Environmental Impact Commission

Posted in City of Danbury Town Clerk’s office on April 10, 2025 at 2:08 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, March 26, 2025 7:00 p.m. ROLL CALL: Chairman Matthew Rose called the meeting to order at 7:06 p.m. Present by roll call: John Schwartz, Geoff Herald, Elizabeth Falk, Mark Massoud, Gary Dufel, and Michael Flanagan. 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 Mark Massoud. ACCEPTANCE OF MINUTES: March 12, 2025 Motion to accept the minutes of March 12, 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, Michael Flanagan, John Schwartz, Elizabeth Falk, Mark Massoud, and Matthew Rose. Next regular meeting is scheduled for April 9, 2025. PUBLIC HEARING: Motion to open Application No. 1238, 45 Saddle Rock Road, for public hearing was made by Geoff Herald; seconded by Elizabeth Falk. All in favor with Ayes: John Schwartz, Geoff Herald, Elizabeth Falk, Mark Massoud, Gary Dufel, Michael Flanagan, and Matthew Rose. EIC Minutes – March 26, 2025 Page 2 #1238 45 Saddle Rock Road, Soares, Abner; (E08017), RA-40 Zone, Construction of single family dwelling, along with deck and driveway Dainius Virbickas, professional engineer, was present to represent the application. This is a .8 acre undeveloped, vacant parcel that is seeking reapproval by EIC. It went through a review by the Commission in 2009, along with a renewal review in 2014. The original permit expired in 2019. The parcel is long and narrow, and the last empty parcel of the original subdivision. They are looking to build a single family home. The property has many challenges. There is drainage discharge from the road than enters an intermittent watercourse which ultimately goes to a swamp of wetlands. The watercourse from the wetlands flows north to a brook on the adjoining property, and then goes to the reservoir. There is also a sanitary sewer easement and a community well on the property. To access the site, a wetland crossing will be required which will result in a loss of 1,700 sq. ft. of wetlands. The total amount affected will be 2,200 sq. ft. since there will be some temporary disturbance. There is a proposed sewage pumping tank and associated pipe, along with water service from the community well. The current application is proposing a smaller home than the original approved application. An overlay map is shown. The current footprint of the home would be about 1,350 sq. ft. with a deck that extends 12’ to the rear. The original application had about an 1,850 sq. ft. footprint. When the original application was submitted, there was a lot of concerns from the neighbors. Therefore, the site and application was reviewed by multiple environmentalists, and the wetlands were delineated by a soil scientist. The conditions of the original approval requested additions to the plan which have been included with this application. Those additions include: removal of sand and sediment from intermittent water channel within their property, substantial plantings around driveway and on edges of wetlands, and an infiltration trench on the edge of driveway to mitigate the driveway runoff. He acknowledges receipt of staff comments after the site walk, but did not have a chance to review and address them. Mr. Dufel asks for clarification of the wetland amounts- 1,700 vs. 2,200. Mr. Virbickas clarifies that the 2,200 sq. ft. includes the temporary disturbance. Some of the wetlands will be reestablished once the box culvert is set under the driveway. Mr. Dufel is concerned that drainage from the driveway can go down the proposed embankment into the adjacent property to the south. Mr. Virbickas said they could add curbing to help prevent this. Mr. Dufel asked if they had looked into alternatives like stones or walls to avoid the embankment. Mr. Virbickas said they could tighten up the area with a rip rap slope to make the slope steeper, along with extending the retaining wall and head walls. Mr. Dufel asked about the roof runoff; Mr. Virbickas said there will be downspouts on the home, but they are not shown now. Mr. Liebman points out that he has requested a full drainage plan from the engineer. Mr. Dufel asked if the water and sewer lines will be under or over the