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JULY 27, 2005

ATTENDANCE: Tony Mobilia, Chairman; Jason Farrow; Jack Callahan; Pat Clark; Henry Palau, Vice Chair; Dr. John Pinto; Jose Cebrian; Tony D'Andrea (8:20).

STAFF: Derick DeMarche, Planning and Zoning

OTHERS: Geoff Steadman, Consultant; Mike Mocciae, Director of Recreation & Parks.

CALL TO ORDER

The Chairman called the meeting to order at 7:31 p.m.

APPROVAL OF MINUTES

The following changes were made to the minutes of June 22, 2005:

Page 5: Under item 2005-10: To CT DEP and ACOE by South Norwalk Boat Club, 1st paragraph, 4th sentence: insert "to the federal channel" after the word "structure".

Page 6: Top of the page, motion: change the word "opposed" to "abstained."

Page 6: Under Other Business, item C, Web Page/Newsletter. The paragraph should read as follows: "Mr. Farrow stated that he met with Mr. Mobilia and Mr. Cebrian on the procedure for updating the website. He reported that the newsletter was shaping up and spoke to Sgt. LaPak about having something in the newsletter about expanding the marine police unit. He stated that August 31 is the deadline for copy for the newsletter."

Page 6: Under Other Business, item D, Boating and Harbor Safety. The paragraph should read as follows: "Mr. Farrow reported that he would meet with Michael Greene to review the process of presenting recommendations and invite Mr. Mobilia."

** MS. CLARK MOVED TO ACCEPT THE MINUTES OF JUNE 22, 2005 AS AMENDED.
** MR. PALAU SECONDED.
** MOTION PASSED UNANIMOUSLY.

CHAIRMAN'S REPORT

Mr. Mobilia thanked the Commissioners who attended the press conference at the Maritime Aquarium. He also thanked Mr. Pinto for getting the paperwork and agreements signed and thanked Mike Griffin for the luncheon.


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Harbor Management Commission
July 27, 2005
Page 1
ADMINISTRATIVE BUSINESS

Mr. Mobilia reported that he had sent a letter to Col. Talcott of the Army Corps of Engineers, thanking him for coming to Norwalk. He reported that he had sent out letters to the Watershed Initiative requesting a seat on the board for a Commissioner; the DEP; and a letter to the Coast Guard regarding any conflict with the dredging program, and a letter regarding the in-water structures south of the South Norwalk Boat Club. He reported on the receipt of a letter from the DEP re: Michael Gray dock. He noted that, in spite of the Commission's opposition, they have seen fit to permit the project to move ahead and he thanked them for their interest. Mr. Mobilia also sent thank-you letters to Senators Dodd, Lieberman and Shays regarding the June 6, 2005 press conference.

COMMITTEE REPORTS

A. WATERFRONT FACILITIES ADVISORY - Griffin

Mr. Michael Mocciae, Director of Recreation and Parks, presented a report to the Commissioners and distributed copies of his report.

Calf Pasture Beach: Mr. Mocciae reported that his department was involved in creating a video about Norwalk's beaches from a child's point of view. He noted that over the previous weekend Recreation & Parks had collected approximately $10,000.00 from the gate at Calf Pasture Beach.

Veterans' Park: Mr. Mocciae said the park needs more renovation, more lights, more children's activities such as lacrosse and family activities. He said there are now police officers walking a beat in the park from 3:30 to 9:00 p.m. daily, which has resulted in a lack of bottles and a 50% reduction in trash in the park. He also said there is now a part time maintenance staff at the park.

Mr. Mocciae said he was appearing before the Commission to get their blessing to move ahead with other projects for Veterans' Park. Projects under consideration include a Farmer's Market with the possibility of artists' market and concerts on Friday nights. Also being explored is a large dock for commercial fishermen, including the cost, viability and interest. Mr. Mocciae said the plan would include dinghy slips and a possible fish market with the fish supplied by these commercial fishermen, which could entice an entirely new clientele to the park. He said he was coming to the Commission now because this was going to be a long process and he would appear again to update the Commission on any progress made. He also indicated that he would be asking again for permission to install Victorian lighting across the pedestrian walkways. Mr. Mocciae said the beach-cleaning machine had been working extremely well. Mr. Palau asked if the machine crushes small rocks. Mr. Mocciae said no, but it removes them from the sand and the rocks are being reused as gravel.

