Environmental Impact Commission

Posted in City of Danbury Town Clerk’s Office on January 11, 2024 at 11:05 a.m. CITY OF DANBURY 155 DEER HILL AVENUE DANBURY, CONNECTICUT 06810 ENVIRONMENTAL IMPACT COMMISSION (203) 797-4525 www.danbury-ct.gov (203) 797-4586 (FAX) REGULAR MEETING ENVIRONMENTAL IMPACT COMMISSION MINUTES CITY HALL – 155 DEER HILL AVENUE City Council Chambers Wednesday, December 13, 2023 7:00 p.m. ROLL CALL: Chairman Bernard Gallo called the meeting to order at 7:08 p.m.. Present by roll call: Elizabeth Falk, Alex Wolk Jr., Mary Cronin, Geoff Herald, and Mark Massoud. Staff present was Melissa Llera, Secretary, and Larry Liebman, Environmental Compliance Inspector. Absent was Matthew Rose. Chairman Gallo seated alternate Alex Wolk Jr. in place of the seat vacated by Tom Giegler for the voting purposes. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Geoff Herald. ACCEPTANCE OF MINUTES: November 8, 2023 Motion to accept the minutes of November 8, 2023 as presented was made by Geoff Herald; seconded by Elizabeth Falk. No remarks. All in favor with Ayes of those eligible to vote: Elizabeth Falk, Alex Wolk Jr., Geoff Herald, and Bernard Gallo. Next regular meeting is scheduled for January 10, 2024. EIC Minutes – December 13, 2023 Page 2 NEW BUSINESS: #1207 39-41 Old Boston Post Rd, Lake Waubeeka Association; (H23056), RA-80 Zone, Relocation of retaining wall and gates, demolition of gatehouse, and reconfiguration of driveway and turn around Chairman Gallo asked if anyone was present to represent the application. No one was present. Motion to table No. 1207, as no one was present, until the next regularly scheduled meeting was made by Geoff Herald; seconded by Mary Cronin. All in favor with Ayes from Elizabeth Falk, Alex Wolk Jr., Mary Cronin, Geoff Herald, and Mark Massoud. ______________________________________________________________________________ #1208 7A Brighton St, Katz, Jeffrey, Ralph Gallagher Jr., Agent; (I06077), RA-20 Zone, Construction of single-family dwelling, driveway, well and septic system Ralph Gallagher, licensed professional engineer, was present to represent the applicant Jeffrey Katz for 7A Brighton St. They have a small lot and are proposing a modest sized house that would meet the minimum setbacks. The land slopes toward the west and rear to the wetlands on the property. The plan just misses the edge of the wetlands, but won’t encroach on them. Mr. Gallagher does recommend the commission members walk the site to see what they are up against. Mr. Gallagher said that Mr. Katz states he has five lots in the rear of this parcel that have been/ could be combined to make a larger parcel with a possible conservation easement (so they aren’t disturbed or built-on in the future). In addition, the applicant could apply for a variance from ZBA to be able to move the house forward on the property more which would provide more room in the rear by the wetlands. Mr. Gallagher stated that the Health Department is good with the plans, as there is not much grading. They are working with the slope of the property to have a walk out basement and driveway on the right hand side. They need 26”-30” of septic fill in the rear. They would then put a fence to mark the edge of the wetlands to prevent future encroachments. Mr. Gallo asked about the septic being close to the wetlands. Mr. Gallagher said yes, but the soil is good. They had soil testing done, and have 20” to 28”. The reserve area had 18” which is borderline but acceptable. Mr. Gallo asked if Health was alright with this. Mr. Gallagher said they were. Mr. Gallo requested a site walk. Geoff Herald asked if footing drains are not required according to code since it depicts on plan there won’t be some in areas. Mr. Gallagher said they are not required. However, you would not have them in the garage area or walk out basement area anyway. There will be waterproofing in areas on the left side, along with footing drains in the front of the home. Footing drains are required to be 25 ft. away from the leeching system, so they couldn’t have them in the back. Mark Massoud asked if Mr. Gallagher had