[0:01] Good evening, and welcome [0:02] to the Environmental Impact [0:04] Commission. [0:05] Today is Wednesday, February [0:06] 11th, it's 7 o'clock, [0:08] so I can get roll call [0:10] from my right. [0:12] Jeff Harreld. [0:14] Gary Dufill. [0:16] Christina Brenn. [0:17] John Schwartz. [0:18] Elizabeth Falk. [0:19] Matt Rose. [0:20] And Jeff, if you can lead us [0:21] in pledge. Please. [0:22] Please rise if you're able. [0:23] I pledge allegiance [0:26] to the flag of the United [0:28] States of America, and to the [0:30] Republic for which it stands, [0:33] one nation, under God, [0:34] indivisible, [0:36] with liberty and justice [0:37] for all. [0:43] The members of the last meeting [0:45] that were here can vote [0:46] on the minutes, go ahead. [0:50] I make a motion we accept the [0:52] minutes from January 28th. [0:54] I'll second that. [0:55] All those in favor? [0:56] Aye. [0:57] Opposed? [0:58] Thank you. [0:59] The next meeting is February [1:01] 25th, and the first reading [1:04] of the activity is item 1261, [1:08] 134 Chambers Road, the [1:12] applicant here. [1:34] Hi I'm Abigail Varga. [1:36] And I am Brooke Clark. [1:38] We're from Brooke Clark [1:39] Landscape Architects. [1:40] And we are the agent for 134 [1:42] Chambers Road. [1:46] The property is a 7.9 acre [1:51] zoned in RA40. [1:54] It has an existing brook that [1:56] bisects the property [1:57] with the majority [1:58] of the property [1:59] on the far side [2:00] of the brook being wetlands. [2:02] There are some existing [2:03] wetlands also on this side [2:05] of the brook close [2:06] to the home. [2:08] And it's located in the [2:14] Paternarum Brook Watershed. [2:19] Existing or proposed activity [2:21] includes the demolition [2:23] of an existing [2:24] above ground pool, the removal [2:27] of an existing terrace, [2:30] removal of an existing shed, [2:32] and the relocation of a septic [2:33] pump and septic tank. [2:39] Proposed mitigation measures [2:40] include holding an average [2:42] of a 10 to 15 foot buffer [2:45] from the wetland line [2:47] on this side of the brook. [2:50] The demarcation is utilizing [2:54] the pool enclosure fence. [2:56] And beyond that, where needed, [2:58] it is demarcated [3:00] through boulders. [3:01] And then beyond that, between [3:03] the demarcation line and the [3:05] brook would be no mow, [3:07] fine fescue. [3:11] Some erosion has occurred along [3:13] the bank alongside the brook. [3:16] At critical areas, [3:17] we are proposing boulders set [3:19] in grade [3:20] with native planting. [3:22] And certain more critical [3:24] areas, we're proposing a [3:26] fieldstone wall. [3:29] There's an existing footbridge [3:31] that we are proposing [3:32] to rehabilitate [3:33] with added concrete footings. [3:37] And we're just holding a mown [3:39] lawn footpath [3:41] to that bridge. [3:49] Oh, so the proposed barn is a [3:51] 20 by 20 with an added lean-to [3:54] on the rear. [3:55] And that is held in the same [3:57] location as the existing shed. [3:58] No tree removal [4:06] in the wetlands is occurring. [4:08] There's one small ornamental [4:10] tree located [4:11] between the terrace, the [4:13] existing terrace and the house [4:14] that's to be removed. [4:16] And I think that's it. [4:27] Yes, as a matter of fact, I was [4:29] the sanitarian that was working [4:31] on the 100% replacement area. [4:34] So I did the test holes [4:35] with the engineering company, [4:37] which is far enough removed as [4:38] it is because they're a [4:40] swimming pool and it needs [4:41] to be a B100. [4:42] And the B100 is, [4:44] they're asking for permission [4:46] for us [4:47] to accept that as well. [4:48] The site, [4:49] like the applicant has stated, [4:51] the site is seven and a half [4:52] acres and they're really [4:53] primarily just working [4:55] on everything that's in the [4:56] front and the areas that have [4:57] already been an active, [5:01] the active part [5:02] of the home site. [5:03] The stabilization of the stream [5:06] bank was something that we [5:07] discussed when we