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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
JULY 26, 2006
ATTENDANCE: Anthony Mobilia, Chair; Jack Callahan; Tony D’Andrea; Pat Clark;
Henry Palau; Jason Farrow (7:38); Jose Cebrian (7:40); John Pinto (7:40); Brian
Griffin, Assistant Harbormaster.
STAFF:
OTHERS: Geoff Steadman
1. CALL TO ORDER
Mr. Mobilia called the meeting to order at 7:34 p.m.
Mr. Mobilia informed the Commission that Mr. Michael Griffin would not be in attendance but that Mr. Brian Griffin would give the Harbor Master’s report, and that Mr. Romano was away on a business trip and would not be attending.
2. CHAIRMAN’S REPORT
Mr. Mobilia reported that four letters had been sent out in the past month for 15 Sylvester Court; 18 Sylvester Court; 55 Wilton Avenue and 57 Wilton Avenue, and all four properties are again before the Commission tonight with Ms. Clark. Mr. Mobilia reported that he received a “CC” on a letter from John Hilts to the DEP which will also be taken up in the Application Review. He also received a “CC” from the Army Corps to Mr. David Evans, a copy of which had been forwarded to the Commission members. Several members said they didn’t receive the copies, and Ms. Clark stated that they were unable to make copies for them this evening because the copy machine was jammed.
Mr. Mobilia said that last month the Commission discussed the letter to the Army Corps about the City’s use of the CAD cells. This matter has been turned over to the DPW and Mr. Dick Linnartz will be taking it over and will be responding to the DEP’s comments and requests.
Administrative Business
Mr. Mobilia said that he would like to form a new ad hoc committee, sort of a task force, to look into the I-95 runoff and see what can be done about it and how the NHMC can get the problem fixed. He would like the committee to examine the situation and think of what could be done to remedy the problem, as well as look into other bridges. He has asked Mr. Palau, Mr. Romano and Mr. Pinto to be on this committee, and he and Mr. Michael Griffin will be ex-officio members and act as consultants. He suggested the first meeting be held some time in August to get things started, and at that time they can determine who will chair the meetings. He was hopeful that in ten years when they have to begin dredging again, this will keep similar problems from happening. Mr. Mobilia said this new committee will work in tandem with the Mayor’s Water Quality committee and Mr. D’Andrea’s input and help will also be available.
Mr. Farrow arrived at the meeting at 7:38 p.m.
Mr. Mobilia remarked that most members of the Nominating Committee were not in attendance, but he would like them to begin exploring candidates for the David S. Dunavan award.
3. COMMITTEE REPORTS
a) Application Review – Clark
Mr. Cebrian and Dr. Pinto arrived at the meeting at 7:40 p.m.
Ms. Clark reported that, because there was no business to discuss, she had cancelled this month’s Application Review Committee meeting, but now there were things needing discussion. She said she would like to ask for a suspension of rules in order to discuss a few items that were not on the agenda. Ms. Clark distributed a two-page document to the Committee members, which included a synopsis of each application, which she then read aloud prior to each application being discussed.
1. 2006-09 STEPHEN AND SUSAN FARANS SCHNITZER, 15 SYLVESTER COURT
CT DEP #200301615-SJ. NOTICE OF TENTATIVE DETERMINATION TO APPROVE APPLICATION
FOR PERMIT TO BUILD A 120’ STRUCTURE CONSISTING OF A 4’ x 86’ PILE SUPPORTED
PIER; 3’ x 38’ ALUMINUM RAMP; AND 8’ x 20’ FLOAT. THE FLOAT IS SHOWN AT 2.6’
ELEVATION AT MEAN LOW WATER AND IS ANCHORED BY TWO PILES. THE SITE IS AT A PRIVATE
RESIDENCE. SMALL ACCESS STAIRS ARE TO BE CONSTRUCTED WATERWARD OF THE EXISTING
SEA WALL. IN ADDITION, THE EXISTING SEA WALL IS TO BE MODIFIED BY REMOVING EXISTING
STAIRS AND FILLING THE APPROXIMATELY 3’ AREA.
Ms. Clark stated that the NHMC had reviewed this application last month and they now have a notice from Long Island Sound Programs Dept. of Environmental Protection giving notice that they are making a tentative determination to approve an application by the Schnitzers at 15 Sylvester Court. Ms. Clark has received a comment from the Norwalk Shellfish Commission, which states that “the applicant’s proposal looks reasonable for the site on a natural shellfish bed, but the Shellfish Commission would like to see evidence that the depths of the dock are accurately measured by a licensed professional.” This was supported by the Norwalk chart.
Ms. Clark said the Shellfish Commission’s copy does not show a side view of violations. The Shellfish Commission’s letter goes on to say that “they do not see a need for a 160 square foot dock larger than originally proposed, but they will not oppose this project if the depths shown are verified, and they can reasonably expect that the dock and any attached boats will not rest on the bottom.”
Ms. Clark said they reviewed this application last month and made a motion to approve and recommend favorable action with two conditions: that no float or vessel shall rest on the bottom at any tide, and that the NHMC reserves the right to review this in its final form. She stated that in its final form it appears to be as they have seen previously. The original plans were dated April 2, 2003; revised Feb. 2006.
