Zoning Board of Appeals

Posted in City of Danbury Town Clerk’s office on March 31, 2025 at 2:33 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 March 13, 2025 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. Staff present were Zoning Enforcement Officer Sean Hearty and Secretary Melissa Llera. Chairman Hanna seated William Trotta for Anthony Rebeiro. ACCEPTANCE OF MINUTES: February 27, 2025 Motion to accept the minutes from February 27, 2025 was made by Peter DeLucia; seconded by William Trotta. All in favor with Ayes of those eligible to vote: Peter DeLucia, Brandon Botelho, William Trotta, Juan Rivas, and Joseph Hanna. The next regular meeting is scheduled for March 27, 2025 Motion to open public hearing for Application No. 25-02, 40 Apple Ridge Road, was made by Juan Rivas; seconded by Peter DeLucia. Motion passed unanimously with AYES from: Peter DeLucia, Brandon Botelho, William Trotta, Juan Rivas, and Joseph Hanna. PUBLIC HEARINGS: #25-02: 40 Apple Ridge Road, City of Danbury; (E17061 & E17061-1), RA-40 Zone. Sec. 3.J.1.(b) Increase maximum roof projection height from 10’ to 16’ for rooftop mechanical equipment. Sec. 8.E.2.(g) Increase maximum allowable sign face from 32 sq. ft. to 102 sq. ft. for two-sided, free standing sign (51 sq. ft. per side), Increase allowable number of wall signs from one to four, Increase maximum wall sign face area from 32 sq. ft. to 346 sq. ft. total for the four wall signs (Sign A-90 sq. ft., Sign B- 90 sq. ft., Sign C- 50 sq. ft., Sign D- 116 sq. ft.), Increase wall sign height from 20’ to 50’5” for Sign A and from 20’ to 28’4” for Sign B. Sec. 8.E.6.(d) Allow sign which incorporates flashing or moving illumination for free standing sign for secondary school Antonio Iadarola, Director of Public Works, City Engineer, and project executive, was present to represent the application. The new high school is scheduled to open this fall. It will be the west end high school, and will help with the overcrowding at the current one. The City has requested variances on other school projects in the past because many need them due to the Zoning Regulations. Dan Petrovich, Assistant Engineer, then took over the presentation, and shares the project plans on the screen. In December of 2022, the City applied for a zone change for the property from IL-40 to RA-40 to allow the school on the previous Cartus site. As a result, they needed two variances at that time for building height and Zoning Board of Appeals Minutes March 13, 2025 Page 2 side-yard setbacks. They are now looking for 6-7 variances related to the construction and identification of the school. The first variance request relates to the roof projection height from 10’ to 16’ for the new rooftop units. The area on the left of the building is four stories, the center area is two stories, and the right side if three stories. The rooftop units that will exceed the 10’ allowance are on the two and three story sections of the building. They did their best to keep as much of the existing office building as they could, including some of the duct work where possible. The health code for fresh air levels for classrooms are much higher than office buildings, so larger units are required to accommodate this. The plan displayed shows unit heights which they know specifically. Each unit will sit on a curb which will have varying heights, but all will be under the 16’ requested. Mike Safranek from the airport provided a letter that he had no objection since all units will be lower than the four story portion of the building. Mr. Petrovich opened it up for any questions regarding the variance for the rooftop units. Mr. Hanna asked if it is a flat roof. Mr. Petrovich said it is a flat roof that has multiple steps or stories. Mr. Hanna asked about the location of the mechanicals. Mr. Petrovich replied that the large units on the roof will be the air handlers and fresh air intakes. The chiller for the air conditioning is located in the parking lot. Mr. Rivas asked about the possibility more units may be required once the system is functioning and the appropriate testing is performed. Mr. Petrovich said the system was designed for the building at full capacity, so they do not expect the need for more units. Mr. Rivas asked if the testing accounted for redundancy for failure or backups. Mr. Petrovich said that each unit is assigned to an area of the building. There is not redundancy because that would have been costly. Mr. Petrovich continued with the second group of variances which are for the wall signs to identify the building. It is a unique building since it will be shared with the high school and Board of Education. The building is also open to driveways and parking on all four sides, so clear identification is important. Sign A is located on the top corner of the building. This was the location of the old “Cartus” sign that could be seen from the mall. It will say “Danbury High School-West,” and will be larger than the previous sign because it has more letters. It is on the four story portion of the building. It will be unlit and wall attached. The total size of Sign A is 90 sq. ft. Sign B will also