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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
APRIL 26, 2006
ATTENDANCE: Anthony Mobilia, Chair; John C. Romano; Jose Cebrian; Jason Farrow;
Pat Clark; Jack Callahan; Henry Palau; John Pinto; Michael Griffin, Harbormaster
(7:40); Brian Griffin, Assistant Harbormaster (7:40); Tony D’Andrea (7:56).
STAFF: Geoff Steadman; Derick DeMarche, Planning & Zoning
OTHERS: Attorney David Waters; John Frank, Chairman, Shellfish Commission.
1. CALL TO ORDER
Mr. Mobilia called the meeting to order at 7:36 p.m.
2. CHAIRMAN’S REPORT
Administrative Business
Mr. Mobilia stated that he has adjusted the order of the agenda, and approval of the minutes will now be taken at the end of the meeting.
Mr. Mobilia reported that he received notification from the Norwalk River Watershed Initiative and they have voted the NHMC a seat on the Initiative. He was pleased about this and thinks that they can do a good job on the Initiative.
Mr. Mobilia distributed a list of assignments to various committees and noted that the committees haven’t changed. He stated that the chairperson of the Finance Committee is now Mr. Cebrian, and welcomed him to the position. The rest of the committees stay the same, except that now there is a Norwalk River Watershed Advisory Committee and they will have a representative, Mr. D’Andrea, and an alternate, which will be Mr. Mobilia. The Norwalk River Watershed Advisory Committee will meet once a month and they will have the opportunity to give input to the Initiative. He said the meetings are usually held on Thursdays at 3:30 at City Hall, with the exception of the month of August.
** MR. PALAU MOTIONED TO APPROVE THE COMMITTEES AS SUBMITTED BY MR. MOBILIA.
** MS. CLARK SECONDED.
** MOTION PASSED UNANIMOUSLY.
Mr. Michael Griffin and Mr. Brian Griffin arrived at the meeting at 7:40 p.m.
Mr. Mobilia stated that the Nominating Committee still stands as appointed in
December, and its members are Mr. Pinto, Mr. Cebrian and Mr. D’Andrea. He said
that in June he will be reminding them that they have to begin exploring the
David Dunavan certificate for the coming year.
Mr. Mobilia reported on a meeting he attended with Mayor Moccia and the Army Corps. He said the meeting seemed successful and brought everyone up to date on Phase I of the dredging, and pointed out the needs and problems of Phase II. He was hopeful that, with all the press received about the dredging project, it will help push things along and they can complete the project.
In March an application was received for 12 Pine Point Road, and a letter was sent to the DEP by Mr. D’Andrea in Mr. Mobilia’s absence. He has copies of a letter that was sent to Congressman Shays, and Senators Dodd and Lieberman from the Maritime Aquarium outlining their investment for the dredging project, and also for requesting funding for Phase II. Mr. Mobilia said it was good to have another push for the project from another area of the City.
Mr. Mobilia stated he also has a copy of the thank-you letter sent by Mayor Moccia to Mr. Richard Davis in response to Mr. Davis’ letter praising the Harbormaster, Mr. Michael Griffin. Mr. Griffin said that if you read between the lines, not only is Mr. Davis praising the Harbormaster but he’s addressing the fact that the NHMC really works; the mooring system really works; and that the most important thing overall is communication. Mr. Mobilia said that Mr. Davis is moving to Norwalk from Florida and obviously was well pleased with Mr. Griffin’s assistance.
3. COMMITTEE REPORTS
a) Application Review - Clark
Ms. Clark said that she wanted to make two brief points. She said that the Application Review has tremendous impact on the state of the harbor and its fragile ecosystem, as well as the activities that go on. Also, it is important to remember that the decisions they make may have significant impact on the usage and the values of the properties they’re looking at. She reminded everyone that they take these things very seriously as they are exploring all of the different issues involved.
1. 2006-05 ROBERT BLOOM, 44 COVE AVENUE FOR WORK AT 120 WATER ST. CT DEP NOTICE OF TENTATIVE DETERMINATION #2003402196 FOR PROPOSED TRAVEL LIFT, TIMBER PIER, FLOATING DOCKS, AND DREDGING. WORK INCLUDES REMOVAL OF EXISTING MARINE RAILWAY, FLOATS, DEBRIS AND PILES FOR UPLAND DISPOSAL; 12,200 SQ. FT. LANDWARD OF FEDERAL CHANNEL TO BE DREDGED TO 8’ BELOW MLW WITH 1’ OVERDREDGE WITH 3,379 CU YARDS TO BE DISPOSED AT AN APPROVED DISPOSAL SITE.