culvert; Mr. Virbickas said probably under. Mr. Dufel asks about the conservation easement. Mr. Virbickas said that means that area of the property would have to remain in its natural state. Mr. Liebman points out that he has requested on his investigation report that the language for the easement be submitted for review. Mr. Dufel asks about the construction sequence, and if the driveway would be constructed first to allow access to the site. Mr. Virbickas feels the driveway would be constructed first. In regards to the wetland crossing, Mr. Virbickas adds that originally there were pipes proposed, but they will now be sinking a box culvert under the elevation of the intermittent watercourse to provide a more natural surface. Mr. Dufel states that during construction he wants construction fence and erosion controls in place to protect the wetlands; Mr. Virbickas agrees. EIC Minutes – March 26, 2025 Page 3 Mr. Herald notices the community well, but also hears talks about water lines. Mr. Virbickas clarifies that the well will serve the house, but they do not have rights to connect directly. He is not familiar with the logistics of how the system works. With the previous application, it was required that all sanitary systems be 75 ft. from the well to protect it which they have done. Mr. Massoud makes a motion to add the previous record of EIC#846 to the record for this application; motion seconded by Geoff Herald. Motion passed unanimously with Ayes from: John Schwartz, Geoff Herald, Elizabeth Falk, Mark Massoud, Gary Dufel, Michael Flanagan, and Matthew Rose. Mr. Massoud asks for the date of the last approval. Mr. Virbickas said the original approval was in 2009, and then an extension in 2014. He is unsure if the previous owner had it extended past December 2019. Mr. Massoud asked if any characteristics of the property have changed since then. Mr. Virbickas states he has not been on the property since about 10 years ago. Mr. Massoud asks if there have been any updates to the wetland delineation recently. Mr. Virbickas said there has not been, but doesn’t expect the soils would have changed. Mr. Massoud feels that changes to site characteristics could have affected the wetlands. Mr. Massoud asked if the box culvert would have an open or closed bottom. Mr. Virbickas replied that the bottom will be closed, but will be set 1 ft. below existing elevations, so it will fill over time to seem like an open bottom. Mr. Massoud requested that the wetlands be reflagged given the length of time since 2009. Mr. Schwartz asks if it will be slab on grade construction. Mr. Virbickas said it is a proposed ranch style home. Mr. Schwartz noticed a fairly large rock outcrop in the area of the proposed structure, so not sure if blasting or rock chipping would be required. Mr. Virbickas said he will check with the property owner and get back to the Commission with an answer. Mr. Herald asked if the home is now higher since they reduced the footprint. Mr. Virbickas said the initial application was a general home and not a specified design. He could share elevations of the home and roof once he gets them. Mr. Schwartz requests that the drainage plan notates if the wetlands on the north are hydraulically connected to the ones on the south since an overflow path seems to exist, along with how they intend to direct the water. Chairman Rose asks if anyone is present in favor or opposition of the application. Keagan Willemson, of 43 Saddle Rock Road, wanted to express some concerns and comments. He likes the idea of added curbing to protect more water from entering his property. He can’t speak to a change in conditions on the property since 2009 because he didn’t live there, but he would be concerned that there have been changes since the original approval. He is also concerned about the loss of wetlands and time of construction for the temporary disturbance. He is not sure exactly where the water enters his property, but will be investigating more now that the snow melt is done. Mr. Liebman reads an email of opposition received on March 18, 2025 from Jane Herschlag to Melissa Llera: “As I told you, I am handicapped and cannot make it to the Public Hearing on 3/26/25, and my husband no longer drives. Herbert and