Environmental Impact Commission

Posted in City of Danbury Town Clerk’s office on May 15, 2025 at 10:06 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, April 23, 2025 7:00 p.m. ROLL CALL: Chairman Matthew Rose called the meeting to order at 7:02 p.m. Present by roll call: Gary Dufel, Michael Flanagan, John Schwartz, 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 Mark Massoud. ACCEPTANCE OF MINUTES: April 9, 2025 Motion to accept the minutes of April 9, 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 May 14, 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 Dainius Virbickas of Artel Engineering was present to represent the application. He provided updated documents to the Commission. He received Jim McManus’s report for the reflagging of the wetlands. His report concludes that the initial flagging was substantially correct; it was a little conservative, if anything. He also provided a drainage narrative, storm drainage calculations, and new plans. The site is basically the same as 14 years prior. The updated storm drainage calculations incorporated the newest rain data. The 4’x 3’ culvert will EIC Minutes – April 23, 2025 Page 2 still remain, and is oversized for the 100 year storm event. The new plans included new plantings in and around the wetlands, along with buffer plantings around the property. According to the soil scientist, the wetland to the south of the driveway doesn’t have much value as it is mostly pachysandra and grass from the neighboring property. The previous approval from 2009 included a wetland assessment from Jodi Chase, an ecologist, along with a review from Steve Danzer. They both felt the proposed application presented a reasonable request. Mr. Liebman notes the conservation easement shown on the plans, and indicates that they still have not received the requested language to be reviewed by Corporation Counsel. Mr. Liebman also asks about a demarcation feature. Mr. Virbickas said there is not one currently, but they would be willing to add the placards to their plans. Mr. Liebman recommends the public hearing be kept open to allow for any new or updated information. Chairman Rose asked if anyone was present in favor of the application; no one spoke. Chairman Rose asked if anyone was present in opposition of the application. John Shanahan of 50 Saddle Rock Road spoke. He was not for or against the application, but wanted some clarifications on the process. He asked if ongoing site inspections would be performed if the work was approved. Mr. Liebman confirmed there would be an initial erosion control inspection, along with multiple inspections as work progressed. There would also be a bond and as-built required. Mr. Shanahan asked if he could view the plans; Mr. Liebman confirmed he could as they are public record. No one else was present in favor or opposition of the application. Motion to continue public hearing for Application No. 1238, 45 Saddle Rock Road, until the May 14, 2025 meeting was made by Elizabeth Falk; seconded by Michael Flanagan. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Elizabeth Falk, Mark Massoud, 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 the applicant requested the matter be tabled. Motion to table No. 1241, 128 Great Plain Road, 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, 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, applicant and owner, was present to represent the application. He submitted revised plans to the Commission based on their feedback. They will be using the boulders from the site to stabilize the side of the mountain. He has proposed a rip rap swale on the bottom of the stone wall that will drain to a catch basin, and then lead to the wetlands across the street. He also also provided an extensive landscape plan to protect the soils and mitigate any disturbance. Mr. Dufel notes the change in the driveway and house placement from the first set of plans. He feels the new proposal may have more wetland impacts. He asks if the applicant EIC Minutes – April 23, 2025 Page 3 calculated the wetland impacts with the revised plan. Mr. Besharat said the revised plan took the house itself out of the wetlands, and the initial plan would have had more impact due to the driveway construction. In addition, the first plan would have a 17% driveway grade which would not meet the City requirements. The revised plan is the only realistic plan for the project. Mr. Dufel would like the calculations on the amount of cubic yards that will be impacted. In addition, he noticed that the wetland mitigation area, that was on the first plan, is no longer shown. Mr. Liebman points out that there is a landscape plan with mitigation, but the amount of mitigation could be increased. Mr. Flanagan noted the gallery location with the 60 ft. lift for the septic on the plan. He asked how that area will accessed for the installation. Mr. Besharat said they would use a small machine as they had previously for the test holes. The work would be done during the drier months of the summer season. Mr. Liebman asks for clarification on the location of the front door and existence of any patios or decks they may have. Mr. Besharat clarifies that he has not designed the