Environmental Impact Commission

Posted in City of Danbury Town Clerk’s office on October 9, 2025 at 10:03 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, September 24, 2025 7:00 p.m. ROLL CALL: Chairman Matthew Rose called the meeting to order at 7:00 p.m. Present by roll call: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, and Geoff Herald. Staff present was Melissa Llera, Secretary, and Larry Liebman, Environmental Compliance Inspector. Mark Massoud arrived at 7:10 p.m. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Geoff Herald ACCEPTANCE OF MINUTES: September 10, 2025 Motion to accept the minutes of September 10, 2025 as presented was made by Cristina Britton; seconded by Elizabeth Falk. No remarks. All in favor with Ayes of those eligible to vote: Cristina Britton, Elizabeth Falk, John Schwartz, Geoff Herald, and Matthew Rose. Next regular meeting is scheduled for October 8, 2025. NEW BUSINESS: #1106RR 7B Judith Drive, Gontijo, Alaor & Vasquez, Saul, (D08082), RA-40 Zone, Construction of single family dwelling, septic, well, and other associated components Alaor Gontijo and Saul Vasquez were present for the application. Mr. Liebman clarified to the Commission that this is a resubmission of a previous approval from 2011. They are seeking to revise the approval due to changes in the plan. He has requested additional information based on his initial staff review. Mr. Gontijo states their engineer is working on making the requested changes. Motion to table No. 1106RR, 7B Judith Drive, until the next regularly scheduled meeting was made by Geoff Herald; seconded by Michael Flanagan. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, and Matthew Rose. EIC Minutes – September 24, 2025 Page 2 #1254 Damia Drive, Bright Ravens Development, LLC, CCA, LLC, Steven Sullivan, PE, Agent; (F09036), RA-40 Zone, Construction of (12) additional single-family dwellings in cluster development, along with associated parking and site improvments Regular member, Mark Massoud, arrived during the applicant’s presentation at 7:10 p.m. Dan Bertram, contract purchaser of the site, was present with Steve Sullivan, professional engineer, to represent the application. There has been a few people leading the project over the years, but the project has just not worked. This proposal includes much smaller homes in hopes of reaching a broader mark and completing the project. Steve Sullivan with CCA Engineers then presented the project. Damia Drive is off Clapboard Ridge Road. It is an existing cul-de-sac with single family homes in a gated community. The parcel is 14.4 acres with 8 existing, very large homes. There are an additional two foundations that were constructed. Those two foundations will be removed as part of this proposal. The wetlands were flagged by Jim McManus for the property. The proposal would include the construction of twelve smaller homes served by a one-way loop road. There would be no direct impact to the wetlands. There is an increase in impervious surface from the original design. To handle this, they are proposing two underground detention systems that will discharge to four level spreaders. The houses will be served by municple city sewer and water. They will have erosion controls in place including silt fencing, silt sacks, and will utilitize a construction entrance. The original EIC approval had a conservation easement. They are looking to amend the area of the conservation easement by removing an area behind units 6 and 8, and then adding an area to the southeast behind units 14-24. The easement area is currently 4.26 acres, and the new proposed area would be 4.58 acres. They have a healthy buffer between the wetlands and any activity, and would be willing to add additional plantings. Mr. Herald noticed in a visit that one house is not complete, and asks about the plan for that. Mr. Bertram clarified that seven houses are occupied, and the eighth, incomplete home will be finished. Mr. Herald asked about the road that exists currently from the south. Mr. Sullivan said that serves as the emergency access road. In addition there are utilities that go through that area, so it will remain. Mr. Bertram adds that the proposed new loop road will also accommodate emergency vehicles with the required turning radius. Mr. Liebman states that he visited the site with Commissioners Schwartz and Falk. This project was originally approved unit EIC# 499 after a public hearing was held. He recommends a public hearing for this application as well. During the site visit, there were concerns about the emergency access road with outside access. Mr. Bertram said there will be a gate there, and the fire department will be notified accordingly. Mr. Liebman asks if these twelve units will be part of an HOA. Mr. Bertram said they will be a part of the current HOA which will expand from the 8 homes to the 20 homes. Mr. Liebman requests a planting plan, along with staking of the homes, roadway, and drainage closest to the wetlands. Mr. Liebman had concerns about the drainage with the presence of ledge. Mr. Sullivan was able to provide satisfactory clarification in this matter to Mr. Liebman. Mr. Liebman also notes the property is in a Class 1 watershed which indicates drinking water watershed. This is another reason why he recommends a public hearing. Mr. Massoud asks about the purpose of the pond on the right side of the entrance. Mr. Sullivan explains via the displayed plan, the detention system with the drainage, pond, etc. Mr. Flanagan asked where the catch basin located near units 13 and 15 will discharge. Mr. Sullivan responded that it goes to a vortex unit by unit 4 which eventually goes to a level spreader. Ms. Falk notices they will be removing brush and trees. She asks that they ensure all invasive species are removed properly and not composted. EIC Minutes – September 24, 2025 Page 3 Mr. Liebman requests that maintanence is done on the pond to make it functional, as it is now algae-laden. Motion to schedule public hearing for No. 1254, Damia Drive, was made by Geoff Herald; seconded by Michael Flanagan. