Good evening, everyone.

Welcome to the City of Danbury Zoning Board of Appeals meeting held here today tonight at City Hall 155 Deer Hill Avenue in the City Council Chambers.

Thursday, July 9th, 7 p.m.

My name is Juan Reeves, the chairman of the board.

I'm gonna start off with roll call.

Keegan Williamson.

Present.

Peter Delusha.

Present.

Jacob Williams?

Present.

And Barry Rickard.

Present.

Do I have a motion from the board to accept the meeting minutes of May 28th, 2026?

I make a motion to accept the minutes from May 28th, 2026.

Do I have a second?

Second.

All in favor, signify by saying yay.

Yes.

Yay.

Any opposed?

No.

Meeting minutes passes uh unanimously.

The uh next regular meeting is scheduled for July 23rd, 2026.

Do I have a motion from the board to open the uh applications present on the agenda for tonight's hearing for public session?

I make a motion to open public hearing for application 26-10, 65 Sandpitch Road and 26-11, 9 Bronson Road, also known as 2 Baxter Drive, and continue public hearing for application 26 09 70 New Town Road.

Second oh, sorry.

Second it all in favor, signify signify by saying uh yay.

Yay.

All right.

If I can have the applicant for application 26-10 present themselves to the board, if you can just please sign your name and uh state your name and address for the record.

I'm Douglas McLaughlin.

Uh my personal address or business address.

Uh 31 Newtown Road.

I'm sorry, that's 31 PEX Lane, Newtown, Connecticut.

What's that?

Uh good evening.

I am Doug McLaughlin.

I am with ELC Energy Solutions.

Thank you for hearing us tonight.

As our application indicates, we are asking for a variance on zoning section 8C3B1, which requires at least one tree of a certain diameter to be planted on each parking lot island.

There are eight islands in this parking lot at the site, and each island has two um uh Bradford pear trees.

The growth of these trees will significantly impact the production of the solar arrays and present a potential safety risk when growing underneath and around the solar arrays and car ports.

There's also a fire code that requires a 10-foot clear and clear perimeter around the airway arrays to mitigate the risk of associated and unwanted growth too close to the structure and panels.

In order to satisfy all codes, we are proposing to remove both trees from four of the islands, and we can significantly trim and prune two other islands to maintain a safe and clear perimeter.

With this plan, we will maintain eight Bradford pear trees on four of the parking lot islands.

So I will we will not we will not maintain a tree on each island.

We will still maintain proper quantities of trees for the entire parking area and its islands.

We can also plant some ground cover on those islands that have no tree the trees completely removed to maintain some organic growth and aesthetic.

That is our request.

Are there any questions?

Um just one uh on the islands.

Can you repeat again?

You say you're gonna uh we're on four of the islands.

We're going to remove the trees completely, the ones that are right up around the arrays, and on uh the other islands, we're gonna maintain too.

So there will be there's eight islands, there will be a total of eight trees, but uh four of those islands will have them completely removed.

Okay, and what are you gonna fill it with gravel or something?

Oh, shrubbery.

We have uh we were gonna use some uh juniper shrubs, bungalow, uh packassandra, things like that to on those islands that will have no trees on them.

Nice, okay.

Through the chair real quick.

Um just about speed.

This was in front of you, obviously, for the height of the arrays earlier.

We don't get a lot of these arrays in, so when we approve the array, we didn't catch the tree requirement, and obviously, like Doug was saying, having shade above a uh solar panel is not the best idea, but the fire marshal also came in and said, hey, they're too close, so we're back into you guys just to get the tree part removed.

We are gonna try to work that into our regulations to make sure that maybe the Twee requirement could be something to the amount feasible added to the regs.

So that's why we're back in front of you because the trees were overlooked when we asked for your first variance.

We we missed it.

Uh I have a question.

Uh on number six, you show you removing both trees.

Is that there within the 10 feet just because it looks on this plan like it's in line with five and four where it's just trimming and six is right in line with that with that part right there.

Right to the right of that carport.

Is that six?

