Environmental Impact Commission

Posted in City of Danbury Town Clerk’s office on August 14, 2025 at 10:56 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, July 23, 2025 7:00 p.m. ROLL CALL: Vice Chair Mark Massoud called the meeting to order at 7:04 p.m. Present by roll call: Cristina Britton, Michael Flanagan, Gary Dufel, John Schwartz, and Geoff Herald. Staff present was Melissa Llera, Secretary, and Larry Liebman, Environmental Compliance Inspector. Vice Chair Mark Massoud seated Gary Dufel for Elizabeth Falk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mark Massoud. ACCEPTANCE OF MINUTES: July 9, 2025 Motion to accept the minutes of July 9, 2025 as presented was made by Geoff Herald; seconded by Michael Flanagan. No remarks. All in favor with Ayes of those eligible to vote: Geoff Herald, Michael Flanagan, John Schwartz, Cristina Britton, and Mark Massoud. Next regular meeting is scheduled for August 13, 2025. Vice Chair Mark Massoud then shared a card received from Marge Gallo as a thank you to the Commission for the tree planting done in honor of Bernard Gallo. Mr. Massoud also thanked Geoff Herald for leading the planning for the tree. EIC Minutes – July 23, 2025 Page 2 NEW BUSINESS: #1244 20 Marion Street, Zarzhevsky, Alexander, Ritter, Cliff, Agent; (H22117), RA-20 Zone, Construction of addition and open deck Cliff Ritter, general contractor from Woodbury, CT, was present to represent the application. They will be demolishing part of the existing house, doing a bump out of about 9’2” to the side to allow for an addition, and adding an elevated deck with small concrete pad in the rear. There will also be a new septic. The new house will be going from a three bedroom to a four bedroom home. The home won’t be any closer to the lake, but the deck will get closer than currently. Mr. Dufel noticed the proposed stone retaining walls, and wonders if they will be permanent. Mr. Ritter said there are currently terraced walls on the side of the house. Mr. Liebman informs Mr. Ritter they will need to do a site walk and requests the project elements be staked. He sees the erosion controls noted on the septic plan he received. He is going to want to know about construction access and sequence to the rear. Mr. Liebman asks if there there will be demolition to the first floor deck. Mr. Ritter confirms most will be demolished. Mr. Liebman said the project seems to be a tear down and rebuild mostly. The closest activity to the lake will be the septic system which is over the required 25’ setback from the water. Mr. Schwartz asked if the increase in impervious surface is only a result of the foundation footprint increase; Mr. Ritter confirms. Motion to table No. 1244, 20 Marion Street, pending receipt of additional information, until the next regularly scheduled meeting was made by Geoff Herald; seconded by John Schwartz. All in favor with Ayes: Cristina Britton, Michael Flanagan, Gary Dufel, John Schwartz, Geoff Herald, and Mark Massoud. #1245 15 Great Pasture Road, Eppoliti Industrial Realty, Inc., Sullivan, Steven P.E., Agent; (L16005), IL-40 Zone, Construction of four industrial buildings with associated parking and loading Steve Sullivan, professional engineer with CCA LLC, was present to represent the application. The parcel is in the IL-40 zone. There is 11.85 acres in Danbury and 2.2 acres in Bethel. There is currently one building with light industrial, along with the parking, driveway, and outdoor material storage. The building is serviced by Bethel sewer and Danbury water. The proposal is for four new light industrial buildings: three in Danbury and one in Bethel. The Town of Bethel enforcement officer was notified by certified mail of this application. Building 2 on the plan is the closest to the wetland line. There will be no direct wetland impact with the project. There is 1.82 acres of regulated area on site with about .8 acres of disturbance. The regulated area is already disturbed though given the current development on the site. There is an increase in impervious surface that they will be handling with multiple stormwater components. They did soil testing, and have good infiltration rates in the areas of the stormwater systems. Mr. Schwartz then expressed multiple technical concerns regarding the site after researching information through DEEP