Environmental Impact Commission

Posted in City of Danbury Town Clerk’s Office on May 23, 2024 at 10:03 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, May 8, 2024 7:00 p.m. ROLL CALL: Chairman Bernard Gallo called the meeting to order at 7:03 p.m. Present by roll call: Geoff Herald, Elizabeth Falk, Mark Massoud, and Matthew Rose. Staff present was Melissa Llera, Secretary, and Larry Liebman, Environmental Compliance Inspector. Chairman Gallo welcomed a newly appointed member, John Schwartz, who was present in the audience. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Chairman Gallo. ACCEPTANCE OF MINUTES: April 24, 2024 Motion to accept the minutes of April 24, 2024 as presented was made Matthew Rose; seconded by Elizabeth Falk. No remarks. All in favor with Ayes of those eligible to vote: Geoff Herald, Elizabeth Falk, Mark Massoud, Matthew Rose, and Bernard Gallo. Next regular meeting is scheduled for May 22, 2024. NEW BUSINESS: #1214 15 Barnum Road, Cedar Gable Preschool; (G06021), RA-40 Zone, Site improvements including proposed parking, septic gallery relocation, new stormwater gallery, retaining walls and grading Nick Yuschak of CCA, LLC in Brookfield, CT, registered landscape architect, was present to represent the application. The property is a 1.22 acre lot in the RA-40 zone. There is EIC Minutes – May 8, 2024 Page 2 an existing well in the front, and the rear has a gazebo and various play equipment for the daycare. The property slopes to the southeast. At the bottom of the property is a small wetland flagged by JMM Consultants comprised of .016 acres. The project has .17 acres of disturbance area in the upland review area. The building on the property is currently a preschool in the basement and a residence on the 1st floor. They are proposing to expand the preschool to the 1st floor. There would be 20 parking spaces on the property- 19 regular and 1 handicap. The refuse area is also noted on the plan. In regards to the septic system(s) on the site, part would remain, part would be relocated, and part would be added on to. A stormwater management system would be in place, including a catch basin in the far east corner which would discharge underground to an H20 loaded Cultec recharger. The overflow would go to a pipe at the bottom of the hill which will lead to a rip-rap scour hole. All the grading required would be filling which includes about 388 cubic yards of fill. The grading would be 2 to 1, and erosion controls would be put in place. The topsoil stockpile area would also be protected by silt fence. Mr. Liebman asks how the Cultec would be inspected and/ or maintained. Mr. Yuschak stated that Steven Sullivan from CCA, LLC designed the system so it could be inspected and maintained. Mr. Herald asked how long the project would take from start to finish. Doug Kennedy, co-owner of Cedar Gables Preschool, stated they anticipate approx. 90 days. Mr. Liebman expressed the desire to do a site walk next week, so a report could possibly be prepared for the next meeting. Mr. Herald asked if the student count would increase with the expansion. Mr. Kennedy replied that it would go from 37 students to 71 students. Mr. Herald acknowledges the big need for daycare in the City. Ms. Falk asks how they would handle any existing invasive species during the work. Mr. Yuschak said they would be removed, and is open to a stipulation in the report regarding proper removal. Ms. Falk also noted the increase in impervious surface due to the increase in parking, and asked if there is any way additional vegetation could be added to off-set this. Mr. Yuschak said they are saving a maple tree, providing a landscape island, and using restoration mix on the slopes. Mr. Liebman asked if they would be planting any shrubs; Mr. Yuschak said it is not on the present plan. Ms. Falk said they would like to see more added than just seeding. Mr. Massoud comments that he would like the maintenance schedule documents in the stormwater management plan; Mr. Yuschak agreed. Mr. Massoud also stated he is not happy with the current location of the dumpster, and asked if there would be an alternative. Mr. Kennedy responds that they are open to suggestions. They are trying to find a balance between the length the staff needs to walk, and not having the odor of the dumpster near the school or where the parents enter. Mr. Herald asks about access for the garbage truck in the current location. Mr. Kennedy said at their other school they pick-up at 3 a.m., so he would expect the same and the parking area would be empty at that time. Mr. Gallo informs the applicant they would like to do a site walk next week. They may require two site walks dependent on the amount of Commissioners that would like to take part. Motion to table No. 1214, 15 Barnum Road, until the next regularly scheduled meeting to allow for a site walk and staff report was made by Geoff Herald; seconded by Matthew Rose. All in favor with Ayes from Geoff Herald, Elizabeth Falk, Mark Massoud, Matthew Rose, and Bernard Gallo. EIC Minutes – May 8, 2024 Page 3 OLD BUSINESS: #1211 117 Boulevard Drive, Cavalcanti, Sergio R.; (D16023), RA-40 Zone, Legalization of previously built/ installed