a report for the soil testing. Mr. Gallagher said that the testing was done by Henry Muller, and it may have only been flagged and no report. Mr. Gallagher did check his file during the meeting, and confirmed that he does not have a report. He offered to call Jim McManus to have it redone since the original was done in 1993 by Henry Muller and surveyed by Mr. Rapp. EIC Minutes – December 13, 2023 Page 3 Mr. Herald asks when the lots were combined. Mr. Gallagher doesn’t know when or if they have been combined. He stated according to the owner Mr. Katz that there are five lots behind this property to be combined, but Mr. Gallagher doesn’t have a combined map. Mr. Herald asks if there is proof that the lots have legally been combined. Mr. Gallagher says that he doesn’t have that. Mr. Massoud recommend the wetlands be reflagged and resurveyed. The Board agrees this should be done prior to them doing a site walk. Mr. Gallagher is in agreement, and will inform staff once it has been completed. Larry Liebman asks about the feasibility of moving the septic to one of the other lots. Mr. Gallagher said that the other lots are all wetlands, so he doesn’t believe there is another place. Motion to table No. 1208 pending more information and reports until the next regularly scheduled meeting was made by Geoff Herald; seconded by Mary Cronin. All in favor with Ayes from Elizabeth Falk, Alex Wolk Jr., Mary Cronin, Geoff Herald, and Mark Massoud. ______________________________________________________________________________ #1052R 5 Great Pasture Rd., 5 Great Pasture, LLC, Artel Engineering, Agent; (L15002), IL-40 Zone, Installation of sewer line on underside of bridge Dainius Virbickas from Artel Engineering was present to represent the applicant. He stated that they received wetlands approval in 2017, and were making changes to the plan. A plan was displayed for the Board. The site plan includes two large industrial buildings with parking in the center. It is located at the intersection of Shelter Rock Lane near the soccer dome. The original proposal to install the sewer main had the pipe go across the south side of Great Pasture, under the Sympaug Brook, and back up to ultimately connect to a sanitary manhole on the north side of Great Pasture. After revisions to the plan, the Engineering Department determined that the sanitary sewer line needed to be installed differently. The site improvements are complete: the buildings are up, the storm water system is installed, the parking is paved and striped, a water hydrant is in, and the water service is in. However, there is no certificate of occupancy yet. Mr. Virbickas went on to detail the new plan for the sanitary sewer main. The pipe would run along the shoulder of Great Pasture, come up to grade at the bridge, get strapped to the underside of the bridge, dive back down on the opposite side, and tie into the same sanitary manhole as originally planned. It would involve sawcutting the asphalt, and installing a 3” pipe about 42” below grade. The excavation is shallow which will allow for controlled work in terms of erosion, etc. Geoff Herald asked what the timeline for the installation to be completed from when excavation was started would be. Mr. Virbickas said it is about 400 ft., and would expect about a week. Mr. Herald asked if this was an unusual installation from what is typically done. Mr. Virbickas said it is a low pressure system because no gravity sewer system is available in the area. There is a sewer forced main that services Bethel, along with gas, electric and water service, so the ability to get a gravity line wasn’t an option. The system would involve pumps and pump chambers to pump the sewage to the sanitary manhole. Mr. Herald notices a cap on the plan at the end of the property, and asks if this is for future expansion. Mr. Virbickas states there are 5-7 more parcels in the area without sewer access, so it is for possible future expansion. Mark Massoud states that strapping the pipe to the bridge seems to be less impact on wetlands, and asks to confirm that this the major change to the original plan. Mr. Virbickas