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NORWALK HARBOR MANAGEMENT COMMISSION MINUTES

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JANUARY 25, 2006

**REVISED**


ATTENDANCE: Anthony Mobilia, Chair; Pat Clark; Brian Griffin; Jason Farrow; Jack Callahan; John Pinto; Jose Cebrian; Geoff Steadman.

STAFF: Derick DeMarche, Planning & Zoning

OTHERS: Attorney David Waters

1. CALL TO ORDER

Mr. Mobilia called the meeting to order at 7:35 p.m.


2. APPROVAL OF MINUTES FROM DECEMBER 14, 2005 MEETING

Corrections to the minutes of December 14, 2005 are as follows:

Page 2, Item 4, Administrative Business; 2nd paragraph: change “Shurline” to “Schneirline.”
Page 2, Item 4, Administrative Business; 4th paragraph: change sentence to read, “Chairman
Mobilia asked Ms. Clark, Mr. Cebrian and Mr. Griffin, Sr….”
Page 5, first paragraph following motion: add “Creek” after the word “Charles.”
Page 5, first paragraph following motion: change spelling of “cori matting” to “coir matting.”
Page 7, top of page: change spelling of “St. Dennis” to “St. Denis.”
Page 7, Item g) Dredging; 2nd paragraph: change “Connecticut Maritime Committee” to
“Connecticut Maritime Commission”
Page 8, Item h) Waterfront Facility Advisory; change last word in 2nd sentence from “packets” to
“information.”
Page 8, Item 7, Information; delete “from the allision”
Page 8, Item 7, Information; change spelling of “inclimate” to “inclement”
Page 9, Motion, Paragraph 7.2.2; change to read: “Recreational and commercial fishing
activities should be encouraged and supported, in balance with other water-dependent
recreational and commercial uses of the harbor and with consideration of the sustainable
capacity of fisheries resources in the harbor as determined by the appropriate resource
management agencies.”
Page 9, Motion, Paragraph 7.2.4; change “authorizing” to “authorization”
Page 10, Motion, Paragraph 7.2.7; delete the word “significant”
Page 10, Motion, Paragraph 7.2.9; add the word “potential” before “impacts on shellfish
resources”
Page 11, Item 8, Other Comments; change spelling of “Mr. Franks” to “Mr. Frank”
The Commission agreed to table the minutes until they were corrected in its entirety……

3. CHAIRMAN’S REPORT

Mr. Mobilia congratulated Dr. Pinto on his reappointment to the Commission.

Mr. Mobilia reported that he sent out several letters to the DEP, including those regarding Judith Harrigan; Charles Cove Condominiums; and Stacy Waldman Bass. He reported on an application received from Charles Eaton of Wilson Cove. An update was given on the North Cove Project funds being transferred to the Norwalk project. Mr. Mobilia stated the Commission was aware of the shortfall in dredging funds and said that Colonel Thalkin had met with Mayor Moccia and members of the Dredging Committee and went out on the dredge to observe the project. He reported that a letter of support was sent to Joseph Schneirlien in regards to a grant that the Maritime Aquarium is applying for.

Mr. Mobilia also reported that he was still waiting to hear back from the Purchasing Department regarding the GPS and said he had questioned Purchasing about whether the Commission should continue as in the past and go ahead and purchase the item on their own rather than going through the Purchasing Department. He understood that anything over $3,000 would have to go out to public bid. He said the Commission would ask for two bids in any case. Mr. Cebrian said they could get it cheaper if the bid came under $3,000. Mr. Mobilia asked Ms. Clark and Mr. Cebrian work with Mike for best price and report back.


4. ADMINISTRATIVE BUSINESS

Mr. Mobilia said he had given the administrative business report as part of his Chairman’s Report.


5. COMMITTEE REPORTS

a) Finance - Ramsey

Mr. Mobilia said that Mr. Ramsey was ill and gave a brief report to the Commission on his behalf. He said that he and Mr. Ramsey went before the Finance Committee and asked for a $2,000 increase in funding for the Commission and was hopeful they would receive it.

b) Application Review – Clark

1. #06-01: JAMES AND JUDY HENDRICKSON, 59 BLUFF AVENUE, ROWAYTON
COP APPLICATION TO CT DEP & USACE FOR RENOVATIONS TO AN EXISTING WATEFRONT RESIDENCE.

Ms. Clark said this was the former Norwalk Yacht Club building and is now a private residence. She showed photos that indicated the mean high tide line and said the applicants wished to raise the existing structure three feet above the foundation and enclose the existing porch.