specific house, and the plans are just a generic design. The actual house would have a smaller footprint than shown on the plans. He would have a patio in the rear. Mr. Liebman requested plans showing the actual design with any patios and landings. In addition, an erosion and sedimentation control plan will be required, along with showing the route the machine would be using to get up the hill for the gallery installation. Mr. Liebman then directs the applicant to the plan sheet with the wall design. He points out that the plan is not signed and sealed by an engineer, and this would be required. He also requests that the elevation for the walls be shown to help them determine that the appropriate footings are being provided. The baseline and wetlands must also be shown on the plans. Mr. Liebman concurs with Mr. Dufel on needing the calculations of disturbance given the project, which includes filling behind the proposed walls. They only need the cut and fill calculation for the house area. Mr. Besharat is agreeable with getting this information to the Commission. Mr. Dufel noticed a swale existing in the wetland, and is concerned that it would drain or affect the wetlands. Mr. Besharat responded that it won’t affect the wetland as the area is only wetland soils. Mr. Liebman states that it doesn’t matter the “quality” of the wetland, but the Commission is tasked with protecting all wetlands. He requests the applicant have a functions and values assessment of the wetland prepared by a soil scientist or landscape architect. Mr. Massoud asked how many of the items from the inspection report dated 3/10/25 were completed. Mr. Liebman clarifies that he has not done a thorough review of the revised plans as they were just submitted. Therefore, all of the items remain outstanding to date. Mr. Liebman asked Ms. Llera about the time for the application. Ms. Llera said a 65 day extension will be required, and the applicant was aware of that prior to the meeting. Motion to grant 65 day extension for the application was made by Gary Dufel; seconded by Michael Flanagan. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Elizabeth Falk, Mark Massoud, and Matthew Rose. Motion to table No. 1236, 15A Mountainville Road, until the next regularly scheduled meeting was made by Elizabeth Falk; seconded by Michael Flanagan. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Elizabeth Falk, Mark Massoud, and Matthew Rose. EIC Minutes – April 23, 2025 Page 4 #1237 5 Tarrywile Lake Road, Matera, Gene; (H17172), RA-20 Zone, Rear yard improvements including retaining walls, plantings, swimming pool, dock, etc. Chairman Rose informed the Commission that 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 John Schwartz; seconded by Michael Flanagan. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Elizabeth Falk, Mark Massoud, 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 Robert Sherwood, landscape architect, was present to represent the application. He is working with First Light for their approvals on the project. He received a review letter back from them with comments. He has updated the plans which are the latest presented to the Commission. The new plans updated the amount of mitigation, lowered the amount of impervious surface, had adjustments to wall elevations, and showed construction access with stabilization. The footing drains for the project will come out to a protected area on the property. The overflow for the terrace drainage will go to a level spreader that will disperse over 4 ft. Mr. Dufel asked if the water level shown on the plan was normal. Mr. Sherwood said that what is shown is low. Typically the water is about a foot under the top of the wall. First Light has requested armoring of the seawall as well. Mr. Liebman states he hasn’t had a chance to review the revised plans. He would like a chance to review and possibly prepare a staff report for next meeting; Mr. Sherwood agrees. Motion to table No. 1234, 31 Moody Lane, until the next regularly scheduled meeting was made by Elizabeth Falk; seconded by Mark Massoud. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Elizabeth Falk, Mark Massoud, and Matthew Rose. VIOLATIONS: 1. Cease & Desist: 196-200 Franklin Street Extension Mr. Liebman states he has spoken with Attorney Jowdy and CCA, whom have been retained, in regards to this violation. They are currently looking for a dam expert to inspect the site. 2. Notice of Violation: 111 Coalpit Hill Road Mr. Liebman informed the Commission that there was filling of the wetlands with wood chips. He is still awaiting more information from the violator. EIC Minutes – April 23, 2025 Page 5 OTHER MATTERS: 1. #651R-AA Candlewood Pines, Winnebago Trail (I03003) RA-80 Zone. Permit extension. Nick Yuschak, landscape architect with CCA, was present to represent the applicant, Pamela Equities, on the 3 permit extension requests. He was also joined by Chris Munch who works for Pamela Equities. There are three permits about to expire for Candlewood Pines properties: 651R-AA, 661E-AA, and 665E-AA. They are requesting a five year extension for all three. The lot under permit 665E-AA, depicted in green on the plan he displayed, is in the middle of the site, and