Good evening, ladies and gentlemen.

This is a zoning board of appeal.

We'll meet tonight, City Hall.

155 Deer Hill Avenue, Thursday, January 22nd, 2026 at 7 p.m.

We start with the roll call.

Mr.

Williamson.

Mr.

Delusha.

Present.

Mr.

Rivas.

Present.

And I'm Johanna, Chairman of the Board.

Before we start, I like to explain how this works.

We only have four member board tonight.

You have to get the four vote for your case to win.

So anyone would like to continue his case, you can do so.

If you don't have more members on the board, are you saying we can't hold this meeting?

We can hold with four members.

If you guys like to be uh to present your case, you have to get to the to get the four vote.

If you like to continue your situation, you can continue for next meeting.

That's a hiring I need.

Thank you.

Okay.

I don't know.

Okay.

Okay.

We did the roll call.

Can I have a motion to accept the minute from November thirteenth, two thousand twenty-five?

Make a motion to accept the minutes from November 13, 2025.

Motion made by Mr.

Delusia.

All in favor.

Second, Mr.

Chairman.

Gotta second the motion.

Seconded by Mr.

Rivas.

All in favor?

Aye.

Aye.

Okay, we only need three members for that.

Next regular meeting, February 26, 2026.

And now we have a motion to open a public hearing for number 25-17.

And 25-18.

An application 26-01 to be continued.

I have a motion.

Mr.

Chairman, I like to make a motion to open applications 25-17, 44 South King Street, and applications 25-18 215 Brushy Hill Road for public hearing.

Motion made by Mr.

Rivas.

Seconded by Mr.

Delusia.

All in favor?

Aye.

Aye.

Aye.

Okay, uh application twenty-five-seventeen forty-four South King Street.

Can is the applicant available to tell us what they're doing?

Come on up.

You can sign your name there and tell us who you are.

And what are you doing?

So hello everybody.

Um this is my first time doing this, so please bear with me.

Um I'm here to represent Mr.

and Mrs.

Kula, but Georgia's here.

I have a signed paper showing that I'm representing her.

Do you guys need it?

Okay.

Further.

So my name is Daniela Varella, and my Danbury address is 128 Tag and Point Road in Denmark, Connecticut.

Oh, 6811.

But I'm representing the coolas at 44 South King Street, Damery, Connecticut, 06811.

Am I able to read off my phone or do I just talk to you guys?

Whatever.

Okay.

So we're here to let me actually just pull up it up.

I didn't think you guys were gonna say yes, so I just longer version to explain as much as possible of the story.

And Miss Melissa knows I cry, so I'm nervous.

Good evening.

As you guys know, I'm here to uh represent Georgia and Frank Kula.

The coolas have lived at this property since 1979.

And unfortunately, this house was destroyed by a fire in July of 2023.

I began working with the family in November of 2023.

And this project was has been a long multi-phase, multi-phase rebuild, driven largely by insurance requirements and city safety directives.

Initially, the intent was to rebuild on the existing foundation, as directed by the insurance company.

However, during the abatement process in June of 2024, the city determined that the existing foundation was not to code and unsafe.

So as a result, the foundation was required to be fully demolished and rebuilt.

Foundation demolition began in December of 2024.

Basically, we kind of had to figure out if we had enough money to do that.

So we went back and forth with insurance.

Due to insurance limitations, the project was then paused while the homeowners secured additional financing.

Construction resumed in October 2025, and the home was completely uh completed in November 2025.

It was during final review that it was identified that the structure sits approximately a foot and a half within the required side yard setback.

Throughout the rebuild, the intent was always to place the home where the original foundation existed due to the site constraints, winter construction conditions.

The final placement is slightly off.

This was not intentional and not self-created.

It's also important to note that the original home included a garage that extended further into the setback than the current structure.

The existing condition represents a re reduction in nonconformity compared to what existed prior to the fire.

Granting it allows the existing home to remain as built, avoids unnecessary site disturbance, and maintains the character of the neighborhood.

We respectfully ask for your support.

Can you do you have a bigger map than this one?

We can see.

And if I can have Sean just elaborate a little bit on some of the correspondence to clarify before I ask the questions.

Yeah, I think our understanding was um you're saying that the the foundation was ordered demoed by the building department, or was it demoed voluntarily?

By the building department.

That's what we were told.

Um the permission then um commissioner was to replace the home, same size, same location, uh, due to the fire damage.

With the removal of the foundation, obviously things got a little bit misconstrued, and the house was slit over a couple of feet.

The encroachment was discovered by the zoning enforcement officer when he was out there for his final and requested the final as built where we saw the small encroachment.

Uh then it's back to the new foundation was over the line.

The house itself slid a little over the line.

So yes, the foundation wasn't put back exactly where it was.

There was an error of some sort, which is why it's in front of you.

The original foundation though was non-conforming.

Uh unless I read it wrong.

Um, I just looked at it as a lot.

So the original foundation was ordered to be demolished.

So new plans were submitted to the case.

But the older foundation was the same.

No, it's a different design once they put in a new foundation.

So the building actually moved into the setback.

Don't they have a survey when they built the house?

We did.

That's why I feel or what from our understanding is that it just got shifted.

It's basically the it's a very awkward-shaped um piece of property, but basically the house kind of turned on an angle more, so that's why it's a back corner of the house.

And originally we were gonna build on that foundation.

