Environmental Impact Commission

Posted in City of Danbury Town Clerk’s office on October 24, 2024 at 9:36 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, October 9, 2024 7:00 p.m. ROLL CALL: Chairman Matthew Rose called the meeting to order at 7:00 p.m. Present by roll call: Michael Flanagan, John Schwartz, and Elizabeth Falk. Staff present was Melissa Llera, Secretary, and Larry Liebman, Environmental Compliance Inspector. Geoff Herald arrived after roll call at 7:02 p.m. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Elizabeth Falk. ACCEPTANCE OF MINUTES: September 25, 2024 Motion to accept the minutes of September 25, 2024 as presented was made by Elizabeth Falk; seconded by John Schwartz. No remarks. All in favor with Ayes of those eligible to vote: Michael Flanagan, John Schwartz, Elizabeth Falk, and Matthew Rose. Next regular meeting is scheduled for October 23, 2024. NEW BUSINESS: #1223 2 Ezra Road, Dumser, Christopher, Correia, Jamie/ Hat City Pools, Agent, (H11114), RA-20 Zone, Installation of in-ground pool Jaime Correia from Hat City Pools, the contractor, was present to represent the application. They are looking to install an in-ground pool on the property. The area is within the 200 ft. of Lake Wackawana. An engineer has devised a plan for the runoff including hay bales and silt fencing. EIC Minutes – October 9, 2024 Page 2 Chairman Rose asked Mr. Liebman if he has any comments on the project. Mr. Liebman informs the Commission that construction on the pool has begun. They have erosion controls in place, and there have been no environmental impacts. He requests they schedule a site visit. Motion to table No. 1223, 2 Ezra Road, until the next regularly scheduled meeting was made by Geoff Herald; seconded by Elizabeth Falk. All in favor with Ayes: Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, and Matthew Rose. #1224 36 Newtown Road, 36 Newtown Road LLC, Ronald Wolff, P.E., Agent, (K13188), CG-20 Zone, Redevelopment of site to proposed restaurant use Ron Wolff, engineer, was present to represent the application, along with the owner, Mario Luis/ 36 Newtown Rd LLC. Mr. Wolff shows an aerial photo of the property. He states it was formally Napa Auto Parts and the property was mostly pavement with a driveway on both sides of the building. They are looking to convert the space to a restaurant. There would be parking in the front (including handicap access), on the side, and some employee parking in the rear. There would be a total of 18 parking spaces. There would be a service ramp on the right side and emergency egress on the left side of the building. There is an existing drainage system that collects water from Newtown Road and Woodside Avenue which ultimately discharges to an 18” pipe then to the watercourse on the west side. They will be installing new catch basin tops, reconstructing the catch basins, and connecting the leaders from the roof to the storm drainage system. In addition, the existing storage tank in the rear and septic tank in the front will be removed, and the building will be connected to city sewer. All work will be staying within the currently paved area. There were two storage containers in the rear on the paved area that have already been removed. They are proposing a retaining wall in this area to support the embankment. Previously the storage containers were acting somewhat as a retaining wall. Mr. Herald asked if the property was still discharging to the septic tank. Mr. Wolff confirmed they were. There is currently no connection to the city sewer. They are connected to city water. They are also proposing a 1,500 gal grease tank outside for the kitchen waste line which would then connect to the city sewer. Mr. Rose asked if the tank in the rear of the building is in-ground or above ground. Mr. Wolff said it is in-ground, but will be removed. Mario Luis, property owner, said it appears to be clean water in the tank. According to the old owner, the tank was not an oil tank. He is looking to crush the tank and fill the area with trap rock. Mr. Rose also asks if any soil testing has been completed. Mr. Luis said there was previously, but he has not done any. Mr. Schwartz then asked for further details on the tank in the rear. Mr. Luis said it is a concrete tank, but he isn’t sure what the prupose of the tank was. Mr. Rose asked if there is an inlet from the building; Mr. Luis doesn’t believe so. Mr. Schwartz noticed two concrete manholes in the rear and wonders if those are for this tank; Mr. Luis confirms. Mr. Luis said he will call to have the tank pumped out. Mr. Rose believes they should run a dye test from inside once the tank has been emptied; Mr. Herald agrees. Mr. Liebman said the Commission could request someone be