Ms. Clark stated the DEP has issued a notice of tentative determination for an application that includes proposed travel lift; timber pier and dredging and will also include the removal of an existing marine railway, the floats, debris and piles that are currently on the property along the water, which will be removed for upland disposal. There is also an application for dredging which would be a removal of about 3,379 cubic yards to allow roughly eight feet below mean water level to be overdredged. The business is a water-dependent use and this is to support the loading and unloading of commercial fishing vessels.
** MS. CLARK MOTIONED THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS APPLICATION
FOR CDP #200302196 TO CT DEP BY ROBERT BLOOM, 44 COVE AVE. FOR WORK AT 120 WATER
ST. INVOLVING REMOVAL OF MARINE RAILWAY, FLOATS, PILES AND DEBRIS; INSTALLATION
OF TRAVEL LIFT PIT; 3’ x 20’ PIERS AND CATWALK; NEW 60’ PIER, 27 x 4 AL RAMP
& PILINGS; 60 x 6 FLOAT; DREDGE TO 8’ BELOW MLW WITH 1’ OVERDREDGE CONSISTENT
WITH THE HARBOR MANAGEMENT PLAN, AND MOVE TO RECOMMEND FAVORABLE ACTION.
** MR. PALAU SECONDED.
** MOTION PASSED UNANIMOUSLY.
2. 2005-26 (Con’t.): STACY WALDMAN BASS, 25/27 COVLEE DRIVE FOR WORK AT SAME.
CT DEP COP APPLICATION #2005-153-KB FOR INSTALLATION OF TIE-OFF PILING IN THE
WATERS ADJACENT TO BERMUDA LAGOON. DEP HAS CLOSED THIS APPLICATION DUE TO NONCOMPLIANCE
OF EXISTING DOCK PERMITTED UNDER #200103592-KB. NHMC HAD REVIEWED TIE-OFF PILING
AND RECOMMENDED FAVORABLE ACTION WITH STANDARD LANGUAGE REGARDING NO VESSEL
TO REST ON BOTTOM.
Ms. Clark stated the applicant’s property is half in Norwalk and half in Westport. The applicant had submitted an application in December requesting a tie-off piling to be included at a previously-permitted dock. The Committee looked at that application and had said it was consistent with the Harbor Management Plan, provided that no vessel attached to the dock and that piling should rest on the bottom. As the DEP began to review this, they went back to the original permit for the dock and they had found that the dock was not built as permitted. As a result, the DEP has notified the applicant they are closing, or withdrawing, the application and there is conversation going on between the applicant, the applicant’s agent, and the DEP as to what happens next in this situation. The piling has not been installed and cannot be installed until the situation has been resolved by the DEP.
No action was taken on this item.
3. 2005-18 (Con’t.): ROBERT MANNING, 32 YARMOUTH ROAD, FOR WORK AT SAME DEP APPROVAL FOR PERMIT #200502013-KB, GENERAL PERMIT 4/40 DOCK. INCLUDES LANGUAGE REQUIRING “FLOAT STOPS SECURED IN PLACE WITH TWO 12” TIMBER MOORING PILES.” THESE WERE A CONDITION FROM NHMC; REQUEST CLARIFICATION OF LANGUAGE FROM DEP.
Ms. Clark said the permit includes language requiring float stops secured in place with two 12-inch timber mooring piles. These were a condition from the Harbor Commission; however, as they read through the permit, they realized the term “float stops” was used freely and with some inconsistencies throughout the text of the permit. She said the drawing clearly shows what they all agreed to when they looked at it last year, the float stop being a timber that was supported by two pilings, which kept the floating structure from ever resting on the bottom, and that was described in the permit. Ms. Clark said they have gone on to use the term “float stops” for something attached to the float itself, which is not shown in any drawing or described anywhere within the permit. She said they have looked at all of this and Mr. Steadman is going to talk to the DEP to see if they can get some clarification for the term of “float stops” or “float skids.” Ms. Clark said it was her opinion that a “float stop” is something that keeps the floating structure from making contact with the bottom; and a “float skid” would be a structure of some kind attached to the floating structure that, when it is on the bottom, it holds most of the structure off. There was discussion about the difference between “float stop” and “float skid.”
