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NORWALK HARBOR MANAGEMENT COMMISSION MINUTES

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JUNE 22, 2005

ATTENDANCE: Tony Mobilia, Chairman; Pat Clark; Henry Palau; Tony D’Andrea; Richard Ramsey; Jack Callahan; Jason Farrow; Dr. John Pinto

STAFF: Derick DeMarche, Planning and Zoning

OTHERS: Geoff Steadman, Consultant; Mike Griffin, Harbormaster


CALL TO ORDER

The Chairman called the meeting to order at 7:33 PM.

APPROVAL OF MINUTES FROM MAY 25, 2005

The following change was made to the minutes:

Page 2: Finance: Fifth paragraph: Mr. Ramsey thanked Mr. Griffin and Dr. Pinto for
his donation ……..

** MR. PALAU MOVED APPROVAL OF THE MINUTES OF MAY 25, 2005 AS
SUBMITTED.
** MR. CALLAHAN SECONDED.
** MOTION PASSED UNANIMOUSLY.

CHAIRMAN’S REPORT

Letters and comments

Mr. Mobilia reported that a few letters were sent out this month. One letter was sent to Gina McCarthy to thank her for her remarks at the press conference for dredging and to ask her for another meeting. He also sent her a copy of the 2004 Harbor Management Commission’s Annual Report. Mr. Mobilia thanked Mr. Steadman for doing a fantastic job in putting the Annual Report together. He added that copies of the Annual Report are also going out to city officials.

Mr. Mobilia thanked the Commissioner’s who attended the press conference on dredging on June 6th at Devine Brothers. He stated that it went well and it gave Norwalk great publicity and notice
throughout the press and media. Mr. Mobilia pointed out that there was an article in The Hour on the dredging project and noted that it was also on Congressman Shay’s website.

Harbor Management Commission
Regular Meeting of June 22, 2005
Page 1
Mr. Mobilia reported that a letter was sent to DEP for the application from Michael Gray that was previously reviewed. He stated that the Shellfish Commission reviewed the application and a letter was now being sent to DEP again.

Mr. Mobilia reported that a letter was sent to DEP for issues the Commission had regarding the process for approving COP’s and Ms. Clark would review this later.

ADMINISTRATIVE BUSINESS

Mr. Mobilia reported that a 1 ½ weeks ago he received an email from Jessica Kaplan who wanted to know if the Commission was interested in having a seat on the Watershed Initiative. He stated that he discussed this with Mike Greene, who represents the City on it, and he felt they should explore it as the Commission’s interest would be well served there. Mr. Mobilia continued that the Watershed Initiative had met and some members felt that there should not be two members from a municipality serving on it. They tabled the voting until their next meeting.

Discussion followed on whether the Commission should pursue this. Mr. Steadman suggested that a letter be written to the Co-Chairs expressing the interest of the Commission.

** MR. PALAU MOVED THAT THE SENSE OF THE NORWALK HARBOR
MANAGEMENT COMMISSION WAS THAT THEY ATTEMPT TO HAVE A
SEAT ON THE NORWALK WATERSHED INITIATIVE.
** MR. PINTO SECONDED.
** MOTION PASSED UNANIMOUSLY.

COMMITTEE REPORTS

A. FINANCE - Ramsey

Mr. Ramsey distributed the June 2005 financial report. He stated that it included all expenditures to date with the exception of payroll costs. Mr. Pinto asked if the interest income was updated and Mr. Ramsey reported that it was $53.03 through 4/30/05.

B. APPLICATION REVIEW - Clark
1.2005-08: Scott & Lori McNulty, 22 Ensign Road, Rowayton.
Application to CT DEP and ACOE for work at 20 Old Wharf Road,


Rowayton. Proposal includes construction of a timber pier, aluminum ramp, and a pile-supported timber float at a private residence on Pine Point in Rowayton to provide access for boating, swimming, water-based activities.

Harbor Management Commission
Regular Meeting of June 22, 2005
Page 2
Ms. Clark pointed out the property on Bell Island on a map and stated that it was a private residence. She stated that the structure will be well removed from the beach area and is designed to be a drop-off and pick-up and a temporary berthing spot. She stated that she saw no problem with the application.

** MS. CLARK MOVED THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS APPLICATION TO CT DEP AND ACOE BY SCOTT & LORI MCNULTY, 22 ENSIGN RD., ROWAYTON, FOR WORK AT 20 OLD WHARF ROAD, ROWAYTON INVOLVING CONSTRUCTION OF A PIER, RAMP, FLOATING DOCK AND PILES IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN AND MOVE TO RECOMMEND FAVORABLE ACTION.

** MR. PALAU SECONDED.
** MOTION PASSED UNANIMOUSLY.

2. 2005-09: City of Norwalk, Redevelopment Agency, 125 East Ave
CT DEP #200500055-KB Notice of Intent to Waive Requirement for Public Hearing. Proposal is for work on the East side of North Water Street. Proposed activity involves removal of 3 derelict wood piles, retain an existing stone riprap area, excavate approximately 4 cu yds of substrate, retain and remove an existing combined flow outfall pipe, and install a new stormwater outfall pipe for municipal use.

