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| NORWALK HARBOR MANAGEMENT COMMISSION MINUTES |
CLICK HERE FOR HARBOR MANAGEMENT MAYORS WATER QUALITY COMMITTEE MINUTES
CLICK HERE FOR HARBOR MANAGEMENT APPLICATION REVIEW COMMITTEE MINUTES
DECEMBER 14, 2005
ATTENDANCE: Tony Mobilia, Chairman, Henry Palau, Vice Chairman,
Dick Ramsey, Treasurer, Jason Farrow, Pat Clark (7:37 p.m.)
Jose Cebrian (7:42 p.m.) .,Dr. John Pinto (7:55 p.m.)
STAFF: Derick Demarche, Planning and Zoning
OTHERS: John Frank, Shellfish Commissioner, Michael Griffin,
Harbor Master ( 7:37 p.m.)
1. CALL TO ORDER
Chairman Mobilia called the meeting to order at 7:35 p.m.
2. APPROVAL OF MINUTES FROM NOVEMBER 30, 2005 MEETING
The following corrections were noted:
Pg. 5, paragraph 1, line 2: please change “involved were talking” to “involved talking”
Page 6. paragraph 2, line 5: please change “mooring fees” to “registration fees”
Page 6, paragraph 2, line 6: please change “allocates a percentage of those
fees to the
Harbor Management Commission” to “allocates a grant to the Harbor
Management Commission”.
Ms. Clark and Harbor Master Griffin arrived at 7:37 p.m.
Page 6, heading “Water Quality Committee”, please change the comma following
the letter “c” to a period.
Page 7, paragraph 4, line 2: please change “Harbor Management Plan” to “mooring
fields”.
Page 8, heading - please change “Amendment to Bylaws” to “Amendment to Procedures”
** MR. PALAU MOVED TO ACCEPT THE MINUTES AS CORRECTED.
** MR. RAMSEY SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
3. CHAIRMAN’S REPORT
Chairman Mobilia reported that he attended a Council meeting about funding for the NorWest and Total Marina dredging went well and the funding was approved. He explained that this will be a great savings for the City.
4. ADMINISTRATIVE BUSINESS
Three letters went out since the last meeting. One letter concerned the O&G application. Two of the letters went to the Connecticut State Department of Environmental Protection, the first concerned the repairs on the Wall Street bridge and the second concerned the Norwalk Yacht Club dredging and modifications.
Chairman Mobilia stated that he had received an email from Joe Shurline from Maritime Aquarium. They are applying for a grant from the National Fish and Wildlife Foundation. Part of the application requires letters of support from various organizations. Chairman Mobilia asked if the Commission would compose a letter supporting their mission. This was agreeable to all.
Chairman Mobilia also reported that he had a preliminary meeting with Mike Greene about the procedure for purchasing items. He still is waiting to meet with the Finance Director and the Purchasing Department regarding the correct procedure will be. Having the procedures in writing will help.
Mr. Steadman arrived at 7:50 p.m.
Chairman Mobilia asked Ms. Clark and Mr. Cebrian to get two bids on the GPS units to have on hand once the procedures are clarified.
5. COMMITTEE REPORTS
a. FINANCE
Mr. Ramsey reported that there are only a few items still outstanding. There is a possibility that the Commission will be $1,300 in the black when the final totals are calculated.
Dr. Pinto arrived at 7:55 p.m.
b. APPLICATION REVIEW
#2005-21- (Cont.): Charles Eaton, 20 Point Road, Wilson Point. Application to CT DEP and ACOE to install steps waterward from an existing seawall and removal of loose rocks waterward of seawall and steps.
Ms. Clark reminded everyone that this application had been tabled previously while it was checked by the Shellfish Commission. The concern has been about the removal of the loose rock and its relocation.
** MS. CLARK MOVED TO RECOMMEND THE FOLLOWING:
THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS
APPLICATION TO CT DEP AND ACOE BY CHARLES EATON,
20 POINT ROAD, WILSON POINT FOR WORK AT SAME INVOLVING
CONSTRUCTION OF BEACH ACCESS STEPS, REMOVAL OF LOOSE
ROCK AND AUTHORIZATION OF PRE-1980 SEA WALL IS
CONSISTENT WITH THE HARBOR MANAGEMENT PLAN, AND
MOVE TO RECOMMEND FAVORABLE ACTION WITH THE
FOLLOWING CONDITIONS:
1. NO EXCAVATOR WILL BE USED ANYWHERE IN THE
INTERTIDAL ZONE OUTSIDE THE LIMITS OF THE PROPOSED
STEPS.
