Danbury Zoning Board of Appeals Meeting – March 8, 2026

The Danbury Zoning Board of Appeals met on March 8, 2026, via Zoom to hear applications for variances and to adopt bylaws revisions. The meeting was chaired by Joe Hannah. Four applications were heard: 26-01 (8 South Cornell Road), 26-02 (24 Hillendale Road), 26-03 (73 & 75 Osborne Street), and 26-04 (12 Sage Road). Key themes included legalizing unpermitted construction, addressing neighbor concerns, and determining whether statutory hardship existed.

Consent Calendar

• Minutes: The board unanimously approved the minutes from January 22, 2026.
• Next Regular Meeting: Scheduled for March 12, 2026.

Public Comments & Testimony

• Application 26-01 (8 South Cornell Road): Arthur and Linda Stock (10 South Cornell Road) spoke in opposition. They cited loss of privacy (a natural hedge was removed), a retaining wall that encroaches on their property and is a safety hazard (a fawn fell in; they worry a child could), and concern that the new deck is only a step away from their driveway, creating a liability. They requested that the hedge be replaced and the wall be finished/raised for safety.
• Application 26-02 (24 Hillendale Road): A letter of support (text message) from abutter Robert Baron was noted, confirming he was satisfied after the applicant removed a wall that had previously encroached slightly onto his property.
• Application 26-03 (73 & 75 Osborne Street): Two letters of opposition from John Hancock and Jill Hancock of the adjacent property were read. They raised concerns about grading on their property, removal of plantings, liability, drainage, and insurance. They stated they had not yet agreed to any grading changes. The applicant's engineer acknowledged the communication gap and said he would meet with the neighbors.
• Application 26-04 (12 Sage Road): No public opposition was voiced. Letters of no objection from neighbors were submitted but not read aloud.

Discussion Items

• Application 26-01 (8 South Cornell Road): Applicant Myra Solano explained that a contractor they hired began work without all required permits and performed extensive unpermitted additions (cape-to-two-story conversion, decks, retaining walls). The city's Deputy Director Tim Razatti confirmed a cease-and-desist order was issued in October 2024 after a complaint. Five variances are sought to legalize the construction: reduce southern yard setback from 15 ft to 3.6 ft; reduce northern front yard setback from 30 ft to 24.8 ft; reduce southern yard setback (for deck) from 15 ft to 1 ft; reduce eastern yard setback from 15 ft to 8.7 ft; and allow grading within 5 ft of property line. Board members expressed difficulty identifying a valid hardship (the contractor's actions were not a zoning hardship). After discussion, the application was tabled for continuation to allow the applicant to submit a revised plan moving retaining walls and fences onto her property.
• Application 26-02 (24 Hillendale Road): Engineer Ralph Gallagher presented for the applicant, seeking variances to allow grading within 5 ft of the property line and to increase driveway grade from 12% to 15.7%. He cited constraints: a very small, steep lot, required wetland setback, high groundwater requiring walls, and the city's taking of part of the property for road right-of-way. A previous encroachment (wall touching neighbor's wall) had been removed. No public opposition. The board found the hardship justified and unanimously approved.
• Application 26-03 (73 & 75 Osborne Street): Engineer Mike Mazoupa presented for applicant Carlos Galman, seeking variances to allow grading within 5 ft of the property line and (implicitly) a small increase in front yard grade for a new driveway providing four parking spaces. The existing tandem driveway on Osbourne Street was deemed a safety hazard. The neighbor, Mr. Hancock, was present and wanted site clarification. The board voted to table the application to allow the engineer and applicant to meet with the neighbor and address concerns.
• Application 26-04 (12 Sage Road): Architect Edita Dai presented for David and Dina Berkman, seeking variances to reduce the west side setback from 15 ft to 12 ft and the rear setback from 35 ft to 18.4 ft for a two-story addition (basement, beach cabana, primary bedroom, office) on a sub-size RA20 lot. The existing house already encroaches. No public opposition. The board found the hardship (undersized lot, non-conforming existing house) valid and unanimously approved.
• Bylaws Revisions: Administrator Melissa presented proposed changes to the ZBA by-laws: remove obsolete section 3B (relates to elected commission); change officer elections from every three years to annual voice vote in December; delete reference to administering oaths; clarify that only one meeting is held in November; and change "listening to an available recording" to "reviewing" to cover both audio and video. The board unanimously adopted the revisions as presented.

Key Outcomes

• Application 26-01 (8 South Cornell Road): Tabled for continuation to allow applicant to submit a revised site plan showing retaining walls and decks moved onto her property and addressing neighbor concerns (privacy fence, drainage). The public hearing remains open.
• Application 26-02 (24 Hillendale Road): Approved unanimously (5-0). Variances granted for grading within 5 ft of property line and driveway grade up to 15.7%, incidental to legalizing walls and driveway.
• Application 26-03 (73 & 75 Osborne Street): Tabled for continuation to allow applicant to meet with adjacent property owners and address concerns. Next board meeting: March 12, 2026.
• Application 26-04 (12 Sage Road): Approved unanimously (5-0). Variances granted to reduce west side setback to 12 ft and rear setback to 18.4 ft for a two-story addition.
• Bylaws Revisions: Adopted unanimously (5-0). Changes to officer elections, meeting schedule, and voting procedure take effect immediately.