Ms. Clark stated that the Application Review Committee tried to decipher the drawings and since then Mr. Steadman had gone out to investigate. Mr. Steadman reported that there was an existing combined outfall pipe and the benefit of doing this is that it will be replaced with a new stormwater outfall pipe. Ms. Clark added that it would be a bigger stormwater pipe dedicated to stormwater outfall and would not be tied into other draining from the City.

** MS. CLARK MOVED THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS APPLICATION TO CT DEP 200500055-KB BY CITY OF NORWALK REDEVELOPMENT AGENCY, 125 EAST AVENUE, FOR WORK AT EAST SIDE OF NORTH WATER STREET INVOLVING CONSTRUCTION OF NEW STORMWATER OUTFALL PIPE IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN, AND MOVE TO RECOMMEND FAVORABLE ACTION WITH THE FOLLOWING CONDITION:

1) TO INCORPORATE THE NHMC STANDARD LANGUAGE REGARDING STORMWATER MANAGEMENT.

** MR. PINTO SECONDED.
** MOTION PASSED UNANIMOUSLY.

Harbor Management Commission
Regular Meeting of June 22, 2005
Page 3
3. 2005-07 CT Dept of Transportation for work at Stroffolino Route 136
Bridge. Reprise

Ms. Clark pointed out the concern that the Route 136 bridge work might impact the dredging project by holding it up. She also believed that ConnDot did not have the funds to begin the work in 2005. She stated that she would like to send two letters out from Mr. Mobilia that were discussed at the Application Review Committee meeting. The first was to Ms. Judy Yee, Bridge Management Specialist, 1st Coast Guard Division which states that the Commission considered this matter at its June 22, 205 meeting and made a motion requesting that the proposed bridgework be done so as not to impose any restrictions on the planned dredging of the Norwalk Harbor.

** MS. CLARK MOVED THAT THE NORWALK HARBOR MANAGEMENT COMMISSION REQUESTS THAT THE U.S. COAST GUARD REQUIRE THAT THE PROPOSED WORK BY THE CT DEPARTMENT OF TRANSPORTATION FOR REHABILITATION AND PAINTING OF THE ROUTE 136 BRIDGE AT NORWALK, CONNECTICUT BE CONDUCTED IN A MANNER SO AS NOT TO IMPOSE ANY SIGNIFICANT RESTRICTIONS ON THE PLANNED FEDERAL MAINTENANCE DREDING OF THE NORWALK HARBOR FEDERAL NAVIGATION PROJECT.
** MR. PALAU SECONDED.

It was discussed that the word “significant” should be removed from the letter and the Motion.

** MS. CLARK AMENDED THE MOTION TO REMOVE THE WORD
“SIGNIFICANT” FROM THE PREVIOUS MOTION.
** MR. PALAU SECONDED.
** MOTION PASSED UNANIMOUSLY.

In addition, it was noted that in the bid package from the DEP to contractors it was mentioned that further specifications were to include four ten day bridge closures.

Ms. Clark stated she would add in the letter to Ms. Yee so it will read that the specifications to contractors issued by the DOT included provisions for four 10 day bridge closures.

Ms. Clark then reported that a motion was made at the last meeting to send a letter to Peter Francis at the DEP regarding the review of applications to the DEP OLISP for projects affecting Norwalk Harbor, including COPS. She reported that Charles Evans wrote to Dr. Pinto on January 18, 2005 stating that although the COP procedure requires the applicant to provide a copy of the COP application to the local harbor management commission, he did not believe there was a legal/procedural if the applicant did not do so.

Harbor Management Commission
Regular Meeting of June 22, 2005
Page 4
Ms. Clark reported that an example of the COP procedure not being followed and having adverse effects is now being shown with the proposed Route 136 bridgework. She stated that it was never brought to the Commission’s attention and noted that the navigation channel may be closed for several significant blocks of time, thereby jeopardizing phase one of the maintenance dredging of the Norwalk Harbor Federal Navigation Project. This would result in significant costs to the City of Norwalk and the Federal Government. Ms. Clark stated that the letter will be sent from Mr. Mobilia and they will await Mr. Francis’ response.

Ms. Clark asked to suspend the rules to add an item to the agenda.

** MR. MOBILIA MOVED THE SUSPENSION OF RULES TO BRING A NEW
ITEM TO THE AGENDA.
** MOTION PASSED UNANIMOUSLY.

2005-10: To CT DEP and ACOE by South Norwalk Boat Club, 16 Mack Street, South Norwalk for work at same involving extensions of C& D docks, additional finger piers, relocation of 2 floats, widening a dock, work in front of clubhouse.

Ms. Clark stated that this application slipped between the cracks and never came before the Commission. She stated that it is a full permit application. Ms. Clark then pointed out the work being proposed on a site map/surveyor’s drawing. She noted that the closest point of any water structure is a minimum of 25 feet and that a 20 foot setback requirement is there. She continued that to the north there is a 38 foot distance between the abutting neighbor and to the south there is a greater than 99 foot distance between the closest finger pier and the dock. She stated that there is no encroachment from the south and that all work is to the east.