present during pumping of the tank to help determine the contents. He states if there is any petroleum by- product inside that the tank could not be crushed. The tank would require removal, and the area around would need to be tested. Mr. Rose requests testing of the tank’s contents. Mr. Schwartz asks if there will be an exterior oil-water separator and an AGRU inside. Mr. Wolff replies there will be no AGRU, and there will be an exterior 1,500 gal tank. EIC Minutes – October 9, 2024 Page 3 Mr. Herald asks where the downspouts currently drain. Mr. Wolff said they discharge onto the ground. Mr. Wolff informs the Commission that prior to the next meeting Mr. Luis will try to figure out the tank situation. Mr. Herald requests someone be present to witness the pumping. Mr. Wolff said the tank could possibly have been an old septic for the lower level. The standard protocol for septic tanks would be to pump the water and then crush the tank. Mr. Herald asks how old the building is; Mr. Luis isn’t sure. Mr. Schwartz said the tax card states it was built in 1974. Motion to table No. 1224, 36 Newtown Road, until the next regularly scheduled meeting was made by John Schwartz; seconded by Geoff Herald. All in favor with Ayes: Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, and Matthew Rose. OLD 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 Pool & Patio was present to represent the application. Mr. Liebman states he has prepared a staff report to recommend approval with the standard conditions. Mr. Willis confirmed he received the report. Mr. Willis questions if he could use hay bales with the silt fencing; Mr. Liebman responds he could use an erosion control barrier like hay bales instead of trenching. An inspection of the erosion controls would be required once installed. Motion to approve No. 1221, 84 Forty Acre Mountain Road, with the five conditions noted in the staff report was made by Geoff Herald; seconded by John Schwartz. All in favor with Ayes: Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, 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 Chairman Rose informed the Commission that the applicant wasn’t available to attend and requested the matter be tabled to the next meeting. Motion to table No. 1222, Country Ridge Road, per the applicant’s request was made by Geoff Herald; seconded by Elizabeth Falk. All in favor with Ayes: Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, and Matthew Rose. APPLICATION FOR ADMINISTRATIVE APPROVAL: #1225 Padanaram Brook at Crosby Street Bridge, City of Danbury, (I13045 & City Right-of-Way), C-CBD Zone, Vegetation and sedimentation removal along easterly channel and arch Mr. Liebman said the City of Danbury was notified by DOT of some spalling of the bridge on Crosby Street. It is caused by the vegetation growth. There is worry this may impact EIC Minutes – October 9, 2024 Page 4 the flow of stormwater. The City of Danbury is looking to remove sediment and all work will happen topside. Mr. Herald questions if this is the new bridge; Mr. Liebman confirms. Mr. Liebman states the accumulation is a direct result of leapfrogging of sediment as it flows down the Still River. The parking garage in the area has now been removed which allows accessibility to this spot. They don’t want to cause the bridge any further stresses. Construction Services from the City would have someone cut the woody vegetation and it would then be scooped out. Mr. Herald wonders if the channel of the bridge is insufficient in size. Mr. Liebman said the bridge was designed with the 100 year storm in mind. With new bridges, they are looking beyond the 100 year storm. We are now having many more frequent and more ferocious storm events. Motion to grant administrative approval for No. 1225, Padanaram Brook at Crosby Street Bridge, was made by Geoff Herald; seconded by Elizabeth Falk. All in favor with Ayes: Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, and Matthew Rose. ADMINISTRATIVE STAFF ACTIONS: None VIOLATIONS: 1. Halas, Barnum Road, Danbury, CT- Cease & Desist Chairman Rose informed the Commission that they are getting closer to an agreement. 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: Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, and Matthew Rose. OTHER MATTERS: Mr. Liebman informed the Commission of his absence for the upcoming December meeting due to training out of state. He requested further discussion on moving the meeting a week. CORRESPONDENCE: None ADJOURNMENT: Motion to adjourn was made by Geoff Herald; seconded by Elizabeth Falk. All in favor with Ayes: Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, and Matthew Rose. Meeting adjourned at 7:26 p.m. Respectfully submitted, Melissa Llera Recording Secretary