Environmental Impact Commission

Posted in City of Danbury Town Clerk’s office on March 13, 2025 at 3:10 pm. . 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, February 26, 2025 7:00 p.m. ROLL CALL: Vice Chair Mark Massoud called the meeting to order at 7:02 p.m. Present by roll call: Gary Dufel, John Schwartz, Elizabeth Falk, and Geoff Herald. Staff present was Melissa Llera, Secretary, and Larry Liebman, Environmental Compliance Inspector. Vice Chair Massoud seated alternate Gary Dufel for Cristina Britton. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mark Massoud. ACCEPTANCE OF MINUTES: January 22, 2025 Motion to accept the minutes of January 22, 2025 as presented was made by Geoff Herald; seconded by Elizabeth Falk. No remarks. All in favor with Ayes of those eligible to vote: Gary Dufel, John Schwartz, Elizabeth Falk, Geoff Herald, and Mark Massoud. Next regular meeting is scheduled for March 12, 2025. NEW BUSINESS: #1235 9 Flint Ridge Road, Fodera, Eva; (J04048), RA-20 Zone, Construction of addition and extension of upper deck Eva Fodera, homeowner was present to represent the application. They are proposing an addition which would connect two parts of their current home, along with extending the back deck. They aren’t going outside of the current framework of the house for the addition. They will also be doing new siding, roofing, and windows. The addition would allow them another bedroom and bathroom. The work will be done by hand. EIC Minutes – February 26, 2025 Page 2 Mr. Dufel notices storm water galleries located on both sides, and asked where the water will originate from for those. Mrs. Fodera said the gutters from the roof will discharge to them. Mr. Dufel asks where the runoff from their long driveway drains to. Mrs. Fodera is not sure as they just bought the house recently. She is aware of some drains around the property though. Mr. Dufel expressed concern over the adverse effects the runoff from the driveway could have on Candlewood Lake since it contains salt and other pollutants. He feels it would be beneficial to direct the driveway runoff to the stormwater galleries, and is less concerned about the roof discharge. Mrs. Fodera agrees to talk to her engineer, Ralph Gallagher. Mr. Liebman explains to Mrs. Fodera that tonight they are just accepting the application. He requests that the property, including the stormwater galleries, are rough staked to allow the Commission to do site walks before the next meeting. Once the site walks are complete, they can provide any feedback they may have. He recommends the application be tabled to allow for site walks and possible plan revisions. Motion to table No. 1235, 9 Flint Ridge Road, until the next regularly scheduled meeting was made by Geoff Herald; seconded by Elizabeth Falk. All in favor with Ayes: Gary Dufel, John Schwartz, Elizabeth Falk, Geoff Herald, and Mark Massoud. #1236 15A Mountainville Road, Besharat, William; (J18006), RA-80 Zone, Construction of single family dwelling, along with driveway, retaining walls, septic system, etc. William Besharat, potential owner and resident, was present to represent the application. They are proposing to build a house. The property is on a mountain. In order to comply with the city requirements for driveway slope and zoning setbacks, the house needs to be built in this vicinity which encroaches on the wetlands/ wetland soils. The soil investigation showed wetland soils, but the middle of the property is not wetlands. They will have a shared driveway with the house to their right, so there will only be one curb cut on Mountainville Road. They had thought about a separate driveway on the southern side, but the elevations were at least 11’ lower making it difficult to meet the city requirements. They would add trees and fence to damercate the wetlands, so people wouldn’t access them. There will be erosion controls and silt fencing during construction to minimize disturbance. They have received approval for the septic which will have the system and buffer outside the wetlands. The driveway will also have a wetland crossing. Mr. Liebman expresses cconcern that a portion of the house and retaining wall are in the wetlands. Mr. Liebman feels the driveway can be extended, and that would allow the house to be relocated out of the wetlands. Mr. Besharat said he could move the house, but isn’t sure it would be completely out of the wetlands due to the driveway grade requirements. Mr. Liebman said he could write a letter to the Zoning Board of Appeals on behalf of EIC recommending a variance to the driveway grade requirements in order to have the house out of the wetlands. Mr. Besharat said he would work with a possible increase in driveway grade for a redesign. He adds that they would still have to cross the wetlands for the driveway though. Mr. Liebman understands that, and feels that is a different impact than building the home in the wetlands. He said the wetland flagging by JMM was done in July 2024, so it was recent. He believes there are alternatives to this proposed plan that would