Environmental Impact Commission

Posted in City of Danbury Town Clerk’s office on April 25, 2024 at 1:13 p.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, March 27, 2024 7:00 p.m. ROLL CALL: Chairman Bernard Gallo called the meeting to order at 7:02 p.m. Present by roll call: Elizabeth Falk, Alex Wolk Jr., and Geoff Herald. Alternate Alex Wolk Jr. was seated for Mark Massoud. Staff present was Melissa Llera, Secretary, and Larry Liebman, Environmental Compliance Inspector. Absent was Matthew Rose and Mark Massoud. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Chairman Gallo. ACCEPTANCE OF MINUTES: March 13, 2024 Motion to accept the minutes of March 13, 2024 as presented was made Elizabeth Falk; seconded by Alex Wolk Jr.. No remarks. All in favor with Ayes of those eligible to vote: Elizabeth Falk, Alex Wolk Jr., and Bernard Gallo. Next regular meeting is scheduled for April 10, 2024. NEW BUSINESS: #1212 20 Barnum Road, Mejia, Alejandro; (F06063), RA-40 Zone, Legalization of previously installed pool, grading and plantings Alejandro Mejia, homeowner, was present to represent the application. He states that he applied for a permit to install a pool, and was never told about the wetlands on his property. A few months later when the project was almost complete, an inspector visited his property, and informed him his pool was in the wetlands. He was then away for a few months in his home EIC Minutes – March 27, 2024 Page 2 country due to the passing of his mother, but submitted his application to the Commission when he returned. The pool and plantings have been completed now. Mr. Gallo then informed the applicant that on his original application for the pool he stated there were no wetlands on his property which is why it had gotten the approval. Since that was not the case, the Commission will require something extra for the wetlands. Mr. Liebman informed the Commission there was a septic incident on this property as well that was separate from the pool application, so he has been to the site multiple times. His recommendation would be an after-the-fact approval. He would recommend asking for more trees to serve as a solid demarcation feature for the wetlands. The wetlands on this property are actually part of the same wetland system as 24 Barnum Road. He feels removing the pool would harm the wetlands more. A planting plan would be a better solution. He also states on the record staff’s frustration on the length of time to receive the application, as it would have been beneficial to have it prior to project completion. Mr. Gallo agrees that a planting plan would be more reasonable than removing the pool. Mr. Mejia states the plantings are completed, including more new trees: 85 trees in the rear and 35 trees on each side. Mr. Liebman also informed the applicant that the Commission would like to see the pool fence shown on the plan to ensure that does not encroach on the wetlands as well. Mr. Mejia said he has a contract for the pool fence installation currently. Mr. Herald clarifies to the applicant that he should not do any other work on the property in regards to this project. The Commission would like a list of the plants that have been planted in the area, along with a copy of the contract for the pool fence. They need to ensure the plantings are acceptable in respect to the wetlands. Ms. Falk informs the applicant this is standard procedure for the Commission. The application will be tabled for this information, and staff will prepare a report. Mr. Herald requests staff prepare a report for the legalization of the unfortunate circumstance which should include recommendations for plantings, etc. Motion to table No. 1212, 20 Barnum Road, until the next regularly scheduled meeting pending a staff report with recommmendations for legalization was made by Geoff Herald; seconded by Elizabeth Falk. All in favor with Ayes from Elizabeth Falk, Alex Wolk Jr., Geoff Herald, and Bernard Gallo. #1213 262 Great Plain Road, Egret Investments, LLC; (J04197), RA-20 Zone, Construction of single-family dwelling, including installation of storm drainage, septic system, and grading Nicholas Yuschak of CCA, LLC, registered landscape architect, was present to represent the application. The applicant is Egret Investments LLC. Mr. Yuschak presented a color coded plan to the Commission on the easel for them to better visualize. Mr. Yuschak stated the property is 1.03 acres in the RA-20 Zone on Candlewood Lake. There is approx. 150 ft. of frontage to the lake. They are within 200 ft. of the lake, so they are subject to the upland review area. The property is wooded and slopes down to the lake. There are no wetlands or watercourses on the property. They are proposing a four bedroom, single family home with attached garage and additional parking. The basement has a walk out in the rear of the house. There are stairs in the back that lead to a lower level which then has a retaining wall before the next lower level. The home has roof leaders which go to an underground cultec system. That system has an overflow that daylights below and goes to a spreader to dissipate the storm water. The septic goes down hill to a tank, and then goes to the septic fields. There are erosion control EIC Minutes – March 27, 2024 Page 3 measures shown on the submitted plan as well. There will be no work below the 440 line which is where the property ends. The total area within the upland review is .43 acres. Mr. Liebman and Mr. Gallo both request the ability to perform a site walk prior to the next meeting, and to allow staff a better idea to prepare a report; Mr. Yuschak agrees. Motion to table No. 1213, 262 Great Plain Road, until the next regularly scheduled meeting pending