Listen, when you draw the line for a new survey, yeah.

You can't put the house this way or that way.

You have to follow the line.

How that could happen that uh the house shifted the other way.

That I don't know.

That means they don't have a survey.

We did have a surveyor.

We actually I had to we did that twice.

Uh pros mark.

So we got it surveyed twice, and obviously we also did all the um inspections between every single part of the project as well.

Sean, so so I have a question.

So if the site plans that were submitted originally had the house with this same layout within the setbacks, does the building department or any city entity go out to inspect prior to the foundation being laid?

Um I think the building department would go out and inspect the um the footings and then the um forms before the poor.

However, they're not going to look at location.

Only zoning would be looking at location unless there's a building code there, obviously on a lot somewhere.

So building department would be concerned with that.

It would be zoning.

So this was discovered at the end of the process that they shifted the whole building over.

That's why it's coming to you now with the building totally complete.

Could this have been caught at foundation?

I don't know if a foundation as built was requested.

I don't think I did because this is supposed to be a fire repair.

It was supposed to be on the exact same footprint in the exact same location.

So there was an error, um, but it wouldn't have been caught till later on because zoning is the only one that was concerned about location on the lot.

Yeah, I think it's okay.

Okay.

So this is my understanding of it is then this is a discrepancy between the concrete company pouring down the um foundation and not making sure that they were following an adherence to the site plan.

Somebody messed up.

Okay.

Absolutely.

Any other questions?

And that's exactly why I said the word human error, I feel like it was a mistake that no one caught.

So you don't have to be afraid.

Relax, calm down.

This is not the relaxing.

We have we are here to help the people out of their hardship.

Yeah.

Uh so any other question?

Peter.

No.

Fine.

Mr.

Kagan.

Okay.

I might have some questions.

You're okay?

I might have some more questions, but I don't okay.

Go ahead.

You can you can proceed.

It's not closed yet.

Yeah.

Take your time.

I I do have one question.

Was there a reason to change the way that the house was built as far as it's now sitting vertically within the property line, whereas the old footprint was on a more horizontal layout of the property line.

So it was a two-story before, and the way it looks, that it's super that it's wide, that's actually the garage.

So the way it looks on the aerial view, that's the garage on the right.

Um, and then it was a two-story.

Uh we made it the same amount of square feet, but we just extended it longer because for handicap purposes.

We wanted it all one level, so all the bedrooms are all on one floor as well.

Okay, thank you.

My client is 7 or 76, and then her husband's 85.

And then they also have a 55 year old autistic year old son who is at home.

I think they ordered the old foundation removed.

That's why the city old foundation both.

Yeah, I know.

Okay, any other question.

All right.

We have a motion to ask.

Anybody in favor?

Yeah.

Anybody in support this application?

Oh, I have to I have to read the letter for opposition.

What is it?

We got a letter of opposition for uh this application.

I want to read it for the record.

We are writing in regards to Michelle Davros, Keenan.

We are writing in regard to tonight's zoning meeting for the variance requested by our neighbor Frank and Georgia Kula, located at 44 South King Street, E10078.

We were told that we could not reschedule the hearing, and we had already made the plans to be out of town this week and could not cancel them.

We are not in agreement with the variants and feel that much of the improvement made on a property will have negative impact on our property value.

In regards to the setback exception, we feel that it is a self-created hardship as the house was completely reset on a new foundation in violation of the setback requirement.

In a totally different formation that now overlooks our backyard, completely taken away any and all of privacy.

This will negatively impact our property value.

We are not located in the city center for a reason.

We were we wanted privacy.

As we followed the regulation and feel that improvement made on the cooler's property are situation of ask permission after the fact.

The house and the shed were moved with 18.4 feet and a deck on top of a new created stone retaining wall is set less than 25 feet close to the rock wall.

How these structures were allowed to be moved with a permit.

As it states that it will sit next to the shed that was moved.

This is a clear undermining of the zoning plan we have been in contact with zoning office and have spoken to Michelle and Laura they told us that a certificate of occupancy was not issued for the home yet the house has been habituated since December how is this possible?

There is also a debris situation on a property whereby carbs a pool that was demolished but not removed that set for the past couple of years with water in it causing a blight situation and damage by rodent to our property.

We had called the unit this fall and we had increased issues stemming from the reprieve yet only the water was released from the pool and no cleanup was done.

There is also another fallen shed and debris throughout the backyard and along the fence line.

The House Foundation variants along with the move shed and newly created deck are not acceptable and are in violation of regulation that could be enforced in our zone.

The RA40 zone are larger parcels that should maintain the integrity of privacy the changes implemented will affect our property value.

We were told by your zoning office that fences make good neighbors is a city going to pay for these fences we should not have to be burdened with cost due to enable failure to adhere to the zoning code please acknowledge reception of this email we appreciate your consideration and bidance to the zoning regulation without variance sincerely James and Michelle Keenan for a South King Street Denbury.

Okay I uh I don't think the House is really too much over the line right it's not really a major problem so that's the letter for the record and now any anybody here s and support this application are you in support I have some questions.

A position questions she said wait a second are you in support or are you in a position?

It depends upon the questions and the answers so wait one second and I'll let you talk after a while anybody in support this application anybody in opposition anybody in opposition okay now you come up my name is Roseanne Albert I live on Brushy Hill Road and I have some questions it seems that the variance is out the new house is out of whack by a foot and a half I don't know about all the rest of the things that you read but what would be the remedy for this knock down the new house what's your name can you write your name please on a paper sign your name I forgot to do that too.