protect the natural resources. Mr. Liebman requests the property be rough staked, so Commissioners can do site walks; Mr. Besharat agrees. Mr. Liebman states that the plan as presented without revisions would be a significant activity in his opinion, and he would recommend a public hearing. EIC Minutes – February 26, 2025 Page 3 Mr. Dufel asked if information was provided on the function and values of the wetlands; Mr. Liebman said it is included in the soils report they provided. Mr. Herald asks if there is a vernal pool; Mr. Liebman doesn’t believe so. Mr. Besharat said the drainage ditch from properties above this one drain down to this land, go to a catch basin, and ultimately drain to the wetlands across the street. The City wetland map doesn’t show wetlands on his property, but there are some noted about 300-500 ft. away across the street. Mr. Massoud clarifies that municiplaties’ wetland maps are generalized, and the soil scientist’s map would be the most accurate. Mr. Liebman informs the applicant that without discussion of alternatives or revised plans, he will be recommending at the next meeting that the Commission move the application to a public hearing. Motion to table No. 1236, 15A Mountainville Road, pending further discussion was made by Elizabeth Falk; seconded by Geoff Herald. All in favor with Ayes: Gary Dufel, John Schwartz, Elizabeth Falk, Geoff Herald, and Mark Massoud. #1237 5 Tarrywile Lake Road, Matera, Gene; (H17172), RA-20 Zone, Rear yard improvements including retaining walls, plantings, swimming pool, dock, etc. Gene Matera, homeowner, was present to represent the application. They are looking to make improvements to their backyard. There is currently quite a slope, so they have concerns about safety for themselves and their grandchildren. Currently they have a 3 ft. retaining wall that they are looking to extend. This would allow further grading leading to better safety and more efficient use of their property. Mr. Liebman states that he has visited the site. It is directly on Tarrywile Lake. He requests the applicant have the proposed amenities rough staked to allow site walks for the Commission. Motion to table No. 1237, 5 Tarrywile Lake Road, pending inspections, until the next regularly scheduled meeting was made by Geoff Herald; seconded by Elizabeth Falk. All in favor with Ayes: Gary Dufel, John Schwartz, Elizabeth Falk, Geoff Herald, and Mark Massoud. #1238 45 Saddle Rock Road, Soares, Abner; (E08017), RA-40 Zone, Construction of single family dwelling, along with deck and driveway Abner Soares, owner, was present to represent the application. They are proposing to build a single family home. There was a previous approval, but it has since expired. Vice Chair Massoud informs the Commission that a public hearing was held on the previous application. This indicates the Commission felt it was a significant activity. Mr. Liebman said this is a vacant lot. There is a watercourse that goes through the property which leads directly to the drinking water reservoir. He requests the house, septic, and driveway be rough staked to allow for site walks for the Commission. He recommends, since the first approval was through a public hearing, that a public hearing be held this time for consistency. Mr. Herald agrees. Ms. Llera informs the Commission that the soonest a public hearing could be held would be March 26th to allow for proper advertisement and notice to abutters. Once additional payment and information is received from the applicant, the public hearing can be scheduled. EIC Minutes – February 26, 2025 Page 4 Motion to schedule Public Hearing for March 26, 2025 for No. 1238, 45 Saddle Rock Road, was made by Elizabeth Falk; seconded by John Schwartz. All in favor with Ayes: Gary Dufel, John Schwartz, Elizabeth Falk, Geoff Herald, and Mark Massoud. OLD 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 Vice Chair Massoud informs the Commission that the applicant requested the matter be tabled for this meeting. Mr. Liebman states that site walks were performed with Commissioners Falk and Schwartz, and an inspection report was provided to the applicant. The applicant had a scheduling conflict for this meeting, and revisions to the plans were also requested. Motion to table No. 1234, 31 Moody Lane, until the next regularly scheduled meeting was made by John Schwartz; seconded by Elizabeth Falk. All in favor with Ayes: Gary Dufel, John Schwartz, Elizabeth Falk, Geoff Herald, and Mark Massoud. #1106R 7B Judith Drive, Gontijo, Alaor & Vasquez, Saul, (D08082), RA-40 Zone, Construction of single family dwelling, septic, and well Mr. Liebman informs the Commission that no new information has been received, and requests the matter be tabled. Motion to table No. 1106R, 7B Judith Drive, until the next regularly scheduled meeting was made by Elizabeth Falk; seconded by John Schwartz. All in favor with Ayes: Gary Dufel, John Schwartz, Elizabeth Falk, Geoff Herald, and Mark Massoud. #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 Ben Doto, licensed professional engineer, was