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ZBA grants after‑the‑fact variance for small second‑story encroachment at 45 Brushy Ridge Road
Summary
The New Canaan Zoning Board of Appeals granted an after‑the‑fact variance for a 12.5‑square‑foot second‑story encroachment at 45 Brushy Ridge Road, citing the lot’s topography, shape and the small scale of the intrusion.
The New Canaan Zoning Board of Appeals voted to grant a variance allowing a small second‑story encroachment at 45 Brushy Ridge Road after construction revealed a discrepancy between the built roofline and the town’s second‑story setback line. The board framed its approval around the lot’s irregular shape, steep topography and wetlands constraints, and the limited size of the encroachment.
Applicant’s attorney David Ruchi told the board the permit package was prepared from a survey that did not show the second‑story setback line; the architect and builder proceeded based on those…
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