Environmental Impact Commission

Posted in City of Danbury Town Clerk’s Office on March 14, 2024 at 10:38 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, February 28, 2024 7:00 p.m. ROLL CALL: Chairman Bernard Gallo called the meeting to order at 7:01 p.m.. Present by roll call: Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. Staff present was Melissa Llera, Secretary, and Larry Liebman, Environmental Compliance Inspector. Absent were Mary Cronin and Alex Wolk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mark Massoud ACCEPTANCE OF MINUTES: January 24, 2024 Motion to accept the minutes of January 24, 2024 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, Geoff Herald, and Bernard Gallo. Next regular meeting is scheduled for March 13, 2024. NEW BUSINESS: #1211 117 Boulevard Drive, Cavalcanti, Sergio R.; (D16023), RA-40 Zone, Legalization of previously built/ installed dock, deck, shed, and platform Sergio Cavalcanti, homeowner, was present to represent the application. Chairman Gallo asked Mr. Cavalcanti if he had three decks there. Mr. Cavalcanti said two have been recently removed, and he will be moving the shed as soon as possible too. Mr. Gallo informed the homeowner they are waiting to hear from the State because Lake Kenosia may be designated a EIC Minutes – February 28, 2024 Page 2 secondary reservoir. There is currently no swimming or motorized boating, but there could be more restrictions. They will hopefully have an answer by next meeting from the State, but they have to table it this time. Mr. Herald asks for clarification or more information. Mr. Gallo said he built the docks and things without a permit on Lake Kenosia, and now is looking to legalize it. Two years ago water was used from Lake Kenosia as a backup to the reservoir. The City is looking to the State to designate it as a backup reservoir. Mr. Massoud said Lake Kenosia was always a class B watershed and emergency drinking supply. Mr. Gallo said he heard something was in the works, so he called various departments to get more information. If the designation is made a lot of changes will be implemented. Motion to table No. 1211, 117 Boulevard Drive, until the next regularly scheduled meeting was made by Geoff Herald; seconded by Matthew Rose. All in favor with Ayes from Elizabeth Falk, Geoff Herald, Mark Massoud, Matthew Rose, and Bernard Gallo. OLD 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 informed the Commission that no updated plans have been received yet. Elizabeth Falk added that she believes the updated plans will not include the turn around in the wetlands area. Motion to table No. 1207, 39-41 Old Boston Post Rd, until the next regularly scheduled meeting was made by Matthew Rose; seconded by Geoff Herald. All in favor with Ayes from Elizabeth Falk, Geoff Herald, Mark Massoud, Matthew Rose, and Bernard Gallo. ______________________________________________________________________________ #1208 7A Brighton St, Katz, Jeffrey, Ralph Gallagher Jr., Agent; (I06077), RA-20 Zone, Construction of single-family dwelling, driveway, well and septic system Chairman Gallo informed the Commission that they are missing the survey still. Mr. Liebman said they need the survey, along with the property staked so a walk thru could be completed. Mr. Liebman will call Mr. Gallagher for an update. The deadline for a decision of the application is April 20th. Motion to table No. 1208, 7A Brighton St., until the next regularly scheduled meeting was made by Geoff Herald; seconded by Matthew Rose. All in favor with Ayes from Elizabeth Falk, Geoff Herald, Mark Massoud, Matthew Rose, and Bernard Gallo. ______________________________________________________________________________ VIOLATIONS 1. Halas, Barnum Road, Danbury, CT- Cease & Desist Chairman Gallo stated a letter/ agreement was drawn up to present to Halas, and the Commission had received a copy via email. He noted one correction in item #3 which they will have the word “fir” removed. Mr. Liebman agrees that just “evergreen trees” should be noted. EIC Minutes – February 28, 2024 Page 3 Chairman Gallo then pointed out that in item #6 they will not be allowing them to complete an application because that would provide five years to complete this. This agreement would force work to begin within 30 days. Ms. Falk points out what she feels is a formatting issue that the paragraph under item #6 is indented and appears to be a subitem. She believes it should be listed as item #7 (“All work to be performed will comply as closely as possible with the following requirements:”). Mr. Herald agrees this should be listed as item #7. Mr. Liebman feels later in the document where it states “A representative from the City’s Department of Public Utilities will monitor all work” should read “Representatives from the City’s Department of Public Utilities and EIC will monitor all work.” Mr. Herald agrees. Motion to approve the letter to be presented to Halas with changes noticed in the discussion was made by Geoff Herald; seconded by Mark Massoud. All in favor with Ayes from Elizabeth Falk, Geoff Herald, Mark Massoud, Matthew Rose, and Bernard Gallo. 2. 24 Barnum Road Violation Chairman Gallo informed the Commission they did an on-site. Mr. Liebman stated he got an email that a survey is being done. He has requested a copy of the survey, sketch by the soil scientist, and the remediation plan. Motion to table 24 Barnum violation until the next regularly scheduled meeting was made by Geoff Herald; seconded by Mark Massoud. All in favor with Ayes from Elizabeth Falk, Geoff Herald, Mark Massoud, Matthew Rose, and Bernard Gallo. OTHER MATTERS: None CORRESPONDENCE: None ADJOURNMENT: Motion to adjourn was made by Elizabeth Falk; seconded by Geoff Herald. All in favor with Ayes from Elizabeth Falk, Geoff Herald, Mark Massoud, Matthew Rose, and Bernard Gallo. Meeting adjourned at 7:17 p.m. Respectfully submitted, Melissa Llera Recording Secretary