say “Danbury High School-West,” and is also 90 sq. ft. It will be above the main entrance of the school which was previously the Cartus main lobby. It will be the primary identifier for visitors to the school when they enter the main parking area on the right. The main entrance will lead to a secure vestibule with a guard. Both Sign A and Sign B are higher than the allowable 20 ft. height: Sign A is 50’5” high and Sign B is 28’4” high. There is a glass area above the main door which dictates Sign B’s location. Sign C will say “Danbury High School-West,” and will be located at the secondary entrance next to the gym. There will also be a secure vestibule and guard at that location. This location will be critical for sports and after school events. This area can be locked off from the rest of the school, so people can’t enter the school during these events. Sign C is 50 sq. ft., and it meets the height limits in the Zoning Regulations. Sign D will say “Board of Education Danbury Public Schools,” and will be located at their entrance. This will be critical to identify their location. The sign is 116 sq. ft. In review the variance requests are: increase allowable height to 50’5” for Sign A, increase allowable height to 28’4” for Sign B, increase allowable number of wall signs from 1 to 4, and increase cumulative sign area from 32 sq. ft. to 346 sq. ft. Mr. Hanna asked if Sign A needed to be 50 ft. high, or if it the height could be reduced. Mt. Petrovich said the designers chose the location which was the previous location of the “Cartus” sign. This is a landmark project for the high school with career pathways. They want an identifier that is visible from far away. Mr. Hanna feels the City should adjust the Regulations since they will be allowing taller buildings. They just had another sign requesting a height variance as well. Mr. Trotta asks for verification that the sign(s) won’t be lit. Mr. Petrovich said the signs won’t be lit, and will be the lettering only. Mr. Trotta and Mr. DeLucia expressed their concerns if there was lighting due to the close proximity to the airport; Mr. Petrovich reassures there will not be lighting. Mr. Iadarola adds that they are working with residential sign regulations, but they are building a commercial building. Sign A will be located in the area where holes are still in the building from the “Cartus” sign. Zoning Board of Appeals Minutes March 13, 2025 Page 3 Mr. Rivas understands the building needs identifiers, but wonders if there is any way to condense the square footage of the signs with maybe a different font, etc. He understands that they are being held to residential zoning regulations. He requests that they provide their hardship. He understands the public health and safety for the rooftop units, but asks about the signs. Mr. Petrovich responds that it would be way finding and safety for the signs as well. They don’t want people wandering around the property. In regards to the size, there are 21 letters and a hyphen in the name, so that increases the size of the signs. Mr. Iadarola states that the building will have 1,400 students, along with visitors to the school and Board of Education. Identifying the building is very important. They are working with residential sign regulations with a commercial building. The property had to be rezoned from IL-40 to RA-40 to allow for the school. The letters are no bigger than the “Cartus” sign, but the name just has more letters. Mr. Trotta asked if they would be open to “DHS-West” for Sign A which would allow for a smaller sign. Mr. Iadarola said that naming the school was done by the Board of Education, and it was part of a long process. He is not sure the Board of Education would allow them to do that. Mr. Trotta clarified that he was just talking about for Sign A. Mr. Hanna feels that Sign A is very high. Mr. Iadarola responds that as you drive up to the school, your vehicle is pointing up toward the sign. Mr. Hanna asks about the view from the parking lot; Mr. Iadarola said that 50’ is not as high as you may think when looking at the building. Mr. Rivas and Mr. Hanna agree that the sign regulations for the City should be looked at. Mr. Hearty points out that this variance is for a school. It was a commercial building that had to be rezoned to residential. They had used the existing building which required other variances due to the zone change. He feels it is important for people to know where to go for a school. He wouldn’t want the Regulations to allow all residentially zoned properties to have high signs. Mr. Botelho feels this project is beneficial for the City because Danbury needs schools. It is a good location for it too. Mr. Trotta agrees it will be an asset to the community to help with the overcrowding. Mr. Trotta is concerned they would set a precedent for other signs if these are approved. Mr. Botelho feels this is a separate application than previous ones. There was already a “Cartus” sign in the highest location they are requesting. Mr. DeLucia said his concern was for the airport, but Mr. Safranek stated he had no concerns. Mr. Petrovich informs the Board that there is one more group