I are very concerned that the environmental impact, as outlined by Steven Danzer, Ph.D. to Dan Baroody on 10/27/09, is properly adhered to. And arborvitae plantings are worthless since the deer eat them voraciously. If you don’t have his letter, I can e-mail it to you. Item 4: Alternatives. An alternative that would avoid significant impact to the wetlands was identified in previous comments of 9/8/09.” EIC Minutes – March 26, 2025 Page 4 Chairman Rose asked for anyone else in favor or opposition; no one else spoke. Mr. Liebman then reads the “Matter of Record” he prepared: “Matter of Record, 45 Saddle Rock Road EIC application 846 filed 8/12/09 EIC 849 Public Hearing opens 10/14/09 EIC 849 Application Approved with conditions 12/9/09, expires 12/9/2014 EIC 849 Permit extension requested and granted 5/6/2014 extending permit to 12/9/2019 EIC 849 expired 12/9/2019 EIC application 1238 submitted 2/18/25 •DEIC application forms, fees, abutter list and simple narrative •Improvement Location Survey; ‘Prepared for Elias Ferreira Dos Santos, Depicting Property Situated at 45 Saddle Rock Road Danbury Connecticut Tax Assessor Lot ~ E08017, Prepared by Sidney A, Rapp Land Surveying, P.C. dated October 17,2024.” Signed and sealed by Zachary S. Rapp PLS No 70420 •Site Development Plan; ‘Elias Ferreira Dos Santos 45 Saddle Rock Road Danbury Connecticut, Sheet 3, Dated 7/6/09, revised to 8/28/2024. Prepared by Artel Engineering Group, LLC signed and sealed by Dainius L. Virbickas , Professional Engineer 17671 •Cross Sections ‘Elias Ferreira Dos Santos 45 Saddle Rock Road Danbury Connecticut, Sheet 3A, Dated 7/6/09, revised to 8/28/2024. Prepared by Artel Engineering Group, LLC signed and sealed by Dainius L. Virbickas , Professional Engineer 17671 •Sediment and Erosion Control Plan; ‘Elias Ferreira Dos Santos 45 Saddle Rock Road Danbury Connecticut, Sheet 4, Dated 7/6/09, revised to 8/28/2024. Prepared by Artel Engineering Group, LLC signed and sealed by Dainius L. Virbickas , Professional Engineer 17671 •EIC 1238 on 2/26/2025 regular meeting agenda. 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. Requested that applicant have the drive house and sewer connection rough staked. •Public Hearing Fee submitted 2/27/2025 by SNT Carpentry LLC •3/10/2025 Field inspection report (Mr. Liebman then read the inspection report he prepared): •A drainage plan is required •A more detailed narrative must be prepared •An increased planting plan is required •An alternative analysis must be undertaken. •Walls must be designed by a professional engineer. Top and bottom of walls must •Details on how the wetland crossing is to be accomplished must be submitted. •Project elements must be rough staked •Language on the proposed conservation easement must be submitted and reviewed by city attorney •Legal Notice in Danbury Newstimes March 14,2025 regarding Public Hearing to be held 3/26/2025 •Legal Notice in Danbury Newstimes March 24,2025 regarding Public Hearing to be held 3/26/2025 Ms. Llera provided a correction to the Matter of Record: the public hearing was advertised on March 14, 2025 & March 21, 2025; not on March 24, 2025. EIC Minutes – March 26, 2025 Page 5 Mr. Liebman then provided additional requests for the applicant/ engineer: specification of a demarcation feature for the wetlands, a delineation of the wetlands, and an increased planting plan with restoration and enhancement. He recommends the public hearing should be continued to allow for more information. Motion to continue public hearing for Application No. 1238, 45 Saddle Rock Road, until the April 9, 2025 meeting was made by Geoff Herald; seconded by Michael Flanagan. All in favor with Ayes: John Schwartz, Geoff Herald, Elizabeth Falk, Mark Massoud, Gary Dufel, Michael Flanagan, and Matthew Rose. OLD BUSINESS: #1241 128 Great Plain Road, Brito, Riceli, Ralph Gallagher Jr., Agent; (J07050), RA-20 Zone, Addition to existing dwelling Chairman Rose informed the Commission that site walks still need to be performed, so the matter should be tabled. Motion to table No. 1241, 128 Great Plain Road, pending site walk, until the next regularly scheduled meeting was made by Elizabeth Falk; seconded by Mark Massoud. All in favor with Ayes: John