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NORWALK HARBOR MANAGEMENT COMMISSION MINUTES

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MAY 25, 2005

ATTENDANCE: Tony Mobilia, Chairman; Pat Clark; Henry Palau; Tony D’Andrea; Richard Ramsey; Jack Callahan; Jose Cebrian (7:35 pm); Dr. John Pinto (7:35 pm).

STAFF: Derick DeMarche, Planning and Zoning

OTHERS: Geoff Steadman, Consultant; Mike Griffin, Harbormaster; Linda Bally; John Frank, Shellfish Commission

CALL TO ORDER

The Chairman called the meeting to order at 7:30 pm.

APPROVAL OF THE MINUTES

The following correction was made to the minutes of April 27, 2005:

Page two, under Finance insert “reimbursement for” (before travel).

** MR. PALAU MOVED APPROVAL OF THE MINUTES AS CORRECTED.
** MR. D’ANDREA SECONDED.
** MOTION PASSED UNANIMOUSLY.

CHAIRMAN’S REPORT

Mr. Mobilia referred to recent newspaper articles regarding the dredging issue especially the relationship between Connecticut and New York.

Mr. Cebrian and Dr. Pinto joined the meeting at 7:35 pm.

Mr. Mobilia continued to say that two letters had been sent out this month to the DEP regarding work at 18 Rocky Point Road and for work at 1 Rocky Point Road.

In the editorial section of The Advocate newspaper, Mr. Mobilia mentioned a one-sided article regarding water quality; he noted that he and the Chairman of the Shellfish Commission did write a letter in response to this.

Finally Mr. Mobilia indicated that Mr. Greene (Director of P&Z) had handed him a form for funding from NOAA for local fisheries projects. He asked for Commissioners to think of any ways in which this money could be used.

Discussion ensued.

ADMINISTRATIVE BUSINESS

There was none this evening.

COMMITTEE REPORTS

A. FINANCE – Mr. Ramsey

Mr. Ramsey distributed the May 2005 budget and thanked Mr. Griffin for bringing in funds. He noted that this budget also reflects monies from Bloom Bros. This budget is reflective of the same estimated figure for Water Quality – he went through the figures.

Mr. Cebrian asked if the carry-over figure is a one time figure.

Mr. Ramsey noted that it is the balance from the previous year and it is what is left over from last year’s funding.

There was discussion regarding the shortfall for next year and incoming funds.

** MR. CALLAHAN MOVED APPROVAL OF THE 2005 BUDGET.
** MS. CLARK SECONDED.
** MOTION PASSED UNANIMOUSLY.

Finally referring to the David S. Dunavan Memorial Fund, Mr. Ramsey thanked Mr. Griffin and Dr. Pinto for matching the funds from the city noting that there is now a positive balance in the account.

B. APPLICATION REVIEW – MS. Clark

1. 2005-02: Michael Gray, 30 Shorehaven Road, Norwalk (cont)
CT DEP Notice of Tentative Determination (#20041342-SB) for proposal to construct a pier, ramp, and floating dock at the same address. Previously reviewed February ’05.

Ms. Clark noted that this application had been previously seen in February when it was approved with a condition that the Shellfish Commission also reviews the application. She referred to a map of the area and introduced Linda Bally, agent for the application. In the interim this application has come back; although there are no changes to the application itself there are now comments from the Shellfish Commission. Ms. Clark read John Frank’s letter noting that the proposed work would have a direct impact on shellfish resources in that area. Ms. Clark noted that the applicant is calling for a floating dock and at low tide this will be resting on the bottom that will inflict damage to the shellfish beneath. She said after considering this the Application Review Committee referred to the policies of the Harbor Management Plan and this stated that new structures should not affect shellfish resources in the area. Ms. Clark went on to say that the Committee reviewed all information for a second time and put forth the following.

** MS. CLARK MOVED THAT THE APPLICATION REVIEW COMMITTEE MOVES TO RECOMMEND THAT THE HARBOR MANAGEMENT COMMISSION FIND APPLICATION 20041342-SB BY MICHAEL GRAY, 30 SHOREHAVEN ROAD, NORWALK FOR WORK AT THE SAME ADDRESS INVOLVING THE CONSTRUCTION OF PIER, RAMP AND FLOATING DOCK IS NOT CONSISTENT FOR THE FOLLOWING REASONS:

1. BASED ON COMMENTS RECEIVED FROM THE SHELLFISH COMMISSION EXPRESSING DEEP OBJECTIONS ABOUT THE IMPACT OF A STRUCTURE AND A VESSEL RESTING ON THE BOTTOM IN AN AREA OF SHELLFISH RESOURCES.

** MR. PALAU SECONDED.

There was brief discussion on moving the dock outwards.

Ms. Bally explained her applicant’s ideas including all the suggestions made to minimize any impact on the shellfish beds noting that there are now no other alternatives.

There was further discussion on alternatives.

Ms. Clark commented that the Commission in not in a position to receive an alternative approach as there is a motion on the table.

Ms. Bally noted her appreciation of the feedback she has received.

Mr. Steadman added that regardless of alternatives this is still a valuable shellfish resource area.

Ms. Bally said that she had heard of the valuable shellfish beds in the area, however she noted that she had not seen any scientific back up to support this claim.

Mr. Griffin reiterated that unless there are specific questions about this specific application they were not in a position to discuss this. He said they do have a Plan based on regulations and if there are any shellfish resources in the area the Commission is obligated to find it inconsistent. He added that it is not part of the Commission’s jurisdiction to determine how important the shellfish beds are – the DEP is the agency to issue a decision.