** MS. CLARK MOTIONED TO RECOMMEND THE FOLLOWING:

THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS APPLICATION TO CT DEP FOR COP BY JAMES AND JUDY HENDRICKSON, 59 BLUFF AVENUE, ROWAYTON FOR WORK AT SAME INVOLVING THE ELEVATION OF EXISTING PRIVATE RESIDENCE 3 FEET AND ENCLOSE 272 SQ. FT. OF EXISTING PORCH IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN, AND MOVE TO RECOMMEND FAVORABLE ACTION.

** DR. PINTO SECONDED.
** MOTION PASSED UNANIMOUSLY.

2. #06-02: 142-144 EAST AVENUE LLC, NORWALK
CAM APPLICATION FORWARDED BY NORWALK ZONING COMMISSION FOR WORK AT SAME ADDRESS. PROPOSAL INVOLVES: CONSTRUCTION OF NEW BUILDINGS AT 142 EAST AVENUE HOUSING 18 RESIDENTIAL UNITS AND 2700 SQ. FT. COMMERCIAL OFFICE SPACE.

Ms. Clark stated there was a correction to the information on the agenda – it should read EACH housing 18 residential units and 2700 sq. ft. of light commercial space. She indicated that the applicant’s attorney, Mr. David Waters, was in attendance.

Ms. Clark said this was the old Katharine Gibbs School property on East Avenue. She said the original proposal has been withdrawn and completely revised, and now included two buildings, an open plaza and landscaping. There will be parking behind and alongside the building; there is existing sewer and water and the buildings will tie into those. Included in the proposal is the construction of a twelve-foot wide boardwalk along the river and a walkway from the parking lot, with two public parking spaces to be set aside for people who wish to walk.

Ms. Clark said that one concern that has come up was that the northern corner of the property was a very steep slope and there was some question of how to tie both properties together in a well-designed, meaningful, coordinated plan. Mr. Waters stated that Redniss & Mead, the land use consultants, have shown that the Zullo property is actually very low and the East Avenue LLC property very high. He said they could put an ADA-approved ramp in the area. He said he has met with Mike Greene and they came up with a revised plan yesterday.

Dr. Pinto questioned the correct slope degree. Ms. Clark said she had spoken with Mike Greene at the P&Z and asked what happens if the Commission approves the project knowing that part of the property is to be deeded to the City and where does that leave us if the City doesn’t get the DEP permit for that piece of property. Dr. Pinto asked if there was a finite period of time for the construction.

Ms. Clark said there didn’t have to be a motion made tonight and reported that the Application Review Committee had tabled the item during its meeting because they needed more information. She said that Mrs. Austin, who lived in a residential home across the street from where the construction would take place came to the meeting and had very positive remarks about the project.

Mr. Waters said the project had been amended so that the view corridors would be constructed to stay view corridors, with the trees to be planted growing no more than street level or below. Mr. Mobilia questioned who would get the DEP permit when the piece of property was deeded to the City. Ms. Clark said the City would be responsible for the permit. A discussion followed.

** MS. CLARK MOTIONED TO RECOMMEND THE FOLLOWING:

THE NORWALK HARBOR MANAGEMENT COMMISSION APPLICATION APPROVAL FORWARDED FOR COMMENT BY NORWLAK ZONING BY APPLICANT 142-144 EAST AVENUE LLC FOR WORK AT SAME INVOLVING DEMOLITION OF EXISTING COMMERCIAL BUILDING, CONSTRUCTION OF 2 NEW MIXED-USE BUILDINGS AND NEW 12’ WIDE PUBLIC BOARDWALK WITH PUBLIC ACCESS AND PARKING TO TABLE PENDING FURTHER INFORMATION.

There was some discussion involving the motion and language. Mr. Steadman suggested some changes and the Commissioners debated briefly until the wording was satisfactory.