walked, [5:09] saying that there are some [5:10] definite erosion measures and [5:12] they actually located them and [5:14] they're showing what needs to [5:16] be done. [5:17] I know that we can go [5:20] out there. [5:21] We should go out there and take [5:22] a look because even though [5:24] there may be snow cover, [5:26] it's very fairly evident of [5:27] where everything is going so [5:29] that we can see it. [5:31] I know that it's been brought [5:35] to my attention by one of the [5:37] commissioners that the invasive [5:39] species removal that's [5:40] on there, that all invasive [5:42] species should be bagged and [5:43] removed from the site, not [5:45] stockpiled or placed anyplace [5:47] else so that we don't spread [5:49] them around. [5:50] It's just put it in [5:51] with the trash, thank you. [5:53] As well as there's a lot of [5:54] down debris that you're [5:57] referring to. [5:59] We need to maintain some [6:00] critter habitat, please, so we [6:02] can discuss that as we're there [6:05] and we can look [6:06] at it when the commissioners go [6:08] out and look at it. [6:10] I do recommend that if you go [6:11] out there that you can just [6:14] obviously introduce yourselves [6:15] and if you want me there [6:17] with you, I can, [6:19] and take a look [6:20] at it. [6:22] I do have to admit, the [6:25] planting plan and everything [6:26] that they did, [6:28] everything is list [6:29] of species, the list of cost, I [6:30] mean we can do bond estimates [6:31] right from the thing, it's [6:33] very, job well done ladies, [6:34] thank you very much. [6:36] We appreciate that. [6:37] It's very complete, it is [6:39] definitely a good application [6:41] and I look forward [6:42] for making it work. [6:44] Thank you. [6:50] Yeah, maybe there's a question [6:52] for you Larry. [6:55] The stream bank stabilization, [6:59] I haven't been out there. [7:03] They show some boulders, [7:04] they show some walls. [7:07] There's not a lot of detail [7:08] on that, how high the wall is [7:10] and all that. [7:11] Is there enough information [7:12] for you [7:13] to know what's going on? [7:15] That is a question that we're [7:16] going to, that is a question [7:17] that was going to be asked [7:19] in the staff report [7:21] in between, and yeah, I do need [7:23] a little bit more detail [7:25] about the wall specifically, [7:27] especially if the wall is [7:28] going, especially wall height, [7:30] because if it's [7:31] over three feet, it needs [7:32] to be designed [7:33] by a professional engineer. [7:35] The scouring areas where they [7:37] are and where they're going [7:38] to place the boulders for, [7:40] well it's really not placing [7:41] boulders, it's kind [7:42] of armor plating, some [7:43] of where the scour is [7:44] from the meander [7:46] of the stream, I mean that's [7:47] fairly evident and that detail [7:48] is in their stabilization, [7:52] but you're right, the wall [7:53] needs a little bit more [7:55] fine-tuning and that's, I'm [7:58] sure that will be asked and [8:00] answered [8:02] before the next meeting. [8:05] The same with the footers [8:06] for the little bridge, [8:10] I don't know if those are just [8:11] like footers that are just [8:13] like for a deck. [8:14] When you see it, you'll see [8:16] what they're talking about. [8:17] They're just going to pour, [8:20] obviously they're just going [8:21] to pour two concrete curbs, [8:25] for lack of a better term, [8:27] that they're going to attach [8:28] to it. [8:29] This isn't a foot, this isn't a [8:31] bridge that's going to be [8:33] for vehicles, [8:34] this is just a bridge [8:36] for pedestrian traffic, it's [8:38] just, and right now, [8:39] I think that what they want [8:40] to do is they want to make sure [8:41] that it doesn't wind up [8:42] downstream, and part [8:44] of the process of doing this, [8:46] what I would be also [8:47] recommending is how are they [8:48] going to anchor it or at least [8:49] tether the bridge should a [8:51] flash flood come by, [8:53] that the bridge is, that [8:54] footbridge