So the second line your address was Brushy Hill Road.

Excuse me is it for two fifteen Bushy Hills.

Okay.

We're on King Street though.

I mean does that from what she just described it sounded like it was out of whack by a foot and a half on a new construction.5 only half a foot five yeah just not big deal.

If the board chose not to approve the variance, we'd have to revisit this with the applicant and take measures.

So my only comment is that it sounds like it's a hardship for half a foot.

So you say okay.

Thank you.

Okay, I need them.

Regarding the letter, anybody have a question here.

Support support.

I would support it for half a foot.

Thank you.

Yes, support.

Okay.

All right.

I'll just make some quick comments before we close it out of public hearing, because I won't be able to address you afterwards once we go into voting session.

I know that the ZBA is here for the grant relief of hardships, either for or against.

Moving forward, when you do any construction, make sure you're on top of your contractors and what work they do because although you're here in front of us, it could be it is a self-uh created hardship in the eyes of the zoning regulations.

So just something for future reference.

I definitely learned a lesson.

Definitely.

No, no offense.

Maybe I'll be on the board.

And but seriously, I we've learned a lot during this, so it was definitely a huge learning experience.

But like you said, I mean, we definitely with the foundation that was the first point.

We should have just definitely triple checked that, and I wish I did.

But next time I will for sure.

Okay.

Yeah.

Mr.

Chairman, I like to make a motion to close application 25-17, 44 South King Street.

Kahlua Kula, Georgia, and Frank RA40 zone from public hearing.

Motion made by Mr.

Rivas.

Second.

Seconded by Mr.

DeLucia.

All in favor.

Aye.

Okay.

You want to open it for voting?

Mr.

Chairman, I'd like to make a motion to open application 2517 for voting voting session and the discussion.

I think the House is already built.

We need a second.

Oh second.

Motion made by Mr.

Rivas, seconded by Mr.

Delusha.

All in favor?

Aye.

Aye.

Okay, any discussion.

Let's do it.

You guys have any discussion?

No, I think I've uh it was half a foot.

Um right, Sean.

Yeah, and and these are one of these variances, gentlemen, that's really puts the board in a horrible.

What is this?

Okay.

So it's yeah, half a foot is basically what we're talking about.

A couple of tenths here or there, but basically half a foot.

Mr.

Chairman, I'd like to make a motion to approve application 25-17, 44 South King Street, Kula, Georgia F and Frank, RA40 zone, Section 4A 3, reduce side yard setback from 25 feet to 23.6 to legalize construction of a single family home.

My reasoning behind uh approving this variance is the variance is the minimum variance necessary in order to allow reasonable use of the property will not adversely affect the public health safety and welfare of the community.

As per plan submitted.

Motion made by Mr.

Rivas.

I second.

Seconded by Mr.

DeLucia.

All in favor they could all call, Mr.

Keegan.

Aye.

Aye.

Hi.

Hi.

So yes, congratulations.

Thank you, guys.

Appreciate it.

Next time if I am here, I'm gonna try not to cry, but I appreciate you guys.

Thank you.

Okay.

Application twenty-five-18, brush hill road.

Anyone to present an applicant?

Gentlemen.

Tim Draper, 48 and Patty's Lane, West Bethel, Connecticut.

I'm the agent for the applicant.

You wanna sign your name?

Yes, sir.

Okay.

First off, I'd like to thank everybody for volunteering their time being on this commission.

I've been on many commissions in the town of Bethel.

So we're here, I'm here presenting or asking this commission to grant uh the Shanleys uh a um variance for something that is uh a hardship that was not created, but it's due to the circumstances, which I'll go through it why it is here and why we're here.

Um and it what it what we're here for is re reduce the front yard setback from 50 feet to 44.5 for constru for uh construction of a proposed addition.

I'm gonna use the etsel so I can uh just point out some things on the plans.

I believe you have the survey, the A2 survey with the septic, and also a uh copy of the building plans.

Is that correct?

We do.

Thank you.

Okay.

I can talk really loud, yeah.

Is that right?

I just talked loud.

Is that all right?

I can talk loud.

Just push it.

I think I can fine.

This is gonna be something going back and forth, but it actually can track through the property.

Oh, perfect.

Okay, good.

Okay, so this is 215 brushy hill.

This is Stephen Shanley's property, him and his wife Lauren.

This is he, it's an interior lot, and that's that hence is the issue.

And thank God that uh the engineer that did the B one hundred A brought this up before we even I don't want to end up afterwards, and I didn't even know this rule, which was totally smoke made.

So again, the variance is for section four point A point three of the Danbury zoning regulations, minimum front yard setback.

Okay.

Now this is the survey.

This this is not the belt survey.

So this is going, this is his driveway coming into brushy hill.

Okay, it goes by the neighbor's house.

I think it's Paulick Karras.

Okay, and and then uh David and Robert Gordon.

So it comes in here, interior lot surrounded all by lots.

Stephen's driveway comes in like this.

He's got a shed over here, he's got apple trees here.

His existing septic system is right here.

Okay, so it's on the right hand side of the house.

That's why we can't put the addition there.

Okay.

Our proposed addition.

Okay.

Why we're here, and the setback is right here.

It's 44.5 feet on the survey.

