Environmental Impact Commission

Posted in City of Danbury Town Clerk’s office on February 27, 2025 at 10:19 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, January 22, 2025 7:00 p.m. ROLL CALL: Chairman Matthew Rose called the meeting to order at 7:02 p.m. Present by roll call: John Schwartz, Geoff Herald, Elizabeth Falk, Michael Flanagan, and Gary Dufel. Staff present was Melissa Llera, Secretary, and Larry Liebman, Environmental Compliance Inspector. Chairman Rose seated alternate Gary Dufel for Cristina Britton. Mark Massoud arrived at 7:04 p.m. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Elizabeth Falk. ACCEPTANCE OF MINUTES: January 8, 2025 Motion to accept the minutes of January 8, 2025 as presented was made by Elizabeth Falk; seconded by Michael Flanagan. No remarks. All in favor with Ayes of those eligible to vote: Gary Dufel, Michael Flanagan, John Schwartz, Elizabeth Falk, and Matthew Rose. Next regular meeting is scheduled for February 26, 2025. NEW BUSINESS: #1234 31 Moody Lane, Ferris, Percy, Sherwood, Robert, Agent; (I06001), RA-20 Zone, Creation of outdoor living space and shed, including terrace, retaining walls, shed, mitigation plantings, and stormwater management Robert Sherwood, landscape architect, was present to represent the application. They are currently renovating the house and looking to create an outdoor living space by the water at the 440 line for Candlewood Lake. The house is up top on a flat area of land, and then the property drops about 30 ft. to the shoreline. There is an existing seawall which is about 12-15 ft. from the 440 line. First Light did review the plans once, and offered 4-5 comments. They have revised the plans which EIC Minutes – January 22, 2025 Page 2 are the ones submitted with this application. They have been waiting since November for an additional review of the revised plans. The plans include grading to create a path toward the lake which would allow the client’s elderly parents access via a golf cart. They will also be adding retaining walls, a terrace, and a small shed to store kayaks and other related items. The terrace crosses over the 440 line, and they are also asking First Light for a new jet ski dock. The seawall and stairs shown on the plan are existing. They would mitigate the lawn slope with plantings, and will mitigate the impervious surface with a Cultec system. The have received a variance for grading within 5 ft., and know they need approval from First Light still. They will stake out the shed and terrace location for site walks, and will do the best to make it visible from up top given the snowy terrain. They will also try to clear a path in case the Commission wants to trek down. Mr. Rose asks about the jet ski dock. Mr. Sherwood said it is depicted on page 3 of the plans. It is more of a gang plank that leads to two floating docks. Mr. Herald asked if there is a boat ramp to put the jet skis in; Mr. Sherwood said there is not due to the elevations with the seawall. Mr. Herald noted that the plans say wildflower mix for all disturbed areas, but he feels much of the area will be disturbed. Mr. Sherwood clarifies that if the dirt is exposed and disturbed, then it would be wildflower mix. Mr. Herald asked if it was all shrubs because he didn’t see any small trees noted on the plans. Mr. Sherwood said there are no small trees, but there is some privacy screening. Mr. Dufel asks what the Cultecs are sized for. Mr. Sherwood said they would handle the 25 year storm. Mr. Dufel asks if the calculations were for the whole property or only the increase in impervious surface. Mr. Sherwood said the calculations were only based on the increase of impervious surface with the proposed terrace. Mr. Dufel asks for more information on the proposed level spreader. Mr. Sherwood said the pipe would go underground and lead to a perforated pipe that would disperse in gravel, so it would not be a point discharge. Mr. Dufel is concerned about the size of the pipe and feels it is a narrow spreader. He is worried there could be a sediment load into the lake. Mr. Sherwood said he will revisit the sizing of the level spreader. Mr. Liebman also expresses his concern over the length of the level spreader, and feels a ridged lip could help force the water to sheet flow. He also requests that Mr. Sherwood share the coorespondence from First Light once received after their next review; Mr. Sherwood agrees to. Motion to table No. 1234, 31 Moody Lane, until the next regularly scheduled meeting was made by Mark Massoud; seconded by Elizabeth Falk. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Geoff Herald, Elizabeth Falk, Mark Massoud, and Matthew Rose. OLD BUSINESS: #1106R 7B Judith Drive, Gontijo, Alaor & Vasquez, Saul, (D08082), RA-40 Zone, Construction of single family dwelling, septic, and well Chairman Rose informed the Commission that the applicant has requested an extension. Motion to grant a 65 day extension for No. 1106R, 7B Judith Drive, was made by Mark Massoud; seconded by Elizabeth Falk. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Geoff Herald, Elizabeth Falk, 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 Chairman Rose informed the Commission that the applicant requested the matter be tabled. EIC Minutes – January 22, 2025 Page 3 Motion to table No. 1228, 2 Great Pasture Road, until the next regularly scheduled meeting was made by Geoff Herald; seconded by John Schwartz. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Geoff Herald, Elizabeth Falk, 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 Chairman Rose informed the Commission that a staff report has been provided. Mr. Liebman stated that he had been in contact with David Day who acknowledged the staff report, and stated he had no objections. They are hopeful to start getting the funding to begin the project. Motion to approve No. 1231, 18 Christopher Columbus Avenue, with the 13 conditions noted in the staff report was made by Geoff Herald; seconded by Elizabeth Falk. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Geoff Herald, Elizabeth Falk, 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 Chairman Rose informed the Commission that a staff report was prepared. Mr. Dufel asks Mr. Liebman if a time frame shorter than five years for completion could be imposed since the permit is for a temporary access road. Mr. Liebman wouldn’t advise it. He did request a bond and final construction drawings. He knows the applicant is anxious to begin the work. Mr. Dufel is concerned about the proposed erosion controls with the hay bales once the project has begun. Mr. Liebman responds that he has requested stone berms as well which would be shown on the requested final construction drawings. Mr. Herald asked how Mr. Liebman determined the bond amount. Mr. Liebman said this project is for about 75-80 ft. of temporary roadway. For permits, typically it would be a certain amount per 100’ of erosion control plus $300 for the temporary access. He took the calculated amount and tripled it for this purpose. Mr. Herald also states that the HOA will likely govern this project very closely since it is their land, but understands the idea of a shortened time. Mr. Massoud said there are circumstances that allow the Commission to approve a shorter time frame; Mr. Liebman agrees. Mr. Herald feels they should do two years instead of five years. Mr. Schwartz asks how long the drilling permit through the State is valid for. Mr. Liebman believes it is 10 years, but is not sure of the time frame. It is not something that he would be involved in. Mr. Liebman clarifies that it is noted in the staff report that the well is to be done, it would have to come back to the Commission. The well is not included in the approval in his report. He also notifies the Commission that he received coorespondence from residents at Lake Waubeeka whom are in opposition of any geothermal wells near the lake. Motion to approve No. 1232, 16 Sage Road, with the 8 conditions being that condition #8 has the permit expiration changed to two years (January 22, 2027) was made by Geoff Herald; seconded by Michael Flanagan. The approval does not include the geothermal well. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Geoff Herald, Elizabeth Falk, Mark Massoud, and Matthew Rose. EIC Minutes – January 22, 2025 Page 4 VIOLATIONS: 1. Halas, Barnum Road, Danbury, CT- Cease & Desist Chairman Rose informed the Commission that he spoke with Corporation Counsel. They have been in contact with Halas’ attorney, but have not received the signed agreement back yet because Halas’ attorney had been out of the office. Motion to table Halas violation was made by Geoff Herald; seconded by Michael Flanagan. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Geoff Herald, Elizabeth Falk, Mark Massoud, and Matthew Rose. 2. Show Cause Hearing- Cease & Desist: 196-200 Franklin Street Extension Mr. Liebman said that the Notice of Violation has been sent to Corporation Counsel for their review, and he is awaiting their response. Motion to table 196-200 Franklin Street Extension violation was made by Geoff Herald; seconded by Elizabeth Falk. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Geoff Herald, Elizabeth Falk, Mark Massoud, and Matthew Rose. OTHER MATTERS: Formation of Ad Hoc Committee to review Regulations Ms. Falk said they would like to form an Ad Hoc Committee to review the regulations and fees, and also ensure they are in compliance with the updated state statutes. She is willing to Chair the Ad Hoc Committee. She would provide notice of the meetings scheduled to Ms. Llera, so the meetings can be properly noticed. Mr. Liebman believes that since the fees will be reviewed that City Council would have to approve/ be involved in the Ad Hoc. He recommends that Chairman Rose contact Councilman Perkins to discuss this. Mr. Massoud is in agreement that the regulations are very out of date, and this review is needed. ADJOURNMENT: Motion to adjourn was made by Elizabeth Falk; seconded by Geoff Herald. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Geoff Herald, Elizabeth Falk, Mark Massoud, and Matthew Rose. Meeting adjourned at 7:33 p.m. Respectfully submitted, Melissa Llera Recording Secretary