Environmental Impact Commission

Posted in City of Danbury Town Clerk’s office on October 10, 2024 at 11:38 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, September 25, 2024 7:00 p.m. ROLL CALL: Chairman Matthew Rose called the meeting to order at 7:01 p.m. Present by roll call: Gary Dufel, Michael Flanagan, John Schwartz, Elizabeth Falk, and Mark Massoud. Staff present was Melissa Llera, Secretary, and Larry Liebman, Environmental Compliance Inspector. Chairman Matthew Rose seated alternate Gary Dufel for Cristina Britton. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mark Massoud. ACCEPTANCE OF MINUTES: September 11, 2024 Motion to accept the minutes of September 11, 2024 as presented was made Elizabeth Falk; seconded by Mark Massoud. No remarks. All in favor with Ayes of those eligible to vote: Gary Dufel, John Schwartz, Elizabeth Falk, Mark Massoud, and Matthew Rose. Next regular meeting is scheduled for October 9, 2024. NEW BUSINESS: #1221 84 Forty Acre Mountain Road, Baskind, Scott, Roxbury Pools & Patio, Agent, (K02022), RA-20 Zone, Installation of gunite semi-above ground spa Kyle Willis from Roxbury Pools & Patio was present to represent the application. They are looking to install a semi-above ground gunite spa next to the foundation under the spiral staircase on the bluestone patio elevation. The finished plunge pool/ spa will be approx. 7’x10’. EIC Minutes – September 25, 2024 Page 2 Mr. Rose asks Mr. Liebman if he has reviewed this application yet. Mr. Liebman said he has visited the site. He will need an erosion and sedimentation control plan, along with information on getting materials in and machine access from the applicant. He recommends the Commission perform a site walk. No further questions about the application. Chairman Rose informs the applicant the application will be tabled and the Commission will perform a site visit. Motion to table No. 1221, 84 Forty Acre Mountain Road, was made by Mark Massoud; seconded by Elizabeth Falk. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Elizabeth Falk, Mark Massoud, and Matthew Rose. ___________________________________________________________________________ #1222 Country Ridge Road, Lariccia, Tania & Philip, Mazzucco, Michael J., P.C., Agent, (K08115 & K08172), RA-40 Zone, Construction of single family dwelling, septic, well, drainage systems and utilities Mike Mazzucco was present to represent the application. There are two vacant lots totaling 4.8 acres. One of the lots is the accessway. The lots will be combined. The wetlands on the property were flagged by Jim McManus (and highlighted in blue on the map). They are proposing a house and septic on the property. The grade is fairly steep coming off the road, so they turned the driveway to run parallel to the wetlands where the property levels off a little. There will be some filling as they work to get better grades for the driveway. The driveway will cross at the narrowest location of the wetlands. They did look at the driveway going straight but it would be a longer wetland crossing. The wetlands are good quality and there are some intermittent channels in the area if the driveway went straight, so they felt the proposed option was much better. There is not a lot of grading going on once you get into the property; most is at the bend as the driveway goes up from the road. They have stormwater management in place, including a silt trap for during construction to protect the wetlands. The driveway will sheet flow in the flatter area. There is a gravel blanket by the driveway to allow the seep to continue after the construction of the driveway. Mr. Mazzucco doesn’t foresee any groundwater issues. The wetlands to the west are part of a larger watershed, and lead to a discharge on another property. They provided details on the driveway crossing and stormwater management. There is a 15” pipe under the driveway crossing to allow the flow to continue unimpeded. The total wetlands on the property is about 2.5 acres, and almost all of the property is within the regulated area. The area of disturbance is about .8 acres with about 1,100 sq. ft. of direct impact. He will have the property staked as well. They are also open to do mitigation plantings where they are working close to the wetlands. Mr. Rose asked if the Cultec system is for the roof drains. Mr. Mazzucco said the rear system is for the roof drains, and there is a second for the steep part of the driveway. Mr. Dufel wonders if the subdivision was completed today, if this area would have been designated open space due to the amount of wetlands. He asks Mr. Mazzucco if there is anything in the original subdivision approval that would be important to know about this lot. Mr. Mazzucco said he will check into that. He adds the owners live on the adjacent lot, and