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Zoning Commission

Regular Meeting

Danbury, CT · April 13, 2021

AgendaMinutes

Minutes

CITY OF DANBURY 155 DEER HILL AVENUE DANBURY, CONNECTICUT 06810 ZONING COMMISSION (203) 797-4525 www.danbury-ct.gov (203) 797-4586 (FAX) MINUTES APRIL 13, 2021 The web based meeting (hosted on Zoom) was called to order by Chairman Theodore Haddad Jr. at 7:30 PM. Present were Sidney Almeida, Chairman Theodore Haddad Jr., Ryan Hawley, Angela Hylenski, Rick P. Jowdy, Robert Melillo, and Alternate Jason Eriquez. Also present was Planning Director Sharon Calitro. Absent were Candace Fay, James Kelly, Michael Masi, and Alternates Nelson Merchan and Thomas Nejame. Chairman Haddad announced that Mr. Eriquez has been appointed to take the seat that was vacated by Michael Henry. He then asked Mr. Eriquez to take Mr. Masi’s place for the items on tonight’s agenda. Mr. Melillo led the Commission in the Pledge of Allegiance. Mr. Melillo made a motion to accept the March 9, 2021 minutes. Mr. Jowdy seconded the motion and it was passed by voice vote with six ayes. Mr. Eriquez did not participate in the vote as he was not present for that meeting. Chairman Haddad then said that the following petitions have been withdrawn: Petition of Berkley Insurance Company/Encompass Health CT Real Estate LLC to Amend the Master Plan of The Reserve. (Amend Phase 9B, Non-Residential Uses Not Serving the Immediate Needs of the Residential Development, from 100,000 SF of commercial use to 100,000 SF as a Physical Medical Facility-In-Patient Use.) Petition of Newtown Road LLC/Maria & Manuel Andre, Manuel Marques, & Antonio Marques, Whitney Avenue (K12254) for Change of Zone from RA-8 to CG-20. Chairman Haddad said there are no new public hearings this evening and the following petition listed under Continuation of Public Hearing was withdrawn on March 22, 2021. Zoning Commission Minutes April 13, 2021 Virtual Meeting hosted on Zoom Page 2 Petition of BRT Sconset LLC to Amend Section 4.A.6. of the Zoning Regulations. (Add Cluster Active Adult Development to the RA-20 & RA-40 Zones.) NEW BUSINESS: Petition of Berkley Insurance Company/Encompass Health CT Real Estate LLC to Amend the Master Plan of The Reserve for Tax Assessor’s lot #B15005 (Amend Phase 9B, Non-Residential Uses Not Serving the Immediate Needs of the Residential Development, from 100,000 SF of commercial use to 100,000 SF as a Physical Medical Facility-In-Patient Use.) MARCH SUBMISSION. Public hearing scheduled for May 25, 2021. THIS DATE IS SUBJECT TO CHANGE DEPENDING ON CIRCUMSTANCES RELATED TO COVID-19. Mrs. Hylenski made a motion to accept this petition, refer it to the Planning Commission for a recommendation, put on file in the Town Clerk's office, and forward to any other agencies as may be required. Mr. Melillo seconded the motion and it was passed unanimously by voice vote. Petition of Newtown Road LLC/Maria & Manuel Andre, Whitney Avenue (K12254) for Change of Zone from RA-8 to CG-20. MARCH SUBMISSION. Public hearing scheduled for May 25, 2021. THIS DATE IS SUBJECT TO CHANGE DEPENDING ON CIRCUMSTANCES RELATED TO COVID-19. Mr. Jowdy made a motion to accept this petition, refer it to the Planning Commission for a recommendation, put on file in the Town Clerk's office, and forward to any other agencies as may be required. Mr. Hawley seconded the motion and it was passed unanimously by voice vote. Mr. Melillo then made a motion to add the following item to tonight’s agenda as number 3 under the New Business: ZBA Referral - ZBA Application #21-09: 3 Lake Avenue Extension LLC, 3 Lake Ave. Ext., (G15005), CA-80 Zone, Use Variance Sec. 5.B.2.a., Allow use of the property as “shelter for homeless with conditions”. ZBA public hearing scheduled for May 13, 2021. Mrs. Hylenski seconded the motion to add this to the agenda and it was passed unanimously by voice vote. Chairman Haddad said the ZBA Referral subcommittee consists of Mr. Almeida, Mrs. Hylenski, and Mr. Melillo. He asked Mr. Melillo if they would schedule a meeting of the subcommittee. Mr. Melillo said they could meet at 7:00 PM before the next regular meeting on April 27, 2021 to discuss this and then they could make their recommendation at the meeting afterwards. Zoning Commission Minutes April 13, 2021 Virtual Meeting hosted on Zoom Page 3 Chairman Haddad asked if anyone had anything to discuss under Other Matters and there was nothing. He then said there was nothing listed under Correspondence and under For Reference Only, there were two petitions listed that are scheduled for public hearing on May 11. 2021. He then asked Mrs. Calitro if there has been any update to the Governor’s Executive Order that would affect the Commission. Mrs. Calitro said she has not heard anything yet, but she would let the Commission know once we hear if it will be extended or ended. At 7:55 PM, Mr. Jowdy made a motion to adjourn. Mr. Eriquez seconded the motion and it was passed unanimously by voice vote. Respectfully submitted, JoAnne V. Read Planning Assistant