Mr. Mocciae was asked if the beach had taken in $10,000.00 from out-of-towners over one weekend, what was the impact on the parking situation for the residents of Norwalk. Mr. Mocciae said there was plenty of parking at the beach. He also added that the beach parking lot will be repaved and islands will be added to cut down on drivers crossing through he parking
lanes as well as more lighting added. He said that there were plenty of available picnic tables at

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Harbor Management Commission
July 27, 2005
Page 2

Shady Beach, that at least twenty to thirty tables are added every year which makes a nice presentation, adds to the beach's charm and shows what is being done. Mr. Mocciae said there are no immediate plans to add a $5.00 charge per car for Norwalk residents, this was an idea that had been floated several years ago but residents don't like it.

Mr. Pinto said at the boating area in Veterans' Park the tide comes very high up and at times cars in the boat launch area have been caught under water. He wondered if there was the possibility of painting a line to indicate the water level and keep people from parking beyond it. Mr. Mocciae said he would look into the possibility of this. Several Commissioners questioned the idea of a dock for commercial fishermen and asked if there was a demand for it. Mr. Mocciae said his department was checking with other towns that have such a dock, and that he was attempting to market a different concept for Veterans' Park. He was asked if this would constitute a commercial use of the park and would it require Council action. Mr. Mocciae said that commercial fishermen have been allowed to dock in that area in the past and it has been Recreation & Parks policy to allow it. The Commissioners questioned whether floats would be proposed for the storage of gear or boat moorings and Mr. Mocciae indicated there could be both.

Mr. Palau said he didn't think that making the park a moneymaker was a god idea and that the City should give back to the residents.

B. FINANCE - Ramsey

There was no report as Mr. Ramsey was not in attendance.

C. APPLICATION REVIEW - Clark

1. 2005-11: City of Norwalk Zoning Commission
Proposed amendment to East Avenue Village District Building Zone Regulations
to delete the cap on the number of multifamily units permitted on a parcel, and
to add 10% affordable housing requirement.

Ms. Clark said she recommended moving ahead with this project. There was general agreement between the Commissioners.

** MS. CLARK MOVED THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS APPLICATION TO NORWALK BY NORWALK ZONING COMMISSION FOR WORK AT EAST AVENUE VILLAGE DISTRICT INVOLVING AMENDMENT TO EAVD TO DELETE CAP ON THE NUMBER OF MULTIFAMILY UNITS ON A PARCEL AND TO ADD 10% AFFORDABLE HOUSING IS IN REGARDS TO PROPERTY ON OR NEAR TIDAL WATERS, BUT WHOSE PROPOSED ACTIVITY IS NOT DIRECTLY CONCERNED WITH THE HARBOR MANAGEMENT PLAN, AND MOVE TO RECOMMEND WITH NO COMMENT.
** MR. CALLAHAN SECONDED.
** MOTION PASSED UNANIMOUSLY.


City of Norwalk
Harbor Management Commission
July 27, 2005
Page 3
Mr. D’Andrea arrived at the meeting at 8:20 p.m.


2. 2005-12: 142-144 East Avenue LLC at same address
Special CAM application for work at same address, formerly the site of Katharine Gibbs College. Proposed work includes renovation of existing building to house 8 residential units plus office space; construction of two new buildings housing 19 units and 11 units, respectively, of housing; parking, and public access walkway 15’ wide along the banks of the Norwalk River. Existing small area of tidal wetland will be preserved. Proposed storm water management system will include catch basins, manholes, and a Vortechnics oil/grit separator.

Ms. Clark said the City could make recommendations for parking spaces to allow access to the river. She said the question came up during the committee meeting and this was the appropriate moment to bring it up. Mr. Palau asked if the Commission had any idea who 142-144 East Avenue actually is. He said that some property owners along the river have been recalcitrant about the project and it was a good point to bring up. Ms. Clark looked over the paperwork and said that First Wilton Corporation was listed on the paperwork. She said the firm of Tierney & Zullo are listed as the lawyers for First Wilton Corp. and John Crosby and Michael DiScala are two of the signatures that she can make out. Mr. Mobilia asked if the Commission was going to be able to see the plans for the project when they were in their final form. Ms. Clark said that one of the requirements in place was for them to view the plans in the final form. Mr. DeMarche asked if the Commission wanted him to run the question by Mr. Michael Green for them.

