Zoning Board of Appeals

Posted in City of Danbury Town Clerk’s office on April 28, 2025 at 4:14 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 27, 2025 7:00 p.m. ROLL CALL: Chairman Joseph Hanna called the meeting to order at 7:02 p.m. Present by roll call were: William Trotta, Brandon Botelho, Anthony Rebeiro, and Juan Rivas. Staff present were Zoning Enforcement Officer Sean Hearty, Assistant Zoning Enforcement Officer Tom Bickelhaupt, and Secretary Melissa Llera. Chairman Hanna seated William Trotta for Peter DeLucia. ACCEPTANCE OF MINUTES: March 13, 2025 Motion to accept the minutes from March 13, 2025 was made by William Trotta; seconded by Anthony Rebeiro. All in favor with Ayes: Anthony Rebeiro, Brandon Botelho, William Trotta, Juan Rivas, and Joseph Hanna. The next regular meeting is scheduled for April 10, 2025 Motion to open public hearings for Application No. 25-03, 2 Tucktaway Lane, and Application No. 25- 04, 52 Carol Street, was made by Juan Rivas; seconded by William Trotta. Motion passed unanimously with AYES from: Anthony Rebeiro, Brandon Botelho, William Trotta, Juan Rivas, and Joseph Hanna. PUBLIC HEARINGS: #25-03: 2 Tucktaway Lane, Deshan, Kyle; (J22006), RA-80 Zone. Sec. 4.A.3. Reduce front yard setback from 50’ to 35’ for the construction of a three season porch Kyle and Sarah Deshan, homeowners, were present to represent the application. They are looking to vary the setback, so they can construct a three season porch off the front of the house. Mr. Hanna asked if it is just a covered porch; Mrs. Deshan confirmed it is. Mr. Botelho asked if it will be an open air porch. Mr. Deshan said it will be, but will have screens to keep the bugs out. It will not be a closed structure. Mr. Hanna asked the dimensions of the porch. Mr. Rivas shares the plan on the screen, and points out the porch will be 22’ wide by 16’ long according to the site plan submitted. Mr. Trotta asked the homeowner what their hardship is. Mrs. Deshan said the house was built about 20 years before zoning was put in place. They are looking to add the porch as another area to their home, and would put a table and chairs out there. Mr. Deshan added that it would allow them to eat outside or entertain guests with the screens keeping out bugs and wildlife. Mr. Hanna asked why it had to be in this location. Mr. Deshan said Zoning Board of Appeals Minutes March 27, 2025 Page 2 the well is in the rear of the house, the septic and waste line are on one side, and the generator and propane tank are located on the other side. Mr. Hanna feels those locations adds to their hardship. Chairman Hanna asks for anyone in favor of the application; no one spoke. Chairman Hanna asks for anyone in opposition of the application; no one spoke. Motion to close public hearing for Application No. 25-03, 2 Tucktaway Lane, was made by Anthony Rebeiro; seconded by Juan Rivas. Motion passed unanimously with AYES from: Anthony Rebeiro, Brandon Botelho, William Trotta, Juan Rivas, and Joseph Hanna. Motion to open Application No. 25-03, 2 Tucktaway Lane, for voting session was made by Juan Rivas; seconded by William Trotta. Motion passed unanimously with AYES from: Anthony Rebeiro, Brandon Botelho, William Trotta, Juan Rivas, and Joseph Hanna. Motion to approve Application No. 25-03, 2 Tucktaway Lane, per plan submitted was made by Anthony Rebeiro; seconded by William Trotta. Motion passed unanimously with AYES from: Anthony Rebeiro, Brandon Botelho, William Trotta, Juan Rivas, and Joseph Hanna. #25-04: 52 Carol Street, Nadler, Marilyn & Jeffrey, Artel Engineering Group LLC, Agent; (I23002), RA- 20 Zone. Sec. 4.A.3. Reduce southern side yard setback from 15’ to 10.1’ & Reduce front yard setback from 30’ to 16.9’, Sec. 4.G.1 Allow parking in required front yard, Sec. 3.G.3.a. Allow detached accessory in front yard, Sec. 3.G.3.d. Allow detached garage within front yard setback, Sec. 8.C.1.c.(2) Allow parking in front yard, Sec. 8.A.2.c.(4) Allow excavation within 5 ft. of property line for construction of addition, detached garage, and retaining walls Attorney Neil Marcus was present to represent the application, along with Dainius Virbickas, professional engineer. Mr. Virbickas states that 52 Carol Street is a 14,000 sq. ft. parcel in the Lake Waubeeka community. There is currently a bungalow style house that was constructed in 1957, along with a small addition that was done at some point. There is currently a small basement and crawlspace on the lower level. The home has been in the Nadler family since the 1970s. The Nadlers are looking for a place to retire. They currently love the location and the City. However, changes would be required to accommodate year round living. Currently to access the laundry