Ms. Clark said another thing that was noted was that in September 2005 we attached three conditions to our recommendation for favorable action. The first was that the float may not rest on the bottom; the third was that they asked for seasonal removal of the float and that is part of the permit, but the second of the three conditions was that the vessel attached to the float may not rest on the bottom, and that was not used in the permit. Mr. Steadman said he had spoken with the DEP regarding the terms “float stops” and “float skids” and the confusion that was resulting, and the DEP agreed. The person he spoke with at the DEP suggested the NHMC write a letter to the permit section expressing their concerns and suggesting how the terms should be used, and that they use the terms consistently. He said they understand the problem. Mr. Steadman said he didn’t ask them about applying the NHMC’s condition about no vessel resting on the bottom, so he will go back and do that.
Ms. Clark inquired if they need to make a motion. Mr. Palau said a motion was
unnecessary as Mr. Steadman was going to write a letter, but Mr. Palau recommended
that Mr. Steadman include the wording “that no vessel attached to the float
may rest on the bottom.” Mr. Griffin commented that at some point when the NHMC
revisits the approach regarding that sentence, they will have to challenge what
the DEP is using as a band-aid approach by using both float stops and float
skids, because neither of them, in any manner, shape, or form, corrects the
problem. He said there is a real need to fix the problem. A brief discussion
followed.
No action was taken on this item.
Mr. D’Andrea arrived at the meeting at 7:56 p.m.
4. USCG, NORWALK CHANNEL LIGHT #14 AND FITCH POINT LIGHT #1
CT DEP FCC-2005-006-SJ AND FCC-2006-011-SJ FOR WORK IN NORWALK HARBOR MAINTAINING
AIDS TO NAVIGATION. WORK INCLUDES REPLACING THE CONCRETE FOUNDATIONS, ADDING
RIPRAP AND REINSTALLING THE EXISTING TOWERS.
Ms. Clark explained that this application is for the repair and renovation of two navigational aids. Channel Light #14 is very badly deteriorated and the Coast Guard will be removing the structure, adding riprap, casting a new concrete structure and replacing the light. The Fitch Point light has degraded concrete and a degraded structure. They will be casting a new structure and adding riprap. Both structures will remain in the original footprint.
Mr. Griffin asked at what time of the year did the applicant intend to do the work, and how long the duration of the project would be, as he was concerned that it would interfere with the boating season. He recommended that additional navigational aids be set up while the project is ongoing.
** MS. CLARK MOTIONED THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS APPLICATION
TO CT DEP FCC-2005-006-SJ AND FCC-2006-011-SJ BY U.S. COAST GUARD CEU PROVIDENCE,
300 METRO CENTER BLVD., WARWICK, R.I. FOR WORK AT NORWALK CHANNEL LIGHT #14
AND FITCH POINT LIGHIT #1 INVOLVING NEW CONCRETE BASES, ADDITIONAL RIPRAP, REINSTALLATION
OF EXISTING STRUCTURES AND LIGHTS IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN
AND MOVE TO RECOMMEND FAVORABLE ACTION WITH COMMENT THAT TEMPORARY AIDS TO NAVIGATION
SHOULD BE IN PLACE FOR THE DURATION OF REPAIRS.
** DR. PINTO SECONDED.
** MOTION PASSED UNANIMOUSLY.
5. 2004-18 DAVID EVANS, 11 SEASIDE PLACE – UPDATE OF PERMIT
Ms. Clark stated they had originally looked at the application in December
2004 for a dinghy dock including a pier, ramp and floating dock off a private
residence. It was found not consistent with the Harbor Management plan due to
concerns from the Shellfish Commission. A letter was sent to the DEP on December
29, 2004 but nothing was heard back until April 2006 when they received the
revised permit. Ms. Clark said the structure was 82 feet instead of the original
92 feet, and includes not only the pier, ramp and float but the float is anchored
in place with 400 lb. Mushroom anchors and chains, resting on the bottom.
Ms. Clark said there were two concerns with this permit. Firstly, that the DEP
issued this permit on the revised application and the NHMC never saw it, and
that it passed with no strongly worded comment from the NHMC. The second concern
was that the permit also includes a structure that will rest on the bottom.
Mr. Frank, chairman of the Shellfish Commission, commented that there is now the first good set of oysters in Norwalk Harbor since 1999 and that he has an appointment on Thursday afternoon with Corporation Counsel to find out what the legal possibilities may be regarding this situation.
Mr. Steadman stated he has spoken with Mr. Frank, the Bureau of Aquaculture; the DEP and different people than Mr. Frank has spoken with. He said the Bureau of Aquaculture saw the mushroom anchors as less impacting than pylons, and that nowhere in the actual permit does it mention the removal of anything. Ms. Clark said she reviewed the permit and it does mention removal. Discussion followed.