** MS. CLARK MOVED THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS CAM APPLICATION BY 142-144 EAST AVENUE, OF THE SAME ADDRESS, FOR WORK AT SAME INVOLVING RENOVATION OF TEXISTING BUILDING FOR HOUSING AND OFFICE SPACE, CONSTRUCTION OF TWO NEW BUILDINGS, PARKING AND 15-FOOT PUBLIC ACCESS WALKWAY IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN, AND MOVE TO RECOMMEND FAVORABLE ACTION WITH THE FOLLOWING CONDITIONS: TO INCLUDE STANDARD LANGUAGE REGARDING REGULAR MAINTENANCE OF OIL AND GRIT SEPARATORS.
** MR. CEBRIAN SECONDED.
** MOTION PASSED WITH ONE ABSTENTION (MR. D’ANDREA)


3. 2005-13: Marty and Susan Ehrlich, 12 Pine Point Road, Rowayton
Application to CT DEP & ACOE for work at same address to construct a new private dock at Farm Creek. The application fall sunder the 4/40 provisions. It includes a 4’x8’ fixed pier, 3’x24’ ramp, two aluminum float stabilizers, and a 7’x14’ floating dock. The stabilizers eliminate the need for driving pilings to support the dock. Float stop skids are included on the dock to minimize impact at low tide.

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Harbor Management Commission
July 27, 2005
Page 4

There was no discussion on this item.

** MS. CLARK MOVED THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS APPLICATION TO CT DEP & ACOE FOR 4/40 DOCK BY SUSAN & MARTIN EHRLICH, 12 PINE POINT ROAD, ROWAYTON FOR WORK AT SAME INVOLVING SMALL PIER, RAMP, FLOATING DOCK WITH ALUMINUM STABILIZERS AND FLOAT SKIDS IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN, AND MOVE TO RECOMMEND FAVORABLE ACTION.
** MR. CEBRIAN SECONDED.
** MOTION PASSED UNANIMOUSLY.

4. 2005:14: Richard Girouard, 10 Woodland Road, Wilson Point, So. Norwalk
Application to CT DEP & ACOE for construction of private recreational dock at same address for seasonal usage. Structure will include a small concrete pad, pile supported 67’ timber pier, 27’ aluminum ramp, and 8’x20’ floating dock. Aluminum float stabilizers will eliminate the need for additional pilings to support the dock, in order to facilitate shellfish harvesting when dock, ramp and struts are removed during the off season. Float skids are provided to minimize impact of dock at times of low tide. The area is known as a “shellfish concentration area”. Total structure will extend 98’ into Sheffield Island Harbor.

Ms. Clark said that to clarify the issue, the shellfish concentration area is not something that has come to them from the Shellfish Commission but she wanted the Commission to note that indeed there are shellfish in this area. The applicant is proposing, because of that, that the ramp and floating dock and stabilizers will be removed no later than November 15th and replaced no earlier than April 15th. The slope is such that the area where the pier will be installed is very rocky and is not really suitable for anyone coming to harvest shellfish, but once the ramp and dock are removed in the fall the area can be approached by boat with access up to the very edge. She said there are other similar docks in the area and this one will be of a scale in line with the other recreational docks already in place.

** MS. CLARK MOVED THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS APPLICATION TO CT DEP & ACOE BY RICHARD GIROUARD, 10 WOODLAND ROAD, WILSON POINT, SOUTH NORWALK FOR WORK AT SAME INVOLVING CONSTRUCTION OF PIER, RAMP, FLOATING DOCK WITH ALUMINUM STABILIZERS AND FLOAT STOPS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN, AND MOVE TO RECOMMEND FAVORABLE ACTION WITH THE FOLLOWING COMMENTS: THE COMMISSION RECOMMENDS REVIEW BY SHELLFISH COMMISSION, AND RESERVES THE RIGHT TO REVIEW THE APPLICATION IN ITS FINAL FORM.
** MR. CALLAHAN SECONDED.
** MOTION PASSED UNANIMOUSLY.


City of Norwalk
Harbor Management Commission
July 27, 2005
Page 5

5. 2005-15: East Norwalk Boating and Yacht Club, 60 Seaview Avenue, East Norwalk
Certificate of Permission application to CT DEP & ACOE for work at same address to repair existing piling-supported foundation of the clubhouse. Proposed work involves 25 pilings, with appropriate removal and repairs as needed. The existing porch and underlying piling cap will be dismantled; work on pilings will be conducted from barge-born derrick crane; the porch will be rebuilt in kind and in place at completion of work.