dock, deck, shed, and platform Mr. Liebman informed the Commission he will be providing a staff report for the next meeting which will exclude the dock. They are still awaiting information from the State regarding the designation of Lake Kenosia. The applicant has disassembled and removed all the decks closest to the water. They could revisit the docks once the determination is made by the State. He told him to currently leave the dock there because it has been there for a long time. The issue of the shed on the property is a zoning issue, and does not involve the Commission. Mr. Herald asks about the length the application has been before them. Mr. Liebman informs them that the applicant has already granted the required extension. Mr. Gallo said if the State does make Lake Kenosia a secondary water supply then all docks would need to be removed. Motion to table No. 1211, 117 Boulevard Drive, until the next regularly scheduled meeting for staff report was made by Geoff Herald; seconded by Elizabeth Falk. All in favor with Ayes from Geoff Herald, Elizabeth Falk, Mark Massoud, Matthew Rose, and Bernard Gallo. VIOLATIONS 1. Halas, Barnum Road, Danbury, CT- Cease & Desist Mr. Gallo said they had received some feedback regarding the letter from Halas’ attorney. The letter was very similar to the one sent initially regarding this. Halas would like the term “property line” inserted in place of “150 ft.” when referencing the tree line. Mr. Gallo requested a measurement be done to determine the length of the property line. Halas has also requested to have signs every 30 ft. versus the requested 20 ft. in the EIC letter. Motion to table Halas, Barnum Road Cease & Desist, until the next regularly scheduled meeting was made by Elizabeth Falk; seconded by Geoff Herald. All in favor with Ayes from Geoff Herald, Elizabeth Falk, Mark Massoud, Matthew Rose, and Bernard Gallo. 2. 24 Barnum Road Violation Dainius Virbickus of Artel Engineering was present to represent the remediation plan for the property on behalf of Mormack LLC. Mr. Virbickus was presented with photos by Chairman Gallo showing that material was brought to the site this week, and questioned how this affects the plan being presented. Mr. Virbickus said the material doesn’t appear to be in the wetland area being restored, but does agree it needs to be removed until the site restoration is complete. Mr. Virbickus said that since the last meeting he was in front of the Commission there has been some progess. Jim McManus had an excavator dig down to allow him to check the soils. He then identified the wetlands boundaries prior to the work that had taken place over the past months. A land surveyor then field located the delineation lines and silt fence on the property. Most of the work on the property has been on the east side of the wetlands lines, but there are some areas with boulders, logs and wood chips beyond the silt fence. They intende to remove EIC Minutes – May 8, 2024 Page 4 the logs, boulders and wood chips. They also have a robust planting plan in place to reestablish the wetlands and their function prior to the filling. They are also proposing boulders about 10 ft. from the wetland line to act as a buffer demarcation, and this is shown on the submitted remediation plan. Ms. Falk comments that the planting plan looked great. She asked about the plan if any invasive species or weeds were encountered. Mr. Virbickus said they would be properly removed. Mr. Herald asked about the timeline of completion for this project. Mr. Virbickus is hesitant to commit due to equipment availability, etc., but states the project will be completed with a sense of urgency. Mr. Liebman states that a project of this magnitude could take up to 4 months realistically. He would actually prefer it is done in the summer/ August because it would be beneficial for the wetlands. He would like a phasing plan provided on how they intend to proceed with the project. Mr. Liebman would also like to see a revised plan with more plantings in the removal area, along with an area shown they would be stockpiling the material as it was removed. In addition, he requests an environmental monitor be present during the work to provide progress reports to staff and the Commission during the project. This would help ensure the proper amount was removed from the filled area during the process. Mr. Virbickus acknowledges the requests. He states he can submit a revised plan in about a week based on the feedback from the Commission on the current plan. He also commits to having staff from Artel monitor the project and report back as requested. Motion to table 24 Barnum Road Violation until the next regularly scheduled meeting for revised remediation plan was made by Geoff Herald; seconded by Matthew Rose. All in favor with Ayes from Geoff Herald, Elizabeth Falk, Mark Massoud, Matthew Rose, and Bernard Gallo. OTHER MATTERS: None CORRESPONDENCE: None ADJOURNMENT: Motion to adjourn was made by Matthew Rose; seconded by Elizabeth Falk. All in favor with Ayes from Geoff Herald, Elizabeth Falk, Mark Massoud, Matthew Rose, and Bernard Gallo. Meeting adjourned at 7:45 p.m. Respectfully submitted, Melissa Llera Recording Secretary