Is that the one you're asking me about?

I I'm asking, yeah, just because if you're able to trim and prune on four and five just from the plan I'm looking at, but six has to be cut.

Is is there something different about six from five and four?

I can't honestly answer that question.

Uh, can I can I email that back to you?

Our design engineer could not make it tonight, so I'm uh I don't want to give a false answer.

Okay.

Uh through this chair real quick.

We did discuss, um, I was discussing with the original applicant about what could be pruned and what needed to be cut.

The their last dish effort was to cut.

So they were trying to prune around it.

I just think the the fire marshal's radius hit the trunk.

I think that's where it is.

And that's and that's the reason why Keegan.

But yeah, good question.

Thank you.

Yeah, that was that was kind of what my question was.

Thank you.

Any further questions from the board?

All right.

See no further questions from the board.

Do I have a motion to close the application from public hearing?

I make a motion to close public hearing for application number 26-10, 65 San Pit Road.

Second.

Huh?

Oh.

Uh if you can just hold off on the motion.

I was corrected by Keegan.

Uh which is a first before anyone.

Is there anybody from the public that's in support of this application?

Is there anybody in support of this application?

Is there anybody in support of this application?

Is there anybody against this application?

Is there anybody against this application?

Is there anybody against this application?

All right.

Now from the board, if do I have a motion to close the application from public hearing?

I make a motion to close the public hearing for application number 26-10, 65 sand pit road.

Second.

All right.

I have a motion and a second.

All in favor, signify for saying yay.

Yay, yay.

Yay.

All right.

Thank you very much for your consideration.

Is there a motion?

We're not done yet.

I'm sorry.

I don't understand the procedure.

Is there a motion to open application 26-10 for voting session and discussion?

Motion to open application number 26-10.

65 sandpit road for voting session and discussion.

All right.

Do I have a second?

All right.

All in favor, signify percent.

Yay.

Yay.

All right.

All right, gentlemen.

I'll try your minds.

Any discussion?

Are we ready to vote?

I'm ready to vote.

All right.

Up to you guys.

Just chairing.

Just chairing the board.

I'll make a uh motion to approve number 26-10, 65 sandpit road.

Romanis, Nathan, K11149, IL-40 zone, uh section eight C 3B1, eliminate landscape requirement of parking island trees for installation of solar array carport.

Um the variance is the minimum necessary to allow reasonable use of the property and will not adversely affect public health, safety, and welfare.

Is that as per plan submitted?

All right.

All right, we have a motion and a second.

All in favor signify by saying aye.

Aye.

All right.

Any nays?

All right.

Pass this.

Do I have a motion to open application 26 desk 11 for a public hearing?

Oh we all yes, correct.

If I can have the applicant, please present themselves to the podium.

If you can write down your name, state your name for the record and address.

Just making sure this is Nine Bronson, right?

Yes.

Okay.

Just want to make sure.

I don't want to represent.

This is Alex Bellina.

I'm with Doyle Coffin Architecture.

Um representing the uh Bonastales, the owners of the property.

Um I believe everybody has the chance to walk the site or get to see the site before they I did at least.

Okay.

So the house, the existing house is a 830 square foot house uh located on a pretty small lot in the uh Aqua Vista neighborhood.

Um they currently have a small uh 300 square foot uh one car detached garage to the rear.

What they'd like to do is expand the house.

Um the intent was to connect to the garage and then build over the top with a family room, but the garage is slightly angled and tilted, and it is also structurally unsound to build a second floor over.

So what we'd like to do is propose a 600 take down 300 and 300 square foot single single fan uh sorry, single car garage, and then build back a 640 square foot uh addition on the existing house.

We're maintaining the one and a half story roof line uh and massing of the existing house.

Um we have letters of um support from the two neighbors that are most uh closely impacted to this.

Um I'm requesting a variance for a rear yard because the existing garage was detached, it was allowed to be closer to the property line than a ex uh than an attached garage or the actual main residence.

Um so I'm requesting the rear yard be pulled back to 20.1 feet, which holds the back line of the existing garage.