and an ELUR on the property. Mr. Sullivan acknowledged the concerns, and will have their LEP come to the next meeting to address them. EIC Minutes – July 23, 2025 Page 3 The information requested by Mr. Schwartz includes, but not limited to, information related to the ELUR, underground and above ground storage tanks, and past excavation on the site. Mr. Dufel notices the drainage calculations show less runoff with the 25 year storm, and requests clarification. Mr. Sullivan said there will be less peak flow as shown in the drainage report. Mr. Dufel asks what stormwater controls currently exist. Mr. Sullivan said there is a catch basin on the east side that goes to Wooster Street. Mr. Dufel requests that Mr. Sullivan look at the drainage calculations of the parcel as a whole if it was natural versus the proposed development, along with the 50 to 100 year storms. He is concerned given the rainstorms and flooding lately. He also requests information on maintenance for the proposed stormwater management in the future. Mr. Sullivan clarifies that he has already included the maintanence information in the drainage report. Mr. Liebman states that he spoke with the enforcement officer with the Town of Bethel. He believes the application should be filed with Bethel now as well, so the reviews could be done concurrently. They have also requested to be notified of the Commission’s site walks, as they may want to join City of Danbury staff. Mr. Liebman also points out that there is a FEMA flood zone related to the property. Motion to table No. 1245, 15 Great Pasture Road, pending receipt of additional information, until the next regularly scheduled meeting was made by John Schwartz; seconded by Michael Flanagan. All in favor with Ayes: Cristina Britton, Michael Flanagan, Gary Dufel, John Schwartz, Geoff Herald, and Mark Massoud. #1246 Lot 1- Bayberry Lane, Artel Engineering Group, LLC; (F14002), RA-40 Zone, Construction of single-family dwelling, garage, driveway, septic system, well, utilities, and lawn area Dainius Virbickas, professional engineer with Artel Engineering Group, was present to represent the application. The parcel is 3.2 acres in size, and currently has a street address of Lake Avenue. The lot will be accessed via an easement with Lot 2-Bayberry Lane. This will require construction of approximately a 1000’ driveway from Bayberry Lane. The lot has about 6,300 sq. ft. of wetlands, and the plans include a wetland crossing for the driveway. The wetlands on the property go east to west across the property, and there is a low-lying area. They have not witnessed standing water during their visits, but appears there is the possibility of water to pool. The wetland crossing for the driveway would have three 24” culverts to allow the water and drainage to pass. There will be retaining walls on either side of the driveway in order to raise the grade approximately 4’ to allow for the culvert installation. The wetland crossing will about 80’ in length, and will result in about 1,337 sq. ft. of direct impact to the wetlands. The three bedroom house, septic, and well are all outside of the regulated area. Mr. Herald asks for clarification that the parcel is landlocked if not for the easement through Lot 2; Mr. Virbickas confirms. Mr. Dufel asks if this easement is from the original subdivision or more recent. Mr. Virbickas is not sure of the history regarding when the easement was put in place. Mr. Dufel asks if the driveway will be paved. Mr. Virbickas feels the grade could allow for gravel as an option, but he can check with the developer on their intentions. There will be sheetflow from the driveway with either scenario. Mr. Virbickas informs the Commission that he will stake the driveway and corners of the house to assist them during their future walk-thrus. Motion to table No. 1246, Lot 1-Bayberry Lane, pending receipt of additional information, until the next regularly scheduled meeting was made by Geoff Herald; seconded by EIC Minutes – July 23, 2025 Page 4 Michael Flanagan. All in favor with Ayes: Cristina Britton, Michael Flanagan, Gary Dufel, John Schwartz, Geoff Herald, and Mark Massoud. #1247 Lot 2- Bayberry Lane, Artel Engineering Group, LLC; (F15013), RA-40 Zone, Construction of single-family dwelling, garage, driveway, septic system, well, utilities, and lawn