2. ALL STONE WILL BE MOVED BY HAND TO MINIMIZE DAMAGE
TO THE SHELLFISH BEDS, OUTSIDE THE LIMITS OF THE
PROPOSED STEPS.
3. ALL RELOCATED STONE WILL BE MOVED TO SOME UPLAND
LOCATION, OFF THE INTERTIDAL ZONE, OR EMBEDDED AS FILL
INSIDE THE MASS OF THE PROPOSED STEPS.
** MR. PALAU SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
#2005-23 - Norwest Marine, 130 Water Street, South Norwalk - CT DEP Certificate of Permission application for disposal of dredged material from travel lift pit and area into CAD cell to be constructed by ACOE. DEP COP issued February 2004 for maintenance dredging with disposal of material at Central Long Island Sound. This dredging not yet accomplished.
** MS. CLARK MOVED TO RECOMMEND THE FOLLOWING:
THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS
APPLICATION TO CT DEP AND COP BY NORWEST MARINE,
130 WATER STREET, SOUTH NORWALK FOR WORK AT SAME
INVOLVING DISPOSAL OF SPOILS DREDGED FROM TRAVEL
PIT AREA TO THE CAD CELL IS CONSISTENT WITH THE HARBOR
MANAGEMENT PLAN AND MOVE TO RECOMMEND FAVORABLE
ACTION WITH THE FOLLOWING CONDITIONS:
1. ASSUMING CAPACITY IN THE CAD CELL
2. PROVIDING THIS DISPOSAL DOES NOT INTERFERE WITH
SUCCESSFUL COMPLETION OF THE FEDERAL PROJECT.
3. PROVIDING THIS PROPOSAL IS CONSISTENT WITH ALL
OTHER CITY REQUIREMENTS.
** MR. PALAU SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
#2005-24 South Norwalk Boat Club, 16 Mack Street, South Norwalk - CT DEP Certificate of Permission application for disposal of dredged material from travel lift pit and area into CAD cell to be constructed by ACOE. Maintenance dredging was authorized by DEP COP issued May 2003 with disposal of material at Central Long Island Sound site. Some dredging occurred in Fall 2003; the majority of dredging is not yet done due to lack of suitable disposal site.
** MS. CLARK MOVED TO RECOMMEND THE FOLLOWING:
THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS
APPLICATION TO CT DEP AND COP BY SOUTH NORWALK BOAT
CLUB, 16 MACK STREET, SOUTH NORWALK FOR WORK AT SAME
INVOLVING DISPOSAL OF SPOILS DREDGED FROM TRAVEL
PIT AREA TO THE CAD CELL IS CONSISTENT WITH THE HARBOR
MANAGEMENT PLAN AND MOVE TO RECOMMEND FAVORABLE
ACTION WITH THE FOLLOWING CONDITIONS:
1. ASSUMING CAPACITY IN THE CAD CELL
2. PROVIDING THIS DISPOSAL DOES NOT INTERFERE WITH
SUCCESSFUL COMPLETION OF THE FEDERAL PROJECT.
3. PROVIDING THIS PROPOSAL IS CONSISTENT WITH ALL
OTHER CITY REQUIREMENTS.
** MR. PALAU SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
#2005-25 Charles Cove Condominium, Inc., c/o Allen Management, 13 Arcadia Rd,
Old Greenwich, CT - Application to CT DEP and ACOE for stabilization of an eroded,
unprotected manmade embankment in the waters of Charles Creek in East
Norwalk.
** MS. CLARK MOVED TO RECOMMEND THE FOLLOWING:
THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS
APPLICATION TO CT DEP AND ACOE BY CHARLES COVE
CONDOMINIUM C/O ALLEN MANAGEMENT, OLD GREENWICH
FOR WORK AT ERODED BANK IN CHARLES CREEK INVOLVING
STABILIZATION OF ERODING BANK IS CONSISTENT WITH THE
HARBOR MANAGEMENT PLAN AND MOVE TO RECOMMEND
FAVORABLE ACTION.
** MR. PALAU SECONDED.
That particular section of Charles had been dredged at an earlier time and the bank was not secured. To prevent the further erosion, the property managers are proposing the use of cori matting, which is woven coconut fiber. This will allow the bank to stabilize and for wild grasses to take root. The property managers also will be installing a few rolled coir logs at the base of the bank to provide additional support. This method avoids installing a bulkhead.
** THE MOTION PASSED UNANIMOUSLY.
#2005-26 Stacy Waldman Bass, 23 Covlee Drive, Norwalk. COP application to CT DEP for installation of a tie-off piling at permitted existing dock at private residence in waters adjacent to Bermuda Lagoon.