present to represent the application. The project came to the Commission in January, and they have since made revisions. He is also joined by Brian Kerr (owner), Paul Tanner (LEP), Barbara Constable (landscape architect), and Jim McManus (soil scientist). The property is in the IL-40 zone, is 15.5 acres, and has a 15,000 sq. ft. building. Two-thirds of the site is in the regulated area. They are proposing to add outdoor storage and connect the existing driveways. The Commission has requested the wetlands be reflagged which was done by Jim McManus. The boundaries in the north and west changed which caused the site plan to change. The northwest storage area was reduced by 50%. A wetland assessment report was also submitted. Paul Tanner, LEP, also submitted a letter, and will review it with the Commission. The surface and construction debris on site will be cleaned up which is reflected in the plans. The area around the containers in the southest corner will also be restored. There was no change to the wetland disturbance, amount of wetland mitigation area, or the floodplain storage. They will be increasing the floodplain storage by 348 cubic feet. The site plan and floodplain will be reviewed by Planning & Zoning and the Planning Commission. EIC Minutes – February 26, 2025 Page 5 Barbara Constable revised the landscape plans to match the revised site plan. The site is allowed 30% building coverage, and they are only at 17%. They are looking to increase the amount of impervious surface to better fit with the building and use. The retaining wall on the west side will also remain to minimize the amount of fill required for the plan. The revised plan is a similar scope of work with a smaller footprint. Mr. Liebman informs the Commission and applicant that they had contacted DEEP since an ELUR is in place on the property. They had forwarded the plans for their input regarding the project and soil management program. He just received an email response, and read the following into the record: Larry, Thank you for the additional information (sent below and in an additional email). I got a chance to talk w/ Paul Tanner (LEP for the project) about the ELUR and how to handle the restrictions during the redevelopment. He has been in touch with our PCB Program and the EPA PCB Program to get their input during this process (is still trying to set up a meeting). He is aware of the ELUR requirements (to not dig beneath the building and not to dig below 9’ in the other subject area), but also wants to work with our ELUR folks to do things right (they will determine if a temporary release is necessary, but either way the work will be done under a Soil Management Plan that ensures that everyone is aware of where soil has remain/return during this process). Sounds like the plan is still under development, but I am comfortable that everyone is engaged and understands the expectations for handling the site material. Unfortunately, this is one of the older ELURs, so it is not as clear-cut as it would be with a current one, but Paul is trying to make sure everyone is comfortable even though there is uncertainty rather than to use that uncertainly to justify doing something that would not be acceptable. If you would still like to have a conversation, let me know and we can set up a time for a call. Carl Gruszczak Supervising Environmental Analyst Remediation Division - Northwest District Bureau of Water Protection & Land Reuse Connecticut Department of Energy & Environmental Protection Mr. Liebman feels the State is comfortable with the project based on the response. He is confident the LEP will work with the State to address any concerns. Mr. Doto agrees that Paul Tanner will work with DEEP and prepare the soil management plan. They can also keep EIC informed, and provide the plan, but it is a long process. He reiterates that the stormwater system is a tight system that won’t allow any infiltration or absorbtion from the surrounding ground. Mr. Schwartz asked about the paving plan for the site. Mr. Doto said it will be standard base and asphalt unless a deviation is required due to the ELUR restrictions. Mr. Massoud asks for more details regarding the detention basin. Mr. Doto said the stormwater off the parking lot and newly paved area in rear will discharge into the Baracuda water quality unit which is a hydrodynamic separator with internal bypass. The current roof drainage will remain the same with the drainage to the wetlands. Jim McManus, soil scientist, then spoke regarding the report he provided. He had first been on site in July 2023 to flag the NE corner adjacent to the sewer easement and river which became his “A series.” He then revisited the site on January 16, 2025 to reflag the boundaries EIC Minutes – February 26, 2025 Page 6 per the Commission’s request. He focused on the NW corner. The boundaries in the area did change which is reflected on the site plan. He also checked the flagging on the south side, and his flags were very close to the previous ones. He inspected the ponding behind the boulders, and