Environmental Impact Commission

Posted in City of Danbury Town Clerk’s office on March 27, 2025 at 9:55 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, March 12, 2025 7:00 p.m. ROLL CALL: Chairman Matthew Rose called the meeting to order at 7:00 p.m. Present by roll call: Gary Dufel, John Schwartz, Michael Flanagan, Elizabeth Falk, and Mark Massoud. Staff present was Melissa Llera, Secretary, and Larry Liebman, Environmental Compliance Inspector. Chairman Rose seated alternate Gary Dufel for Cristina Britton. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Elizabeth Falk. ACCEPTANCE OF MINUTES: February 26, 2025 Motion to accept the minutes of February 26, 2025 as presented was made by Elizabeth Falk; seconded by Mark Massoud. No remarks. All in favor with Ayes of those eligible to vote: Gary Dufel, John Schwartz, Elizabeth Falk, and Mark Massoud. Next regular meeting is scheduled for March 26, 2025. NEW BUSINESS: #1241 128 Great Plain Road, Brito, Riceli, Ralph Gallagher Jr., Agent; (J07050), RA-20 Zone, Addition to existing dwelling Riceli Brito, homeowner, was present to represent the application. He is looking to do a 20’x30’ addition to his home, along with a deck around the addition. He has staked out the location of the addition. Mr. Liebman said he will arrange site walks and provide an inspection report. Mr. Dufel asks if there are stone walls in front of the house. He lives in the area, and drives by the location; Mr. Brito confirms there are. Mr. Dufel is concerned because the walls EIC Minutes – March 12, 2025 Page 2 aren’t notated on the plan, so the plan is inaccurate. Mr. Brito said there were multiple car accidents by his property, and cars would enter his lawn. He put up the walls to protect his property and family. Mr. Brito said the architectural plans would show the walls, along with the separate entrance he put in to his property. He has cleaned up the land around the walls and installed some gravel. He plans on putting in trees as well to block the view from the street. Mr. Dufel said they need a plan that accurately depicts the property if they are going to approve his proposed project. Mr. Brito isn’t sure what he is not supposed to have on his property. Mr. Liebman clarifies that it is not about what you shouldn’t have, but that the agency is requesting a plan that accurately depicts the property. They may also request a planting plan after their site walks to ensure that he is not planting non-native species. If the walls are under 3 ft., then you don’t need a permit, but the plan does need to show them. After the site walk, the Commission will determine what they require of Mr. Brito. Motion to table No. 1241, 128 Great Plain Road, pending site walk, until the next regularly scheduled meeting was made by Mark Massoud; seconded by Elizabeth Falk. All in favor with Ayes: Gary Dufel, John Schwartz, Michael Flanagan, Elizabeth Falk, Mark Massoud, and Matthew Rose. OLD 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. Chairman Rose asks if she saw the staff report that was prepared; Mrs. Fodera confirmed she did and agrees. She adds that she provided the landscape plan to staff today which was done by Ellen Hines. The plan includes slope stabilization by both galleries, replacement of the pachysandra, addition of ferns, and addition of 12-18 boulders to serve as erosion controls. There is an area of gravel that will remain because nothing seems to grow under the tree canopy. They have submitted an application to First Light as well. She also provided staff with a revised plan from Ralph Gallagher adding rip rap and tying in the driveway drain. Motion to approve No. 1235, 9 Flint Ridge Road, with 10 conditions noted in the staff report was made by Elizabeth Falk; seconded by Michael Flanagan. All in favor with Ayes: Gary Dufel, John Schwartz, Michael Flanagan, Elizabeth Falk, Mark Massoud, and Matthew Rose. #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, prospective owner, was present to represent the application. He is aware of the site walks, and received the Commission’s comments. He displays a revised plan showing a new location for the house after discussions with Mr. Liebman. He and his wife are hoping to build this home, so they can downsize and be close t0 the grandchildren. The wetland crossing for the driveway will have a pipe that goes under the driveway, along with wetland soils in the area. He doesn’t understand what they mean by an alternative analysis. Mr. Rose clarifies they were looking