doesn't become [8:56] something clogged [8:57] in a culvert downstream. [9:01] Thank you. [9:02] Gary. [9:03] Any other questions [9:04] from commissioners? [9:05] Is the, [9:06] where the improvements are [9:07] going in, is there a flood zone [9:08] that extends out [9:09] from the creek? [9:13] There's not currently shown a [9:14] flood zone. [9:15] Okay. [9:16] It's unshaded accent on FEMA, [9:18] or? [9:19] There's a wetland line that's [9:21] been depicted, [9:22] but no flood zone. [9:23] Okay. [9:24] It's picked up by the CRIR. [9:25] On the firm map, it doesn't, it [9:27] does not say that there's a [9:28] flood zone. [9:30] Okay. [9:33] Any other questions, comments, [9:36] if there aren't any, [9:38] if someone could make a motion [9:39] to table [9:40] to the next meeting. [9:43] All right. [9:44] We'll make a motion. [9:45] We table regulated activity [9:46] 1261 for Chambers Road until [9:48] the next regularly scheduled [9:49] meeting, which is the 25th of [9:51] February. [9:54] Second. [9:55] All those in favor? [9:57] Aye. [9:58] Opposed? [9:59] Thank you. [10:00] Thank you. [10:02] (Inaudible). The application is [10:10] not completed so the applicant [10:13] has decided to wait this evening [10:16] and submit a full application. [10:18] So we will have to make a motion [10:20] if the application is not [10:21] complete and vote on it next [10:24] meeting. (Inaudible) is in Utah [10:27] right now on vacation, I spoke [10:29] with him yesterday, saw the [10:31] report, this is on the previous [10:33] subdivision. [10:37] And I said I'd like that [10:38] revisited. [10:40] Are there multiple lots [10:41] associated [10:42] with the proposed development? [10:44] Ten. [10:45] Ten? [10:46] Ten. [10:47] We can't talk about it. [10:49] We're not talking [10:50] about it tonight. [10:51] It's not a completed, [10:52] this is coming down the pipe, [10:53] but yes, this is a subdivision [10:54] application. [10:58] Are you talking [10:59] about the future is going to, [11:00] they want to break it down [11:01] into ten lots? [11:02] Well, again, we can't talk [11:03] about that. [11:04] We're not talking [11:05] about it tonight. [11:06] The application is different [11:07] than what's submitted, [11:09] so we need to vote [11:11] on that it's not. [11:12] We need additional information [11:13] at this point. [11:14] Thank you. [11:15] Mr. Chairman, I'll make a [11:16] motion [11:17] to table regulated activity [11:18] 12. [11:19] I know. [11:20] You don't accept the [11:21] application. [11:22] Yeah. [11:23] Okay. [11:24] We need a motion that the [11:25] application is not complete. [11:26] Okay. [11:27] We move on. [11:28] Good deal. [11:29] Do we have a second? [11:30] Second. [11:31] All those in favor? [11:32] Aye. [11:33] Opposed? [11:34] Thank you. [11:35] Old business. [11:36] We have regular activity [11:37] 1258, 227-297. [11:40] So move. [11:44] Chairman and Commissioner. [11:47] Oh, this one's on. [11:48] There we go. [11:49] My name is Charles [11:50] Lichtenauer. [11:51] I'm an attorney with Chipman [11:52] Mizuko Emerson located at 44 [11:53] Old Ridgebury Road in [11:54] Danbury. [11:56] I represent the owner [11:57] of the property, [11:59] and I'm here tonight with [12:00] Jamie LaGiudice from Insight [12:01] Engineering and Daniel Knight [12:03] from Morphar. [12:05] We received the staff report [12:06] dated February 9th [12:08] from staff, and we appreciate [12:09] staff's thorough review and the [12:12] recommendation that with the [12:14] appropriate measures and [12:15] conditions in place, [12:17] the project will not result [12:18] in significant impacts [12:20] to wetlands or waterways. [12:23] Our team is generally agreeable [12:25] with the conditions, but we'd [12:27] like to make one request [12:29] for a modification. [12:31] And our team would like [12:32] to see the modification [12:34] from five years to three years [12:36] with respect [12:38] to condition four. [12:39] And that would be so that our [12:40] monitoring and our [12:42] documentation requirements are [12:44] consistent with Southeast's [12:46] requirements. [12:47] And that is our only comment. [12:50] So I will open the floor [12:52] to conversations with our [12:54] project engineer and owner, [12:56] myself, [12:58] but that's our only comment. [12:59] So thank you very much, [13:00] Larry, for your report and [13:02] for the diligent conditions [13:05] of approval. [13:06] And I'll leave it at that. [13:07] Thank you. [13:10] I will open this up for [13:12] discussion with the [13:13] commissioners, anybody has any [13:15] questions? Make any comments. [13:20] I did, and I have one question [13:22] to their comment. [13:24] They want to reduce the [13:25] five-year monitoring [13:26] post-complete [13:27] of the project. [13:29] Is that what he said? [13:31] Post, you know, I didn't, I'm [13:34] sorry, [13:35] I didn't understand what. [13:36] The five, the condition four [13:38] states, the invasive species [13:39] removal plan shall be [13:41] implemented and the area [13:42] monitored [13:43] for five growing seasons. [13:45] Okay. [13:46] And they would like to change [13:47] that [13:48] to three growing seasons. [13:50] Okay. [13:51] I said five only because I [13:52] chose five, and my reasoning [13:56] was that the area that the area [14:00] of Barbary that they're [14:01] removing is massive. [14:03] We walked through that when we [14:04] were there. [14:06] And that three years, [14:07] you're just going [14:08] to start seeing a little bit [14:09] of growth. [14:11] In my opinion, three years, you [14:12] just start seeing if it's kind [14:14] of bounced back. [14:15] You're going [14:16] to start seeing a little bit [14:17] of growth, and then it's going [14:18] to wind up being ten years [14:20] from now, [14:21] it'll wind up being fully full [14:22] of Barbary again. [14:24] So in five years, it gives [14:25] them, in my opinion, five [14:28] years, and I will, [14:30] obviously it's just a changing [14:31] of a wording in the approval, [14:33] however, [14:34] it's something that we're [14:38] trying to make it that the [14:41] plants that they're planting in [14:43] these areas can harden and [14:45] maintain and out-compete the [14:48] Barbary, which has really taken [14:50] over a large portion [14:51] of that wetland. [14:53] And if the agency feels that [14:55] three is sufficient, I'm okay [14:57] with that, too. [14:58] I got to follow up [14:59] with my question, though, [15:00] but they, I'm sorry, you [15:01] referenced, [15:02] I don't remember your name [15:03] already, you referenced that [15:05] to comport with, [15:06] I think you said comport with [15:07] Southeast regulations. [15:09] So they have a three-year [15:10] monitoring? [15:11] Is that the idea? [15:12] Correct. [15:13] Is that what you're just trying [15:14] to make them both the same? [15:15] Correct. [15:19] Okay, just a question, [15:20] hypothetically, I can [15:21] understand the monitoring and [15:22] maybe you don't want [15:23] to send pictures back [15:24] in every year [15:25] after three years, but if [15:26] in five years you start [15:27] to see an infestation of [15:30] Barbary back [15:31] into your driving range, [15:34] what are you going [15:35] to do? [15:36] I mean, I'm assuming you're not [15:37] just going to say, oh, look, [15:38] there's Barbary and let it go, [15:40] but what is that, [15:41] not necessarily reporting back [15:44] to us as [15:45] to what the status is, but [15:46] what's your standard management [15:48] practice if you start [15:49] to see that pick up again? [15:53] So that would be part of the [15:54] overall golf course management [15:55] plan, so they, [15:57] they're not going to let [15:58] Barbary just kind of take [15:59] over the driving range, [16:01] it defeats the point [16:02] of the driving range, but that [16:03] would be included as part [16:05] of their management plan, [16:06] but their overall operations, [16:10] so it would be maintained. [16:11] And my other reasoning [16:13] behind that is, is that they [16:15] are limiting their invasive [16:17] removal to the