Environmental Impact Commission

Posted in City of Danbury Town Clerk’s Office on June 27, 2024 at 11:07 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, June 12, 2024 7:00 p.m. ROLL CALL: Vice Chair Matthew Rose called the meeting to order at 7:02 p.m. Present by roll call: Geoff Herald, John Schwartz, Alex Wolk, Elizabeth Falk, and Mark Massoud. Staff present was Melissa Llera, Secretary, and Larry Liebman, Environmental Compliance Inspector. Vice Chair Matthew Rose seated Alternate Alex Wolk for Cristina Britton. A moment of silence was performed to honor Chairman Bernard Gallo after his recent passing. Mr. Rose then shared with the Commission the details of funeral services for Mr. Gallo. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Geoff Herald. ACCEPTANCE OF MINUTES: May 22, 2024 Motion to accept the minutes of May 22, 2024 as presented was made Mark Massoud; seconded by Geoff Herald. No remarks. All in favor with Ayes of those eligible to vote: Geoff Herald, John Schwartz, Elizabeth Falk, Mark Massoud, and Matthew Rose. Next regular meeting is scheduled for June 26, 2024. EIC Minutes – June 12, 2024 Page 2 NEW BUSINESS: #1215 1&3 Pembroke Rd, 3775 LLC, Benjamin V. Doto III, P.E., Agent; (G08029, G08030, G08098), RA-20 Zone, Construction of a 9 unit, single-family residential development, along with a pool house, sports court and site improvements Benjamin Doto was present to represent the application for 3775 LLC. It is a 5.1 acre site in the RA-20 zone on the east side of Pembroke Road. The site used to have a dog kennel and retail building. They are looking to build a cluster development on the one lot. The project also has to go to the Planning Commission. The site itself has wetlands on the eastern edge which were flagged by Jim McManus. There is a watercourse on the neighbor’s property to the north which runs toward the site, but then enters a culvert which runs across Pembroke Road to the watercourse behind The Cue. There are no activities proposed in the 100 ft. upland review area of the on-site wetlands, but there are activities within the 100 ft. of the brook. The cluster development would have nine single family homes. There would be a private driveway, open space area, swimming pool, sidewalks, and landscaping. They will also be improving the sight lines on the road by reducing the grade by the roadway, giving a permanent easement, closing the two current curb cuts and placing a new driveway as far north as they can. They will have a detention basin designed for the 25-year storm but able to accommodate the 100-year storm, along with swales and a water quality unit. There is also a landscape plan in place. The alternative would be a traditional subdivision, but there would be more safety concerns. Currently if you visited the site you would see that the old dog kennel, which had been damaged in a fire, has since been demolished. Mr. Herald asked how high the wall on the eastern end of the property would be. Mr. Doto responded that it is a rock cut, and is about 40 ft. high at that point. The driveway grade would be about 5%. The rock cut will have a catchment swale at the base. The property goes up, levels off, and then drops off to the east toward the Amber Room’s property. Mr. Herald asks about the chances of finding a water source underground during the excavation process. Mr. Doto said they are working with a geotechnical engineer for the rock cut, and the possibility of water is why they would be installing a swale. Mr. Herald asks for confirmation that they would be closing the current two curb cuts and installing a driveway. Mr. Doto confirms that the current steep driveway by the intersection with Padanarm, along with the 150 ft. curb cut to the parking lot, will be closed. A new private driveway will be installed. Mr. Herald asked if the line of sight improvements would affect the current culverts. Mr. Doto said the two current culverts will be remain in place. They will be putting a new catch basin top on one of them. They will be taking the detention flow and eventually tying it into the culvert after it has gone through the on-site systems. They analyzed the water flow at three points, and at every point the water flow on the property would be reduced with their proposed plans. The culverts would not have a problem handling the water flow. Ms. Falk asked if the homes would have basements. Mr. Doto responded they would all be on slab. Ms. Falk questions how the water would be diverted around the homes. Mr. Doto states that a grading plan was provided. There will be catch basins throughout the courtyard area and pool which will discharge to a swale. The swales are about 10-12 ft. wide and 3 ft. deep. The site will be graded toward the swales and detention system. Mr. Schwartz asked if the culvert would function as an overflow for the detention basis; Mr. Doto confirmed. EIC Minutes – June 12, 2024 Page 3 Mr. Massoud asked Mr. Doto to summarize his regulated activities and also to clarify where the detention basin will discharge. Mr. Doto explained that the detention basin will go to a catch basin in front of the site which is technically the State DOT drainage system, and then goes to the town system across the road and into the Padanaram Brook. They are not in the Padanaram water shed. They are not doing any activity within 100 ft. of the on-site wetlands on the east end of site. All activities they are doing are within the 100 ft. of the watercourse on the neighbor’s property. However, they are down hill from it, so their activities wouldn’t affect it. In the 100 ft. upland review area they are putting in the driveway and part of two houses. They are not impacting the watercourse at all directly. They are crossing the culvert which is crossed daily via the roadway. Upland area altered is about 4-4 ½ acres. There is no disturbance of wetlands, streams