** MS. CLARK MOVED TO RECOMMEND THE FOLLOWING:
THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS
APPLICATION TO CT DEP FOR COP BY STACY WALDMAN BASS,
27 COVLEE DRIVE, NORWALK FOR WORK AT THE SAME
INVOLVING INSTALLATION OF TIE-OFF PILING AT PERMITTED
DOCK IS CONSISTENT WITH THE WITH THE HARBOR
MANAGEMENT PLAN AND MOVE TO RECOMMEND
FAVORABLE ACTION WITH THE FOLLOWING CONDITIONS:
1. THAT NO VESSEL TIED TO THIS PILING SHOULD REST ON THE
BOTTOM AT ANY TIME.
** MR. PALAU SECONDED.
Ms. Clark explained that the property straddles the Norwalk/Westport Town Line and that the portion of the dock under discussion is located in Norwalk. She also explained that the portion of the dock where the tie off will be located has been dredged to five feet below mean water level.
** THE MOTION PASSED UNANIMOUSLY.
#2005-27 Judith Horrigan, 10 Shorehaven Road, Norwalk. COP application to CT DEP and ACOE to modify existing permitted dock at private residence.
** MS. CLARK MOVED TO RECOMMEND THE FOLLOWING:
THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS
APPLICATION TO CT DEP FOR COP BY JUDITH HORRIGAN, 10
SHOREHAVEN ROAD, NORWALK FOR WORK AT THE SAME
INVOLVING MODIFYING PERMITTED 10’ X 10’ DOCK TO 8’ X 20’
DOCK IS CONSISTENT WITH THE WITH THE HARBOR
MANAGEMENT PLAN AND MOVE TO RECOMMEND
FAVORABLE ACTION.
** MR. PALAU SECONDED.
Following some discussion about whether this was a modification to a dock or a completely new dock, the proposed recommendation was amended.
** MS. CLARK MOVED TO AMEND THE FOLLOWING RECOMMEND:
THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS
APPLICATION TO CT DEP FOR COP BY JUDITH HORRIGAN, 10
SHOREHAVEN ROAD, NORWALK FOR WORK AT THE SAME
INVOLVING MODIFYING PERMITTED 10’ X 10’ DOCK TO 8’ X 20’
DOCK IS CONSISTENT WITH THE WITH THE HARBOR
MANAGEMENT PLAN AND MOVE TO RECOMMEND
FAVORABLE ACTION WITH THE FOLLOWING CONDITIONS:
1. THAT NEITHER FLOATING DOCK NOR ANY VESSEL
ATTACHED MAY REST ON THE BOTTOM AT ANY TIME.
** MR. PALAU SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
OTHER BUSINESS - DISCUSSION OF SHELLFISH POLICY
The discussion of the shellfish policy was tabled until Mr. Steadman’s report.
There was also a brief discussion about the St. Dennis application which was dated some time ago and was only recently processed and forwarded to the Harbor Commission.
c.) Web Page/ Newsletter
Mr. Farrow had no report for the Commission. Chairman Mobilia suggested that Mr. Farrow assign articles with a end of January due date. This was agreeable to all.
d.) Boating and Harbor Safety
There was no report on Boating and Harbor Safety.
e.) Water Quality Committee
Mr. D’Andrea was not present, but Harbor Master Griffin passed out copies of the Filter Project Press Event which took place on October 25, 2005. There was a discussion about the merits of this project and how it will benefit Norwalk Harbor.
f.) Plans and Recommendations
Mr. Callahan was not present to give a report.
g.) Dredging
Harbor Master Griffin reported on the meeting with the Council. He attended to answer any questions that the Council might have. It went well. He also reported that the South Norwalk Boat Club was asking the City to act as its agent in the dredging matters since the Federal Government does not conduct business with private individuals or organizations. The 1999 dredging was only half way completed when the City ran out of money. The South Norwalk Boat Club is located right next to Total Marine, which means that if Total Marine is dredged and South Norwalk Boat Club is not, there will be bottom erosion into the freshly dredged area. Geoff is preparing a letter to the Mayor on this subject.
Dr. Pinto reported that he will be attending the Connecticut Maritime Committee meeting which will be discussing the trials and tribulations of dredging.
Harbor Master Griffin reported that the dredging has slowed down somewhat due to some large rocks and pieces of concrete that have been found on the river bottom by O&G and Devine Brothers. Cashman hopes to start digging the first CAD cell on the 15th. It will be important to have a decent lead time before the dredging of the Washington Street/Rt. 136 bridge occurs. Currently, it may only take a few hours to accomplish and Cashman is hoping to do it during the early morning hours in order to have as little traffic impact as possible.