area where [16:19] they're doing work and not the [16:24] entirety of the wetland, and [16:28] it's inevitable that that area [16:29] is going [16:30] to revert back. [16:31] I'm trying to make it, the five [16:33] years is that if we have it and [16:34] they maintain it, but again, [16:37] this is not my decision, [16:39] it's your decision, and if the [16:40] agency thinks that marrying [16:42] with what Southeast does is [16:44] appropriate, [16:45] then so be it. [16:54] I'm on, okay, I think I'm [16:56] personally uncomfortable just [16:58] marrying it because that's what [16:59] Southeast does, but [17:00] from your perspective, five [17:03] years is a more robust and [17:05] ensuring it, however, you've [17:07] also just described the fact [17:09] that they have a seedbed just [17:11] outside the area, [17:12] which is still going [17:13] to be full of Barbary, and it's [17:14] right there. [17:16] Okay. [17:19] Okay. [17:20] We didn't require that the [17:21] entire wetland be mitigated [17:22] of Barbary, okay, because that [17:24] would be an undertaking that we [17:25] wouldn't ask to do anyway, [17:27] okay, that would be [17:28] astronomically expensive as [17:30] it's not prudent or feasible, [17:32] however, what we, you know, if [17:34] we can make it the areas that [17:38] are visible and are going [17:41] to be utilized, again, [17:44] I have no objection to three, [17:46] okay, but knowing that their [17:49] maintenance program is going [17:50] to be that they're going [17:51] to maintain the driving range, [17:54] once the driving range is [17:55] complete, [17:56] I'm really not that concerned [17:57] about the driving range, [17:58] I'm concerned about the [17:59] periphery and the wetlands [18:01] on the outskirts [18:02] of the driving range, and so, [18:04] you know, it's going to be, [18:05] it's also utilized [18:08] for good scientific research as [18:11] to what we see, what we [18:12] monitor, what we saw [18:13] from the beginning, [18:15] and I might be able [18:16] to write a paper about that, [18:17] about, you know, golf course [18:19] improvements, [18:20] which is what we talked [18:21] about when we were out there, [18:22] you know, [18:23] so the golf course is just [18:26] another, [18:27] it's just a technical term [18:28] for turf management, [18:31] that's what they do, they [18:32] manage the turf and they manage [18:34] the environment, [18:36] I'm just trying [18:37] to set some parameters, again, [18:39] I have no objection to three, [18:41] and you know, if necessary, [18:43] you know, if it comes in, you [18:45] know, they're not going [18:46] to get their bond release until [18:50] everything is taken care of, [18:52] and the plantings that they do, [18:55] it's got [18:56] to be an 80% success rate [18:59] after five years, three years, [19:01] whichever way that, [19:02] whichever number you guys agree [19:04] to, so that's the way that that [19:07] is and that's fine, [19:09] that's okay [19:10] with me. [19:11] I'm just listening to different [19:12] comments, I mean, [19:13] what I'm hearing from Larry is [19:16] we're only just going [19:17] to see how it's doing [19:19] after three years, [19:21] and the only reason not [19:22] to do it is to be the same as [19:23] Southeast, I just assume then [19:28] stay with the five, [19:29] because there's a staff there, [19:32] a good staff, [19:34] this is a good way [19:36] to make sure we're going [19:37] to get what has been promised, [19:39] so I'm not an expert [19:42] on these plants, [19:45] other people know more, [19:47] but I'm just going [19:48] by what people are telling me, [19:51] so. [19:55] If I may, Mr. Chairman, [19:58] Commissioners Harreld and [19:59] Dufel, completely understood [20:03] with respect to your reasoning [20:04] behind the five years, and [20:06] after discussion [20:07] with the owner, [20:08] we will concede [20:09] to the five years, [20:10] we don't have a problem [20:11] with that, it would be nice [20:13] to have consistency, but we [20:14] understand staff's arguments, [20:17] and