area Dainius Virbickas, professional engineer with Artel Engineering Group, was present to represent the application. The parcel also has an address currently of Lake Avenue. The curved line on the west side of the parcel is the driveway to the West Conn campus. The lot is 1.6 acres in size, and the bulk of it is closer to the road than Lot 1. The driveway to the home will be about 240’. There is approximately 9,400 sq. ft. of wetlands on the parcel, and none will be disturbed or lost. There will be a three bedroom home. The septic for the home is compact, but located in the northern end of the property where there were better soils. The development on the site is limited due to the steep slopes. Mr. Liebman asked about the distance from the pump chamber to the septic system; Mr. Virbickas responded about 400’-500’. Mr. Liebman asks for confirmation that the closest point of the septic to the wetlands is 30’; Mr. Virbickas confirms. Mr. Liebman asked about alternate locations for the septic to get it closer to the pump chamber, including the reserve area. Mr. Virbickas said other areas they checked, they had encountered a lot of ledge. He will look into the possibility of swapping the current area and proposed reserve area. Mr. Liebman is concerned future homeowners wouldn’t be aware of the septic tank, should problems occur, etc., since it is so far away and could get covered with vegetation. He may require a homeowner packet be prepared. Mr. Massoud asks how the lots are accessed, along with the accessibility for their site walks. Mr. Virbickas said they would go to the cul-de-sac on Bayberry Lane. The lots are fairly free and clear for the site walks. He will stake the house and driveway for them. Mr. Schwartz asked if an access road will be constructed in order to service the septic tank. Mr. Virbickas said the septic and pump chamber will be close to the house. It will be the leeching fields that will be in the distance. Motion to table No. 1247, Lot 2- Bayberry Lane, pending receipt of additional information, until the next regularly scheduled meeting was made by Geoff Herald; seconded by Michael Flanagan. All in favor with Ayes: Cristina Britton, Michael Flanagan, Gary Dufel, John Schwartz, Geoff Herald, and Mark Massoud. OLD BUSINESS: #1243 4 Charcoal Ridge Dr. S., JC Construction Svc LLC; (F04026), RA-40 Zone, Proposed addition and deck for existing residence, along with a new shed Mr. Liebman states he was informed by the Zoning Department that the applicant indicated on their permit application that they will no longer be pursuing the project. An email was sent by Ms. Llera to the applicant for clarification, but no response has been received as of yet. Motion to table No. 1243, 4 Charcoal Ridge Dr. S., until the next regularly scheduled meeting was made by Geoff Herald; seconded by Michael Flanagan. All in favor with Ayes: EIC Minutes – July 23, 2025 Page 5 Cristina Britton, Michael Flanagan, Gary Dufel, John Schwartz, Geoff Herald, and Mark Massoud. VIOLATIONS: 1. Notice of Violation: 111 Coalpit Hill Road Mr. Liebman stated that this NOV is being forwarded to Corporation Counsel. 2. Notice of Violation: 124 Franklin St Mr. Liebman stated that this NOV is being forwarded to Corporation Counsel. 3. Notice of Violation: 18 Spruce Mountain Road Mr. Liebman stated that this NOV is being forwarded to Corporation Counsel. 4. Notice of Violation: 5 Oak Lane Mr. Liebman stated he is still awaiting a response. 5. Notice of Violation: 25 Miry Brook Road Mr. Liebman stated he is in communication with the party and/or the party’s attorney. 6. Notice of Violation: 24 Miry Brook Road Mr. Liebman stated he is in communication with the party and/or the party’s attorney. Mr. Liebman and the Commission members then discussed the citation process, along with the research being done to determine the proper protocols for issuance. OTHER MATTERS: 1. Working Group Updates Ms. Falk was not in attendance to provide updates. The next meeting will be July 29, 2025 at 4 p.m. at City Hall. ADJOURNMENT: Motion to adjourn was made by Geoff Herald; seconded by Michael Flanagan. All in favor with Ayes: Cristina Britton, Michael Flanagan, Gary Dufel, John Schwartz, Geoff Herald, and Mark Massoud. Meeting adjourned at 8:28 p.m. Respectfully submitted, Melissa Llera Recording Secretary