a staff report was made by Geoff Herald; seconded by Elizabeth Falk. All in favor with Ayes from Elizabeth Falk, Alex Wolk Jr., Geoff Herald, and Bernard Gallo. OLD BUSINESS: #1211 117 Boulevard Drive, Cavalcanti, Sergio R.; (D16023), RA-40 Zone, Legalization of previously built/ installed dock, deck, shed, and platform Mr. Gallo informed the Commission that he, Ms. Falk and Mr. Liebman had gone on a site walk on March 27, 2024. The homeowner had tore down most of the deck that was attached to the house already. The shed, which is on someone else’s property, and the dock are still there. Mr. Herald questioned about the shed being on someone else’s property. Mr. Liebman stated the shed is on the association’s property, and the association is aware. Mr. Gallo said they haven’t received an answer regarding the dock, but he feels they should recommend the dock be removed. He also said that they were asked by the homeowner to leave the property during the site walk. Motion to table No. 1211, 117 Boulevard Drive, until the next regularly scheduled meeting was made by Elizabeth Falk; seconded by Geoff Herald. All in favor with Ayes from Elizabeth Falk, Alex Wolk Jr., Geoff Herald, 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 Mr. Gallo informed the Commission that many of them have been to the site. Mr. Liebman said there is one more meeting in regards to the time frame for the application. He has spoken with Ralph Gallagher, and told him the Commission would support an application for a variance to ZBA. He recommends that if Mr. Gallagher doesn’t withdrawn the application prior to the next meeting that the Commission deny the application without prejudice. Motion to table No. 1208, 7A Brighton St., until the next regularly scheduled meeting was made by Geoff Herald; seconded by Elizabeth Falk. All in favor with Ayes from Elizabeth Falk, Alex Wolk Jr., Geoff Herald, and Bernard Gallo. ______________________________________________________________________________ EIC Minutes – March 27, 2024 Page 4 VIOLATIONS 1. Halas, Barnum Road, Danbury, CT- Cease & Desist Mr. Gallo reminds the Commission that their last letter requested evergreen trees. Mr. Halas responded that the evergreen trees won’t survive in the location. Mr. Gallo feels the Commission should use the next two weeks prior to the next meeting to decide on suitable plants to request for Halas to plant or if they want a fence to be installed. Mr. Herald questions Mr. Halas’ logic in stating why the evergreen trees wouldn’t survive; does he feel it is the soil? Ms. Falk feels requesting evergreen trees gave him many options since they have removed “fir” from the verbiage. The evergreen trees would maintain the screening in the winter since they don’t drop their needles. Mr. Liebman recommends they request a tree indigenous to Connecitcut because then Mr. Halas couldn’t question the ability to survive. Mr. Gallo doesn’t believe Mr. Halas will find that acceptable since he has not been agreeable to this point. Ms. Falk states that if he feels trees will not survive then they should just request a fence be put up. Mr. Wolk agrees with the idea that they propose trees native to the area, and if that is not found acceptable by Mr. Halas then a fence must be installed. Ms. Falk would want a 6 ft. fence to help prevent them from easily dumping over the fence. Mr. Herald would like the idea of native plants over the fence to start. Ms. Falk feels they could present the option to plant indigenous plants of a certain height or a 6 ft. fence with no further negotiation. Mr. Gallo believes they should use the two weeks before the next meeting to come up with the specific plants, number of plantings and height that they want presented. This way there would not be room for further negotiations. The other Commission members are all in agreement that they need to be very specific in their request. Mr. Wolk asks what the completion time frame is; Mr. Gallo believes it must be started within 30 days. Mr. Herald also questions why the signs are being made by City of Danbury Public Works at the City’s expense when other properties have to remediate violations at their own expense. He would like the reasoning investigated prior to the next meeting as well. The Commission is in agreement that they will research plants they find acceptable that are native to the area and will provide screening prior to the next meeting. They will then present Halas with the planting option or option to install a fence. This will be their final presentation. Motion to table Halas, Barnum Road Cease & Desist, until the next regularly scheduled meeting while a final offer is formulated by the Commission was made by Geoff Herald; seconded by Elizabeth Falk. All in favor with Ayes from Elizabeth Falk, Alex Wolk Jr., Geoff Herald, and Bernard Gallo. 2. 24 Barnum Road Violation Mr. Liebman informed the Commission they are awaiting the remediation plan from the engineer now that the property was surveyed and staked. An email was received from Ann Morgan, the property owner, on March 27th stating she hopes to have the remediation plan from Dainius Virbickus for the next meeting. Ms. Falk states her concern that the email is very similar to the one received prior to the March 13th meeting. Mr. Gallo said they have completed some steps at their own expense, and is hopeful they will have the plan soon. EIC Minutes – March 27, 2024 Page 5 OTHER MATTERS: None CORRESPONDENCE: None ADJOURNMENT: Motion to adjourn was made by Geoff Herald; seconded by Elizabeth Falk. All in favor with Ayes from Elizabeth Falk, Alex Wolk Jr., Geoff Herald, and Bernard Gallo. Meeting adjourned at 7:36 p.m. Respectfully submitted, Melissa Llera Recording Secretary