so with the conditions [20:19] of approval shown [20:21] on the staff report, we are [20:23] hoping and requesting that this [20:25] commission will approve the [20:26] application this evening. [20:27] Thank you very much. [20:31] Solves that? [20:33] Any other questions, comments, [20:37] or is anybody interested in [20:40] making a motion? [20:41] I'll make a motion we approve [20:42] regulated activity 1258 for [20:48] Morphar Golf Course, and [20:50] with the stipulations noted [20:51] in the staff report. [20:54] Do we have a second? [20:55] Second. [20:56] All those in favor? [20:57] Aye. [20:58] Opposed? [20:59] Thank you. [21:00] Thank you, Mr. Chairman. [21:03] Thank you. [21:05] Good. [21:06] Next item on the agenda is [21:07] 1260 Ann Albert Road. [21:15] Hi, Marissa Bablako, I'm the [21:16] homeowner. [21:17] I read through the staff [21:18] report, happy [21:19] to provide a bond and plant 15 [21:22] plants. [21:23] Larry sent over a list of [21:24] approved shrubs. [21:25] I found one that was non-toxic [21:27] to dogs, and it looks great, [21:29] so happy [21:30] to meet all the conditions [21:31] of the report. [21:37] Do we have a motion to review [21:40] the report and the commission? [21:50] I'm doing it. [21:54] The suspense is killing us. [21:55] Okay, I make a motion we accept [21:57] regulated activity 1260 [22:00] with the specifications noted [22:03] in the staff report, [22:05] and approve the request, [22:07] approve the... [22:10] Do we have a second? [22:11] Second. [22:12] All those in favor? [22:13] Aye. [22:14] Opposed? [22:15] Thank you. [22:16] Thank you. [22:19] We don't have any applications [22:22] for administrative approval, [22:24] staff actions, violations. [22:29] Anything there? [22:31] As far as the violations, [22:32] we are in contact with council [22:35] about a few of these, [22:37] and there will be news coming [22:40] in the not-too-distant future. [22:43] Larry, I'm [22:45] in the work group. [22:46] Okay, working group updates, [22:48] we met last week. [22:51] Yeah, last Wednesday. [22:54] Wednesday, Thursday? [22:55] Was it Thursday? [22:56] Yes, right, it was Thursday, [22:57] Thursday the 5th, [22:59] not the 4th. [23:01] And reviewed the edited version [23:05] of the regulations, [23:07] made a few minor changes [23:10] for clarification [23:11] on what's written in there. [23:12] Next step is to update that [23:18] version and send it out [23:19] for review. [23:20] So this will be the existing [23:23] Danbury regulations showing all [23:26] of the edits and using the [23:29] trace function in the Word [23:30] document for everybody [23:32] to review, and we will meet. [23:36] The crux of the revision is [23:39] that the fee schedule is taken [23:41] out of the body [23:43] of the regulation and made [23:44] into an appendix. [23:46] The fee schedule is also going [23:47] to be distributed to everybody [23:48] so that this way then you can [23:50] review it and make comments, [23:53] and then the next steps that we [23:54] have is to have it reviewed [23:57] by the Corporation Council, [23:59] just because they have [24:00] to review all changes, [24:01] and then after it goes [24:03] to the DEP for their review and [24:05] final blessings of it. [24:08] Then we will have [24:11] to publish it in the paper. [24:13] That's part [24:15] of the requirements. [24:16] Okay, so proposing to meet, I [24:19] think, like Tuesday, February [24:21] 24th? [24:23] Sure, that works for me. [24:24] Okay, at 4 o'clock? [24:28] 4 o'clock. [24:29] I serve at your pleasure. [24:30] You guys tell me when you can [24:32] do it. [24:33] And whoever can make that, [24:34] we'll start, you know, [24:35] we'll go [24:36] over the complete document. [24:39] Okay? Great, thank you. We have [24:49] no correspondence. Do we have a [24:50] motion to adjourn? Who wants [24:54] to adjourn? Make a motion we [24:59] adjourn. Do we have a second? [25:02] Second. All those in favor? [25:04] Aye. Aye. Opposed? [25:13] Thank you, everybody. [25:14] I hope you have a good [25:15] Valentine's Day.