ZBA grants after‑the‑fact variance for small second‑story encroachment at 45 Brushy Ridge Road

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 plans. Architect Carlos Diaz and homeowner Gavin Parker described the work as a modest second‑floor addition to add one bedroom; Parker said the family sought the extra room because “we were having our third child, so we wanted the extra bedroom for the baby that was coming.”

Staff and several board members noted the application was an after‑the‑fact request: the second story was largely complete when the omission was discovered. Town staff said the homeowner and agent cooperated with follow‑up steps, including considering a lot‑line adjustment and grade changes; staff also noted that raising grade sufficiently to remove the encroachment would have required substantial fill and additional regulatory approvals.

Debate centered on whether the small 12.5‑square‑foot triangular encroachment and the building’s midpoint roof height (reported in the record at about 31.8 feet) frustrated the regulation’s intent — originally enacted in smaller zones to prevent “looming” on adjacent properties. Several members said the particular location is heavily screened by trees and not visible to neighbors, that the lot’s constraints made alternatives impracticable, and that the request was limited in scope. One member noted the homeowner had acted cooperatively since receiving notice and that enforcement typically allows time for corrective efforts when applicants work with staff.

Board member Jessica Carden moved to grant the variance, amending the motion to note the proposal was consistent with the regulation’s intent; the motion was seconded and passed by recorded vote in open session. The board recorded the vote and closed the matter. The record shows the town did not pursue fine enforcement while the applicant worked with staff and pursued the variance process.