Ms. Clark said she recalled that last month they agreed that the depths had been verified by Seymour Associates, licensed surveyors, and that had been done recently so that they are current depths shown, and that the dock would be floating at low tide. She said she didn’t see a need for the NHMC to revise their findings.
Mr. Palau asked if the application the NHMC approved had the 8’ x 20’ float. Ms. Clark replied that it did. She said that if no one had any comments or questions, they could let their previous findings stand. Mr. Mobilia asked if they had to respond. Ms. Clark said comments were required by August 9th.
** MS. CLARK MOTIONED THAT THE HARBOR MANAGEMENT COMMISSION’S PREVIOUS FINDINGS
OF JUNE 28, 2006 REGARDING THIS APPLICATION SHOULD BE LET STAND.
** MR. PALAU SECONDED.
Mr. Steadman asked if they should include a statement reiterating that they
reserve the right to view the application in its final form. Ms. Clark and Mr.
Mobilia said this is the final form.
** MOTION PASSED UNANIMOUSLY.
2. 2005-14 RICHARD GIROUARD, 10 WOODLAND ROAD, WILSON POINT, SO. NORWALK
CT DEP #20051707 – TS. NOTICE OF TENTATIVE DETERMINATION TO APPROVE APPLICATION
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’ x 20’ 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 reported that the Shellfish Commission sent an email commenting that they were opposed to the design and requested a Public Hearing if the design is not modified to keep the structure off the bottom for a significant amount of time.
Mr. Steadman said he has looked at the application and found it consistent with the Harbor Management Plan. Ms. Clark said the NHMC passed it prior to incorporating their comments about items resting on the bottom. Mr. Cebrian questioned whether they should consider this setting a precedent, and Mr. D’Andrea disagreed. Mr. Mobilia said the NHMC supports the Shellfish Commission.
Ms. Clark suggested wording their comments that the project “contributes to serious damage to the fragile ecosystem.” She said her feeling is that, based on those concerns, the NHMC recommends no favorable action. She asked if the Commission has enough information to make their recommendation tonight or should they table it to the next meeting. Mr. Palau, Mr. Callahan and Mr. D’Andrea all concurred they should move on the application.
** MS. CLARK MOTIONED THAT THE HARBOR MANAGEMENT COMMISSION FINDS APPLICATION
CT DEP #20051707 – TS BY RICHARD GIROUARD OF 10 WOODLAND ROAD, WILSON POINT,
SOUTH NORWALK FOR WORK AT SAME, INVOLVING CONSTRUCTION OF A SMALL CONCRETE PAD,
PILE SUPPORTED 67’ TIMBER PIER, 27’ ALUMINUM RAMP, AND 8’ x 20’ FLOATING DOCK
WITH ALUMINUM FLOAT STABILIZERS TO FACILITATE SHELLFISH HARVESTING WHEN DOCK,
RAMP AND STRUTS ARE REMOVED DURING THE OFF SEASON, IS NOT CONSISTENT WITH THE
HARBOR MANAGEMENT PLAN FOR THE REASONS STATED AND MOVE TO RECOMMEND THAT APPLICATION
CT DEP #20051707-TS NOT BE APPROVED.
** MR. PALAU SECONDED.
** MOTION PASSED UNANIMOUSLY.
3. DISCUSSION OF LETTER TO PETER FRANCIS, DEP FROM JOHN HILTZ
2006-11 GEOFFREY BERINGER, 55 ROTON AVENUE, ROWAYTON
Mr. Mobilia said he received a “CC” on the letter and described it to the Commission. Ms. Clark said they are working hard to make sure every recommendation references the City-approved Harbor Management Plan. Discussion followed.
Mr. Palau suggested that the Evans letter has good language in it, and the Commission should use the same language to respond to this issue. He asked if the Commission ought to consult with Mr. Robert Maslan before proceeding. Mr. Mobilia agreed. Mr. Cebrian suggested they go to Mr. Maslan with the bulk of the information supporting their arguments. Mr. Mobilia said he would call Mr. Maslan and make an appointment for the following week, and in the meantime, the Commission can go back and forth with emails and conversations to construct their letter. Mr. Mobilia accepted Mr. Palau, Ms. Clark, and Mr. Steadman to accompany him in the meeting with Mr. Maslan.
4. UPDATE – EVANS DOCK
Ms. Clark reported that she received a copy of a July 15, 2006 letter from the Army Corps regarding Mr. Evans’ dock. She stated that the letter says the project is ineligible for a permit. Discussion followed.
5. UPDATE - 44 YARMOUTH ROAD
Ms. Clark stated that the current situation has Mr. St. Denis blocking off
the end of the road again, and informing his neighbors that he had a permit
to do so. Ms. Clark said she went out to the area earlier in the day and took
photographs, which she distributed to the members. She reported that there was
no activity, but that the size of the foundation is massive. Mr. Palau commented
that there can only be one dock on the property.