The rule or or regulation or whatever you call it, the front of the the part of the house or or whatever part of the house faces the closest road is the front of your house.

Okay.

This is not the front of his house by any stretch.

This is the front of his house.

Where the driveway comes in.

And this house uh Stephen bought in 2016, and it was probably built when 1939.

So in the late 30s.

So it was probably built, my guess.

I'm not even sure, and John could correct me.

Probably pre-zoning for that, you know.

So this was just something that came up.

So I'm gonna go this way.

So we have to push the addition off to the right hand side of the house.

Stephen and his wife are looking to expand their family.

And they have it, it's a two-bedroom house right now.

It's very old.

Um it's a stone foundation, and um it's just he needs more room.

There's no garages, there's no nothing.

He's got a big nice flat yard, and it's really tough to have a family in a in an old cape with two bedrooms that are really small, and quite frankly, not really up to code.

He's really you know, redoing, we're redoing the whole house.

Okay.

So that's the main crux of the problem.

This is the so what happens is when you build a new anything, any addition, pool, shed, whatever on a property, you have to do a B100A septic uh system.

So because you're basically taking over areas uh of the proposed addition where you would where you would put something.

So we had hired Mike Bazoco, P, Dan Bray, I'm sure everybody's heard his name.

And um, so uh new septic, if the primary failed, like I said, which is on this side of the house, this is the existing house, and this is the proposed, right?

So we would have put it over here.

We couldn't even do soil testing here because quite frankly, we're not even 100% sure all the areas of where the where the uh the septic tanks are or the fields or whatever right here.

This is this is the existing septic tank or septic uh septic area.

I'm sorry.

So approximate approximate location of existing septic tank and leaching fields to be abandoned if it fails.

This would be the new system over here.

So if you put the new system there, can you build your extension there?

You don't have to.

So you only have to do a B100A if you're uh okay.

If your primary septic fails, you're probably his primary.

He doesn't have to replace the septic system or as well.

His primary septic only has to be replaced if it fails.

That's the DPH code, department of public health code.

Does the well have to be relocated?

If it's in where the addition is.

Point of order, yeah, point of order.

Can't talk no.

Let him he he's presenting the application to us, and then what'll happen is you'll have your chance to talk, and he'll be able to answer any questions or rebuttal any any any comments you make.

I'll answer the questions to the commission, and the commission can answer it to the public.

Thank you.

Um we did our due diligence on what we're supposed to do building-wise, right?

And then again, once we had this all set, Mike said, Hey Tim, you're gonna come up with a problem.

I go, what's the problem?

He goes, there's the the law is, and I was like, you gotta be kidding me, right?

So then we had rap come out, survey the property, figure out where we need to be, what the very what where we're where we're missing.

We knew it was gonna be some feet, basically.

Uh believe the the front setback is 50 feet in this zone.

Am I correct?

Okay.

Um so we don't meet it.

But just overhang it.

Technically, in reality, this is the back of the house.

This is not the front of the house.

So that's where we're at.

You following me?

Any questions on that?

Everybody's thought, I just want to make sure that you heard what I was saying.

Again, they're considering this the front of the house by technical code, law, whatever, statue, however you want to say it.

But in reality, the front of the house is here.

This is his driveway.

Who's considering that that's the front of the house?

Excuse me.

Who is considering this side of the house is the front of the house.

This side here or this side here.

The side that we're talking about?

The codes.

The codes are considering that the front of the house.

The code?

The codes.

The code?

The code.

The thrush.

Through the chair real quick.

Lock configuration, you don't care where your door is.

You can put your door wherever you like.

You can call it your front door.

That's gonna be my front yard.

That's not how it works.

It's the line most parallel to the nearest street would dictate your front line.

And it just happens to be it's it's accurately depicted by uh Mr.

Rapp there.

Um so regardless of where the house is pointing, we don't care.

It's the lock configuration that rules.

Okay.

And for us to do, yeah, okay, that's a better explanation that I this is.

I'm a builder developer, so I'm just I'm helping Steven out because he actually is completely lost on it.

Anyways, we thought about doing it on the other side, but that's where the septic system is.

So it doesn't make sense.

And the way that the lot goes, we probably could have went a little, you know, another foot or so and been right at the line.

Or we just come here to the variance where this makes the most amount of sense.

You know, there's you can look at the topo here, it goes up in the back of his yard.

You can look right at the topo on the surveys, okay.

That makes no sense that that's the front of the house.

Whether it's the technical standard or not, that is not the front of the house.

This is the front of his house.

His driveway's there, his yards there.

It's just it just works.

And that's where it's been since 1939.

You know, when he bought the house, he thought that was the front of his house also.

No, if any of us did that, we would have thought the exact same thing.

It's just that this is one of those things that came up.

And thank God we're here before the last last girl that was just here, lady was just here, that we didn't do this after the fact.

That Mike, you know, he said, hey Tim, this is something that's gonna happen.

I said you gotta do figure something out.

And hence this is what we do.

We can't we already push the houses forward to keep the back of the house in line with the existing house.

So we're not going any farther any farther cl, you know, any any closer to the property line.

We're actually pushing it towards the front.

We recall the front of the house.

And so we can't go any farther.

So hence that's why we're here.

And I'm open to any questions.

This is amazing.

This is so you build an addition over there.

What's in the addition?

What's in the addition?

The plan you do have the plans in front of you.

Um we have a big plan here.