Ms. Clark said the accompanying photos and drawing explain the problem very well; the foundation of the clubhouse is in danger of falling into the harbor as it is very old and in need of replacement and repairs. She indicated that the Application Review Committee would like the Harbor Management Commission to rule on the item.

Mr. Pinto and Mr. Cebrian recused themselves from the vote.

** THE NORWALK HARBOR COMMISSION FINDS APPLICATION FOR COP TO CT DEP & ACOE BY EAST NORWALK BOATING & YACHT CLUB, 60 SEAVIEW AVENUE, EAST NORWALK FOR WORK AT SAME INVOLVING RENOVATING AND REPAIR OF EXISTING DETERIORATED PILINGS UNDER EXISTING CLUBHOUSE. CLUBHOUSE WILL BE RETAINED ON EXISTING FOOTPRINT AT PROJECT COMPLETION IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN, AND MOVE TO RECOMMEND FAVORABLE ACTION.
** MR. CALLAHAN SECONDED.
** MOTION PASSED WITH TWO ABSTENTIONS (MR. CEBRIAN AND MR. PINTO.)

6. Other Business

44 Yarmouth Road, Rowayton – Thomas St. Denis, Owner
Ms. Clark said the Commission has been made aware of the level of activity at the end of this street which seemed to be a very large project. She said the applications the owner had received in 2004 have been pulled out and the work authorized then was relatively minor. The owner is saying the City has abandoned the street and therefore gives him the right to move ahead with the work. Ms. Clark said the owner got permits for a dock and ramps under a 4/40 permit so it didn’t come through the Commission. She said when the Commission went and looked at the site, the wall had vanished, there was a huge amount of riprap deposited, street signs had been removed and there was heavy equipment in the road. She said the DEP has been contacted as well as the DPW and P&Z. Since there have been serious violations the DEP has put together an enforcement action and has told the contractors to immediately cease work. The City has been made aware of the situation although there is no record of request for the City Council to vote to abandon Yarmouth Road. She said there is much to be followed up on but she was gratified to know that the City departments are all working together on the matter. She said Mr. Griffin will be speaking with Ms. Betsy Bain, Mr. Bob Duff and Mr. Hal Alvord and that Ms. Bain
City of Norwalk
Harbor Management Commission
July 27, 2005
Page 6
indicated she will be meeting with Corporation Counsel. Mr. Duff and Mr. Alvord are both being kept up to date on developments and are ready to step in if needed. Ms. Bain is disturbed that there is still a load of construction equipment on the street and is waiting to speak to Chief Rilling since this is now a law enforcement issue. Ms. Clark said that when she herself had viewed the project, one side of the street was clear and there were stakes in the ground with flags on them showing the property line, which was something the contractor had said would be done. She said there has been a concerted effort by all concerned. Mr. Palau said he spoke to Ms. Bain and she is ready and totally informed on the situation. He feels that the City of Norwalk should not have to bear the brunt of financial obligation to remediate the property and that the owner should be the one to take on this responsibility.

There was a brief discussion regarding the permit given to Mr. Michael Gray. The Commission is concerned about how to work together with the Shellfish Commission to keep abreast of this project as they did not wish Mr. Gray to be given the permit.

A discussion was held regarding 70 Water Street, LLC for work at 68 Water St. A letter dated March 29, 2005 from the DEP to Mr. Peter DiNardo was received by the DEP on July 19th. It was mentioned that the proposal was unlikely to get proposal approval as the application is incomplete and 70 Water Street, LLC is not state-regulated. The Commission does not see an ongoing project in the short term.

Discussion on receipt of a letter sent certified mail from a Hartford law firm which was a FYI request for permits from April 2004. The letter was addressed to Mike Griffin, Harbormaster, and he will handle the request.

Discussion on a Five Mile River ordinance allowing the Town of Darien to collect harbor fees including slip fees. Mr. Palau said he had talked with Mr. Ray Meurer, the Five Mile River superintendent who said he had been having difficulty collecting the fees. Mr. Palau reported that the money was being held by the City of Norwalk for the Town of Darien for future dredging projects. He said Darien has a municipal ordinance to collect these fees and suggests the Commission ask if Norwalk can do the same thing.

