Environmental Impact Commission

Posted in City of Danbury Town Clerk’s office on January 9, 2025 at 11:27 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) SPECIAL MEETING ENVIRONMENTAL IMPACT COMMISSION MINUTES CITY HALL – 155 DEER HILL AVENUE City Council Chambers Wednesday, December 18, 2024 7:00 p.m. ROLL CALL: Chairman Matthew Rose called the meeting to order at 7:03 p.m. Present by roll call: Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, Gary Dufel, and Cristina Britton. Staff present was Melissa Llera, Secretary, and Larry Liebman, Environmental Compliance Inspector. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mark Massoud. ACCEPTANCE OF MINUTES: November 13, 2024 Motion to accept the minutes of November 13, 2024 as presented was made by Elizabeth Falk; seconded by Michael Flanagan. No remarks. All in favor with Ayes of those eligible to vote: Michael Flanagan, John Schwartz, Geoff Herald, Elizabeth Falk, and Matthew Rose. Next regular meeting is scheduled for January 8, 2025. NEW BUSINESS: #1106 7B Judith Drive, Gontijo, Alaor & Vasquez, Saul, (D08082), RA-40 Zone, Transfer of permit from Thomas, Carol Mr. Liebman informed the Commission that the property has changed hands, so they are looking to transfer the permit to the new owners. He recommends approving the transfer. He also states they submitted an application for revisions which should be tabled as we await additional information. EIC Minutes – December 18, 2024 Page 2 Motion to transfer permit for No. 1106, 7B Judith Drive, as designated in transfer form was made by Geoff Herald; seconded by Michael Flanagan. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. #1106R 7B Judith Drive, Gontijo, Alaor & Vasquez, Saul, (D08082), RA-40 Zone, Construction of single family dwelling, septic, and well Motion to table No. 1106R, 7B Judith Drive, until the next regularly scheduled meeting was made by John Schwartz; seconded by Michael Flanagan. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. #1228 2 Great Pasture Road, 2 GPS Owner LP, Benjamin V. Doto III, P.E., Agent, (K15109), IL-40 Zone, Expand outdoor storage, drive aisles and parking at existing industrial warehouse site Benjamin Doto, professional engineer, was present to represent the application, along with Abigail Adams and Barbara Constable, landscape architects. Mr. Doto said this is a 15.6 acre site with a 115,000 sq. ft building. It is the old American Can property, but currently has a roofing company on the right side and warehouse distributer on the left. The building was sold in the last few years. They are looking to expand the outdoor storage area which is currently limited. There is currently a driveway on the right and left sides of the property, but they are not legally connected which has always been a concern for ingress and egress for the Fire Marshal and site plan reviews. The proposed plan would formalize a driveway on the west side that would loop around the back for better traffic flow. The site has wetlands on it, and has been in front of the Commission and the Planning Department before. They aren’t proposing any changes to the building except changing the raised loading dock on the left side to a traditional grade level loading dock. About 1/3 of the site has wetlands, and it is currently a highly disturbed site. There is an old railroad spur on the site that hasn’t been used in some time, along with another railroad spur that has already been removed. There are culverts and drainage easements associated with the site due to the railroad beds, and those would all remain. With the proposed plan, about 2,900 sq. ft. of wetlands will be filled/ directly impacted which is mostly on the west side for the driveway. They will be creating/ mitigating about 11,000 sq. ft. of wetlands. They will also be in front of the Planning Commission for site plan/ special exception approval, along with a Floodplain permit. The plan would net about 300 yards of flood storage gained on site. Previously there had been alternatives dicussed which included expanding the building and the parking, but the new owner feels that is more invasive. They would be installing a retaining wall and detention water quality unit, along with mitigating increased runoff. Currently the site is heavily littered due to tremendous amounts of illegal dumping of mattresses, tires, etc. They will be removing this debris during the project, and hope by opening up the site, it will deter more of this in the future. They will also be adding landscape islands, sidewalks across the front of the property, and adding handicap parking spots. Mr. Doto then provides a map showing the staking which was done of the wetland mitigation area and limits of paving expansion. They will also be preparing a sequencing plan. He recommends for site EIC Minutes – December 18, 2024 Page 3 walks to follow the railroad tracks which they are clearing the vegetation around to provide better access. Mr. Flanagan asks if they considered gates to help prevent illegal dumping in the future. Mr. Doto said that gates and cameras will be added, and currently they already have one gate. Mr. Herald asked if a full spectrum of soil testing would be completed prior to excavation. Mr. Doto said there is a Licensed Environmental Professional preparing