No, no, no.

I I I can I can go over with you too.

I'd like to see the plan like the one you have there.

So right now, it's gonna be a new master bedroom, master bath, kitchen, and the living area.

The existing house is gonna be renovated back into right now, because we're still using that same, but we can change any name that we want on here.

It's got an office, a game room, a laundry room, and a dining room.

Okay, and then the upstairs.

How do you the upstairs bedrooms are where they they are now, those are gonna be the kitchen?

Are you uh update the septic system?

Pardon me?

Are you updating the septic?

We do not have to do a septic unless the primary septic fails.

That's that's that's it.

We don't have to even even if it was a one-bedroom septic system and there was three bedrooms in the house, right?

That's just you say that's just the way it was because it was 1939.

Unless that primary fails, you do not have to replace it.

But this, Stephen went with, you know, through through the expense of it, knowing that we are taking up an area where the way the the the I thought when you increase in the bedroom, you need to update the septic system.

You don't.

All you need to do is do a B100A.

That is the DPH code.

Yeah, we'll leave that with the health department.

Um don't worry about it.

That's what we did.

They'll be looking at it, Joe.

I'm a licensed septic installer also.

So I need to know the codes.

I know some engineers they approve these things, some they don't know.

So that's so so what the the when you go to build something, I don't know if you thought if you put if you put a shed or a pool or a deck or a kitchen on a house, right?

You're taking up an area of that yard, okay, that could potentially be part of a septic system if you can't find something.

So that's what they make make you do a B100A for.

Okay.

So basically, what a B-100A is a full new brand new septic system, designed code compliant septic system, ready to go.

So if Stephen's septic system fails, we're ready to go.

But you're not gonna replace the septic system and put in a $50,000 septic system if you don't have to, because you don't have to.

Only if this fails.

That's it.

And it's ready to go.

So I'm not worried about the health department because this is exactly what they require of us as builders.

I don't have any question.

Any questions from the board?

No.

Yeah, I understand what you're saying about the front door, the front yard, and the topography, I think, plays into this.

Exactly.

It goes like this up into the back.

And again, for the last you know, 90 years, that's the front of the.

You know, there's no two ways about it.

You know, we can call the back of the house the front of the house.

Anyway.

Oh.

I'm Stephen Chanley, the uh homeowner.

The back of the house.

The house is kind of built into the hill.

Exactly.

Oh no, I'm just saying.

Yeah, Steven, what you want to say.

We want to get up and sign.

Stephen Shanley, 215 Brushy Hill Road.

The wanna assign your name?

Oh, right here, okay.

No, I couldn't do it.

So the house is currently, it's kind of built into that hillside.

That hillside goes up, and the property line is basically at the at the crest of the hill.

And then Paula's property 213.

213, she's in front of that, but the way the houses are kind of situated, you can't even see her house or my house really, unless you go to the crest of the hill at the property line and look over.

It's kind of like a just the way the topography works.

It's big, it's basically a big cliff side kind of thing.

It's built into that.

You wouldn't be able to, because obviously underneath the addition is a garage.

I believe you have like a plans.

It's a garage with living area above it and then the theater ceiling above that, and then reutilizing the rest of the houses in the two bedrooms.

So because of the topography, I'm calling it the back of the house because that's what it is.

You what are we gonna do?

We're gonna dig out you know 5,000 yards of material to do it.

Now it just doesn't make sense, right?

For something that every one of us when we went out there, you're gonna go knock on this front door, you're gonna go to the you're going to here.

You ain't going in the back house.

So that's all.

Again, I think it's it's it's a technicality type thing.

Is there a hardship?

Yeah, because it's a it's a technicality that just doesn't work.

It's something that's pre-existent.

He's not he didn't do anything, you know, either malicious or you know, nefarious, or oops, you know, we we messed something up.

That's why we're here.

You know, he wants to make the house that you know.

I've known Steven since he was in diapers, just about his dad's one of my best friends, and uh he's he bought this house on his own, he got married, he's he's an officer in the town of Ethel.

Um it's the house that he's gonna stay in.

I was I did think he was gonna stay in this actually I built his brother's house, you know.

So but it's a great lot.

I've been there many a times, and uh he just wants to improve the house and large his family.

Any other question from the board?

Uh uh I understand the current plans, you're following the line of the existing house on on this side.

Is there a reason you couldn't just shift the addition forward five feet or something?

We already did.

If you see that you can't really push it any farther forward.

I mean, why not?

It just I mean I took I saw the plans.

Yeah, it just really doesn't work with the plans.

How with the way the back of the house works, how the hallways are gonna line up, all of that type of thing.

You're gonna be bringing if you put this if you and you brought that all the way forward, you know.

It's just your doors are moving, everything's just moving.

It's it's really set to keep the house in line with everything.

You know, and quite frankly, this is ten times better.

You know, if you put you out, it's gonna look smooth.

I guess I'm a builder, that's what I do.

I'm here to support Steven, and basically give you the technical stuff.

Is there any other construction in the works or planned uh before uh after this that we would see you guys back here for another variance, or is this no pretty much because right now it's a cave, it's a very it's like a stone foundation typical house from the 30s and 40s, stone foundation, you know, uh was in the front, just an old cave.

Because right now it's a cave.

It's a very it's like it says stone foundation, your typical house from the 30s and 40s.

Stone foundation, you know, uh was in the front, just an old cave.