We're getting we're not getting any closer, and it increases the maximum building coverage for to 20.7 percent.

Um and if you went out to the site, you'll notice there was a um paver uh walkway or a patio between the garage and the house.

And I have a photo if that if anybody needs uh to recall that.

So we're kind of building out over something that was already impervious.

I have a question, uh couple questions.

Um just to clarify, you're not increasing the footprint of the garage.

We are we're not getting any closer.

Sorry, all that.

So the the garage is the piece that is highlighted in red here.

So we are we are increasing the footprint because we are connecting the two.

Okay.

So the garage is I believe 305 square feet in footprint.

The addition is 640 square feet.

The house is 800 and something.

So what is the square footage of the current garage now?

305 square feet.

All right.

I have a question.

Um, so you're gonna be extending the coverage to 20.7 and from where from uh 20 percent 15.8.

50 point.

I was gonna say I thought 20.

It's kind of small enough.

Yeah, no, no.

Push a limit of how much I can get.

Okay.

Okay.

Any other questions from the board?

This this will be a full enclosed garage with uh living space above it.

Correct.

Yes, so the first four we're maintaining a one call garage, and we're creating like a one connector bedroom.

It's just an open playroom.

Open with a uh shed uh form.

And then off the back, so the existing house is just this cable back and down, and then the existing garage is right here.

So we're really just pulling out this actually properly and connect with that.

I know the lot's tight now, but uh I'll ask uh is there any future plans of adding to this as it is now?

Is I have I told them this is it?

This is kind of the last each effort for this this property, it's really maxed out after this.

All right, and then my last question can you state the hardship as to why it's a legally non-conforming lot that is undersized for the zone, and the position of the house means that I have to put the garage and the connector where it is.

Any other questions from the board?

Uh yes, a question on the space above the garage at your building.

And you say it's going to be designated as a playroom?

Playroom.

Not a bedroom?

Not a bedroom.

Will it be a windows?

Yes.

Thank you.

That's it.

Any other questions from the board?

All right.

Seeing none.

Is there anybody else in favor of this application?

Anybody else in favor of this application?

Anyone else in favor of this application?

Is there anybody in opposition of this application?

Is there anybody in opposition of this application?

Anyone in opposition of this application?

Do I have a motion from the board to close this application from public hearing?

I make a motion to close public hearing for application number 26-11, 9 Bronson Road, also known as two box to drive.

All right.

All right, I have a motion and second.

All in favor signify saying aye.

Aye.

All right.

Do I have a motion to open application 26-11 for voting session and discussion?

Motion to open application number 26-11, 9, Bronson Road, aka two Baxter Drive for voting session and discussion.

All right.

Got a motion in a second.

All in favor, signify signify by saying aye.

Aye.

Aye.

Any nays?

No.

Okay.

All right, gentlemen, the floor is yours.

Any discussion?

Not I'll try your minds.

On a vote.

Any questions?

Anybody?

Okay.

I make a motion to approve 26-119 Bronson Road, aka two Baxter Drive, Bornie Stalli, Jeffrey, and Laura, Belina, Alex.

Agent 105093 RA20 zone, Section 4A-3 increase maximum building coverage from 20% to 20.7% and reduce rear back setback from 35 feet to 21 20.1 for construction of audition.

And the variance is this variance will not adversely affect public health, safety, and welfare.

Is that uh motion as per plan submitted?

As as per plan submitted.

All right.

We have a motion and a second.

All in favor, say uh signify by saying aye.

Aye.

Aye.

All right.

Motion passes unanimously.