Discussion followed.
b) Finance – Cebrian
Mr. Cebrian reported that the Commission is still solvent. He has followed up on the State tax on permits and has spoken with Mr. Robert Maslan, who said that if the NHMC hasn’t been bothered by it, not to worry about it. A brief discussion followed about taxes on mooring permits.
c) Web Page/Newsletter – Farrow
Mr. Farrow reported that the website update is now current. He reminded the members that the newsletter deadline is August 28th.
d) Boating and Harbor Safety – Farrow
There was no report at this time.
e) Water Quality Committee – D’Andrea
Mr. D’Andrea reported that the water temperature today was at 81 degrees. He stated that he is running approximately $270 ahead of last year, and will terminate the program early so it doesn’t go over budget. Mr. D’Andrea distributed copies of his report to the members and highlighted various points, including his finding of fecal matter and toilet paper in the water off Moody’s Lane. He said the State of CT is benchmarking the Norwalk River for heavy metals testing.
Mr. D’Andrea also reported that he will be making a presentation to the Norwalk River Watershed Initiative tomorrow on Norwalk’s goose management plan.
f) Norwalk River Watershed Initiative Committee – D’Andrea
Mr. D’Andrea questioned if Norwalk had a goose management plan. Discussion about Canadian geese management problems followed.
g) Plans and Recommendations – Callahan
Mr. Callahan said he would like to set a date for a committee meeting on August 16 at 7:30 p.m. in Room 221.
There was no other report at this time.
h) Dredging – Pinto and dredging committee (Mobilia, Griffin, Steadman)
Dr. Pinto stated that he had no report, other than to mention that Phase II needs to be further divided into smaller projects in order to get funding for each piece of the project. Mr. Mobilia suggested the Dredging Committee meet with the Army Corps in August.
i) Waterfront Facilities Advisory – Griffin
Mr. Brian Griffin distributed the written report on behalf of Mr. Michael Griffin, who was not in attendance.
4. STAFF REPORTS
a) Harbor Master - Griffin
Mr. Brian Griffin distributed copies of Mr. Michael Griffin’s report to the members for their review.
b) Consultant – Steadman
Mr. Steadman commented that he had given his report on the plan earlier in the meeting. He summarized his meeting with John and Marcy Balint of DEP and reported that they had taken a field visit to see the Evans dock. Mr. Steadman said they have made some agreements on how to further modify language regarding docks and vessels resting on the bottom.
c) Planning & Zoning – Greene/DeMarche
Mr. DeMarche had no report at this time.
5. APPROVAL OF JUNE 28, 2006 MINUTES
Corrections to the minutes of June 28, 2006 are as follows:
Page 1, Item #2, Chairman’s Report, 1st paragraph; change 2nd line to read,
“He received a letter
from the DEP about excess Boat Registration funds, with thanks for the NHMC’s
comments but the excess money is going to be slated somewhere else.”
Page 1, Item #2, Chairman’s Report, 1st paragraph, 3rd line; change to read,
“Mr. Mobilia said
they had asked for the form to request these funds and he felt the Commission
should
send another letter thanking the DEP for their thanks, but stating they would
still like to
see the application form, so they could go on record…..”
Page 1, Item #2, Chairman’s Report, 2nd paragraph, 2nd sentence; change to read,
“They had to
resubmit the letter because it has been two years and there have been personnel
changes in Hartford so it had to be brought up to date.”
Page 1, Item #2, Chairman’s Report, 3rd paragraph, 1st sentence; change “without
their comment”
to “without our comment”.
Page 2, Item #2, Chairman’s Report, 3rd paragraph, 1st sentence; change “P&Z”
to “DEP”.
Page 2, Item #2, Chairman’s Report, Administrative Business; change spelling
of “Marcie Belant
(sp)” to “Marcy Balint” and insert “on” after Ms. Balint’s name.
Page 6, 3rd paragraph; change “Christine Balantuono (sp)” to “Kristen Bellanuono”.
Page 7, Item C, Web Page Newsletter, 2nd sentence, change to read, “Mr. Griffin
said that he had
sent an email regarding Devine Brothers.”
Page 8, Item H, Dredging; change 2nd sentence to read, “Mr. Mobilia commented
that he had
received a letter last month for money to be refunded to the City for use of
the CAD
cells.”
Page 8, Item #5, Approval of April 26, 2006 Minutes; change all April 26, 2006
dates to the
correct date of May 26, 2006.
Page 9, Motion to accept May 26, 2006 minutes; change date in motion from “March
29, 2006” to “May 26, 2006”.
** MR. PALAU MOTIONED TO ACCEPT THE MINUTES OF THE JUNE 28, 2006 MEETING AS
AMENDED.
** MR. D’ANDREA SECONDED.
** MOTION PASSED UNANIMOUSLY.
6. NEW BUSINESS / OLD BUSINESS
There was no old business.
There was no new business.
7. ADJOURNMENT
** MR. PALAU MOTIONED TO ADJOURN THE MEETING.
** MR. D’ANDREA SECONDED.
** MOTION PASSED UNANIMOUSLY.
The meeting was adjourned at 9:55 p.m.
Respectfully submitted,
Linda J. Hayes
Telesco Secretarial Services
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