is outside of the 200 ft. upland review area. He also points out 651R-AA and 661E-AA locations on the map presented. The project started in 2006, and was originally approved in 2006. In 2020, they completed new Administrative Review applications in August of 2020. The market wasn’t good at the time, so the owner could not begin construction due to financial reasons. The three sites remained vacant, and there were no changes to the circumstances on the sites. The new Administrative Review applications were approved by Mr. Gallo in September of 2020. These extension requests are the first extension requests of the reapproval permits. There is construction beginning in the area and on other lots now, so they expect things to begin moving forward. Mr. Dufel indicated that the Commission was looking for some background on the lots including characteristics and any potential issues or wetland impacts. Mr. Yuschak replied that the property extends into an upper section and a lower section. These lots are part of the lower part on the water. Mr. Dufel asked if the upper part has been constructed. Mr. Yuschak defers to Mr. Munch with Pamela Equities. Chris Munch, with Pamela Equities, then provided information. He began with the company in 2023. The upper part is a City subdivision. The lower part, where these lots are, was originally a large number of small lots. The lots were then combined, and then split into 11 building lots. Pamela Equities hired Steve Sullivan at CCA to monitor these EIC permits. Currently, they have sold one lot, and permits have been done to begin construction. Five more lots have architectural designs, and will be heading to market. There is a community lot that permits will be pulled shortly. The road has been completed, they have their permits from First Light, and the community docks will be installed in phases in the coming months. They will be using lot #15, which has the most challenges, to construct a spec house, and will maintain control of that lot in the future. Once the spec house is complete, they will go forward with the real estate marketing. After these 3 permits, there will be 4 more up for extensions later this year. Mr. Flanagan asked if any Regulations have changed since the initial approvals. Mr. Liebman states there haven’t been. However, in permitting now, they will be requesting bonds for the project through the grading review, and he requests CCA provide bond estimates for this in the future. Mr. Massoud asks if all 3 lots are on the water. Mr. Munch said 2 are on the water and 1 is inland with the no regulated area. Mr. Massoud asks how many of the 11 lots have EIC approvals; Mr. Munch believes they all do, and they will be back for additional extensions for other lots. Mr. Liebman points out that a valid EIC permit is required for the duration of all construction on the lots. Motion to grant 5 year permit extension for No. 651R-AA was made by Elizabeth Falk, seconded by John Schwartz. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Elizabeth Falk, Mark Massoud, and Matthew Rose. EIC Minutes – April 23, 2025 Page 6 2. #661E-AA Candlewood Pines, Seneca Trail (I03009) RA-80 Zone. Permit extension Note: This matter was covered under the discussion notated under application no. 651R- AA above. Motion to grant 5 year permit extension for No. 661E-AA was made by Mark Massoud, seconded by Elizabeth Falk. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Elizabeth Falk, Mark Massoud, and Matthew Rose. 3. #665E-AA Candlwood Pines, Winnebago Trail (I03010) RA-80 Zone. Permit extension Note: This matter was covered under the discussion notated under application no. 651R- AA above. Motion to grant 5 year permit extension for No. 665E-AA was made by John Schwartz, seconded by Michael Flanagan. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Elizabeth Falk, Mark Massoud, and Matthew Rose. 4. Notice of Decision fee My Liebman informed the Commission that we don’t currently charge for the decision publication. Due to difficult budgetary times, it is requested that a public hearing be held to add a $100 notice of decision fee to the fee schedule. In addition, he requests the fees be moved to a top priority in the working group sessions. Motion to schedule public hearing at next regularly scheduled meeting to add Notice of Decision fee to the fee schedule was made by Elizabeth Falk; seconded by Michael Flanagan. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Elizabeth Falk, Mark Massoud, and Matthew Rose. 5. Elizabeth Falk informed the Commission that April 30, 2025 at 5:30 p.m. will be the next meeting of the Working Group to discuss the Regulations. CORRESPONDENCE: Chairman Rose reminds the members that the next two meetings for the Commission in May will be held via Zoom. Chairman Rose provided an update from Mr. Herald who was not in attendance. The tree for Mr. Gallo will be planted at the Danbury Museum on Main St. ADJOURNMENT: Motion to adjourn was made by Mark Massoud; seconded by Elizabeth Falk. All in favor with Ayes: Gary Dufel, Michael Flanagan, John Schwartz, Elizabeth Falk, Mark Massoud, and Matthew Rose. Meeting adjourned at 8:25 p.m. Respectfully submitted, Melissa Llera Recording Secretary