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. Mr. Liebman informs the applicant that the public hearing could be scheduled for October nd 22 . Mr. Sullivan requests it be placed on the agenda for the first meeting in November, as he is not available October 22nd. #1255 18 Starrs Plain Road, Rosenberg, Chaim, Michael J. Mazzucco, PE, Agent; (H24029), RA-80 Zone, Construction of single-family dwelling, along with septic, well, and other associated components Michael Mazzucco, professional engineer, was present to represent the application. They are proposing a three-bedroom home on a currently vacant lot. It is a corner lot with West Redding Road. There is a pond adjacent to the property. It is also in a watershed area, and Aquarion was notified by certified mail of the application. Jim McManus flagged the wetlands on the parcel as well. The site is challenging because of the large amounts of bedrock. They had a very limited area for the septic as most areas did not have suitable soils. They did a split level home to help them with the grading for the driveway. The main body of the house will be on slab which eliminates the need for footing drains. This allows the house to be closer to the septic. There are retaining walls proposed to help deal with the grades. They are not touching the wetlands, but there is a fair amount of work in the upland review area. Due the the site challenges, they have not proposed alternatives because they would not work. Mr. Liebman prepared an Initial File Review which stated: - “There are two wetland areas on the site, the closest activity to the wetland resources is the outfall for the roof and footing drains at 15 feet from the wetland resource. - There are two rubble retaining walls proposed, the closest is approximately 30 feet from the wetland resource. - The project elements must be rough staked in the field. Mr. Liebman asked Mr. Mazzucco to provide information on why alternatives would not work. He also requests the applicant provide sediment removal for the pond. In addition, he would like the wetland area on the plans enlarged so the Commission is able to see the contours in that area. Mr. Schwartz asked if they will be excavating in the southeast corner that is hashed on the plan. Mr. Mazzucco said they will not be as that area is reestablishing itself. Mr. Schwartz asked how much fill would be required for the construction. Mr. Mazzucco said on the low side it would be about 4 ft. However on the other side, they would be cutting, and one footing drain would be required in that area. Mr. Schwartz asked if Mr. Mazzucco has visited the site during a rainstorm. Mr. Mazzucco has not, but the watershed isn’t that large, so he doesn’t feel the area would get very wet. Motion to table No. 1255, 18 Starrs Plain Road, until the next regularly scheduled meeting was was made by Elizabeth Falk; seconded by Geoff Herald. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. EIC Minutes – September 24, 2025 Page 4 OLD BUSINESS: #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 with CCA was present to represent the application. They were before the Commission in early August, and there were questions about past environmental history for the property. They have submitted a response letter from their Licensed Environmental Professional, along with adding the ELUR area to the map. Most of the area of concern is located under the building. The areas that are not, there was no work planned for, except raising the grade on the existing loading dock. Mr. Schwartz asked about the depth of the two retention ponds. Mr. Sullivan said they are about 6’ deep, and they have test pits in the areas of the ponds. Mr. Schwartz asks where the footing drains from the three buildings would discharge. Mr. Sullivan clarified that footing drains would not be required for the buildings. Kerry Hanlon, LEP with CCA LLC, was present to answer any other questions. Mr. Schwartz requested that he checks the soils in the area of the retention ponds when they excavate. He is concerned they could have reused some fill after remediation that could have met industrial acceptable levels at the time. Mr. Hanlon notes the testing in the area had non-detectable results. Mr. Schwartz and Mr. Hanlon continued to have a technical discussion about the environmental history of the site in detail. Mr. Schwartz and Mr. Liebman jointly requested sampling and cleaning of the area with the waste oil containers as there appears to be some leakage. In addition, they expressed concerns over the depth of woodchips and quality of the soil under the woodchips. Mr. Sullivan pointed out the three test pits and results that are in the area of the woodchips. Mr. Liebman recommends a site visit with CCA staff, himself, and any available Commissioners to ensure all the Commission’s concerns have been addressed. Motion to table No. 1245, 15 Great Pasture Road, until the next regularly scheduled meeting was made by Elizabeth Falk; seconded by Michael Flanagan. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. #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 Chairman Rose states the applicant requested the matter be tabled. Motion to table No. 1246, Lot 1-Bayberry Lane, until the next regularly scheduled meeting was made by Geoff Herald; seconded by John Schwartz. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. #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 Chairman Rose states the applicant requested the matter be tabled. Motion to table No. 1247, Lot 2- Bayberry Lane, until the next regularly scheduled meeting was made by Geoff Herald; seconded by Michael Flanagan. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. EIC Minutes – September 24, 2025 Page 5 #1251 7A Brighton St, Katz, Jeffrey, Ralph Gallagher Jr., Agent; (I06077), RA-20 Zone, Construction of single-family dwelling, driveway, well and septic system Chairman Rose states the applicant requested the matter be tabled. Motion to table No. 1251, 7A Brighton Street, until the next regularly scheduled meeting was made by Geoff Herald; seconded by Michael Flanagan. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. #1252 4-6 Bear Mountain Road, Siguencia, Agustin; (G04075), RA-20 Zone, Construction of single-family dwelling and associated components Chairman Rose states the applicant requested the matter be tabled. Motion to table No. 1252, 4-6 Bear Mountain Road, until the next regularly scheduled meeting was made by Michael Flanagan; seconded by Geoff Herald. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. #1253 20A E. Starrs Plain Road, Machado, Francisco, Michael J. Mazzucco, Agent; (H25043), RA-80 Zone, Construction of single-family dwelling, along with septic, well, and other associated components Michael Mazzucco, professional engineer, was present to represent the application. When he was before the Commission last, there were questions about the culvert depicted on the plan. He visited the site, and could not find the outlet. It appears that parts from a tree cutting could be covering it. The applicant is willing to work with the City to uncover this and make sure it is operational. Mr. Liebman reiterates that the wetlands are on the opposite site of the road. It is a nice piece of land with minimal invasive species. He will have a staff report for next meeting. Motion to table No. 1253, 20A E. Starrs Plain Road, until the next regularly scheduled meeting was made by Geoff Herald; seconded by Michael Flanagan. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. APPLICATION FOR ADMINISTRATIVE APPROVAL: #1256 73-75 Old Ridgebury Road, Morgan, Lawrence & Kushner, Julie; (B17002 & B17004), RA-40 Zone, Installation of ground-mounted solar panel Mr. Liebman informed the Commission that this application involves two lots. They will be installing a 13’x 58’ ground-mounted solar panel. The wetlands were flagged by Jim McManus. He has provided a staff report, but would like to add a sixth condition. The sixth condition would be that a specific seed mix be added under the solar panels. Motion to grant administrative approval for No. 1256, 73-75 Old Ridgebury Road, with six conditions was made by Geoff Herald; seconded by Michael Flanagan. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. EIC Minutes – September 24, 2025 Page 6 VIOLATIONS: 1. Notice of Violation: 111 Coalpit Hill Road 2. Notice of Violation: 124 Franklin St 3. Notice of Violation: 18 Spruce Mountain Road 4. Notice of Violation: 5 Oak Lane 5. Notice of Violation: 25 Miry Brook Road 6. Notice of Violation: 24 Miry Brook Road 7. Notice of Violation: 130-132 Great Plain Road Mr. Liebman said the homeowners cleared along the entire length of the stream. They have come in to discuss corrective steps. They stated they did not bring in any fill, but the presence of road millings in the area was concerning. He has required they hire a soil scientist to provide testing in the area. Mr. Liebman also stated the pond dredging and testing has begun at 196-200 Franklin Street Extension. The remaining violations have no new updates or responses from Corporation Counsel. OTHER MATTERS: 1. Working Group Updates Ms. Falk said their next meeting is next week in the Planning Conference Room at City Hall. They will continue reviewing the fees. Mr. Liebman informed the Commission that, per the Legistive Aide, the Regulation changes do not require an Ad Hoc Committee or City Council approval since they are not part of the Ordinance. They will require DEEP approval. He also recommends a Corporation Counsel review of them. CORRESPONDENCE: Mr. Herald would like to discuss revisions to the Regulations or a City Ordinance in regards to tree clearing in attempts to better protect the environment. ADJOURNMENT: Motion to adjourn was made by Geoff Herald; seconded by Michael Flanagan. All in favor with Ayes: Cristina Britton, Michael Flanagan, John Schwartz, Elizabeth Falk, Geoff Herald, Mark Massoud, and Matthew Rose. Meeting adjourned at 8:06 p.m. Respectfully submitted, Melissa Llera Recording Secretary