machines, you need to go outside to enter the lower level where it is located. The homeowners want to update the home to a small, ranch style configuration. The topography from the road to the home is very steep which results in the current driveway having a 23% grade, which exceeds the City’s limits. The lot from the home to the rear setback line is fairly level, but then has a steep drop to the lake. The proposed addition includes filling the area below the current screened in porch for an addition to the basement area. The new construction to the south encompasses the existing deck. It would be a full two-story addition with interior stairs to access the lower level. The existing home’s front corner is 10.1’ from the property line, so it is already within the setback. The existing building angles away from the property line going toward the rear, so the proposed addition would be no closer than the current home to the side property line. Mr. Virbickas continues to the other variances being requested associated with the proposed garage in front of the home. There are a number of regulations that require variances for this. They did contemplate doing the garage as an addition to the current home. However, the current driveway with the grade is difficult to navigate which is why they adjusted the location. They are proposing a garage and shortening of the driveway. The new driveway would have about a 16% grade which still exceeds the City’s limits. The garage requires a variance to the front yard setback of 13.1’ ft (from 30’ to 16.9’). They also need variances to allow parking within the front yard setback, along with allowing an accessory structure in front of the primary structure. Lastly, they will need a variance to allow grading within 5 ft. of the property line. A lot of these variances are common to Lake Waubeeka due to the lot configurations. The hardship is the steep topography and existing home location. The home would be consistent with homes in the neighborhood. The setbacks and septic location caused challenges as they discussed any alternatives. Letters of support were included from the adjacent neighbors and President of Zoning Board of Appeals Minutes March 27, 2025 Page 3 Lake Waubeeka Association. Letters from David Zwang, Bernard Geissinger, and the Lesnick’s were read into the record. Mr. Hanna asks if the stone wall on the right of the driveway is existing or proposed. Mr. Virbickas said it is proposed to make the driveway grade less steep. They would excavate and cut into the slope on the sides of the driveway to install the retaining wall. Mr. Hearty, through the Chair, asks if a driveway grade variance was being requested since Mr. Virbickas mentioned a 16% grade. Mr. Virbickas doesn’t feel they needed the variance request since they were reducing the non-conformity. Attorney Marcus adds that there is a pre-existing driveway that they will be making more conforming. He acknowledges there is no variance request for driveway grade. He is willing to discuss this with Mr. Hearty, and they could apply for the variance if it is deemed necessary. Attorney Marcus informs the Board that he has come for a lot of variances for properties within Lake Waubeeka since it is a unique community. They are many non-conforming lots. This lot is undersized since the neighborhood was up zoned previously, so that is a hardship. In addition, the steep topography provides another hardship. If the variances are approved, the property would be more conforming to the neighborhood with the upgraded home. When the community was founded in the 1950s, they didn’t account for parking since most families only had one car. Currently, a lot of homes park in the street, but the newer construction and applications are trying to get driveways and garages to get the cars off the street. Getting cars off the street would be a huge improvement. The neighborhood wouldn’t meet the current subdivision regulations. Mr. Hanna asks what the purpose of the jut out in the retaining wall is on the right side of the driveway. Mr. Virbickas said it would allow room to back out of the garage and turn around, so they wouldn’t need to back out into the road. Mr. Hanna asks how high the walls would be, and how they would be constructed. Mr. Virbickas believes the walls will be 4-6 ft. They will likely be made out of concrete with a stone veneer. Mr. Hanna asked if there is an alternate location for the garage; Mr. Virbickas said there is not. Mr. Hanna asked if the proposed 16% driveway grade would be for a new or existing driveway. Mr. Virbickas clarifies that the existing driveway goes up high, close to the home. They are cutting back the driveway away from the home and ledge outcrop. Part of the new