Zoning Board of Appeals

Posted in City of Danbury Town Clerk’s office on January 13, 2025 at 11:57 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 December 12, 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, Brandon Botelho, Peter DeLucia, Anthony Rebeiro, and Juan Rivas. Staff present were Zoning Enforcement Officer Sean Hearty and Secretary Melissa Llera. ACCEPTANCE OF MINUTES: November 14, 2024 Motion to accept the minutes from November 14, 2024 was made by Peter DeLucia; seconded by Anthony Rebeiro. All in favor with Ayes: Brandon Botelho, Peter DeLucia, Anthony Rebeiro, Juan Rivas, and Joseph Hanna. The next regular meeting is scheduled for January 9, 2025 Chairman Hanna explained the procedures of the Zoning Board of Appeals. Motion to open Public Hearing for Applications #24-18, 31 Moody Lane, and #24-19, 11 Valley Stream Drive, was made by Juan Rivas; seconded by Peter DeLucia. Motion passed unanimously with AYES from: Brandon Botelho, Peter DeLucia, Anthony Rebeiro, Juan Rivas, and Joseph Hanna. PUBLIC HEARINGS: #24-18: 31 Moody Lane, Ferris, Percy, Sherwood, Robert, Agent; (I06001), RA-20 Zone. Sec. 8.A.2.c.(4) Allow grading within 5 ft. of property line for construction of retaining wall. Robert Sherwood, landscape architect, was present to represent the application. Percy Ferris, property owner, was also in attendance. The variance is for a project on Candlewood Lake. They had come to ZBA a few years ago for a variance for grading and a wall in the front of the property. They Zoning Board of Appeals Minutes December 12, 2024 Page 2 have developed a plan for the rear yard which also requires grading and retaining walls within 5 ft. of the property line to allow for a terrace by the lake. They submitted an application to First Light who came back with comments. They revised the plans based on those comments which are the plans submitted to ZBA. The topography of the property drops off as it goes toward the lake. The proposed wall would allow the terrace area and they could maintain proper grades. The wall would be within 6 inches of the property line. Mr. Hanna asked how high the wall would be. Mr. Sherwood responded 4 ft. They would likely use a modular block wall which will be engineered. Mr. Rivas asked Mr. Hearty if approving the variance before First Light issues approvals would cause any problems. Mr. Hearty said that First Light would have the final say on the project. Mr. Rivas asks Mr. Sherwood how far the wall would be from the 440 line. Mr. Sherwood showed the 440 line on the map. He points out the small terrace and wall that are at/ over the 440 line. Mr. Sherwood also shares that they will be required to go to EIC if the variance is approved. No further questions or comments from the Board. Chairman Hanna asked for anyone in favor of the application; no one spoke. Chairman Hanna asked for anyone in opposition of the application; no one spoke. Motion to close Public Hearing for Application No. 24-18, 31 Moody Lane, was made by Anthony Rebeiro; seconded by Peter DeLucia. Motion passed unanimously with AYES from: Brandon Botelho, Peter DeLucia, Anthony Rebeiro, Juan Rivas, and Joseph Hanna. Motion to open Application No. 24-18, 31 Moody Lane, for voting session was made by Juan Rivas; seconded by Peter DeLucia. Motion passed unanimously with AYES from: Brandon Botelho, Peter DeLucia, Anthony Rebeiro, Juan Rivas, and Joseph Hanna. Motion to approve Application No. 24-18, 31 Moody Lane, per plans submitted was made by Anthony Rebeiro; seconded by Juan Rivas. The variance request fits within the public health and safety, and is consistent with the adjoining properties. Motion passed unanimously with AYES from: Brandon Botelho, Peter DeLucia, Anthony Rebeiro, Juan Rivas, and Joseph Hanna. #24-19: 11 Valley Stream Drive, Haddad, Theodore Sr.; (J08033), RA-20 Zone. Sec. 4.A.3. Reduce front yard setback (on Adeline Drive) from 30 ft. to 2 ft. Ted Haddad Jr. was present to represent the application. Mr. Haddad Jr. disclosed, per requirements, that he is an elected official, but he is able to speak on the application as the contract purchaser of the property. They are looking to build a 24’x 24’ addition. The house is a corner lot. Mr. Haddad Jr. provided the Board with copies of maps and photos depicting the property and proposed project. He points out the 1963 dead end easement, and the variance is to the easement and not the roadway. Mr. Hanna asks if the house currently has a garage. Mr. Haddad Jr. responds there is currently a two-car garage in the front of the house. Mr. Hanna asks if they would then have a four-car garage. Mr. Haddad Jr. responds that the 24’x 24’ addition would be used as storage. He recently sold his house to move in with his father, and they need more room. He has storage units in multiple facilities, and would like to get rid of them. They looked for other spots on the property for the addition, but they are limited by multiple factors including the septic location in the rear of the property. They have a previous variance for the garage, and are asking for a second to allow for the addition. Mr. Hanna asks if they will be making another driveway to the addition. Mr. Haddad Jr. said they would not, and they are not even putting garage doors on the addition. It will not be a garage. Zoning Board of Appeals Minutes December 12, 2024 Page 3 Chairman Hanna asked for anyone in favor of the application; no one spoke. Chairman Hanna asked for anyone in opposition of the application; no one spoke. Motion to close Public Hearing for Application No. 24-19, 11 Valley Stream Drive, was made by Juan Rivas; seconded by Anthony Rebeiro. Motion passed unanimously with AYES from: Brandon Botelho, Peter DeLucia, Anthony Rebeiro, Juan Rivas, and Joseph Hanna. Motion to open Application No. 24-19, 11 Valley Stream Drive, for voting session was made by Juan Rivas; seconded by Anthony Rebeiro. Motion passed unanimously with AYES from: Brandon Botelho, Peter DeLucia, Anthony Rebeiro, Juan Rivas, and Joseph Hanna. Motion to approve Application No. 24-19, 11 Valley Stream Drive, per plan submitted was made by Juan Rivas; seconded by Peter DeLucia. Mr. Rivas states the hardship results from the dead end easement for the City restricting the distance from the property line. The variance is in harmony with the general purpose and intent of the zoning district and other provisions of the Regulations. It won’t adversely affect public health, safety, and welfare. Motion passed unanimously with AYES from: Brandon Botelho, Peter DeLucia, Anthony Rebeiro, Juan Rivas, and Joseph Hanna. OTHER MATTERS: 1. 2025 Schedule of Meetings was provided to the members. 2. Election of Officers Anthony Rebeiro nominated Joseph Hanna for Chairman; seconded by Juan Rivas. No other nominations were present. Nominations were closed. Motion for Joseph Hanna as Chairman passed unanimously with AYES from: Brandon Botelho, Peter DeLucia, Anthony Rebeiro, Juan Rivas, and Joseph Hanna. Anthony Rebeiro nominated Juan Rivas for Vice Chair; seconded by Peter DeLucia. No other nominations were present. Nominations were closed. Motion for Juan Rivas as Vice Chair passed unanimously with AYES from: Brandon Botelho, Peter DeLucia, Anthony Rebeiro, Juan Rivas, and Joseph Hanna. ADJOURNMENT: Motion to adjourn was made by Juan Rivas; seconded by Anthony Rebeiro. Motion passed unanimously with AYES from: Brandon Botelho, Peter DeLucia, Anthony Rebeiro, Juan Rivas, and Joseph Hanna. Meeting adjourned at 7:26 p.m. Respectfully submitted, Melissa Llera Recording Secretary