Agenda

CITY OF DANBURY 155 DEER HILL AVENUE DANBURY, CONNECTICUT 06810 ZONING COMMISSION (203) 797-4525 www.danbury-ct.gov (203) 797-4586 (FAX) AGENDA - REGULAR MEETING WEB BASED MEETING HOSTED ON ZOOM APRIL 13, 2021 7:30 PM PUBLIC PARTICIPATION INSTRUCTIONS START ON PAGE 2 OF THIS AGENDA To view livestream on Danbury CT Planning & Zoning YouTube Channel click on https://www.youtube.com/channel/UC59LEpmvEgAN4B3EAyXEVTQ To View Application Materials, Click on Links Below the Agenda Item ROLL CALL THE NEXT REGULAR MEETING IS SCHEDULED FOR APRIL 27, 2021. PLEDGE OF ALLEGIANCE ACCEPTANCE OF MINUTES: March 9, 2021. (March 23, 2021 meeting was cancelled.) Click on link for Draft Meeting Minutes THE FOLLOWING PETITIONS HAVE BEEN WITHDRAWN: 1) Petition of Berkley Insurance Company/Encompass Health CT Real Estate LLC to Amend the Master Plan of The Reserve. (Amend Phase 9B, Non-Residential Uses Not Serving the Immediate Needs of the Residential Development, from 100,000 SF of commercial use to 100,000 SF as a Physical Medical Facility-In-Patient Use.) Public hearing scheduled for April 27, 2021. THIS DATE IS SUBJECT TO CHANGE DEPENDING ON CIRCUMSTANCES RELATED TO COVID-19. 2) Petition of Newtown Road LLC/Maria & Manuel Andre, Manuel Marques, & Antonio Marques, Whitney Avenue (K12254) for Change of Zone from RA-8 to CG-20. Public hearing scheduled for April 27, 2021. THIS DATE IS SUBJECT TO CHANGE DEPENDING ON CIRCUMSTANCES RELATED TO COVID-19. PUBLIC HEARING: None. CONTINUATION OF PUBLIC HEARING: Zoning Commission Agenda April 13, 2021 Virtual Meeting hosted on Zoom Page 2 1) Petition of BRT Sconset LLC to Amend Section 4.A.6. of the Zoning Regulations. (Add Cluster Active Adult Development to the RA-20 & RA-40 Zones.) THIS PETITION WAS WITHDRAWN ON MARCH 22, 2021. OLD BUSINESS: NEW BUSINESS: 1) Petition of Berkley Insurance Company/Encompass Health CT Real Estate LLC to Amend the Master Plan of The Reserve for Tax Assessor’s lot #B15005 (Amend Phase 9B, Non- Residential Uses Not Serving the Immediate Needs of the Residential Development, from 100,000 SF of commercial use to 100,000 SF as a Physical Medical Facility-In- Patient Use.) MARCH SUBMISSION. Public hearing scheduled for May 25, 2021. THIS DATE IS SUBJECT TO CHANGE DEPENDING ON CIRCUMSTANCES RELATED TO COVID-19. 2) Petition of Newtown Road LLC/Maria & Manuel Andre, Whitney Avenue (K12254) for Change of Zone from RA-8 to CG-20. MARCH SUBMISSION. Public hearing scheduled for May 25, 2021. THIS DATE IS SUBJECT TO CHANGE DEPENDING ON CIRCUMSTANCES RELATED TO COVID-19. CORRESPONDENCE: OTHER MATTERS: FOR REFERENCE ONLY: 1) Petition of SC Ridge Owner LLC to Amend Sections 4.H.2.b.(2)(a) & 4.H.2.b.(3)(b) of the Zoning Regulations. Public hearing scheduled for May 11, 2021. THIS DATE IS SUBJECT TO CHANGE DEPENDING ON CIRCUMSTANCES RELATED TO COVID-19. 2) Petition of SC Ridge Owner LLC to Amend the Master Plan for The Summit (approved June 23, 2020). Public hearing scheduled for May 11, 2021. THIS DATE IS SUBJECT TO CHANGE DEPENDING ON CIRCUMSTANCES RELATED TO COVID-19. ADJOURNMENT Public Participation Instructions: NOTE: This meeting starts at 7:30 PM (US and Canada), PLEASE feel free to join early after 7:00 PM to test the audio and video connection. Topic: Zoning Commission Meeting Time: Tuesday, April 13, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/89617647612?pwd=SmFDU09EQ1BRL0g3R1lmMG9iSzc5UT09 Meeting ID: 896 1764 7612 Passcode: 692050 Zoning Commission Agenda April 13, 2021 Virtual Meeting hosted on Zoom Page 3 One tap mobile +13017158592,,89617647612#,,,,*692050# US (Washington DC) +13126266799,,89617647612#,,,,*692050# US (Chicago) Dial by your location +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 929 436 2866 US (New York) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) Meeting ID: 896 1764 7612 Passcode: 692050 Find your local number: https://us02web.zoom.us/u/kbk7wYTruE See Also Virtual Meeting Instructions on Zoning Commission webpage.

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