Mr. Steadman referred to another recently reviewed application that had received similar wording.

Discussion ensued.

** MOTION PASSED UNANIMOUSLY.

2. 2005-07: CT Dept of Transportation for work at Stroffolino Route 136 Bridge - Notice of COP issued 2003

Ms. Clark indicated that this is not such a huge problem as they had originally anticipated. She referred to the above notice that work on the bridge could include four, ten days of closure of the river during the period of time that the dredging is going to start. As it turns out there is no money in the budget for the work to commence this year.

Mr. Steadman stated that this could have been a very big deal and suggested the Chair write a letter to the DEP as an example.

In addition to the previous two applications, Ms. Clark noted that she had reviewed comments for the Mid-Harbor Plan and all the concerns of this Commission have been included. She also noted that there are several large structures in place just south of the South Norwalk Boat Club saying that they had not received applications regarding this.

Mr. Steadman indicated that he had called the DEP and they could not find the permits for the above-mentioned structures. He suggested that they send copies of the photographs taken.

Ms. Clark asked for a suspension of the rules to add an item to the agenda. There were no objections.

Mr. Mobilia referred to the Smith Street project and from the waterside it looks like public access has been cut off. He said that he had spoken with Mr. Greene about this and it was apparent that the city has abandoned Smith Street.

Mr. Griffin questioned now a street could be abandoned.

Ms. Clark asked if a public hearing was required to do this. She stated that part of the approval process for this was the inclusion of public access. She asked Mr. DeMarche to follow up on this noting her concern that this will set a dangerous precedent.

Discussion ensued regarding King Industries.

Ms. Clark commented that when the city makes a change this Commission should have the right to re-review the previous applications.

Mr. Palau suggested the problem regarding the abandonment of streets lies with the DPW.

Further discussion ensued.


C. WEB PAGE/NEWSLETTER – Mr. Farrow

Mr. Mobilia indicated that he had met with Mr. Farrow and Mr. Cebrian to bring them up to date.

D. BOATING AND HARBOR SAFETY – Mr. Farrow

There was no report this evening.

E. WATER QUALITY COMMITTEE – Mr. D’Andrea

Mr. D’Andrea noted that he had emailed his report to all Commission members. He thanked the chairmen of this Commission and the Shellfish Commission for their letters to The Advocate (as mentioned earlier).

There was brief discussion of money from the Health Department for the Water Quality interns.

F. PLANS AND RECOMMENDATIONS – Mr. Callahan

There was no report this evening.

G. DREDGING – Dr. Pinto

Dr. Pinto stated that the EPA has designated a dumpsite in the Central Long Island Sound. He said they are in the process of finalizing the details of phase one with the DOT, Metro North and the Coast Guards - he acknowledged the help of Mr. Dunavan in the past and of all the current members today. He added that members of the ACOE had visited Norwalk and thanked Mr. Griffin for taking them out on the harbormaster’s boat to show them the underwater utilities and what has to be done.

Secondly, Dr. Pinto mentioned that the CHMA has a meeting on June 3, 2005 to which Gene McCarthy has been invited. He said the focus of the meeting is to show the DEP how the CHMA can help move this forward and act as an ally.

There was discussion regarding funding of the dredging project and cost sharing.

Mr. Mobilia congratulated the members of the dredging team especially Dr. Pinto.

H. WATERFRONT FACILITIES ADVISORY – Mr. Griffin

Mr. Griffin distributed his report and highlighted point two regarding full staffing of the boating center.

NEW BUSINESS

Dr. Pinto indicated that he had received a telephone call from John Nickerson (The Advocate) asking him questions about the generators at the Waste Water Treatment Plan.

Mr. D’Andrea referred to the plans of the Third Taxing District who need to have more capacity so residents don’t get nailed with high charges. He added that he too had received phone calls regarding this matter and had referred them to Mr. Alvord (DPW).

Discussion ensued.

STAFF REPORTS

A. PLANNING AND ZONING – Mr. DeMarche

Mr. DeMarche indicated that he would follow up with Mr. Greene about the concerns regarding Smith Street raised earlier this evening.

Mr. Palau requested an update in the form of an email.

B. HARBOR MASTER – Mr. Griffin

Mr. Griffin distributed his written report.

** MR. CALLAHAN MOVED APPROVAL OF THE HARBORMASTER’S REPORT DATED MAY 25, 2005 AS PRESENTED.
** MR. D’ANDREA SECONDED.
** MOTION PASSED UNANIMOUSLY.

C. CONSULTANT – Mr. Steadman

Mr. Steadman noted that his report was ready and was similar to that of last years. He read through the highlights. With regard to the update of the Harbor Management Plan he said that he and Mr. Mobilia will be meeting with Marcy Balint (DEP) to have this pushed forward.

OTHER COMMENTS

Mr. Griffin mentioned the increase in the number of visitors at the docks.

Discussion ensued.

Dr. Pinto commented that he was still on the matter of the Deputy Harbor Master and had called many State Representatives noting that he had not received a reply.

Mr. Mobilia thanked Dr. Pinto for his continued effort.

Mr. Ramsey commented that there is now an 8ft long albino alligator at the Maritime Center.

Mr. Mobilia thanked all Commissioners for their input and work.

ADJOURNMENT

** MR. PALAU MOVED TO ADJOURN.
** MS. CLARK SECONDED.
** MOTION PASSED UNANIMOUSLY.

The meeting was adjourned at 9:30 pm.

Respectfully submitted,

Kate Kye
Telesco Secretarial

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