** MS. CLARK WITHDREW THE ORIGINAL MOTION AND RE-MOTIONED TO ACCEPT THE FOLLOWING CONDITIONS AS REWRITTEN BY MR. STEADMAN AND APPROVED BY THE COMMISSION:

1. THE PROJECT MEETS THE COMMISSION’S NORMAL POLICIES FOR STORMWATER MANAGEMENT;

2. THE PROPOSED PUBLIC ACCESS AREA BE PROPERLY CONNECTED TO THE EXISTING PUBLIC ACCESS/BOARDWALK IMMEDIATELY NORTH OF THE PROPERTY TO ENSURE SAFE, WELL-DESIGNED, MEANINGFUL, AND COORDINATED PUBLIC ACCESS ALONG THE SHORELINE IN THIS AREA FOR ALL MEMBERS OF THE PUBLIC;

3. THE APPLICATION CONVEYS TO THE CITY A SECTION OF THE SOUTHERN PART OF THE PROPERTY AND AGREES TO PAY THE DESIGN AND CONSTRUCTION COSTS FOR PROPERLY CONNECTING THE PROPOSED PUBLIC ACCESS AREA TO ANY FUTURE PUBLIC ACCESS WAY CONSTRUCTED BY THE CITY IMMEDIATELY SOUTH OF THE PROPERTY TO ENSURE SAFE, WELL-DESIGNED, MEANINGFUL, AND COORDINATED PUBLIC ACCESS ALONG THE SHORELINE IN THIS AREA FOR ALL MEMBERS OF THE PUBLIC;

4. THE APPLICANT AGREES TO PAY THE DESIGN COSTS FOR THE CITY TO PROVIDE A PUBLIC ACCESS WAY ALONG THE SHORELINE ON THE CITY-OWNED PROPERTY LOCATED BETWEEN THE APPLICANT’S PROPERTY AND THE ST. ANN’S CLUB.

** MR. CALLAHAN SECONDED THE MOTION AS AMENDED.
** MOTION PASSED UNANIMOUSLY.

3. #06-03: GARDELLA BROTHERS LIMITED PARTNERSHIP, 44-54 CALF PASTURE BEACH ROAD
REFERRED BY NORWALK ZONING COMMISSION. PROPOSAL INVOLVES: CONSTRUCTION OF NEW ROAD (DOLPHIN ROAD) CONNECTING CALF PASTURE BEACH ROAD AND ISLAND DRIVE.

Ms. Clark reported that this item was tabled at the committee level. She said this would be a new road with drains, a sanitary sewer, and said the land alongside the road would be divided into six parts. She said that Mike Greene has stated that in order to get approval to create the road, the street must be built to conform to City standards in the event the private owners should decide at some future date to ask the City to take over maintenance of the road. She said that Gardella has the option to keep the road private if it is so wished. After some discussion, Ms. Clark suggested that the Commission write a letter at this time instead of a motion, indicating their questions and comments for the Zoning Commission. Attorney Waters agreed that this was a good idea and said there would be a public hearing on this item in February. There was a longer discussion and it was agreed that no action would be taken.

THE NORWALK HARBOR MANAGEMENT COMMISSION MOVES TO TABLE PENDING FURTHER INFORMATION THE APPLICATION FOR CAM APPROVAL REFERRED BY NORWALK ZONING BY GARDELLA BROTHERS LIMITED PARTNERSHIP, 44-54 CALF PASTURE BEACH ROAD FOR WORK AT SAME INVOLVING CONSTRUCTION OF NEW ROAD, NEW STORMWATER DRAINS, NEW SANITARY SEWER AND WATER MAINS, AND SUBDIVISION INTO SIX LOTS, MOVES TO WRITE A LETTER TO THE ZONING COMMISSION WITH THE FOLLOWING COMMENTS:

1. THE PROJECT SHOULD MEET THE COMMISSION’S NORMAL POLICIES FOR STORMWATER MANAGEMENT;

2. IF THE PROPOSED NEW ROAD IS TO BE PRIVATELY MAINTAINED, APPROPRIATE AGREEMENTS SHOULD BE REACHED BETWEEN THE PROPERTY OWNERS AND CITY TO ENSURE PROPER MONITORING AND MAINTENANCE OF ALL STORMWATER MANAGEMENT AND TREATMENT FACILITIES;

3. THE COMMISSION UNDERSTANDS THAT ALTERNATIVE MEASURES FOR STORMWATER OUTFALLS ARE BEING EVALUATED BY THE DEP, CITY, AND APPLICANT TO DETERMINE THE MOST APPROPRIATE MEANS OF PROTECTING WATER QUALITY IN NORWALK HARBOR;

4. THE COMMISSION RESERVES THE RIGHT TO REVIEW AND COMMENT ON ANY FUTURE PLANS FOR THIS PROJECT THAT MAY BE SUBMITTED FOR APPROVAL.