of variances to review. They want to have a freestanding monument sign located adjacent to the main driveway of the school as you come from Apple Ridge Rd. It would be an illuminated message board sign similar to the current Danbury High School on Clapboard Ridge Road. It is not within setbacks, and is located in the grass area. It would be double-sided, so it could be seen when entering and leaving the site. It will be on a brick monument base with the LED message board sign. The LED sign is just red and black and not multi-colored. It will not exceed the allowed 6 ft. in height. They are requesting an increase in total sign face area from 32 sq. ft. to 102 sq. ft. which would be 51 sq. ft. per side including the base and display. The second request is to permit the use of a flashing or illuminated sign. The sign would be used to provide information on school events, schedules, dismissal times, and any other information deemed important by school administration. The sign will not be visible from Kenosia Avenue. The City will pass along any conditions the Board wants to impose on the flashing sign, if approved. Mr. Iadarola clarifies that the LED sign will be on the 2’ high brick base, and will not be on a post. The Board of Education was very adamant on their request to have this sign to relay messages. Mr. Hanna asked if they planned to have the sign on all the time with the flashing messages. Mr. Iadarola responded that they want the sign on during school hours, along with Board of Education office hours. They are open to whatever operational limitations the Board would like. Mr. Hanna feels the sign on at night would affect the residential neighborhoods nearby. He does not see a problem with during the day. Mr. Iadarola said the view from the condominium complex would be limited based on the topography and a privacy fence. The remaining buildings in the area are commercial or industrial. Zoning Board of Appeals Minutes March 13, 2025 Page 4 Mr. Trotta acknowledges the presence of a similar sign at the current high school in the residential neighborhood. He asks Mr. Hearty if he receives a lot of complaints. Mr. Hearty said the current high school is held to one message per day per their variance. They don’t get complaints typically. The sign is lower on Clapboard Ridge Road, so it is shielded from view which is similar to how this one would be. Mr. Iadarola states that he has been to a lot of high schools across the State, and these signs are very typical for high schools and middle schools. Mr. Trotta asks if there are any plans for sports fields around the school which would cause lighting concerns for the condominiums. Mr. Iadarola said there is no current proposal for fields at this time. Mr. Rivas asked if there would be strobing affects for the sign; Mr. Petrovich responds that there is not, and feels that would be more of a distraction with the messages. Mr. Rivas asked if the Board of Education has a desired schedule for the sign display yet. Mr. Petrovich said he is not aware of scheduling yet, but would assume it would be consistent with the current high school sign. Mr. Hearty adds that flashing of the sign wouldn’t be permitted, but more like shifting of messages. The Board could limit the number of messages and frequency of changing. Chairman Hanna asked for anyone in favor of the application. Paul Rotello of 13 Linden Place, Danbury, spoke. He is also a Councilman for the 6th ward which is the location of this petition. Mr. Rotello doesn’t feel, based on the location and orientation of the electronic sign, that it will be seen from much of the surrounding area except Lake Place Condos. If the sign won’t be on all night, then he doesn’t feel it will be a problem. He also feels the sign requests are a small ask to identify the building, especially since Cartus had a sign at the 50’ height prior. He also supports the need for the robust air handler system after what we experienced and learned from COVID. If the airport is not objected to the height, then it shouldn’t be a problem. He asked for clarification on the possibility of noise for the neighbors, especially during the summer months. Mr. Iadarola clarifies that most of the noise from HVAC units come from the compressors. The compressor for this unit is located on the ground with a noise wall around it. It will likely be quieter than the system that was there previously given the newer technology. He also confirms Mr. Rotello’s comments on the electronic sign location, and points out the existence of privacy fencing and the differing elevations with the surrounding condominiums. Duffy O’Brian, resident of Lake Place South condominiums, then speaks. She points out that you can see the school in the winter when the trees are bare from the second floor of her unit. She states in the past, Cartus would turn off sections of the parking lot lights, and the snow plows would also turn off their headlights at times during the winter. She feels it is acceptable if the electronic sign is turned off at a certain time. She has no problems with the other building signs. She expresses her concerns about the noise of the HVAC