Thank you.

not adversely affect public health safety and welfare is that uh motion as per plan submitted as as per plan submitted all right we have a all right we have a motion and a second all in favor say uh signify by saying aye aye aye all right motion passes unanimously if i can have the applicant for application 26 09 they can just sign your name address and state your name and address for the record uh good evening my name is russ hasman I'm from National Sign Corporation located at 7804 Rod Road in Berlin Connecticut uh this evening I'm here with Joe Singhari from Shopright Singhari Family Markets on this that we're representing uh we're representing him uh in this variance application um this is a continuance uh from when I presented to you on May 28th um via Zoom and there was some a number of questions and comments regarding our application uh to uh to seek relief from uh from the a uh sections 8e 5b as in boy and sections 8e 6 d as in David uh with respect to the flashing uh flashing regulations uh it was brought to my attention in that may 28th hearing that two of the board members um had visited mr sangari's other uh other store on padnarum and uh which of which a variance was granted in in 2018 which also had um a provision for two and a half minute uh message hold and it was observed uh the day of that of that hearing that the message hold was about 15 seconds um uh candidly it caught me by surprise uh and after the after we asked to have the the meeting continued I reached out to Mr.

Singhari that evening and advised him that we were not adhering to what we had agreed to in the past and that was my that was rectified the next day um and the message was changed to three minute hold and the reason for that is is the software limitations in 2018 you can only change you can you can change the message hold from zero to sixty seconds but you can only do it in one minute increments after that so because the the requirement was two and a half minutes we went to three and I actually stopped there on my way here today and uh and and the the whole time is currently at three minutes which which it will remain unless we can upgrade the software that would allow us to be able to change it in two and a half minutes but right now the software does not allow us to do that.

It has it it due to its limitations with respect to the new store uh as as you may know uh Mr.

Singhari is renovating the former stop and shop uh and uh and part of that part of that renovation is to um we're going to be provide building a new pylon sign for him which includes a message center uh and we are seeking your approval uh to uh to be able to change that message in two and a half minutes the new software will allow us to do a two and a half minute hold uh and also want to address the question that came up at the last hearing does the software have the ability to be able to be locked out uh only to certain users and the answer to that question is yes I talked to the manufacturer the next day and we do have the software can be locked out with administrative passwords to make sure that nobody can change the time without somebody uh you know Mr.

Singhari or somebody one of his authorized users to do that.

So I wanted to just address that as well.

And I'm happy to take any other questions that you may have or if you have any questions for Mr.

Singhari.

The other thing I wanted to add in uh Mr.

Singhari did submit an uh an apology letter uh to you I believe Melissa I believe that went out correct to the board okay um there was he did is uh he did issue a letter um uh shortly shortly thereafter and um so I I told Mr Zageri that I thought it went out so if if I misspoke I I apologize for that um but he is here to answer any questions that you may have regarding uh our commitment to to agreeing to do what we what we what you what you specify questions from the board any questions from the board just to um reiterate our previous meeting when we were talking about the times uh the times and securing the times I would require um if this was passed affidavits from the owners to make sure that they're gonna comply now with the ZBA's request regarding the timing and also that the uh both stores would be kind of lining up I think for the same timing that we were talking about earlier but an affidavit would be required to make sure that everybody knows that the time is uh is taken seriously

Any questions from the board just to um reiterate our previous meeting when we were talking about the times uh the times and securing the times I would require um if this was passed affidavits from the owners to make sure that they're gonna comply now with the ZBA's request regarding the timing and also that the uh both stores would be kind of lining up, I think, for the same timing that we were talking about earlier, but an affidavit would be required to make sure that everybody knows that the time is uh is taken seriously.

Is that something that uh yes?

I mean it if it you know we're we're uh as I mentioned.

Um I've had a conversation with Mr.

Singhari and whatever whatever we we we are committed to, but uh you know we were committing to doing what we agreed to do.

So and if that and if and if uh Mr.

Hardy you know needs an affidavit to that regard, you know, and I think the conversation came up in the last meeting.

You know, he doesn't want to be put in a position where he's has to be police the activity.

Um, and we won't we won't we don't want to give him a reason to have to be in that position.

Okay.

Any other questions from the board?

Would Mr.

Singhari will say a few words?

So I wasn't planning on it.

Should I read this letter?

Did no did anybody get this letter?

No, I just made some notes on it.

Should I read it?

I mean, or I I could just paraphrase it.

So the generation before me was involved in uh in Danbury was about 10 years ago, I guess.