4. #06-04: THOMAS ST. DENIS, 44 YARMOUTH ROAD, NORWALK
COP APPLICATION TO CT DEP FOR REMOVAL OF A STONE AND MORTAR BULKHEAD LOCATEDON CITY PROPERTY AT THE TERMINUS OF YARMOUTH ROAD IN NORWALK ON WILSON COVE. THE PROPERTY IS A CITY RIGHT-OF-WAY; THE APPLICATION IS IN RESPONSE TO A REQUEST FROM THE CITY’S ATTORNEY IN SEPTEMBER, 2005 FOR REMOVAL IN ITS ENTIRETY, AND THAT NO PORTION OF THE BULKHEAD REMAIN ON CITY PROPERTY.

Ms. Clark reported that there are still questions about this new application and as of today the DEP is finding that the application should not be coming before them. Ms. Clark showed the Commission new maps and explained why the application was being changed to a CAM application. There was discussion about the ongoing problem with this resident’s construction on City property. Ms. Clark proposed tabling the item and taking no action until they receive further information.

THE NORWALK HARBOR COMMISSION APPLICATION FOR COP TO CT DEP BY THOMAS ST. DENIS, 44 YARMOUTH ROAD FOR WORK AT SAME INVOLVING REMOVAL OF STONE AND MORTAR BULKHEAD BY APPLICANT ON CITY OF NORWALK PROPERTY TO TABLE PENDING FURTHER INFORMATION.

5. OTHER BUSINESS
CT DEP CERTIFICATE OF PERMISSION PERMITS ISSUED TO SOUTH NORWALK BOAT CLUB AND TO NORWEST MARINE FOR MODIFICATION OF DREDGE DISPOSAL OPTIONS.

Ms. Clark updated the Commission on these certificates of permission.

Mr. Steadman reported on an upcoming public workshop for the Planning Commission nd the Harbor Management Commission agreed to write a letter to the Planning Commission to include appropriate references to the Harbor Management plan.


c) Web Page/Newsletter – Farrow

Mr. Farrow stated he had six editorial assignments for the next newsletter, plus a commercial story byline by William Gardella. He asked the Commissioners for any photos or sidebar articles about the dredging trip on the barge. Mr. Mobilia said he would write something up and provide photos. Mr. Farrow reminded the Commissioners that he would be away for three weeks beginning Friday, January 28 and the deadline for the next newsletter would be February 17th. He said even though he is away, anyone can email him between now and then with articles for publication.

d) Boating and Harbor Safety – Farrow

Mr. Farrow had no report at this time.

e) Water Quality Committee – D’Andrea

Mr. D’Andrea was not in attendance and there was no report.


f) Plans and Recommendations – Callahan

Mr. Callahan had no report at this time.

g) Dredging – Pinto and Dredging Committee (Mobilia, Griffin, Steadman)

Mr. Pinto reported that the Committee met with Mayor Moccia to discuss problems with the dredging project and the need for funding to complete portions of the project. He stated that Colonel Thalkin was able to obtain further funding for the dredging project and explained how the Colonel got the funding. He said they were asking for the entire $7 million dollar amount again. A brief discussion about the project followed.

h) Waterfront Facilities Advisory – Griffin

Mr. Mobilia said that Mr. Griffin was out on the barge this evening observing the dredging project and had no report at this time.


6. NEW BUSINESS / OLD BUSINESS


There was no new business and no old business at this time.


7. STAFF REPORTS

a) Harbor Master - Griffin

Mr. Mobilia said there was no written report from the Harbormaster at this time. Mr. Brian Griffin reported for the Harbormaster and said that an inspection by the Harbormaster revealed that there were no boats moored in the mooring fields after December 31st, and that the 2006 mooring applications have been sent out.

** MR. CALLAHAN MOTIONED TO ACCEPT THE HARBORMASTER’S REPORT AS GIVEN BY MR. MOBILIA.
** DR. PINTO SECONDED.
** MOTION PASSED UNANIMOUSLY.


b) Consultant - Steadman

Mr. Steadman said he had no report at this time.


c) Planning and Zoning – Greene/DeMarche


Mr. DeMarche said he needed to update the list of Commissioners with new appointment dates and asked them to please send them over to him.


8. OTHER COMMENTS

There were no other comments at this time.

9. ADJOURNMENT


** DR. PINTO MOTIONED TO ADJOURN.
** MS. CLARK SECONDED.
** MOTION PASSED UNANIMOUSLY.

The meeting was adjourned at 9:53 p.m.


Respectfully submitted,


Linda J. Hayes
Telesco Secretarial Services

 

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