unit. Mr. Hanna responds that the new units will be quieter than the older ones. Mr. Petrovich clarifies that there are also acoustic requirements related to classrooms and outside noise that are stringent, so those have to be met. The chiller for the system is in the far corner of the parking lot surround by noise walls to suppress the noise. Chairman Hanna asked for anyone else in favor of the application; no one spoke. Chairman Hanna asked for anyone in opposition of the application. Benjamin Chianese of 5 Briar Ridge Road, Danbury, spoke. He is also a Councilman. He has concerns over the noise from the air handlers. He also says there should be consistency with the Commission, and they didn’t like an application for a 75’ high sign that was presented to them. He doesn’t see the hardship for the 90’ high sign that is being requested. Mr. Iadarola clarifies that the request is for a 50’ high sign in the exact location of the previous “Cartus” sign. Mr. Chianese also expresses that he feels there is no hardship to allow the electronic sign since the school has other means they use to communicate information to parents and students. If an LED sign is allowed for this building, then what about the other industrial buildings located in the area of the Hologic building that will be vacant? He feels the sign regulations should be changed by the Zoning Commission if the Board keeps allowing these signs. He also believes there are alternate locations for the LED sign. Chairman Hanna asked for anyone else in opposition of the application; no one spoke. Zoning Board of Appeals Minutes March 13, 2025 Page 5 Mr. Rivas asks Mr. Petrovich and Mr. Iadarola if they are opposed to any conditions they impose on the LED sign in terms of timing, messages, etc. Mr. Iadarola said they would not be, and they will pass them all along to the Board of Education. The Board of Education may have night meetings which would provide a special circumstance at times that they would want it on longer. Mr. Hearty states the Board should set limitations for when the sign goes on and off, how frequently the message could change, and allow for special instances that the sign could be on. He would recommend every 15 seconds to change the message based on traffic patterns, and have the sign turned off by 8 pm. Mr. Iadarola feels those conditions would be adequate for the Board of Education. Motion to close public hearing for Application No. 25-02, 40 Apple Ridge Road, was made by Juan Rivas; seconded by Peter DeLucia. Motion passed unanimously with AYES from: Peter DeLucia, Brandon Botelho, William Trotta, Juan Rivas, and Joseph Hanna. Motion to open Application No. 25-02, 40 Apple Ridge Road, for voting session and discussion was made by Juan Rivas; seconded by Peter DeLucia. Motion passed unanimously with AYES from: Peter DeLucia, Brandon Botelho, William Trotta, Juan Rivas, and Joseph Hanna. Mr. Trotta believes a 15 second interval for messages, and the sign on from sunrise to sunset would be good, with the exception of a special event. Mr. Hanna agrees with the 15 second interval, but feels turning off at 8 p.m. would be appropriate. If there is a school event, if could be on longer. Mr. Rivas feels with sunrise and sunset times changing, that would be difficult to enforce. Mr. Trotta brings up the 50 ft. high sign. There was a sign there for “Cartus” that was allowed. Mr. Hanna feels the sign location would be pre-existing. He also acknowledges how long the school name is which affects the size of the sign. It is important to direct people around the building. Mr. Rivas said if they approve the LED sign, the conditions could be: 15 second intervals, go on 30-60 minutes before school, and go off between 8-9 p.m. when most events and Board of Education meetings would be over. The sign would not need to be on during summer break. A stipulation could be added to allow it on during school breaks. The 15 seconds would prevent the appearance of the sign flashing which is not permitted. The limitations on the time it is on would help prevent any light pollution at night. Mr. Hanna feels 7 a.m. to 8 p.m. would be good. Motion to approve Application No. 25-02, 40 Apple Ridge Road, with conditions, per plans submitted was made by Juan Rivas. Conditions are as follows: illuminated sign can be on from 7 a.m. to 8 p.m. on school operating days, messages on illuminated sign can change on a 15 second interval, the illuminated sign can be turned on for special occasions on school breaks or non-operating days and will be shut off once the event is complete. The variances won’t adversely affect the public health, safety, or welfare. The new school will benefit the community. The motion for approval was seconded by Peter DeLucia. Motion passed unanimously with AYES from: Peter DeLucia, Brandon Botelho, William Trotta, Juan Rivas, and Joseph Hanna. ADJOURNMENT: Motion to adjourn was made by Juan Rivas; seconded by Peter DeLucia. Motion passed unanimously with AYES from: Peter DeLucia, Brandon Botelho, William Trotta, Juan Rivas, and Joseph Hanna. Meeting adjourned at 8:43 p.m. Respectfully submitted, Melissa Llera Recording Secretary