That's the best way to say it.

And we're you know, we're bringing that right up.

Put the addition on the side, obviously you're gonna redo the side of the new windows and rehab the existing house.

So it's gonna hold.

It's still not gonna look like the house that we're gonna build tomorrow on a brand new lot, right?

Because you can't do that.

It just you're not gonna take it, you're not gonna put an addition on the existing house and make it look like a 2026 house.

We're gonna make it look as nice as possible.

And there's no reason to expand it anymore.

You really can't expand it anymore.

It doesn't work.

You're not gonna go off a living area master bedroom and put a lot more bedrooms off the side.

It doesn't make a sense.

And we're utilizing the existing bedrooms on the second floor where they live, you know, sleep now into the kitchen.

Any other questions?

Leave us.

Anybody in support of this application?

Come up.

You want to sign your name, please?

Again.

I already signed.

Do I have to sign it again?

No.

Okay.

Roseanne Albert, 201 Brushy Hill Road.

Uh, can you show me the survey please?

Yes, ma'am.

Okay.

I'm at 201 versus the road.

I own this side of Stephen's property, and I own this piece of property here.

Stephen's on an interior lot, as he said.

And when I was notified of this, to say that Stephen's front door is over here, simply because Rushy Hill Road is over here, I think it's just total nonsense.

You drive in here, you come over here, they're the steps up to his house.

I think the garage and a new addition will be a wonderful addition.

And I'm for the so you are happy then.

Excuse me?

You are a happy I'm a happy neighbor.

I'm a happy neighbor.

He's a good night.

He's a good guy.

He's helped us out when tornado went through and ripped up our trees.

He was right there to help us.

So anyone else can support this application.

I support George Albert.

Can you sign your name, please, and let us know who you are?

Yes, sir.

George Albert.

Anyway, Roseanne already.

She's my wife, so we own the same property, and I'm just in favor of it.

It's uh it's gonna be a good thing.

It's not a not a big deal where it's gonna be moved.

That's about it.

Okay.

Thank you.

Thank you.

Anyone in a position for this application?

I don't know that I'm in our position until I get my questions answered.

Okay, you can ask your question though.

Sing in first, right?

Good evening.

My name is Paulette Karas, and I am the neighbor to Stephen.

Not so much to Roseanne and George, but we're neighbors.

Um I learned a lot tonight, and I want to thank you, gentlemen and lady, for being here this evening.

Um I learned a lot from going to the Records Hall for the past week, and listening to the previous requester, as well as as this one.

When I looked up the variants, I'm sorry.

When I looked up the variance this morning, correct me if I'm wrong, please, Melissa.

Um but I learned a lot from going to the records hall for the past week and listening to the previous um requester as well as as this one when I looked up the variance I'm sorry when I looked up the variance this morning correct me if I'm wrong please Melissa I thought the front and the back of the house had a 50 foot setback the statute the whatever it is it says it on the survey would be um if you I gotta I I gotta hear it so on the map I'm gonna look in the book because that would matter front yard is fifty uh rear is forty.

The rear is forty.

Yes.

So when you're saying that currently the existing house is 48 feet from the property line, I don't care if you call it the front or the back of the house.

Well, I I guess I do care because if it's the front of the house, it's not in compliance.

But if it's the back of the house, it is in compliance.

It's not in the back, it's in the front.

They're considered where addition going is the front of the house.

So what was your question again?

What the city designates as the front of the house is not in compliance.

She's correct.

So yes, so it's only four.

The existing house is only 48 feet from the property line.

If the if the the city considers the front of the house, which is truly the back of the house.

So yes, technically you're right.

But Sean can correct me if I'm wrong.

The house was built in 1939 regular.

I thought it was later than that.

The the regulations weren't uh put into uh uh law here or ordinance in in the city within the 50s or 60s.

So it's considered a pre-existent nonconform uh use uh of the house because it's it was built prior to the zoning regulations being in place, and so therefore, although it's now illegal after uh not a non-conforming after 1958 or 1960, whenever the zoning regulations were put in place, it it's essentially grandfathered in, and that's why so yes, it's not legal but legal, if it makes sense.

Sort of pre-existed when it was made the lot was I guess that's legal, but after when they changed the.

After listening to the previous presenter, I'm looking at a foundation that is going to extend because of the placement of the house and the property line are not parallel, right?

They're more in this kind of fashion.

So by extending this, it goes deeper into the setback.

My question was what Mr.

W Williamson's had.

Why can't you push it up to keep it the westernmost point of that extension to keep it at the current 48 once it the house does get extended?

And he's saying from a design perspective, it isn't practical.

Knowing that side of the house, blended for lack of a better word, into the foundation is a side well of steps that goes into the backyard, which will probably have to be demolished.

Yes.

But should that reflect the integrity of the um foundation during demonstration of that, there were going to be a whole new bunch of issues for that.

One being the well pump.

You say it is within the bank.

We're gonna fill them well.

You are going to drill them in the well.

Yes, we're abandoning the old one.

Oh, I think I like that.

That way we can just so you know, so we can make it more compliant than 75 foot radius to a existing septic system.

Because right now it's not again.

It's like a pre pre existing non-conforming or something.

Um you stated that I I don't know numbers, the B101 thing, the septic passed.

Or it hasn't been tested yet.

No.

Only if it fails.

Only if it fails, you have to replace that.

That's it.