for other options on the house location. Mr. Besharat said he is presenting an alternative location, and other locations are difficult due to the topography. There are a lot of boulders on the site which they plan to use for stabilization. He has also hired Robert Sherwood, EIC Minutes – March 12, 2025 Page 3 landscape architect, to create a landscaping plan. He has also thought about creating on pond on the property. The property is difficult because there is drainage from multiple areas. Mr. Rose asks about drainage on the hill where the seepage is, and requests it be added to the plan. Mr. Besharat said there will be drainage. They will use the boulders and create a grade, and there will be a swale at the bottom. Mr. Dufel states that what he is proposing would need to be submitted, so they could properly review it. Mr. Besharat said he didn’t have time to submit the revised plans prior to the meeting. Mr. Schwartz asks if the plan presented to them now is the original location; Mr. Besharat said this is the revised location on the easel. Mr. Liebman informs the applicant that they will need a revised plan submitted showing the proposed project, including drainage. They will also need the plan from the landscape architect. He believes the water seepage now is a result from past septic testing, and is not seasonal. The applicant needs to ensure that the seepage is dealt with to make sure it doesn’t affect the house in the future. Mr. Besharat said he will submit the requested. Motion to table No. 1236, 15A Mountainville Road, until the next regularly scheduled meeting was made by Michael Flanagan; seconded by Elizabeth Falk. All in favor with Ayes: Gary Dufel, John Schwartz, Michael Flanagan, Elizabeth Falk, Mark Massoud, and Matthew Rose. #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 present to represent the application. He acknowledges the inspection report received after site walks, and requests to go through the items. The first item was to have the property surveyed, but Mr. Matera states that he has submitted a survey. Mr. Liebman clarifies that he wants the property lines staked in the field, and the exact heights of the existing walls provided. Fernando, contractor, was present to discuss the construction of the walls. He said he constructed 2 ft. walls on the property using rebar and concrete. Mr. Dufel asked if they were connected to the existing walls. Mr. Fernando said the new walls were constructed behind the existing ones with new footings, so they are not connected. Mr. Dufel requested engineered stamped drawings that show that the walls, which were constructed to date, are structurally sound and consistent with City of Danbury regulations. Mr. Matera points out the plan for the wall provided by his engineer. Mr. Dufel clarifies that the plan provided is a proposed design plan for the walls. He wants a structural engineer to certify the walls’ integrity on a stamped letter or drawing. Mr. Liebman continues going through the inspection list items for the homeowner. The erosion and sedimentation controls must be reinstalled. Mr. Liebman said the Commission requests an engineer evaluate the walls, as previously discussed. The plans show steel going through the wall, but the Commission didn’t see any evidence of steel present during their site walks. Mr. Dufel adds that the plan provided shows the walls curving and not across the property line as shown on the survey, along with a thicker wall than was observed in the field. A drainage plan is required as the Commission saw seepage next to the weep holes in the wall during the site walk. That is something the engineer can assist with as well. The Commission would like to know where the fill came from and was is tested. Mr. Matera said the fill came from within their property. Mr. Fernando added that it was during the excavation for the walls. Mr. Schwartz noted the observation of woody debris, roots, and concrete in the fill which should EIC Minutes – March 12, 2025 Page 4 all be removed. These could affect the stability in the future. Mr. Liebman continues that a planting plan is required. Ms. Falk asks if the in-ground pool is still planned. She noticed that the pool is located very close to the wall, so it may add additional stresses to the wall. She would like a plan for the pool. Mr. Liebman said the pool plan should include a construction sequence, how the pool will be dug, and equipment access for the project. Also they would need to know the location of the pool