Harbor Master Griffin also expressed concern about Phase 2, as the money for Phase 1 has not easily been available. Presently, the ACOE has not received payment for Phase 1.
h.) Waterfront Facility Advisory
There was no report on this. Dr. Pinto stated that he has received all the packets.
6. NEW BUSINESS/OLD BUSINESS
Chairman Mobilia stated that a new copy of the bylaws needs to be scheduled on the calendar.
7. STAFF REPORTS
a. Harbor Master’s Report
Harbor Master Griffin reported that he had scheduled an inspection of the damaged wooden fenders from the allision with the law firm of Ryan, Ryan and DeLucio but inclimate weather had postponed it. On the 15th, he will be in Port Jefferson to review the proposal for the Broad Water project with a number of other representatives from communities on Long Island Sound. A study group may be formed to investigate how Broad Water might affect Long Island Sound.
The Harbor Master also stated that he had been contacted by Apex Environmental about private CAD cells. He was able to arrange a meeting with them and Ms. Clark just prior to the start of the Commission meeting. At that meeting, Apex informed Ms. Clark and the Harbor Master that they are developing and improving technical advancements for CAD cells. He proceeded to inform the commission on the high points of the meeting. Ms. Clark stated that she found Apex’s information very interesting.
b. Consultant’s Report
Mr. Steadman presented the “Proposed Amendments to the Norwalk Harbor Management Plan Policies Concerning Fisheries Resources”. There was a lengthy discussion about the various wording of particular passages.
** MS. CLARK MOVED TO APPROVE THE PROPOSED AMENDMENTS
AS AMENDED:
7.2 USE AND PROTECTION OF FISHERIES RESOURCES, INCLUDING
SHELLFISH RESOURCES.
7.2.1 OPPORTUNITIES FOR VESSEL- AND SHORE BASED RECREATIONAL FISHING IN THE
HARBOR SHOULD BE
MAINTAINED AND, TO THE EXTENT FEASIBLE, ENHANCED.
7.2.2 RECREATIONAL AND COMMERCIAL FISHING ACTIVITIES SHOULD
BE ENCOURAGED AND SUPPORTED, IN BALANCE WITH OTHER
WATER-DEPENDENT RECREATIONAL AND COMMERCIAL
FISHERIES RESOURCES IN THE HARBOR AS DETERMINED BY THE
APPROPRIATE RESOURCE MANAGEMENT AGENCIES.
7.2.3 NECESSARY ACTIONS TO PROTECT, MAINTAIN, AND ENHANCE
FISHERIES HABITAT AND RESOURCES IN NORWALK HARBOR
FOR RECREATIONAL AND COMMERCIAL USE AND PUBLIC
ENJOYMENT, CONSISTENT WITH CITY, STATE AND FEDERAL
LAWS AND REGULATIONS, SHOULD BE ENCOURAGED AND
SUPPORTED.
7.2.4 ANY FISH HARVESTING STRUCTURE IN NORWALK HARBOR
REQUIRING STATE AND/OR FEDERAL AUTHORIZING, INCLUDING
BUT NOT LIMITED TO STRUCTURES SUPPORTING MARINE
POUND NETS, SHOULD BE DESIGNED, CONSTRUCTED AND
MAINTAINED TO AVOID OR REDUCE ANY ADVERSE IMPACTS ON
NAVIGATION AND COASTAL RESOURCES, INCLUDING
RECREATIONAL FISHERIES, AND ON THE PUBLIC’S RIGHT TO
USES OF THE HARBOR CONSISTENT WITH THE PUBLIC TRUST
DOCTRINE. ( SEE 1.6.4)
7.2.5 FOR THE PURPOSE OF THESE POLICIES, SHELLFISH RESOURCES
SHALL INCLUDE: A) POPULATIONS OF SHELLFISH SPECIES; AND
B) THE NATURAL AREAS (HABITAT) WITH CHARACTERISTICS
FOR SUPPORTING ONE OR MORE OF THOSE SPECIES. SHELLFISH
HABITAT SHALL BE RECOGNIZED AS INCLUDING TIDAL WATERS,
UNDERWATER LANDS, WETLANDS, AND INTERTIDAL FLATS IN
NORWALK HARBOR.
7.2.6 FOR THE PURPOSE OF THESE POLICIES IT IS RECOGNIZED THAT
SHELLFISH HABITAT IS SUSCEPTIBLE TO ADVERSE IMPACTS,
INCLUDING CUMULATIVE IMPACTS, CAUSED BY THE
INSTALLATION, PRESENCE, OR USE OF WATER ACCESS
STRUCTURES SUCH AS BUT NOT LIMITED TO DOCKS, FLOATS
AND PIERS.