Once again, I'm what if in this situation to death.

If you're going to have that test done before any construction begins.

We don't have to do a test for it.

It has to fail first.

There's no test to do to say if your subject's good or not.

Yeah, we're we're kind of we're trying to get into the weeds on this with the subject.

Well, my my concern is everybody's insisting that this house is built in 1920.

Well, the placement and the specific question.

The septic, the city can handle it.

But the placement of this extension.

He he has to go by the city regulation.

The health department is gonna tell him what he has to do with the septic.

You can't come here discuss with him all night long.

If you have a specific question, we will answer for you.

We ought to answer or him, he can point it to you.

Okay.

Well then just based just based upon the previous presenter, the foundation was only six inches within the property line, but once the eaves and everything else, now we're a foot and a half.

Right.

Because the city told him that the house was on fire, they told them have to remove the process.

We're not talking about Mr.

Chairman, Mr.

Chairman, point of order.

We're we're discussing a uh application that was already discussed about it on the case.

You if you have a specific question for this, ask it and that's it.

So the the base boundaries are there, but not the finished measurements for the extension.

Yes, they are.

Yeah, I just I'll just clarify it again.

Go into the survey from RAF.

Okay.

That's where it goes from.

So that 44.5 that we're asking for.

They always put from the roof overhang.

Or 48 or 45.

That's what we're asking for.

We're gonna stay within that.

The number the number you hear, 45 and a half.

It is on the roof overhang.

Uh I I'm just Mr.

Chairman, if you if you let me please.

These site plants are submitted with the application.

And like the presenter mentioned, this is as as built.

So this is not pre-construction or during construction.

This is the numbers that we get that the house, when it's fully done and constructed and built, is going to look like on the property line.

So part of our process in this on this board is if we approve this, we we say the per plant submitted.

They have to adhere to the plan that they submitted to the zoning uh board.

So there's no further changes.

If there's other further changes within uh the stipulations of the the um approval, they have to come then before us again for another variance request.

So that 44.5 that you see there on the site plan, that is the house constructed, built, siding, roof, gutters, everything in place.

Well, then I guess I don't have a problem.

I am the person that's gonna be doing this edition and building it.

We actually do have foundation as well as it just seems improbable to me that a house that is built in 1939 that the septic is still good.

It's it it's again, unless it's failing, or just is just general.

This is not our jurisdiction.

We ask and he get the house department approved for him.

We only discuss here the setback line for this application.

But logically speaking, if this kind of major construction is going to fill, isn't it?

It seems that it's easier to ask for permission than to uh to ask for excuse me, an apology than it is to ask for permission.

That's all based on the circumstances and the applications that are presented against uh up in front of the board.

I'll I'll also explain further, although it's not necessary on our behalf to explain, but I'll explain.

We're just a small facet of the process that they're coming before us.

They have to still go through the zoning department, the building department, the health department to get all this construction uh built.

So we're just a small little piece of the of the puzzle uh and in this process.

They're coming just to ask for the uh permission to build uh within the setback lines, and after they leave here, they have a whole bunch of steps that they have to follow and go through the city of Danbury to get this built.

So this is just a little piece of it.

There is always if you build a new house, you need it to design the septic system for a number of the bedroom.

But if you have existing house, you have one time one lifetime addition to the septic system to the existing system.

You don't have to change it.

So you go to some engineer and they can approve that for you, the design, and you can do that.

Anyway, so are you happy now with your questions?

Any more questions?

Is that I have concerns, but they don't relate to this.

The concerns are not structural, but they do relate to the hospital devaluation of market property.

Well, the city regulation and the department of building, they they take care of all these things with him.

We can't do nothing.

Uh so you are now in uh position or you are uh where are you?

Within terms of destruction, can I um refrain from voting?

There is no vote.

It's just it's just my one uh uh anyone else in opposition.

You already talk in support, right?

I am support, but I would like to ask another question.

You already did.

Stop it.

You already did in support.

So we asking now for who is in opposition.

Nobody in opposition.

All right.

Can we close it and open it for voting?

Thank you, gentlemen, for your consideration.

You have no more questions, correct?

All right.

Well you can take a break.

Don't go too far.

I got a do the writing of the next week.

So Mr.

Chairman, I'd like to make a motion to close application 25-18, 215 Brushy Hill Road from public hearing.

Motion made by Mr.

Rivas.

Second.

Seconded by Mr.

Delusha.

All in favor.

Aye.

Aye.

Motion to open for discussion and voting.

Mr.

Chairman, I like to make a motion to open up application 25-18, 215 Brushy Hill Road for voting session and discussion within the board.

Second.

Motion made by Mr.

Rivas, seconded by Mr.

DeLusha.

All in favor?

Aye.

Okay, any discussion.

Everybody happy.

If no discussion, let's have a motion.

Okay.

Mr.

Chairman, I like to make a motion to approve application 25-18, 215 Brushy Hill Road, Shanley, Steve, Draper, Tim, agent.

RA's 80 zone, Section 4A3, reduce side yard setback from 50 feet to 44.5 feet for construction of proposed addition.

No, you can't talk no more now.

It's closed for the book.

Go ahead.

Okay.

We're okay.

My reasoning for uh approving the application.

The uh hardship is the result of a particular circumstance of the site and was not created by the applicant or the predecessor in title, being that it's a RA eighty zone with a minimum lot of 80,000 square feet.

The lot falls short of that.

