Environmental Impact Commission

Posted in City of Danbury Town Clerk’s office on December 19, 2024 at 12:00 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, November 13, 2024 7:00 p.m. ROLL CALL: Chairman Matthew Rose called the meeting to order at 7:01 p.m. Present by roll call: Michael Flanagan, John Schwartz, Elizabeth Falk, and Geoff Herald. Staff present was Melissa Llera, Secretary, and Larry Liebman, Environmental Compliance Inspector. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Lawrence Liebman. ACCEPTANCE OF MINUTES: October 23, 2024 Motion to accept the minutes of October 23, 2024 as presented was made by Geoff Herald; seconded by Elizabeth Falk. No remarks. All in favor with Ayes of those eligible to vote: John Schwartz, Geoff Herald, Michael Flanagan, Elizabeth Falk, and Matthew Rose. Next regular meeting is scheduled for December 11, 2024. NEW BUSINESS: #1226 2 Birch Rd (60 King Street), Chalifoux, Tracy L., Agent, (C07057), RA-40 Zone, Dredging of pond and stream Tracy Chalifoux, landscape architect, and Mark Ambler from Pristine Waters were present to represent the application. Ms. Chalifoux stated there is an existing pond behind the residence and to the southest which have accumulated a lot of sediment over time; primarily organics. They are proposing to remove 400 cubic yards of wet sediment from the pond through a diver assisted dredging suction method. It is an environmentally sensitive method that results EIC Minutes – November 13, 2024 Page 2 in very little drawdown of the pond. As the slurry is being removed from the pond, the water is being returned simultaneously. A level dewatering bag will be set up in the rear yard, along with a dewatering tube. The slurry is pumped from the pond to the bag, and the water is returned to the pond through a plastic lined channel bordered by hay bales. Once the dredging is done, the sediment remains in the bag to dry. The drying time varies based on weather conditions. The material is then proposed to be removed from the site and spread elsewhere. To help protect the pond and prevent the resedimentation, they are proposing some changes to the stream channel that comes in from the west. There is a culvert under Birch Road, and they believe a lot of sand has made its way downstream, along with the leaves, which has resulted in the sediment accumulation. They would use a sediment fore bay to help intercept this sediment before it enters the pond. It would be like a bowl surrounded by some flattened boulders constructed in a naturalistic manner. The boulders would be embedded on the banks of the stream, and the bowl would then be excavated. As the water flows through, it would provide the sediment and debris a chance to drop out before entering the pond. There is a break in the stone wall on Birch Road which would allow the owner to remove the sediment periodically/ as needed from this area without distrupting the wetlands. There are also some areas of erosion and sink holes on both sides of the channel. They provided dimensions on the length of area that armoring should be done to prevent erosion in the future. They would be using boulders, backfill behind the boulders, and, on the south, also create a platform to allow for some native plantings. Any disturbed areas would have a native wetlands seed mix spread, and any lawn areas would be restored. No trees would come down and tree protection is shown on the plans. Construction access would be from Birch Road. The stream dredging would remove about 42 yards with the use of a long reach excavator. There is a second sediment fore bay proposed to the south side of the stream. There is a lot of surface flow in this area which has resulted in some erosion. A turbitity curtain would be placed in the pond to ensure no sediment makes its way downstream while the work is being performed. There is silt fence proposed by the dewatering equipment. Additionally, the flat footbridge would be removed, but the arched one will remain to allow access to their property to the south. The northern shoreline of the pond is very stable, so they don’t expect any erosion. This would be an environmentally beneficial project, and hope to have more biodiversity with the increased pond depth. The invasive species would also be removed with the sediment as well. Mr. Rose asked Ms. Chalifoux if she had received the staff report. She responds that she did receive it, and requests the first condition be adjusted to sediment testing prior to removal from the site. Mr. Herald acknowledges the change. Mr. Liebman clarifies that he had a staff report ready because the applicant is hoping to do the work this season. If they did not do the work this season then they would have to wait until August for a low flow season. Motion to approve No. 1226, 2 Birch Road (60 King Street), with the 8 conditions, including the adjustment to the first condition, noted in the staff report; seconded by Michael Flanagan. The first condition will be adjusted from “prior to the start of construction” to “prior to the removal of sediment from the site.” All in favor with Ayes: Michael Flanagan, Elizabeth Falk, John Schwartz, Geoff Herald, and Matthew Rose. EIC Minutes – November 13, 2024 Page 3 #1227 124-130 Brushy Hill