7.2.7 SHELLFISH RESOURCE AREAS (AS DISTINGUISHED FROM
SHELLFISH CONCENTRATION AREAS MAPPED BY THE STATE OF
CONNECTICUT) PROVIDING SIGNIFICANT SHELLFISH
RESOURCES AND/OR AVAILABLE FOR PUBLIC AND PRIVATE
SHELLFISHING USE WITHIN NORWALK HARBOR CONSIST OF:
(INSERT LANGUAGE FROM SHELLFISH COMMISSION HERE)
7.2.8 PROPOSALS AFFECTING THE REAL PROPERTY ON, IN, OR CONTIGUOUS TO NORWALK
HARBOR THAT WOULD CAUSE
ADVERSE IMPACTS ON: A) SHELLFISH RESOURCES; OR B)
OPPORTUNITIES FOR SHELLFISH CULTIVATIONS/HARVESTING
SHOULD BE AVOIDED. PROPOSALS THAT COULD AFFECT
SHELLFISH RESOURCES OR CULTIVATION/HARVESTING
OPPORTUNITIES SHOULD BE CAREFULLY DESIGNED AND
EVALUATED TO AVOID, REDUCE, OR OTHERWISE MITIGATE
ADVERSE IMPACTS ON THOSE RESOURCES AND OPPORTUNITIES.
7.2.9 THE SHELLFISH COMMISSION SHOULD EVALUATE ALL PROPOSED
USES OR ACTIVITIES OCCURRING BELOW THE HIGH TIDE LINE
IN NORWALK HARBOR FOR IMPACTS ON SHELLFISH RESOURCES
AND OPPORTUNITIES FOR SHELLFISH
CULTIVATION/HARVESTING.
7.2.10 TO REDUCE ADVERSE IMPACTS, INCLUDING CUMULATIVE
IMPACTS, ON SHELLFISH RESOURCES AND SHELLFISH
CULTIVATION/HARVESTING OPPORTUNITIES, NO PROPOSAL
FOR A WATER ACCESS PROJECT SHOULD BE APPROVED THAT
WOULD ALLOW ANY FLOATING DOCK AND/OR VESSEL
ATTACHED TO THAT DOCK TO REST ON ANY SHELLFISH
RESOURCE AREA IN NORWALK HARBOR DURING NORMAL
TIDE CYCLES.
7.2.11 ANY AQUACULTURE ACTIVITIES IN NORWALK HARBOR,
INCLUDING BUT NOT LIMITED TO ACTIVITIES REGULATED
EXCLUSIVELY BY THE CONNECTICUT DEPARTMENT OF
AGRICULTURE/BUREAU OF AQUACULTURE (DA/BA) AND
UTILIZING STRUCTURES SUCH AS BUT NOT LIMITED TO
DOCKS, RACKS, CAGES, BAGS, AND NETS AS WELL AS BUOYS,
TO MARK THE LOCATION OF SUCH ACTIVITIES, SHOULD BE
DESIGNED, CONSTRUCTED AND MAINTAINED TO AVOID ANY
ADVERSE IMPACTS ON NAVIGATION, COASTAL RESOURCES,
AND PUBLIC SAFETY IN NORWALK HARBOR (SEE 1.6.5)
APPLICATIONS FOR AQUACULTURE ACTIVITIES SUBMITTED
TO THE DA/BA OR ANY OTHER AGENCY SHOULD BE REVIEWED
FOR CONSISTENCY WITH THE NORWALK HARBOR
MANAGEMENT PLAN.
** MR. PALAU SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
c. PLANNING AND ZONING
There was no report from Planning and Zoning
8. OTHER COMMENTS
Mr. Franks commented that the Commission might want to consider the idea of requesting a bond for those who install a rack or a buoy and later abandon it. The bond would help to pay for the removal of the rack or weight from the Harbor bottom.
Harbor Master Griffin stated that while he and Ms. Clark were meeting with Apex, they were informed by Apex that the State of Connecticut was collecting a $2.00 per cubic foot tipping fee. Currently the amount of dredging material to be removed is estimated at about 30,000 cubic yards.
Chairman Mobilia reminded everyone of his open house on Friday night and the time.
9. ADJOURNMENT
** MR. PALAU MOVED TO ADJOURN.
** MS. CLARK SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
The meeting adjourned at 10:47 p.m.
Respectfully submitted,
Sharon L. Soltes
Telesco Secretarial Services
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