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ZBA approves variances to rebuild century‑old garden apartments on Moss Avenue
Summary
The Danbury Zoning Board approved companion variances for properties on Moss Avenue (applications for 16 and 18 Moss Ave) allowing reduced side-yard setbacks so Augusto Da Silva Enterprises LLC can rebuild garden-apartment buildings without increasing unit counts; the board emphasized shared driveway and easement recording.
The Danbury Zoning Board of Appeal on Jan. 9 approved a set of companion variances to permit rebuilding of two garden-apartment buildings on Moss Avenue for Augusto Da Silva Enterprises LLC.
Attorney Greg Braun Eisen told the board the properties contained century-old buildings that were demolished and will be rebuilt in a slightly altered but generally consistent footprint. He said there will be no net increase in the number of units (the rebuilt structures will match the preexisting unit counts) and that the proposal reduces lot coverage relative to the allowable maximum (he cited a coverage figure of about 19.4 percent). The attorney described the hardship as the preexisting nonconforming use on undersized lots in the RMF-4 zone.
The board opened both companion applications (treated separately because they are distinct parcels) and discussed shared access and mutual parking easements. One board member asked whether such easements should be recorded; the attorney confirmed they should be recorded through the city so the shared driveway and easement obligations remain with the properties.
The board then voted to approve the variances "per plan submitted": for one parcel (application 24-2316) the right-side setback was reduced from 20 feet to 13.9 feet and the left-side setback to 9.8 feet for renovation; for the companion parcel (application 24-2218) the right-side setback was reduced to 7.4 feet and the left-side setback to 3.8 feet to renovate the garden-apartment buildings. The approvals were recorded as consistent with the stated hardship and the existing preexisting nonconforming conditions.
Next steps: the applicants must record the mutual parking easement as discussed and proceed with the usual building and permitting reviews.