And um I was a parent, I grew up in the parishable side of the business, so the last 15 years I've taken over facilities, so it's technically my fault.

You know, all this happened.

I've never really did anything with digital science before.

I will say that you know, we've been in business two more years, gonna be a hundred years.

Thirte stores in all our communities, we try to do the best customer service.

It's not easy, but you know, we work at it.

These I will say the cities.

We've this is our tenth remodel, and it's a lot of work, a lot of money, a lot of interaction with city halls, and over the years I'm in charge of the inspector's fire health and building or any, you know, making sure everything's proper.

Uh we everybody we do everything right, you know, and we try to do everything right after all those years.

Uh so we, you know, after Russ came back from the last meeting, and we said, listen, I'll fix whatever we have to fix.

And and I'll do anything you guys and ladies tell me to do.

So uh that's basically it.

I I did have a letter that went out explaining some of that.

Uh and I just paraphrased the letter.

So well, I could certainly get a copy to you because I just made some notes on it.

But um that's that's the story.

Thank you for coming in tonight, Mr.

Singhari.

I did not get your full name and address for the record, please.

Uh Joe Singhari, 13 Rawls V Road, Stanford, Connecticut.

Thank you.

And I certainly appreciate you coming in tonight and having to explain this.

Um it is something which we certainly take seriously, and it's uh obvious to me that you are taking this seriously as you came up here tonight to speak with us.

So my only real question was to make sure who you are, which I know now and then uh turn this back over to the chair.

All right.

I'll ask the board again.

Any other questions before we continue here?

I just want to statement thank you for coming and explaining everything, Mr.

Singhari.

I haven't been to too many zoning meetings.

Thank you guys for volunteering.

I mean, I do we do a lot of community service, and you know I know it's not easy.

You know, everybody works hard, and then you gotta keep going, you know.

So thank you.

All right.

We have no further questions.

Uh is there anybody in favor of this application?

Anybody in favor of this application?

Anyone in favor of this application?

Is there anybody in opposition of this application?

Anyone in opposition of this application?

Anybody in opposition to this application?

I'll try the board's mind.

Uh close this uh application from public hearing motion to close public hearing for application number uh 26-09 70 Newtown Road.

I have a motion.

Do I have a second?

Second, second by Mr.

Williams.

Uh all in favor signify by saying aye.

Aye.

Aye.

All right.

Do I have a motion to open application 26-09 for voting session and discussion?

Motion to open application number 26-09 70 Newtown Road for voting session and discussion.

All right.

I have a second.

All right.

All in favor signify signify by saying aye.

Aye.

Aye.

All right.

All right, gentlemen, the floor is yours.

Any discussion?

If not, I'll try your minds for a vote or a motion.

Go ahead, Ms.

Mr.

Rickard.

Question to Mr.

Haredy.

Does this uh go in line with other uh occupancies in town that have signs that uh have two and a half minute intervals?

I would love that this burden would be passed from the ZBA and the zoning regulations can be updated to deal with the flashing signs, and that I think is the intention of the city.

Uh to that point, we do have some of the larger stores do have a uh a flashing sign, they say a transitional sign or a message changing sign.

We call it flashing here in the city.

So there are about six signs, you know, stews, you know the cities, you know Carlucchi's, um so there are a number of them, and usually these large box stores are the ones requesting them.

Thank you.

Okay.

I make a motion to approve 26-0970 Newtown Road, National Sign Corp, Roy Darcy, agent uh 120026, CG20 zone, section AE5B and E8E6D to permit illuminated sign to change content at intervals of no less than 2.5 minutes for plan submitted.

All right, I have a motion.

Do I have a second?

I second it.

All right.

All in favor signify signify by saying aye.

Aye.

Aye.

All right.

Motion passes unanimously.

Thank you very much.

All right.

There's no old business, no new business, no correspondence, no other matters.

Do I try your minds on a motion to adjourn?

I make that motion.

I got a motion.

I got a second.

All in favor signify by saying aye.

Aye.

Aye.

All right.

Thank you.