Mr. Mobilia said he was concerned because this permit never came to the NHMC and they never weighed in on it, and he asked whether it was consistent with the Harbor Management Plan. If it is, then he recommended taking the issue up that the NHMC was never notified about the permit. Discussion continued. Mr. Palau stated they need to get Corporation Counsel’s opinion on the matter. Ms. Clark stated they should support the findings of the Shellfish Commission. Mr. Griffin stated that he agreed 100% with the Shellfish Commission. A lengthy discussion followed.
** MS. CLARK MOTIONED THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS CT
DEP PERMIT #2003002205v ISSUED TO DAVID EVANS, 11 SEASIDE PLACE, EAST NORWALK
FOR WORK AT SAME INVOLVING INSTALLATION OF TIMBER PIER, RAMP, AND FLOATING DOCK
ANCHORED BY FOUR 400 LB. MUSHROOM ANCHORS IS IN CONFLICT WITH THE STATE APPROVED
AND CITY ADOPTED NHM PLAN. THE NHMC FINDS THAT THE INSTALLATION OF A TIMBER
PIER, ALUMINUM RAMP AND FLOATING DOCK ANCHORED BY FOUR 400 LB. MUSHROOM ANCHORS
AND CHAINS IS IN CONFLICT WITH THE STATE-APPROVED AND CITY OF NORWALK-ADOPTED
GUIDELINES SET FORTH BY THE HARBOR MANAGEMENT PLAN.
** DR. PINTO SECONDED.
** MOTION PASSED UNANIMOUSLY.
Ms. Clark commented that she is greatly concerned about the flow of information that isn’t making it into the NHMC. Mr. Romano suggested that it might be appropriate to do some lobbying up and down the harbor. A brief discussion followed.
b) Finance – Cebrian
Mr. Mobilia welcomed Mr. Cebrian as chair of the Finance Committee.
Mr. Cebrian stated that the NHMC is currently solvent; all is well; and that all chits for the month are written out.
Mr. Mobilia commented that for the upcoming Finance meeting at City Hall, there should be an appropriation of funds for refreshments.
c) Web Page/Newsletter – Farrow
Mr. Farrow distributed copies of the newsletter to the members. He stated that Mr. D’Andrea and Mr. Steadman mailed copies out to everyone on the mailing list.
d) Boating and Harbor Safety – Farrow
There was no report at this time.
e) Water Quality Committee – D’Andrea
Mr. D’Andrea distributed copies of his report to the members and highlighted various points.
f) Plans and Recommendations – Callahan
Mr. Callahan stated that Mr. Cebrian has established a budget that will cover actual expenses and asked Mr. Steadman to read aloud a letter regarding the surplus of funds in the boating account. Mr. Steadman did so.
g) Dredging – Pinto and dredging committee (Mobilia, Griffin, Steadman)
Dr. Pinto stated that the forum went well although there was not enough feedback from the DEP. He said this has gotten the ball rolling for Phase II of the dredging project.
Mr. Mobilia thanked Dr. Pinto and the committee for their efforts on behalf of the dredging project. He asked if everyone had seen the editorial on the dredging project in The Hour’s Monday edition, asking if the glass was half empty or half full. A lengthy discussion followed.
h) Waterfront Facilities Advisory – Griffin
Mr. Griffin distributed his report and highlighted various points.
4. STAFF REPORTS
a) Harbor Master - Griffin
Mr. Griffin distributed copies of his report to the members. He stated that the postal account has a balance of $44.75 and mentioned that there will be a Regatta on Sunday, May 7th. He also discussed the Sprite Island mooring field.
b) Consultant – Steadman
Mr. Steadman had no report at this time.
c) Planning & Zoning – Greene/DeMarche
Mr. DeMarche distributed the updated list of Commissioners to the members.
5. APPROVAL OF MARCH 29, 2006 MINUTES
Corrections to the minutes of March 29, 2006 are as follows:
Page 4, 2nd paragraph, 1st line; change “Copely Avenue” to “Covlee Avenue.”
Page 8, Item #8, Other Comments, insert “the late” before “Dave Dunavan.”
** MS. CLARK MOTIONED TO ACCEPT THE MINUTES OF THE MARCH 29, 2006 MEETING AS
CORRECTED.
** MR. PALAU SECONDED.
** MOTION PASSED UNANIMOUSLY.
6. NEW BUSINESS / OLD BUSINESS
Mr. Romano complemented the supplement that appeared in The Hour Newspaper.
There was no old business.
7. ADJOURNMENT
** MR. PALAU MOTIONED TO ADJOURN THE MEETING.
** 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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