had acquired these parcels awhile ago. The maintenance has become too much, so they are looking to develop it. Mr. Dufel notes the steep driveway, and asks what the storm water system was designed for; the 25-year storm? Mr. Mazzucco said the system is designed to store the water EIC Minutes – September 25, 2024 Page 3 without discharge, but the soils are great so there will be infiltration as well. The majority of the storm events will be infiltrated. Mr. Massoud notices that the wetlands are mostly intact on the property even with the property surrounded by previous development. He would like a broader wetland analysis, so the Commission and the homeowner can better understand the functions and value of the wetlands. He also notices in the soils report there was a variety of landscape species on the property; Mr. Mazzucco replied that most of invasive species are along the driveway borderline. Mr. Massoud would like to review a mitigation plan for the areas of disturbance. Jim McManus would weigh in and probably drive the proposed plan according to Mazzucco. Mr. Massoud also questions if the small septic system is based on the quality of soils. Mr. Mazzucco said the size of the septic system is based on the number of bedrooms. If there is not a restrictive layer or ledge then the system can be put in the ground without a fill package which is the case here. Mr. Massoud adds that he would like wetland boundaries or barriers to clearly delinate the wetlands in the future. Mr. Mazzucco asks if the Commission has a preference. Mr. Rose suggests a split rail fence. Mr. Massoud said there are placards, fences, fieldstones; he would like something that is not easily moved. Mr. Massoud then requests the house, septic location, and limits of disturbance be staked for a site walk. Mr. Mazzucco said he intended on the center line of the driveway and corners of the house. Mr. Massoud said he would like the limits of disturbance as it will be useful for the sedimentation controls and during construction. Mr. Mazzucco said they will stake the sediment fence before they begin construction. Mr. Massoud would also propose a bond to be requested by the Commission to hold for any mitigation matters that may arise. Ms. Falk saw the satellite view of the property which shows a heavily wooded area. She wonders if they will be marking the trees that will be removed. Mr. Mazzucco clarifies there are a lot of trees, but there is also a lot of undergrowth that could be deceiving on the satellite view. They will be limiting the number of trees that will be removed. Ms. Falk asks if there is a plan for lawn or keeping the property wooded; Mr. Mazzucco said most would be remain natural. Mr. Liebman requests the definitive construction limit and demarcation feature be added to the plan. The demarcation feature could be a variety of things, and the applicant would have to determine what would be used. He also expresses his concerns over the wetland crossing, and whether it will be deemed a significant activity by the Commission after the site walk. They will also need a plan for the removal of any invasive species. The construction limit line being added will help with future enforcement. He notes that if the owners will want a pool or something similar, they would have to come back to the Commission unless it is added now to the plans. Mr. Mazzucco clarifies that he was hired to do a feasibility plan. The owners are looking to sell the property, so the future owners may need to come back. Mr. Liebman also requests a wetland analysis, including a functional analysis. He then notes to the Commission that Mr. Mazzucco may not be present at the October 9th meeting; Mr. Mazzucco confirms he will not be available. Motion to table No. 1222, Country Ridge Road, was made by Mark Massoud; seconded by Elizabeth Falk. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Elizabeth Falk, Mark Massoud, and Matthew Rose. OLD BUSINESS: None APPLICATION FOR ADMINISTRATIVE APPROVAL: None EIC Minutes – September 25, 2024 Page 4 ADMINISTRATIVE STAFF ACTIONS: None VIOLATIONS: 1. Halas, Barnum Road, Danbury, CT- Cease & Desist Chairman Matthew Rose informs the Commission this is still being worked on and an update will be available soon. Motion to table Halas, Barnum Road- Cease & Desist until the next regularly scheduled meeting was made by Elizabeth Falk; seconded by John Schwartz. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Elizabeth Falk, Mark Massoud, and Matthew Rose. OTHER MATTERS: None CORRESPONDENCE: None ADJOURNMENT: Motion to adjourn was made by Mark Massoud; seconded by Elizabeth Falk. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Elizabeth Falk, Mark Massoud, and Matthew Rose. Meeting adjourned at 7:31 p.m. Respectfully submitted, Melissa Llera Recording Secretary