found no regulated areas; the ponding was just caused by disturbance. He provided a brief description, along with a functions and values assessment, for the areas in his report. The southern wetland is the largest, and has the most principles and values. Mr. Schwartz asked if the mitigation area is only in the NW corner, and if it is in the wetlands. Mr. McManus said the mitigation is in the NW corner, and it borders, but is not within, the wetlands. Paul Tanner, licensed LEP, was present to discuss his report that was provided. He has been practicing in geology for 39 years. In 2005-2006, he had helped the previous owner when they purchased the property, and has continued after Mr. Kerr approached him once he purchased it. He began on the site after the ELUR, but is very familiar with the property. He has provided a map with colored areas showing where previous excavation was done due to hydraulic oil spills by American Can and to remove PCB soils. There are residual areas of PCBs which is shown in ELUR area E which has a limited occupancy due to the levels. The current makeup of area E is subject to erosion. They are proposing to pave it which would add a cap to the area, and make it better for use. He would rather keep the soils in place than remove them which would be difficult and expensive. He will design the soil management plan accounting for DEEP and EIC feedback. Some of the paving on the site may be more geotechinical to account for the areas on the ELUR. Grades are always challenging on sites like this one. They are looking to develop the site in a deliberate and safe maner to ensure no impacts to public health. Mr. Schwartz asked if there are any soils remaining that are over the 10ppm threshold; Mr. Tanner said he is not aware of any. Mr. Schwartz asks if there were more samples taken than are shown on the map Mr. Tanner provided. Mr. Tanner said there are. There are 60-80 documents in the site’s file that he did his best to go through and summarize for the Commission. Mr. Schwartz asked about sampling near the former railroad spur, along with any history of use of the spur. Mr. Tanner said the railroad spur used to enter the building. He believes it was used to bring in steel, and wasn’t used for tanker cars with liquid. There was testing by the railroad tracks, but he focused on area E for his report as it relates to this project. Mr. Tanner said there are tables in the record showing compliance after the excavated areas and sampling. Mr. Schwartz asks about the depth of the groundwater where the disturbance is, along with any investigations that were done. Mr. Tanner said there was a gap in the records, but there was a system of monitoring wells. He has seens groundwater contour maps with the wells, and there was good coverage. He would believe maybe 10 ft. in depth for the groundwater. The levels in the monitoring wells were found to be stable or shrinking in the reports. The ELUR would not have been provided by DEEP unless there was groundwater data available. Mr. Schwartz asked about the storage, testing, and disposal of the soil during the excavation. Mr. Tanner said they are still working through that, and it will be part of the soil management plan. He is leaning towards phasing/ zones since they know where the areas of concern are, and would not do a large stockpile for the property. Mr. Schwartz asked if all disturbed areas will be paved which would essentially cap them. Mr. Doto said the only disturbed areas that won’t be paved are the wetland mitigation area and shoulders of the pavement. Mr. Dufel asked if there are other contaminants besides the PCBs. Mr. Tanner said there are hydrocarbons which they believe are the carrier for the PCBs. The hydrocarbon areas mimic the PCBs areas on the map. The paving will help with those as well. EIC Minutes – February 26, 2025 Page 7 Mr. Schwartz asked if they tested for cronium. Mr. Tanner said they focused on PCBs, but there was a reasonable scan for metals and other things done as well. It appears that Fuel Cell, the tenant that used Cronium, only used it within the clean room in the building, so he wasn’t concerned about that. Mr. Schwartz then asks if the two vacant, adjacent parcels undergoing remediation have been in contact with this property. Mr. Tanner said there has been a back and forth. Mr. Kerr said they accommodated on drainage easement that had been requested. Mr. Liebman asked if EPA or DEEP could do anything that would change these plans; Mr. Tanner confirmed they could. Mr. Liebman said they would have to come back. Mr. Tanner said that the owner may not go forward depending on the cost. Mr. Liebman would like the stockpiles located for EIC in the future, and will likely be part of a condition. Mr. Doto said that is not a problem once the procedures and locations are approved with the soil management plan. He agrees to keep EIC informed of all coorespondence with that. Mr. Tanner said he will provide the approved soil management report from DEEP, but will not provide the progress reports on it since it will be a