Schwartz, Geoff Herald, Elizabeth Falk, Mark Massoud, Gary Dufel, Michael Flanagan, 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. Chairman Rose said they are awaiting updated plans, so the applicant requested the matter be tabled. Motion to table No. 1236, 15A Mountainville Road, until the next regularly scheduled meeting was made by Geoff Herald; seconded by Mark Massoud. All in favor with Ayes: John Schwartz, Geoff Herald, Elizabeth Falk, Mark Massoud, Gary Dufel, Michael Flanagan, 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. Chairman Rose stated they are awaiting updated plans, and the applicant requested the matter be tabled. Motion to table No. 1237, 5 Tarrywile Lake Road, until the next regularly scheduled meeting was made by Elizabeth Falk; seconded by Geoff Herald. All in favor with Ayes: John Schwartz, Geoff Herald, Elizabeth Falk, Mark Massoud, Gary Dufel, Michael Flanagan, and Matthew Rose. #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 Chairman Rose informed the Commission that the applicant requested a 65 day extension. They also requested the matter be tabled to allow for plan revisions to be completed. EIC Minutes – March 26, 2025 Page 6 Motion to table No. 1234, 31 Moody Lane, per the applicant’s request, until the next regularly scheduled meeting was made by Geoff Herald; seconded by Michael Flanagan. All in favor with Ayes: John Schwartz, Geoff Herald, Elizabeth Falk, Mark Massoud, Gary Dufel, Michael Flanagan, 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 has received the staff report, and has nothing to add. The LEP had provided comments to Mr. Liebman after last meeting on the conditions that were to be added. Motion to approve No. 1228, 2 Great Pasture Road, was made by John Schwartz; Geoff Herald added with the 14 conditions presented in the staff report. The motion was seconded by Elizabeth Falk. All in favor with Ayes: John Schwartz, Geoff Herald, Elizabeth Falk, Mark Massoud, Gary Dufel, Michael Flanagan, and Matthew Rose. APPLICATION FOR ADMINISTRATIVE APPROVAL: #1242 Post Road & Paul Steet beaches, Lake Waubeeka Association, Zwang, David, President, Agent, (H22054, H22111), RA-20 Zone, Restoration of swimming beaches Mr. Liebman informed the Commission that Lake Waubeeka wants to reclaim beach sand. They will have a backhoe on the beach which will have a bucket entering the water to reclaim the sand. It is common practice on other beaches. He recommends approval. Motion to Grant Administrative Approval for No. 1242, Lake Waubeeka Association, was made by Geoff Herald; seconded by Michael Flanagan. All in favor with Ayes: John Schwartz, Geoff Herald, Elizabeth Falk, Mark Massoud, Gary Dufel, Michael Flanagan, and Matthew Rose. VIOLATIONS: 1. Halas, Barnum Road, Danbury, CT- Cease & Desist Chairman Rose informed the Commission that the stipulation has been fully executed. Halas has hired Michael Mazzucco, and has submitted a plan. Mr. Liebman said he received the plan via email, but has not had a chance to review it. He has not received an application. In addition, he will be visiting the site to ensure the remaining debris has been removed that was agreed upon. 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 been sent out, but he hasn’t received the signed green card back yet. EIC Minutes – March 26, 2025 Page 7 Mr. Liebman said he is still waiting for approval from Corporation Counsel on the violations for the Miry Brook properties. There are also multiple violations that he will be working on in the coming time. OTHER MATTERS: Mr. Liebman thanked the Commission members who attended the previous work session. Mr. Herald shared concerns over a construction project happening on the corner of Birch Rd. & King St. Mr. Liebman said he has been there multiple times as a result of many complaints received. Mr. Liebman said he will be reaching out to schedule site walks for 128 Great Plain Road & 45 Saddle Rock Road. ADJOURNMENT: Motion to adjourn was made by Elizabeth Falk; seconded by Michael Flanagan. All in favor with Ayes: John Schwartz, Geoff Herald, Elizabeth Falk, Mark Massoud, Gary Dufel, Michael Flanagan, and Matthew Rose. Meeting adjourned at 7:57 p.m. Respectfully submitted, Melissa Llera Recording Secretary