Road, Molari, Russell, Mazzucco, Michael J., P.C., Agent, (J20019 & J19001), RA-80 Zone, Construction of single family dwelling, septic, well, drainage systems and utilities Michael Mazzucco, professional engineer, was present to represent the application. He provided the signed green card for the certified mail to Aquarion for the file. Mr. Mazzucco states this is a vacant lot located in the RA-80 zone on the east side of Burshy Hill Road. It is 1.5 acres and has a wetland that runs parallel to the road from the right to left side. The wetland that bisects the property is indicated in blue on the plan he presented. The topography of the lot is pretty mild until you get to the rear where it becomes more steep. They have to cross the wetlands, so they looked for an area to minimize the disturbance. The driveway will access the house from the rear, and the septic system will be in front. There will be a lot of earth work for the project. The house will be a ranch style with a foundation wall in the back to deal with the grade of the property. There was a farm previously, along with a subdivision of parcels in the past. The land was recently flagged by Jim McManus. Mr. Mazzucco shared that he staked points on the center line of the driveway, the ends of the septic system, and the corners of the house. Mr. Liebman informs Mr. Mazzucco that he has a site walk scheduled for 11/15 and will email him any questions or comments that come up. Mr. Schwartz asked what the total area of wetlands is on the property; Mr. Mazzucco responds 16,838 sq. ft. Mr. Mazzucco said he is showing two 12” pipes to minimize the heights they have to deal with in the area. Ms. Falk asks where the wetlands on the south go. Mr. Mazzucco said the wetlands all head north to a narrow channel which just dissipates downstream. Ms. Falk asks what is to the right of the property; Mr. Mazzucco replies the driveway for the Comcast property. Mr. Flanagan asks about discharge from their driveway surface or piping under their driveway. Mr. Mazzucco said the water discharges into the other direction or into the storm drainage system they have. Motion to table No. 1227, 124-130 Brushy Hill Road, until the next regularly scheduled meeting was made by Elizabeth Falk; seconded by Michael Flanagan. All in favor with Ayes: Michael Flanagan, Elizabeth Falk, John Schwartz, Geoff Herald, and Matthew Rose. OLD BUSINESS: #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 Michael Mazzucco was present to represent the application. He addressed comments from the site walks and provided revised plans with more details, along with the requested report from Jim McManus. He also provided a planting plan for the driveway where they extended the plantings further than requested. He also added the demarcation line to the plans, along with the wetland table. He acknowledged receipt of the staff report, and accepts the conditions as presented. Mr. Schwartz asks if the headwall was added. Mr. Mazzucco confirms that a 3 ft. high stone headwall was added to the plans. He believes all comments provided by Mr. Liebman were addressed. EIC Minutes – November 13, 2024 Page 4 Mr. Liebman clarifies that the demarcation feature is to be presented to staff for approval per one of the conditions presented in the staff report. He recommends approval of the project. Mr. Mazzucco informs the Commission that his clients will be looking to sell the project, so he will likely be back for an amendment with the new owners. Mr. Liebman feels if the activity is further from the wetlands that staff could approve any revisions, but anything closer or a bigger impact would have to go back to the Commission. Mr. Flanagan asks if the current owners would be putting the driveway in. Mr. Mazzucco doesn’t believe they would put the driveway in or build the house. They would be selling the property with EIC and Health septic approvals. Mr. Liebman reminds Mr. Mazzucco that a permit transfer would be required if the applicant sells the property, especially since a bond is required in the conditions. Mr. Schwartz asked if anything should be added to the approval for this. Mr. Liebman states that this is part of the regulations, so he does not believe it is necessary. Motion to approve No. 1222, Country Ridge Road, with the 8 conditions noted in the staff report was made by Elizabeth Falk; seconded by Michael Flanagan. All in favor with Ayes: Michael Flanagan, Elizabeth Falk, John Schwartz, Geoff Herald, and Matthew Rose. APPLICATION FOR ADMINISTRATIVE APPROVAL: None ADMINISTRATIVE STAFF ACTIONS: None VIOLATIONS: 1. Halas, Barnum Road, Danbury, CT- Cease & Desist Mr. Rose said that Attorney Casagrande continues to talk with counsel for Halas. 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: Michael Flanagan, Elizabeth Falk, John Schwartz, Geoff Herald, and Matthew Rose. OTHER MATTERS: Chairman Rose informed the Commission the December meeting will be moved from the 11th to the 18th. CORRESPONDENCE: None ADJOURNMENT: Motion to adjourn was made by Geoff Herald; seconded by John Schwartz. All in favor with Ayes: Michael Flanagan, Elizabeth Falk, John Schwartz, Geoff Herald, and Matthew Rose. Meeting adjourned at 7:31 p.m. Respectfully submitted, Melissa Llera Recording Secretary