It's the uh variance minimum necessary to uh allow reasonable use of the property.

Uh it will not affect the variance um and uh uh harmony, excuse me.

And harmony, uh general purpose and intent.

Oh, excuse me.

I take that back.

Take it back.

The variance will not affect um adversely affect the public health, safety, and welfare.

As per plan submitted.

Motion made by Mr.

Rivas.

Second, seconded by Mr.

Delusha.

All in favor.

All right.

I so approved.

Gentlemen, thank you for your get up early tomorrow morning.

What's that?

Get up early tomorrow.

Okay, now we uh 26-01 is continuous.

Mr.

Chairman, I'd like to make a motion to continue application 26-018 South Cornell Road until our next uh meeting.

Second favor, aye.

Aye.

Okay.

We uh there is no old business, non-will business.

None bylaws.

Are you guys want to discuss the uh bylaws and the voting situation now?

Or do you want to wait for you?

What to you guys if you want to wait till Tony I'm fine with voting on it now.

Yeah.

So we can leave it for the next time.

We have Tony in.

I'm fine with voting on it now.

I'm fine with it.

I'm fine with me.

Whatever.

Whatever you guys have any questions.

Yeah.

You guys have any questions in regards to the bylaws?

No.

Yeah, there's enough board members' presence to vote on the changes to the bylaws and approve them or deny them or modify them.

The bullet no um Mr.

Chairman, you can you can call for a vote on the bylaws, or you could say you wanted to wait.

I mean, it's up to you to call them up or check with your members and see if they're ready to vote on them or not.

I I would prefer to wait if I mean we have Tony because I I think in this case, Mr.

Chairman, you can push the vote down until Tony's here.

You have the authority, I do believe.

Okay, we will uh so we have to make a motion for that.

Um you can make a motion to table it.

Um, but if there is anything that you see that any of the red line changes that you want change or no, that's fine.

It's fine with me.

Uh for me.

So if anything that you wanted to change, um the biggest one was just for kind of explaining the officer elections, EIC and planning commission, elect officers every year.

Zoning commission elects officers every two years.

We're the only board that elects officers every three years.

Um it's been recommended that that either we switched to one or two.

I have one year here.

You guys are it's totally up to or you can leave it at three, but we're just looking for a little bit of consistency if you're giving it.

So it's up to me to do that, or do we have to have to vote?

I'll have to vote, but you guys can discuss so we can discuss it.

We maybe when we have five members.

Okay.

And I think to be fair to everyone.

To me, it doesn't matter.

Mr.

Chairman, to Melissa's point, though, if you guys have any comments on the changes that she made between now and the next vote worthy chair for the five member board, bring them to Melissa's attention so she can update any of the bylaw changes or questions you'd have.

So at the meeting, we'd be ready.

Okay.

Um has this been uh broug uh presented to corporation council?

My understanding is they do not because there's not anything that's being substantially changed.

Okay, all right.

I will obviously double.

I just want to make sure that we're we're in the clear.

Um there's actually some things that were carried over from zoning commission that will put in your error.

Um it actually says that you guys are elected.

Asking for election, but you're not allowed to send it.

So that's one of the things that I don't think we get the most definitely.

Okay.

So guys, why don't you have your do your homework, study the the bylaws?

I mean the key thing is the three, two, or one, right?

That's the biggest one.

Uh the other thing was one of the things you said if we have one meeting in December.

We have one meeting in November and December.

But we're never going to have a tax meeting in November.

It's always going to be a good question.

You can we can decide the election any time, or we have to wait till September, or how is that working now?

No, the uh the election.

Oh you guys can use it's already stated, I think in here.

Yeah, but it is stated in December again.

You can change that.

You can if you change this, you can choose to either wait to December to hold an election, or you can hold an election now.

It's the you guys.

Any time.

You guys can do it.

Okay.

You just have to I just request that you let me know if you want to hold an election, so I can put it on the agenda to make it a little bit quickly process.

So to make sure that we don't mess anything up for the meeting.

Is this a vote uh a topic that we need to vote on then to table or I would just make it?

If you have any change, any suggestion to change in something, you can.

If you want to make election every year, you can suggest that.

No, I I'm I'm I'm fine.

I'm fine with what was explained to me.

Um I want to know what we're gonna do tonight, if we're gonna vote on it or if we're gonna table it.

Don't I I think they say in we're gonna have to wait for five members, right?

No, it or no.

Mr.

Chairman.

Yeah, so that I just want to make sure that we're we got it right legally, if that we didn't, you know, just say we're gonna revisit it next month.

But it's your choice if we want to vote on it tonight or table it.

You can you can you know I I my idea is you guys read it everything, think about it.

I read it.

And next well, you got a new member there, right?

And we got Tony if he coming next time.

But I think at this point, maybe we just table it for next time.

We can all review it again and we'll have the full five members to the doesn't take too long.

Nobody's gonna Mr.

Mo Mr.

Chairman, I like to make a motion to table the bylaws uh revisions until our next monthly meeting.

Or next meeting.

Next meeting.

If we don't have five members, we'll vote on it and get it over.

Second it.

A second.

No.

All in favors?

Mr.

Chairman, I'd like to make a motion to adjourn.

Second.

Second.

Motion made by Mr.

Rivas, seconded by Mr.

Delusia.

All in favors?

Aye.

Aye.

Aye.

Oh no, it's okay.