equipment and pool fencing. Mr. Matera clarifies that they didn’t plan on putting the pool in right away. Mr. Liebman said he could take the pool off the project, but if it remains, then they need more information. Mr. Liebman points out the walls on the survey beyond their property lines. The homeowner would need to work out any easements if those remain or rectify their location. In regards to the dock, he doesn’t see any other docks on Tarrywile Lake. He will be looking into whether docks are allowed. He requests that Mr. Matera provide him the contact information for the homeowner’s association. He will also be reviewing the deed for the property to see if there are any restrictions noted. Mr. Dufel brought up his concerns about the wall located right at the water line and its possible affect on the lake. Mr. Liebman said the wall was pre-existing according to GIS images, so they can’t control the location. The wall was extended upward, so they can request the structure’s intergrity be checked. There also isn’t much room to ask for mitigation plantings around the wall give the water level fluctuation. Part of this application was to legitimize what has been done already. The work was stopped mid-project once the homeowners were notified. Mr. Matera adds that they want to do the project with the grading and the walls to make his backard safer. Mr. Dufel asks about the safety with the height of the walls. Mr. Matera clarifies that there will be a fence on top of the wall. Mr. Matera asks what is required for a drainage plan. Mr. Fernando said there is not any drainage going through the walls. He had suggested it, but the homeowners declined due to cost. Mr. Dufel said the drainage for the walls and property has to be on the plan. There is currently erosion going to the neighbor’s property that needs to be corrected. Mr. Matera asks for clarification on what a planting plan is. Mr. Liebman said it is a detailed plan showing the location and types of trees, shrubs, and plantings proposed on the property. Mr. Matera asks if the wetlands functions and values would be done by an engineer. Mr. Liebman said an engineer or soil scientist could provide it. Motion to table No. 1237, 5 Tarrywile Lake Road, until the next regularly scheduled meeting was made by Elizabeth Falk; seconded by Michael Flanagan. All in favor with Ayes: Gary Dufel, John Schwartz, Michael Flanagan, Elizabeth Falk, Mark Massoud, and Matthew Rose. #1238 45 Saddle Rock Road, Soares, Abner; (E08017), RA-40 Zone, Construction of single family dwelling, along with deck and driveway *Note: Public Hearing scheduled to open on March 26, 2025 #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 Mr. Liebman informs the Commission that the applicant requested the matter be tabled as he works through revisions with First Light. EIC Minutes – March 12, 2025 Page 5 Motion to table No. 1234, 31 Moody Lane, per the applicant’s request, until the next regularly scheduled meeting was made by Elizabeth Falk; seconded by Michael Flanagan. All in favor with Ayes: Gary Dufel, John Schwartz, Michael Flanagan, Elizabeth Falk, 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 Mr. Liebman states the applicant informed staff that they will be reverting back to the originally approved plans that previous permit was issued for. He recommends to deny the revision application as incomplete, and add that all conditions of the previous approval remain. Motion to Deny No. 1106R, 7B Judith Drive, without prejudice, with the condition that all conditions of original approval #1106 are adhered to explicitly was made by Mark Massoud; seconded by Elizabeth Falk. Application was denied as incomplete. All in favor with Ayes: Gary Dufel, John Schwartz, Michael Flanagan, 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 Benjamin Doto, professional engineer, was present to represent the application. He received the staff report, and feels it covers everything that had discussed in the previous meeting. There are some unusual conditions due to the application. He doesn’t have anything to add or any problems with the conditions. Mr. Dufel noticed that one of the conditions noted that the erosion controls be reviewed after rain, but there was not a defined amount of rain noted. Mr. Liebman feels anything over ½” of rain would be sufficient since they will be receiving regular reports from the environmental consultant for the project. Mr. Schwartz states it is usually .1” per hour. Mr. Doto feels that is hard to