lot of back and forth; Mr. Liebman is in agreement with that. Mr. Dufel knows there is a plan to remove invasive species and plant, but he is curious what the site will look like in 10 years with the invasive species possibily returning. Mr. McManus said most of the invasive species will be removed. Some of the areas will be paved over and others cleaned up. There are some phragmites that they won’t be able to access. Barbara Constable, landscape architect, responds that they will be doing yearly monitoring for a minimum of three years to make sure the plantings hold and invasive species aren’t returning. Vice Chair Massoud informs the Commission that the Planning Commission will be opening up their public hearing shortly. There has been discussion whether this application would be considered a significant activity that would warrant a public hearing for EIC. He asks for the Commission’s thoughts on this. Mr. Herald asks Mr. Liebman his opinion on this. Mr. Liebman feels that with the response from DEEP tonight, he doesn’t think a public hearing would be required. They can take the time to craft conditions that would allow for enough safeguards to be in place. The soil management plan that is required by DEEP due to the ELUR would be done long after EIC’s timeframe, even if they held a public hearing. Mr. Herald asks what the final date for this decision would be. Ms. Llera said they would have to decide by March 12th due to the advertising requirements and expiration date of the 65 day application extension. Mr. Schwartz doesn’t believe public input would be helpful since it is such a technical discussion. Ms. Falk, Mr. Herald, Mr. Schwartz and Mr. Dufel all agree that a public hearing would not be necessary. Mr. Schwartz asked if their conditions of approval could be revisited after DEEP approval. Mr. Doto responds that he assumes a condition would be a review of the soil management plan, and if any significant changes are required to the plan, then they would have to come back for a revised application. Mr. Liebman said it will be conditioned properly, so they can review the DEEP information. Mr. Liebman requests that Mr. Doto provide an appropriate bond estimate, along with the cut and fill for the project as a whole. Mr. Doto agrees, but points out the cut and fill could change based on DEEP. Motion to table No. 1228, 2 Great Pasture Road, until the next regularly scheduled meeting was made by Geoff Herald; seconded by Elizabeth Falk. All in favor with Ayes: Gary Dufel, John Schwartz, Elizabeth Falk, Geoff Herald, and Mark Massoud. EIC Minutes – February 26, 2025 Page 8 APPLICATION FOR ADMINISTRATIVE APPROVAL: Motion to add No. 1239, 87-93 Federal Road & 99 Federal Road, to the agenda for Administrative Approval was made by Geoff Herald; seconded by Elizabeth Falk. All in favor with Ayes: Gary Dufel, John Schwartz, Elizabeth Falk, Geoff Herald, and Mark Massoud. Mr. Liebman said this area is behind Greentree Toyota and Stews. There is a log jam of floating debris that has accumulated over the last 20 years. They would utilize a crane to remove all the debris from the site. They are looking to start the work soon to avoid entering the real wet season. This work will minimize flooding on Federal Road in that area. Mr. Dufel asks how long the work will take. Mr. Liebman replies about a week. Mr. Dufel feels society doesn’t do enough cleanups of its waterways, so this would be beneficial. Motion to grant administrative approval for No. 1239, 87-93 & 99 Federal Road, with the condition that if a check for the fee is not received by end of business on 2/27/25 then approval would be invalid, was made by Elizabeth Falk; seconded by Geoff Herald. All in favor with Ayes: Gary Dufel, John Schwartz, Elizabeth Falk, Geoff Herald, and Mark Massoud. VIOLATIONS: 1. Halas, Barnum Road, Danbury, CT- Cease & Desist Vice Chair Massoud tells the Commission that Corporation Counsel has requested the Commission approve Chairman Rose to sign the executed contract. There was a change that allows Halas 60 days instead of 30 to submit an application once the contract is executed. Mr. Liebman feels this change is acceptable. Motion to allow Chairman Matthew Rose to sign the agreement once executed by Halas, including the change to allow 60 days for application submission, was made by Elizabeth Falk; seconded by Geoff Herald. All in favor with Ayes: Gary Dufel, John Schwartz, Elizabeth Falk, Geoff Herald, and Mark Massoud. 2. Cease & Desist: 196-200 Franklin Street Extension Mr. Liebman informed the Commission he has spoken with Attorney Robert Yamin who will be representing Mr. Rodriguez. He is also awaiting the approved Notice of Violation from Corporation Counsel. OTHER MATTERS: Mr. Liebman informs the Commission that 24 Barnum Road is now for sale. ADJOURNMENT: Motion to adjourn was made by Geoff Herald; seconded by Elizabeth Falk. All in favor with Ayes: Gary Dufel, John Schwartz, Elizabeth Falk, Geoff Herald, and Mark Massoud. Meeting adjourned at 9:11 p.m. Respectfully submitted, Melissa Llera Recording Secretary