information on the site, along with an Environmental Land Use Restriction on the property. Mr. Schwartz asked if copies of the reports would be provided. Mr. Doto said he could provide the copies. The ELUR showed contamination under the building slab which would have to be remediated if the building was ever demolished. The area they would be working in shows the Hydrocarbons and PCBs above residential levels but under industrial levels. Mr. Doto states that for today’s uses you need outdoor storage. Mr. Liebman asked if there were monitoring wells on site, and, if so, any inspection reports or tests. Mr. Doto said there are monitoring wells, and he can provide any information they have. The ELUR was from the early 2000s, and the neighboring property looks like something was recently repainted for their monitoring wells. Jim McManus will do a full function value for the whole site. Barbara Constable, landscape architect, then presented the planting plan which was broken into five areas. She reviewed the various areas including the seed mixes, plantings, landscaping islands, plantings at front entrance, and 20 ft. required landscape buffer near roadway. Ms. Falk asks if there are any invasive species that would be disturbed. Ms. Constable said they are looking into that. Ms. Falk requests a removal plan if they determine there are any invasive species. Motion to table No. 1228, 2 Great Pasture Road, until the next regularly scheduled meeting was made by Elizabeth Falk; seconded by Mark Massoud. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. #1229 160-162 Deer Hill Avenue, First Congregational Church & Ecclesiatical Society, Virbickas, Dainius, Agent; (I14104 & I14105), RH-3 Zone, Construction of apartment building, along with parking, walkways, landscaping, and storm drainage system Robert Botelho, contract purchaser, was present to represent the application. He discloses that he is an elected official on the Zoning Commission, but is allowed to speak as the principle for the project. He provides the Commission with a photo portfolio of the property. He then welcomes his engineer, Dainius Virbickas, to present the plans. Dainius Virbickas with Artel Engineering was present to discuss the plans for the property. West Street is to the north, and Deer Hill is to the east of the property. It is currently a developed property with the First Congregational Church, a residence, and a barn in the rear. There are currently 26 parking spaces to the extreme south and centrally located on the property. An 18” wide portion of the property touches the Blind Brook. He then presents the proposed site plan to the Commission. The Church will remain in its existing location. The existing residence and barn will be removed, and a multi-family, multi-story building for age restricted housing will be built in that area. There will be parking under the building and other additional throughout EIC Minutes – December 18, 2024 Page 4 the property for a total of 65 spaces. The property is served by municipal sewer and water. The storm water drainage from the site flows eastward and westward. They are proposing to mitigate runoff through two underground stormwater management systems. The first system will be centrally located under the parking lot, and will treat the runoff from the parking lot (from Deer Hill to the garage entrance). The second will be in the rear of the property which will have a 10” overflow pipe that will discharge to the edge of the Blind Brook. The runoff to the Blind Brook will be decreased (up to the 100 year storm). The regulated area is 100 ft. from the Blind Brook. Most of the Blind Brook by the property is covered with a concrete bridge. There will be no impact to the wetlands or watercourse from the proposed project. Mr. Herald expresses concern of the notorious localized flooding that results from the Blind Brook. He asks for confirmation that there would not be an increase flow to the Blind Brook as a result of the project; Mr. Virbickas confirms. He clarifies that the property is only 1.4 acres, and there will only be a 9,000 sq. ft increase of impervious surface from the project. There will also be an increase in the landscaping on the property. Mr. Botelho adds that in the pictures he provided, you can see there has been no erosion on the property over the years with the runoff. You can also see the covered area in the pictures. Ms. Falk asks what stormwater management is currently on the site. Mr. Virbickas replies that currently the parking lots currently flow toward the Blind Brook, and a portion of the property flows toward Deer Hill Ave. The only catch basins they have found are in the landscape area next to the Church, and they appear to connect into the system in Deer Hill. They plan to connect the roof runoff to the storm system in Deer Hill Ave. Mr. Liebman asks if the Church and apartment roofs will be tied into the new Cultec system. Mr. Virbickas replies the parking area will be tied into the Cultec system. Mr. Botelho adds that currently the roof drains discharge above ground, and then likely enter the catch basins. Mr. Liebman requests they confirm where the roof discharge is going. Mr. Schwartz asks if the under building parking will be grade level or more of a basement level. Mr. Virbickas answers that the parking area will be at grade level/ about a foot lower than the front of the property. Mr. Schwartz then asks if the second stormwater system in the rear will be for the sheet runoff from the parking area; Mr. Virbickas confirms. Mr. Herald asks if the catch basins may be from the original construction, and, if so, if the pipes actually connect anywhere. Mr. Botelho said there are black pipes that go out, and can provide pictures. Motion to table No. 1229, 160-162 Deer Hill Avenue, until the next regularly scheduled meeting was made by Geoff Herald; seconded by Michael Flanagan. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. #1231 18 Christopher Columbus Avenue, City of Danbury Public Utilities Dept., Tata & Howard Inc., Agent; (D15022), IL-40 Zone, Kenosia Wellfield PCE and PFAS Treatment Upgrades including construction of new treatment building Mr. Liebman informs the Commission that the applicant requested the matter be tabled to the next meeting when they are able to attend and have the property staked for a site walk. Motion to table No. 1231, 18 Christopher Columbus Avenue, until the next regularly scheduled meeting was made by Elizabeth Falk; seconded by Geoff Herald. All in favor with EIC Minutes – December 18, 2024 Page 5 Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. #1232 16 Sage Road, Swergold, Gary, Hadaya, Eedeet, Agent; (H22109), RA-20 Zone, Construction of addition and temporary access for construction Ralph Gallagher, engineer, was present to represent the application. They are looking to construct a temporary gravel driveway off the community beach parking area to put a small addition on the south side of the house, along with install a geothermal well. The property is a small lot off Lake Waubeeka. There would be 18” fill for the first ½ to ¾ of the construction access road. It would then be increased a little to allow proper access for equipment. The temporary roadway/ driveway would be within the 100 ft. regulated area. They will have erosion controls in place, including hay bales. They are expecting little runoff from the driveway during construction. Once construction is completed, the area will be restored to its original condition. Only a few saplings will be cut down to allow the driveway to be constructed. The addition and well are about 135 ft. from Lake Waubeeka, so they are out of the regulated area. The closest point of the temporary driveway is about 60 ft. Mr. Rose asks where the geothermal well is located on the property. Mr. Gallagher states it is in the center of the backyard. Mr. Schwartz asks how the geothermal well works. Mr. Gallagher said it recycles water for heating and cooling the home. Mr. Schwartz asks if the extraction point for the well is the same as the return point. Mr. Swergold, homeowner, was present. He stated that nothing is extracted from the ground. There are pipes in the ground that have a water and glycol solution cycled to form a heat exchange system. Mr. Schwartz asks if it is a closed system. Mr. Swergold confirms, and offers to provide information on the system. Mr. Dufel asks if the erosion controls in place would only be removable hay bales. Mr. Gallagher said there will be silt fence as well. Mr. Dufel asks if the gravel driveway will be bermed up; Mr. Gallagher replies it would be in a way. Edeet Hadaya, designer, was present, and added that weekly inspections of the erosion controls will be done and a report provided by Mr. Gallagher. Mr. Liebman informed the Commission that when he first received the plans, the well and access road weren’t included, so an application wasn’t necessary. Once the access was added, he informed Mr. Gallagher that an application would be required. Mr. Liebman states that a letter was received from the President of Lake Waubeeka Association approving the temporary roadway, but stating concerns with the geothermal well and possible pollutants. He will be doing more research on the well. Also he feels the erosion controls are minimous, and would recommend building berms in the roadway to protect the lake in the event of a big storm. Mr. Liebman then requested the center line of the driveway be staked. David Zwang, president of Lake Waubeeka Association, was present, but unable to speak on the record because the matter was not a public hearing. He submitted a written document in opposition of the well to staff for their consideration. Mr. Liebman provides his knowledge on how the closed loop geothermal system would work. He will review the material on the well system that was provided, and look into alternatives on what could be used in place of the glycol. He believes it is an environmentally appropriate and sensitive system, but can look into safeguards that could be put in place. He can conduct the research on the well. Mr. Herald wonders since they have been around a long time if EIC Minutes – December 18, 2024 Page 6 we could get historical information on failures. Mr. Liebman adds they will need tailings pick on the plan for the well, along with the erosion and sedimentation controls. Mr. Schwartz asks how far the well is from the lake; Mr. Gallagher responds over 100 ft. Mr. Schwartz asks how the well would be drilled. Mr. Gallagher believes it would be air rotory, but would be up to the well driller. Mr. Schwartz asks how deep the well would be. Mr. Liebman said they are typically about 300 ft. Mr. Gallagher said he wouldn’t know how deep until they start drilling and hit water. Mr. Liebman asked if the materials on the well submitted is what will be constructed exactly. Ms. Hadaya said it was just general information from Dandelion, and it is not specific to this project. She adds that Dandelion, the well company, also secured permits from the State for the work. Mr. Gallagher adds that the well is permitted by the State and not the City of Danbury. Mr. Liebman clarifies that EIC issues the permits for the regulated areas. Motion to table No. 1232, 16 Sage Road, until the next regularly scheduled meeting was made by Geoff Herald; seconded by Elizabeth Falk. