool. They submitted new plans after adding a deck around the pool based on feedback from the last meeting. They need a variance because the pool crosses the front lot line. Mr. Rivas asks if the deck is big enough for them. Mrs. Boccia said they took the Board’s advice and designed what they wanted in terms of size and design. Mr. Rivas asks Mr. Hearty if they are good with the setback distances for the pool. Mr. Hearty said the location of the pool is in compliance beside the front yard location. Mr. DeLucia requests clarification that the pool won’t be seen from the roadway due to the topography of the land; Mr. Rivas confirms. Mr. Boccia said the deck and pool would have fencing where required for pool safety and safety with the topography of the land. Chairman Hanna asked if anyone was in favor of the application; no one spoke. Chairman Hanna asked if anyone was in opposition of the application; no one spoke. Motion to close 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. Motion to open Application No. 24-16, 19 Colonial Drive, 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. Mr. DeLucia wants to ensure that if a motion of approval is made, that it reflects the revised plans submitted. Motion to approve Application No. 24-16, 19 Colonial Drive, per revised plan submitted was made by Juan Rivas; seconded by William Trotta. Mr. Rivas stated that hardship differs in kind from hardships imposed by the Regulations on other properties in the district since they have two front yard setbacks according to zoning. The variance will not adversely affect public health, safety, and welfare. Motion passed unanimously with AYES from: William Trotta, Brandon Botelho, Juan Rivas, Peter DeLucia, and Joseph Hanna. 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 7:30 p.m. Respectfully submitted, Melissa Llera Recording Secretary