Environmental Impact Commission

Posted in City of Danbury Town Clerk’s office on April 24, 2025 at 3:00 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, April 9, 2025 7:00 p.m. ROLL CALL: Chairman Matthew Rose called the meeting to order at 7:00 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 26, 2025 Motion to accept the minutes of March 26, 2025 as presented was made by Geoff Herald; seconded by Michael Flanagan. No remarks. All in favor with Ayes of those eligible to vote: Gary Dufel, Michael Flanagan, Geoff Herald, John Schwartz, Elizabeth Falk, Mark Massoud, and Matthew Rose. Next regular meeting is scheduled for April 23, 2025. CONTINUED PUBLIC HEARING: #1238 45 Saddle Rock Road, Soares, Abner; (E08017), RA-40 Zone, Construction of single family dwelling, along with deck and driveway Chairman Rose informed the Commission that the applicant has requested the hearing be continued. Motion to continue public hearing for Application No. 1238, 45 Saddle Rock Road, until the April 23, 2025 meeting was made by Elizabeth Falk; seconded by Michael Flanagan. All in EIC Minutes – April 9, 2025 Page 2 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 said no new information has come in. Motion to table No. 1241, 128 Great Plain Road, 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. #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 no new information has come in, and the applicant requested the matter be tabled. Motion to table No. 1236, 15A Mountainville Road, until the next regularly scheduled meeting was made by Mark Massoud; seconded by Gary Dufel. 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 said no new information has come in. Motion to table No. 1237, 5 Tarrywile Lake Road, 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. *This matter was revisited later in the meeting once the applicant arrived. #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 said no new information has come in. Motion to table No. 1234, 31 Moody Lane, until the next regularly scheduled meeting 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 – April 9, 2025 Page 3 VIOLATIONS: 1. Cease & Desist: 196-200 Franklin Street Extension No discussion about this violation occurred. 2. Notice of Violation: 111 Coalpit Hill Road Mr. Liebman informed the Commission that there was filling of the wetlands with wood chips. The Notice of Violation was sent certified mail. Mr. Liebman informed that Commission that the cleanup of the Still River by Stew Leonard’s/ Greentree Toyota is complete, and is now flowing through the area. OTHER MATTERS: 1. #651R-AA Candlewood Pines, Winnebago Trail (I03003) RA-80 Zone. Permit extension. Motion to open No. 651R-AA for discussion 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. Mr. Herald asked how long the extension they are seeking would be for; Mr. Liebman responded 5 years. Mr. Herald asked for confirmation that nothing has been built; Mr. Liebman confirmed due to financial hardship according to the applicant. Mr. Dufel stated he was on the Candlewood Lake Authority at the time of the original approval and has walked the site. He wonders if anyone has any historical knowledge about the project before they grant the extension. Mr. Liebman said the extension request was made by the applicant. He wasn’t privy to the original permit. When they do come in for permits for construction, he will be reviewing for grading to ensure the conditions are met, along with setting bonds for each project. Mr. Dufel states the original permit was issued about 20 years ago. He feels they should either reject the extension, consider a shorter extension than the 5 years, or familiarize themselves more with the projects before approving. Mr. Dufel asks if the plans have changed at all; Mr. Liebman said they have not. Mr. Massoud asks if the permit has been valid for 20 years, and asks what the limit is. Ms. Llera clarifies the original permit was approved in 2006. There were extensions granted to bring it to 2020. In 2020, the correspondence in the file shows that a new administrative approval application was submitted, and, it turn, approved by Mr. Gallo. This would be an extension of the administrative approval. Mr. Herald asked if the matter could be tabled for a presentation from CCA with more information; Mr. Liebman confirmed it could be. Motion to table permit extension for No. 651R-AA for more information from CCA on the application was made by Geoff Herald, seconded by Mark Massoud. Mr. Massoud feels the burden of proof that it is eligible for an extension should be on the applicant. Mr. Liebman states that a new Administrative Approval was granted in 2020. Ms. Llera said based on emails and payments in the file, that a new Administrative Approval was done. CCA did provide the information to staff when there was a question of eligibility. EIC Minutes – April 9, 2025 Page 4 All in favor of the motion to table with Ayes: John Schwartz, Geoff Herald, Elizabeth Falk, Mark Massoud, Gary Dufel, Michael Flanagan, and Matthew Rose. 2. #661E-AA Candlewood Pines, Seneca Trail (I03009) RA-80 Zone. Permit extension Mr. Herald asks for verification that 661E-AA & 665E-AA are the same situation at 651R-AA; Mr. Liebman confirms. Motion to table permit extension for No. 661E-AA for more information from CCA on the application 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. 3. #665E-AA Candlwood Pines, Winnebago Trail (I03010) RA-80 Zone. Permit extension Motion to table permit extension for No. 665E-AA for more information from CCA on the application 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: Motion to revisit No. 1237, 5 Tarrywile Lake Road, 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. #1237 5 Tarrywile Lake Road, Matera, Gene; (H17172), RA-20 Zone, Rear yard improvements including retaining walls, plantings, swimming pool, dock, etc. Mr. & Mrs. Matera were present to represent the application. Mrs. Matera said they are just hoping to build the retaining walls and grade their back yard. It is currently hazardous for themselves and their grandkids due to the steep slope. She stated that they have installed the erosion controls. She clarifies that they have submitted the plans for the walls that have not been built yet. Mr. Dufel requests again the the engineer visits the site, and provides a certification on the walls that have been constructed to ensure they match the design. Mr. Liebman said they had some concerns about the wall construction during their visit. If the wall(s) fail, it could impact the lake which is why it is within their jurisdiction for the environmental aspect. Ms. Llera clarifies to the applicants that they were provided a list of requested items prior to the previous meeting that the Commission is waiting for. Mr. Liebman reads the list: • Property needs to be surveyed with property lines clearly visible, top of walls and bottom of walls need to be shown on survey • Erosion and sedimentation controls need to be reinstalled asap • An engineer (choice determined by DEIC) needs to be retained to inspect and report on the condition of walls and construction. • A drainage plan is required • Where did the fill come from? Has it been tested? • A planting plan is required EIC Minutes – April 9, 2025 Page 5 • How is access to occur? • Prepare wetland functions and values report • Have the improvements rough staked • Construction sequence needs to be submitted. • Is there any other commission, HOA , Authority that has jurisdiction on the property Mr. Liebman requests the applicants submit a complete packet with the requested information for the Commission’s review. He also recommends having the applicant’s engineer attend the next meeting to clarify what is needed for the drainage plan, along with any questions regarding the walls. Motion to re-table No. 1237, 5 Tarrywile Lake Road, until the next regularly scheduled meeting was made by Elizabeth Falk; seconded by John Schwartz. All in favor with Ayes: John Schwartz, Geoff Herald, Elizabeth Falk, Mark Massoud, Gary Dufel, Michael Flanagan, and Matthew Rose. CORRESPONDENCE: Scheduling of the next work session group was discussed. Next meeting is scheduled for April 23rd at 5:30 p.m. in the Planning & Zoning Conference room at City Hall. Mr. Herald informed the Commission that he has decided on a type of elm tree to be planted in honor of Bernard Gallo. He has been talking with Mr. Iadarola with the City of Danbury in regards to possible locations. ADJOURNMENT: Motion to adjourn 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. Meeting adjourned at 7:48 p.m. Respectfully submitted, Melissa Llera Recording Secretary