Mr. D’Andrea reported that he had been on a dock testing the water when he was told to leave. He said he has a letter from the DEP showing that this is a permitted dock. Ms. Clark said that, as a City official, Mr. D’Andrea has permission to tell the person off and stay there to complete his water testing. A discussion followed on the possibility of obtaining photo identification cards for the Commission and the proper procedure for getting the cards. Mr. Mobilia said he will contact Lieutenant Randall at the Norwalk Police Department to arrange a time for photos to be taken of the Commissioners and suggested they pick a time when the majority of them can come in as a group to make it easier.

D. WEB PAGE/NEWSLETTER - FARROW

Mr. Farrow gave an overview of what will appear in the next newsletter and made suggestions for future submissions.
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Harbor Management Commission
July 27, 2005
Page 6
E. BOATING AND HARBOR SAFETY - FARROW

Mr. Farrow had no report at this time.

F. WATER QUALITY COMMITTEE – D’ANDREA

Mr. D’Andrea reported that there was no report from the Shellfish Commission at this time. He did report the temperature of the water for the past month was 81 degrees. He said the DEP has contacted fishermen to discuss the Manresa cable. He reported on the pipes at Moodys Lane and said he was sending a letter about the water quality problems and will involve the Mayor’s office and Corporation Counsel. Mr. D’Andrea received a letter from Ms. Alexis Cherichetti highlighting the gas bill. He also mentioned an article which recently appeared on the front page of The Hour which was about ridding the Sound of pollutants and which discussed the use of smart sponges in storm drains. He said the article appeared without the Water Quality Committee or the Harbor Management Commission’s inclusion and was bothered by the fact that they had not been contacted for the article. He passed around a placard which was being installed on storm drains that lead to the Sound to remind residents not to use the drains for dumping chemicals and other products.

G. PLANS AND RECOMMENDATIONS - CALLAHAN

Mr. Callahan said he did not have a written report but gave an oral report to the Commission. He began by complementing the Commission on their actions throughout the past months. He reported that there are 275 full-size storm drains scheduled for the smart sponge and said he had been curious as to when there would be a maintenance program for the drains and feels the smart sponges will handle it. He wanted to know what the life expectancy for the sponges were and if they differed from one location to the other. He reported receiving several calls regarding Bouy 28 and said the callers complained they cannot see the buoy and that many of them request the buoy be lighted or made taller so it can be seen better. Mr. Callahan said he was informing the Commission he was beginning the process to make Buoy 28 taller and brighter and to see what can be done about it. Mr. Griffin said there needs to be a formal requisition to the Harbor Master and a letter from the Commission Chair needs to be sent to the local Coast Guard Auxiliary Flotilla 72. Mr. Farrow offered to craft the initial draft of the letter.

H. DREDGING – PINTO AND DREDGING COMMITTEE (MOBILIA, GRIFFIN, STEADMAN)

Mr. Pinto said there was nothing new to report other than the contracts have been put out to bid and he mentioned that all the Commissioners were there for the contract signing.

6. NEW BUSINESS

There was no new business.


City of Norwalk
Harbor Management Commission
July 27, 2005
Page 7


7. STAFF REPORTS

a. Planning and Zoning – Greene/DeMarche
Mr. DeMarche said there was nothing to report at this time

b. Harbor Master - Griffin
Mr. Griffin reported he brought mail from the Commission to Mr. Ramsey and that when Mr. Ramsey arrived at his office today it turned out to be only a bill. He asked if all the Commissioners received the Harbor Master’s Report that was sent to them by email and reported that he was one thousand dollars short of the budget. He reported that the postage account balance was one hundred eighty-three dollars and thirty-seven cents. Mr. Griffin requested a letter from Mr. Mobilia as Chairman to the Recreation & Parks Committee of the Common Council regarding the requesting of permits for regattas and other harbor-related boating activities.

** MR. MOBILIA MOVED APPROVAL OF THE HARBOR MASTER’S REPORT.
** MR. PINTO SECONDED.
** MOTION PASSED UNANIMOUSLY.

c. Consultant - Steadman

There was no report but the Commission had another discussion about the smart sponges.

8. OTHER COMMENTS

Mr. Mobilia informed the Commission of a bill recently signed by Gov. Jodi Rell to monitor and police the loudness of boats, and he read the bill aloud for the benefit of the Commissioners. He reported on his visit to the Maritime Aquarium classrooms and the demonstration he saw of the new underwater camera off Manresa Island.

9. ADJOURNMENT

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

The meeting was adjourned at 10:17 p.m.


Respectfully submitted,


Linda J. Hayes
Telesco Secretarial Services

City of Norwalk
Harbor Management Commission
July 27, 2005

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