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. OLD BUSINESS: #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 Mr. Rose informs the Commission that a staff report with seven conditions has been prepared. Mr. Liebman states that Mr. Mazzucco received the report by email, and also accepted the conditions presented via email. Ms. Falk asked what was addressed in the revised plan submitted by Mr. Mazzucco. Mr. Liebman states that he addressed all the feedback from the site walks including a planting plan, demarcation featues, and reducing the construction limits. He also states that the property will likely be sold, so the project will probably come back to the Commission for revisions. Motion to Approve No. 1227, 124-130 Brushy Hill Road, with the 7 conditions as noted in the staff report was made by Geoff Herald; seconded by Michael Flanagan. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. APPLICATION FOR ADMINISTRATIVE APPROVAL: #1230 CT RT 37 Right of Way, Town of New Fairfield; Construction of limited sewer collection system Mr. Rose informs the Commission that a staff report with five conditions has been prepared. Mr. Liebman states that the Town of New Fairfield needs this approval to secure funding for the project. All of the work would be in the roadway which is bordered by wetlands on both sides in areas. They are looking to come down Bear Mountain Road from New Fairfield to tie into the sewer system. Erosion controls would be in place for the project. Motion to Grant Administrative Approval for No. 1230, CT RT 37 Right of Way, with the 5 conditions noted in the staff report was made by Elizabeth Falk; seconded by Michael EIC Minutes – December 18, 2024 Page 7 Flanagan. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. ADMINISTRATIVE STAFF ACTIONS: 1. Pamela Equities, Lots 1-5 Candlewood Pines Mr. Rose said a report has been prepared and the applicant accepted it via email. Mr. Liebman said the revised plans were a reduction in impact by reducing the size or moving things farther away. Motion to accept Supplemental Staff Report for No. 1152, Pamela Equities, Lots 1-5 Candlewood Pines, was made by Elizabeth Falk; seconded by Michael Flanagan. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. VIOLATIONS: 1. Halas, Barnum Road, Danbury, CT- Cease & Desist Chairman Rose presented the Commission with a final draft agreement with Halas that has not been signed yet. He states that in the previous agreement the “removal of surface debris” was ambigious. They have specified items in this agreement such as an empty oil tank above ground, old farm equipment, a cab for an old pickup truck, and some tires. The debris removal has begun. In lieu of remediating the area, Halas would submit an application for a compost on his property within 30 days of the signed agreement. They are looking for support by the Commission. Mr. Liebman states that the agreement has been drafted by Corporation Counsel for the City of Danbury, along with counsel for Halas. Mr. Flanagan asked if there was any financial burden to Halas and the City. Mr. Rose said that there were attorney fees. Mr. Flanagan believes the City should be compensated for the attorney fees. Mr. Herald would like to see a final signed copy. He feels if Corporation Counsel finds the agreement acceptable then he is OK with it. He would just like to see this matter resolved. 2. 24 Barnum- Planting completion Mr. Liebman informed the Commission that the remediation work was completed and inspected on November 21, 2024. The two-year period for the Bond has started for the required survival of the plantings. OTHER MATTERS: 1. 2025 Calendar of Meetings The Commission was provided a copy of the 2025 Calendar of Meetings. EIC Minutes – December 18, 2024 Page 8 2. Election of Officers Geoff Herald nominated Matthew Rose for Chairman; seconded by Michael Flanagan. No other nominations. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. Geoff Herald nominated Mark Massoud for Vice Chair; seconded by John Schwartz. No other nominations. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. Elizabeth Falk nominated Geoff Herald for Secretary; seconded by Michael Flanagan. No other nominations. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. CORRESPONDENCE: Chairman Rose read a card received from Marge Gallo. ADJOURNMENT: Motion to adjourn was made by Geoff Herald; seconded by Michael Flanagan. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. Meeting adjourned at 8:20 p.m. Respectfully submitted, Melissa Llera Recording Secretary