quantify, and states that the LEP will be on site regularly during the project. He states the project is planned for the dry season during the summer, but depends on the soil management plan approval. Mr. Dufel and Mr. Schwartz are in agreement with the ½” measurement. Mr. Massoud asks if the work will be approved this year. Mr. Doto doesn’t believe so given they still need to go to the Planning Commission and DEEP for the soil management plan. They expect the work to begin next year. Mr. Schwartz reviews the following proposed, additional conditions for the approval: -The project shall adhere to but not be limited to the following State of Connecticut Environmental Regulations:  Title 22a-133k-1 thru 3;  Title 22a-449 ( c ) 100 to 22a- 449 ( c )-119;  Title 22a- 448; and  Title 22a-133q. - The project shall comply with Federal Regulation 40 CFR Part 761 administered under TSCA. -If required under section 22a-133q, a copy of the completion report submitted to the CTDEEP shall be provided to the City of Danbury Wetlands commission. EIC Minutes – March 12, 2025 Page 6 - Per Section 22a-133q, not more than 7 days after receipt of the temporary release signed by the CTDEEP commissioner, the person who requested such temporary release shall ensure that no alterations of any kind are made and that the temporary release is recorded in the land records of the municipality where the EUR is recorded. Upon receipt, the town clerk shall return the original temporary release to the commissioner after recording. - under no circumstance is contaminated or polluted media to be placed within the limits of existing wetlands. -Under no conditions is contaminated or polluted media, if re-used on-site in conjunction with CTDEEP commissioner approval, to be placed in such a manner as to impact wetlands. -Under no circumstance is polluted or contaminated soils to be placed within any project areas slated for wetland mitigation. Chairman Rose asks Mr. Doto if he would be in agreement with the new conditions; Mr. Doto says he would be if Mr. Tanner, LEP, would be. Mr. Schwartz asks if the Commission could approve the application with the condition that these be added. Mr. Liebman said they could approve with the condition, and the LEP could review, but not provide input. Mr. Liebman said they could also delay the approval, and Mr. Doto can share the proposed additions with Mr. Tanner. Mr. Doto asks to delay the approval for Mr. Tanner to review and allow Mr. Liebman to revise the staff report. Motion to table No. 1228, 2 Great Pasture Road, until the next regularly scheduled meeting was made by Mark Massoud; seconded by Elizabeth Falk. All in favor with Ayes: Gary Dufel, John Schwartz, Michael Flanagan, Elizabeth Falk, Mark Massoud, and Matthew Rose. APPLICATION FOR ADMINISTRATIVE APPROVAL: #1240 8 Old Sherman Turnpike, Atlantic AE, Kimley-Horn, Agent; (M11017), IG-80 Zone, Addition of a 1,750 sf accessory structure and associated site improvements Mr. Liebman states the application is for the Amazon site. They are looking to build a 30’x60’ enclosure that will house cameras and sensors. Every vehicle entering or exiting the site will receive a safety inspection as they drive through. He recommends approval. Motion to Grant Administrative Approval for No. 1240, 8 Old Sherman Turnpike, was made by Elizabeth Falk; seconded by Michael Flanagan. All in favor with Ayes: Gary Dufel, John Schwartz, Michael Flanagan, Elizabeth Falk, Mark Massoud, and Matthew Rose. VIOLATIONS: 1. Halas, Barnum Road, Danbury, CT- Cease & Desist Chairman Rose informed the Commission that a signed stipulation should be completed shortly. EIC Minutes – March 12, 2025 Page 7 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 also received a call from a local engineer who will be working with Mr. Rodriguez. The Notice of Violation was vetted by Corporation Counsel, and has since been sent out. Mr. Liebman informs the Commission there will be more violations coming for properties located on Miry Brook Road. Corporation Counsel is now reviewing them. OTHER MATTERS: Chairman Rose reminds that Commission that a work session for EIC will take place at City Hall on Tuesday, March 18th to begin discussing Regulation updates. ADJOURNMENT: Motion to adjourn was made by Mark Massoud; seconded by Michael Flanagan. All in favor with Ayes: Gary Dufel, John Schwartz, Michael Flanagan, Elizabeth Falk, Mark Massoud, and Matthew Rose. Meeting adjourned at 8:21 p.m. Respectfully submitted, Melissa Llera Recording Secretary