Ms. Clark reported that a Public Notice was sent out by the DEP and no notice was given to the Harbor Management Commission. She stated that a property owner to the south contacted the DEP and raised an objection about extending the C and D docks. A letter was also sent to Mike Griffin, Harbormaster, from Hans van der Glessen, Fleet Captain and Chair of the Marina Committee, South Norwalk Boat Club who asked that the legal status of the dock structures be looked into.

** MS. CLARK MOVED THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS APPLICATION TO CT DEP & ACOE 2005-10 BY
SOUTH NORWALK BOAT CLUB, 16 MACK STREET, SOUTH NORWALK FOR WORK INVOLVING EXTENSIONS OF C & D DOCK, ADDITIONAL FINGER PIERS, RELOCATION OF 2 FLOATS, WIDENING A DOCK, WORK IN FRONT OF CLUBHOUSE IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN, AND MOVE TO RECOMMEND FAVORABLE ACTION WITH THE FOLLOWING CONDITIONS:

Harbor Management Commission
Regular Meeting of June 22, 2005
Page 5
1) NO IN-WATER STRUCTURE SHALL ENCROACH INTO THE 20’ SETBACK FROM THE CHANNEL AND NO VESSEL BERTHED TO THESE STRUCTURES MAY ENCROACH INTO THE 10’ SETBACK.

** MR. FARROW SECONDED.
** MOTION PASSED WITH FIVE IN FAVOR AND THREE OPPOSED (MR. D’ANDREA, MR. PALAU, MR. CALLAHAN).

Mr. Palau, Mr. D’Andrea and Mr. Callahan stated that they did not participate in the discussion and abstained from the vote.

Ms. Clark requested a suspension of the rules to add an item to the agenda.

** MR. MOBILIA MOVED TO SUSPEND THE RULES TO ADD AN ITEM TO THE AGENDA.
** MOTION PASSED UNANIMOUSLY.

Ms. Clark suggested that a letter be written to the DEP from the Harbor Management Commission expressing concerns that the existing structure is not consistent with the certificate provided.
OTHER BUSINESS

C. WEB PAGE/NEWSLETTER - Farrow

Mr. Farrow stated that he met with Mr. Mobilia and Mr. Cebrian on the website and it is being updated. He reported that the newsletter was shaping up and spoke to the Norwalk Boat Club about having something in the newsletter about expanding the marine police unit. He stated that August 31 is the deadline for comments to the newsletter.

D. BOATING AND HARBOR SAFETY – Farrow

Mr. Farrow reported that he had a meeting with Mr. Mobilia and Michael Greene to review the process of coming up with a proposal for ballpark lights and navigation upgrades.

E. WATER QUALITY COMMITTEE - D’Andrea

Mr. D’Andrea distributed his report and highlighted that Lynn and Sarah were introduced to the Committee, two interns gave an overview of the harbor, and red tide occurrences were discussed.

F. PLANS AND RECOMMENDATIONS – Callahan

Mr. Callahan stated there was no report this evening.


Harbor Management Commission
Regular Meeting of June 22, 2005
Page 6
G. DREDGING - PINTO AND DREDGING COMMITTEE (Mobilia, Griffin, Steadman)

Dr. Pinto reported that the Army Corps sent the contract to the City for the dredging project which should be signed before July 1st. He stated that the Mayor requested a public signing sometime in July.

H. WATERFRONT FACILITIES ADVISORY - GRIFFIN

Mr. Griffin distributed his report and highlighted that there was $8,000 from the DEP for the Clean Vessel Act. He stated that Michael McKay of the Advisory Committee would like to speak at the July meeting.

NEW BUSINESS

There was no New Business to discuss.

STAFF REPORTS

A. PLANNING AND ZONING – Mr. Greene/Mr. DeMarche

Mr. DeMarche stated that if anyone needed additional copies of the Annual Report he had some. He also reported that copies of the Annual Report will be sent out to politicians and the DEP.

B. HARBOR MASTER – Mr. Griffin

Mr. Griffin distributed his report and stated that they were in good shape.

** MS. CLARK MOVED APPROVAL OF THE HARBORMASTER’S REPORT.
** MR. D’ANDREA SECONDED.
** MOTION PASSED UNANIMOUSLY.

C. CONSULTANT – Mr. Steadman
Mr. Steadman stated that he would report on the Harbor Management Plan at the next meeting. He reported that the Harbor Management Association met with representatives of the Coast

Guard last week and the Coast Guard is establishing a computer system for private needs of navigation.

OTHER COMMENTS

Mr. Mobilia thanked Mr. Steadman for his superb work on the Harbor Management Commission’s Annual Report.


Harbor Management Commission
Regular Meeting of June 22, 2005
Page 7

ADJOURNMENT


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

The meeting was adjourned at 9:45 PM.


Respectfully submitted.


Donna Devito
Telesco Secretarial Services

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