EIC Minutes – December 13, 2023 Page 4 states that this is just a means to get the pipe to the other side. He also states that both options are in the regulated area, but neither result in the loss of any wetlands. He also clarifies that this work is being done on the north side of the brook because the bridge on the south side already has gas service strapped to its underside. Larry Liebman asks if there are tenants in the buildings currently. Mr. Virbickas confirms there are. Mr. Liebman asks how they are getting sewer now. Mr. Virbickas said that the sewage is going to holding tanks, which will eventually serve as the pump chambers. Mr. Herald asks if Health Department is alright with the plan. Mr. Liebman states that they are awaiting a report and final review from the Engineering Department as the plans submitted currently state 95% completion. His recommendation is to wait for Engineering’s blessing. Motion to table No. 1052R for the next regulary scheduled meeting was made by Geoff Herald; seconded by Mark Massoud. All in favor with Ayes from Elizabeth Falk, Alex Wolk Jr., Mary Cronin, Geoff Herald, and Mark Massoud. VIOLATIONS 1. Halas, Barnum Road, Danbury, CT- Cease & Desist Chairman Gallo informed the board that there has been no updates since last meeting, so it will be tabled until next meeting. 2. 24 Barnum Road Violation Dainius Virbickas was present to represent Mormack LLC. He was hired by the property owner to correct a violation on the property. They did not have a survey map, so they provided mapping off GIS which is indictive of the current conditions on site. The brownish areas depicted on the map are where work was conducted next to the wetlands. He said that staff requested erosion controls to prevent more material from entering the watlands or water on the west edge of the property. He received an email from the client last week, and it stated that the erosion controls were in place and inspected by staff. Mr. Liebman did confirm the inspection of the erosion controls. He also stated that staff had requested a soil scientist to show where the wetland line actually is. Mr. Virbickus said they have spoken with Mr. McManus who confirmed he will be doing a preliminary walk thru on Friday. Mr. McManus stated he may need to bring an excavator to the site to see what is under the fill that was placed. Mr. Gallo stated he has been out several times, and they just keep filling. He does not feel this is something they can just let go. Mr. Herald requested a site walk of the property. Motion to table 24 Barnum Road until next regularly scheduled meeting was made by Geoff Herald; seconded by Mary Cronin. All in favor with Ayes from Elizabeth Falk, Alex Wolk Jr., Mary Cronin, Geoff Herald, and Mark Massoud. EIC Minutes – December 13, 2023 Page 5 OTHER MATTERS: Elections Geoff Herald nominated Bernard Gallo to serve as Chairman, seconded by Mark Massoud. All in favor with Ayes from Elizabeth Falk, Alex Wolk Jr., Mary Cronin, Geoff Herald, and Mark Massoud. Mark Massoud nominated Matthew Rose to serve as Vice Chair, seconded by Geoff Herald. All in favor with Ayes from Elizabeth Falk, Alex Wolk Jr., Mary Cronin, Geoff Herald, Mark Massoud, and Bernard Gallo. Geoff Herald nominated Mark Massoud to serve as Secretary, seconded by Alex Wolk Jr.. All in favor with Ayes from Elizabeth Falk, Alex Wolk Jr., Mary Cronin, Geoff Herald, and Bernard Gallo. No other nominations. Geoff Herald made a motion to close nominations; seconded by Mary Cronin. All in favor with Ayes from Elizabeth Falk, Alex Wolk Jr., Mary Cronin, Geoff Herald, and Mark Massoud. CORRESPONDENCE: 2024 Schedule of Meetings Mary Cronin made a motion to adopt the 2024 Schedule of Meetings; seconded by Mark Massoud. All in favor with Ayes from Elizabeth Falk, Alex Wolk Jr., Mary Cronin, Geoff Herald, and Mark Massoud. ADJOURNMENT: Motion to adjourn was made by Mark Massoud; seconded by Geoff Herald. All in favor with Ayes from Elizabeth Falk, Alex Wolk Jr., Mary Cronin, Geoff Herald, and Mark Massoud. Meeting adjourned at 7:40 p.m. Respectfully submitted, Melissa Llera Recording Secretary