driveway will be parallel to the existing driveway which is very steep. The existing grade is 23%. They will be reducing it to 16% by cutting it back, but are willing to try and achieve the 12% grade. Mr. Botelho asks if there will be plumbing and electrical in the garage. Mr. Virbickas said no plumbing, but likely electrical to allow for lights and a garage door opener. Mr. Botelho asks what will be in the additional space for the home. Mr. Virbickas shares the floor plans on the screen. The home is pretty compact since it was intended for summer living, but there was an expansion to the living room at some time previously. Mr. Botelho asks how many bedrooms and bathrooms the home has now versus after the addition. Mr. Virbickas said currently it is 3 bedrooms, 2 bathrooms; after the addition it will be 3 bedrooms, 2 ½ bathrooms. Mr. Hanna asks if the addition is just to add a half bathroom. Mr. Virbickas said it allows them to have an internal stairway, move the laundry upstairs, and a better, modern living space upstairs. There will be one bedroom upstairs and two bedrooms downstairs. Mr. Rivas brought up the proposed driveway grade as stated in section 8.B.3. where it couldn’t exceed 12%. He understands Attorney Marcus stated they could come back with another application if it is required, but Mr. Rivas wonders how they could be guaranteed that. Attorney Marcus points out that is they approve the currents variances per the plans submitted, then the driveway location would require them to apply unless they could improve the grade. Mr. Virbickas states that during a site plan review, if a non-conformity is pre-existing, then it is allowed to remain especially if they are improving it like here. Attorney Marcus confirms they would apply, if deemed necessary, by Zoning if they can’t adjust the plans to comply by excavating deeper. Mr. Rivas understands they would be making it more conforming, but they are widening the driveway, so they are expanding the non-conformity. Mr. Hanna requests to see drawings with the existing and proposed grades for the driveway. Mr. Virbickas said they had not done drawings until the variances were approved, but could provide those to the Board. Mr. Zoning Board of Appeals Minutes March 27, 2025 Page 4 Botelho and Mr. Hanna agree that the pitch of the driveway could be adjusted through the use of retaining walls, even if it is more costly than the current plan. Attorney Marcus asks the Board if they would like to continue the application to allow them to submit a drawing with the driveway grades. Mr. Hearty recommends they continue the public hearing. This would allow the applicant to submit drawings with the driveway grades. They are reducing the non-conformity, but the application would need to be readvertised if the Board deems a variance is required. Attorney Marcus requests the application me tabled. Mr. Rivas had questions regarding the addition. He is curious why the addition couldn’t be positioned in a way that the side yard setback variance would not be required. Mr. Virbickas said if they shifted the addition to the north, it would result in an odd layout for the floor plan and challenging roof lines. They are further than the existing intrusion, and have support letters from the neighbors on that side. Mr. Rivas states that ZBA wants to limit the number of variances they approve. He feels the garage is a big ask in itself. After walking the property, he believes the addition could be shifted to eliminate that variance. Mr. Virbickas said he can discuss with the homeowners, and provide an answer at the next meeting. Mr. Nadler, homeowner, stated that if they moved the addition to the north they would encounter more ledge which would require more blasting. In addition, the rock ledge forms part of the foundation, so he isn’t sure what affect blasting would have on that. Mr. Hanna suggests making the addition 2 ft. smaller in the same location, and could then meet setbacks. Chairman Hanna asked if Attorney Marcus would be in favor of continuing the public hearing, so the applicant could provide the requested information; Attorney Marcus agrees with the continuation. Motion to continue public hearing of Application No. 25-04, 52 Carol Street, until the April 10th meeting was made by Juan Rivas; seconded by William Trotta. Motion passed unanimously with AYES from: Anthony Rebeiro, Brandon Botelho, William Trotta, Juan Rivas, and Joseph Hanna. ADJOURNMENT: Motion to adjourn was made by Juan Rivas; seconded by Anthony Rebeiro. Motion passed unanimously with AYES from: Anthony Rebeiro, Brandon Botelho, William Trotta, Juan Rivas, and Joseph Hanna. Meeting adjourned at 8:15 p.m. Respectfully submitted, Melissa Llera Recording Secretary