or water bodies. Mr. Doto restates that they will be in front of the Planning Commission for the cluster development. The individuals will own the houses like a condo association, and then an association will own the rest of the property. About 50% of the property will be left as open space: useable and unuseable. For a cluster development in the RA-20 Zone you need a minimum of 5 acres, and they have slightly more than that. They are allowed nine houses per the regulations. They will be served by city sewer and water which is a requirement. Both services are right in front of the property, so they just need an extension into the site. Mr. Liebman asked Mr. Doto if they could stake the pool, corners of the structures, and center line of the drive prior to a site walk by the Commission. Mr. Doto confirms that will be done. Motion to table No. 1215, 1&3 Pembroke Road, until the next regularly scheduled meeting was made by Geoff Herald; seconded by Mark Massoud. All in favor with Ayes: Geoff Herald, John Schwartz, Alex Wolk, Elizabeth Falk, Mark Massoud, and Matthew Rose. Mr. Doto offers his condolences to the Commission regarding the passing of Bernard Gallo. Mr. Herald requests the Pledge of Allegiance is performed at this time as it was previously skipped on the agenda earlier. Mr. Herald led the Pledge of Allegiance. ______________________________________________________________________________ #1216 145 Middle River Rd, DeBellis, Nicholas; (C10054), RA-40 Zone, Construction of a single family dwelling with related driveway, septic system and well Steve Sullivan from CCA was present to represent this application and the one for 147 Middle River Road. 145 & 147 are the last two lots of the Middle River subdivision which was approved in 2012. His client wants to build a home for himself on this lot. This lot is 2.4 acres. There is a narrow corridor of wetlands on the southern part and some on the east in the open space area of the subdivision. There is .29 acre of wetland disturbance and 457 sq. ft. of disturbance for proposed driveway. The driveway location is the same as the originally proposed one with the subdivision. The property is currently staked for the driveway, house and septic system. The property is wooded as well. In the original subdivision, houses were proposed to discharge to rain gardens and galleries. They will be following that with two rain gardens on the north and two galleries on the south. Ms. Falk asks how the rain gardens will discharge. Mr. Sullivan responds that they will overflow into the wooded, open space area which contains wetlands. Ms. Falk expresses EIC Minutes – June 12, 2024 Page 4 concern over this plan with the roof debris discharging into wetlands. Mr. Sullivan states that there was not enough impervious surface for a detention system, but there is quite a bit of distance between the rain gardens and wetlands. Motion to table No. 1216, 145 Middle River Road, until the next regularly scheduled meeting was made by Mark Massoud; seconded by Elizabeth Falk. All in favor with Ayes: Geoff Herald, John Schwartz, Alex Wolk, Elizabeth Falk, Mark Massoud, and Matthew Rose. ______________________________________________________________________________ #1217 147 Middle River Rd, DeBellis, Nicholas; (C10053), RA-40 Zone, Construction of a single family dwelling with related driveway, septic system and well Steve Sullivan from CCA was present to represent application. This property is just north of 145 Middle River Road. This house is closer to Middle River Road. The lot is 2.2 acres with .14 acres of activity in the upland review area. There is no wetland disturbance. There is a septic system south of the proposed house. The house is in the same location as the original subdivision, but the shape has changed. They also staked out this property. The roof drains for this house would go to a rain garden in the northwest of the property. Mr. Herald asked if the properties were heavily wooded; Mr. Sullivan confirmed. Mr. Herald also asked if each house would have its own standard driveway; Mr. Sullivan confirmed. Mr. Schwartz asked if the stream in the area of 145 & 147 would be affected or diverted with the addition of rip rap; Mr. Sullivan said it would not be. Motion to table No. 1217, 147 Middle River Road, until the next regularly scheduled meeting was made by Geoff Herald; seconded by Mark Massoud. All in favor with Ayes: Geoff Herald, John Schwartz, Alex Wolk, Elizabeth Falk, Mark Massoud, and Matthew Rose OLD BUSINESS: None VIOLATIONS 1. Halas, Barnum Road, Danbury, CT- Cease & Desist Motion to table Halas, Barnum Road- Cease & Desist until the next regularly scheduled meeting was made by Geoff Herald; seconded by Elizabeth Falk All in favor with Ayes: Geoff Herald, John Schwartz, Alex Wolk, Elizabeth Falk, Mark Massoud, and Matthew Rose 2. 24 Barnum Road Violation Mr. Liebman informed the Commission that Artel Engineering has acknowledged receipt of his report and will be submitting revised plans to reflect the changes requested. Motion to table 24 Barnum Road Violation until the next regularly scheduled meeting was made by Geoff Herald; seconded by Mark Massoud. All in favor with Ayes: Geoff Herald, John Schwartz, Alex Wolk, Elizabeth Falk, Mark Massoud, and Matthew Rose OTHER MATTERS: EIC Minutes – June 12, 2024 Page 5 Geoff Herald made a statement of rememberance for Chairman Bernard Gallo due to his recent passing. He acknowledged his service to the community in various roles including volunteer firefighter for over 60 years and Chairman of EIC. CORRESPONDENCE: None ADJOURNMENT: Motion to adjourn was made by Mark Massoud; seconded by Elizabeth Falk. All in favor with Ayes: Geoff Herald, John Schwartz, Alex Wolk, Elizabeth Falk, Mark Massoud, and Matthew Rose. Meeting adjourned at 7:37 p.m. Respectfully submitted, Melissa Llera Recording Secretary