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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
CITY OF NORWALK
HARBOR MANAGEMENT COMMISSION
REGULAR MEETING
DECEMBER 20, 2006
ATTENDANCE: Tony Mobilia, Chairman; Patricia Clark, Henry Palau, Jose
Cebrian, Dr. John Pinto (8:10 p.m.)
STAFF: Frank Strauch, Planning and Zoning
OTHERS: John Frank, Shellfish Commissioner; Michael Griffin, Harbor
Master; Geoff Steadman, Brian Griffin, Deputy Harbor Master,
Gerald Frank
CALL TO ORDER
Mr. Mobilia called the meeting to order at 7:45 p.m. He announced that there
was not a quorum present.
CHAIRMAN’S REPORT
Administrative Business
Correspondence
Mr. Mobilia stated that he had received a phone call during the week from the Regional Planning Stewardship Group. Mr. John Atkins is associated with that group and had said that he would be attending tonight’s meeting to talk about a possible grant for Water Quality projects in Norwalk.
A letter with the Commission’s comments was sent out to the DEP regarding the Arthur and Katherine Draper, who reside at 9 Nathan Hale Drive and are applying for a project at 9 Gregory Court.
Confirmation has been received that Governor Rell has appointed Brian Griffin as Deputy Harbor Master for a term of three years. Mr. Mobilia expressed his appreciation for this appointment.
The Mayor’s Ball is scheduled for January 19th. Mr. Mobilia asked for a sense of the Commission as to whether the Commission wished to supply a picture of the Harbor for the silent auction. Half of the proceeds go to the David S. Dunavan Boating Center. Ms. Clark asked if the photographs were well received last year. Mr. Mobilia said that last year, two pictures had been donated and that they had brought in $650. The Commission was agreeable to this idea.
Mr. Mobilia asked Mr. Steadman to give the Commission an overview of his discussion with Mr. Atkins from Regional Planning Stewardship Group. Mr. Steadman said that the group that applied for the grant is the Regional Plan Association, which is a tri-state, non-profit regional planning organization. The group has been in existence for a long time and they provide technical assistance for New York, New Jersey and Connecticut. The group has a representative on a federal committee that was established by the Long Island Sound Stewardship Act. Norwalk has been designated as one of a number of potential environmental stewardship sites on Long Island Sound. This was announced during the previous administration. This qualifies the City as eligible for funds from Congress offered by this Stewardship Act in order to increase and develop programs for the public to be involved in environmental stewardship. Previously, the Regional Plan Association had applied for a grant from the National Fish and Wildlife Foundation, which in partnership with the EPA’s Long Island Sound Study has created a pool of funds that can be used to develop stewardship plans for the communities that were identified as being potential locations. The grant application was due last week. This application requests funds to prepare a stewardship plan for Norwalk, which would advance the Harbor Management Plan. If the funds are granted, then the Regional Plan Association will want to meet with the Harbor Management Commission about what sort of projects the funds might be used for, including perhaps the Water Quality Intern program. Mr. Steadman continued to suggest several projects, such as the run off from the Interstate 95 bridge and impact on the shellfish.
Harbor Master Griffin commented he had heard Terry Backer of the Soundkeeper was involved in the run off problem from the Yankee Doodle Bridge, but was unsure of Mr. Backer’s position on the issue. Harbor Master Griffin also said that previously when there was a local oil spill, the Harbor Master was not notified, nor was there a local record kept of the incident. Now when local oil spills take place, the Norwalk Fire Department now notify the Harbor Master and the Harbor Master now also receives a faxed copy of the accident report. There was also a brief discussion about the amount of pipe that drains into the Norwalk Harbor.
Mr. Mobilia announced that both Ms. Clark and Mr. D’Andrea were up for reappointment at the end of the month. Mr. Farrow’s term is also expiring, but Mr. Farrow has decided not to continue as a member of the Commission.
Finance
Mr. Cebrian stated that the calendar year will end with $3,700. This is approximately $800 short of the earlier projection. There are still a few outstanding bills. The budget was hand delivered on November 30th. The budget will be presented on January 18th for approval.
Web Page/Newsletter
No report this month. Mr. Mobilia said that if no one steps forward to take over the newsletter, he would do it.
Boating and Harbor Safety
No report this month.
Water Quality Committee
Mr. D’Andrea is ill and not able to attend. Mr. Mobilia then read Mr. D’Andrea report to the Committee.
Watershed Initiative Advisory Committee
No report this month.
Plans and Recommendations
No report this month.
Dredging
Mr. Steadman reported that he had spoken to Congressman Shays office about the annual funding request. This should be decided in late February or early March. The funding request that was made last year was for an earmark for fiscal year 2007, which started on October 1st. Congress has not acted on it and left it to the incoming Congress. The incoming Chairman of the Appropriations Committee has announced that they will remove all the previous requests for earmarks and earmarks will no longer be allowed. Mr. Steadman said that he was unsure whether this would happen or not. One earmarked project that is in question is the Dredge Material Management Plan for Long Island, which must be done within an eight year timeframe.
Harbor Master Griffin reported that there was a meeting with Roger Wilcox at Village Creek. There is a problem with disposing of a small amount of material suitable for open water disposal. The group has the money and the permit, but do not have the material for a cap. Harbor Master Griffin said that there were a number of members from the DEP at the CHMA dinner. The subject matter was dredging and Harbor Master Griffin commented to one of the speakers that the capping requirement prevents a number of projects from being done. There is a difference of opinion between the Federal Environmental Protection Agency and the State Department of Environmental Protection and this is where the problem exists. Rhode Island changed their State statutes so that the state requirements could not exceed the federal requirements because their dredging requirements were in terrible state, which is similar to what is going on in Connecticut. When Harbor Master Griffin asked for a comment on this issue from the officials present, the reply was that Federal testing was not based on upon real criteria of numbers. The State uses different criteria. When asked whether Harbor Master Griffin was talking about Norwalk specifically, the Harbor Master replied that while Norwalk had this problem, it was statewide. Harbor Master Griffin then went on to explain the details of this conversation. He concluded that the permit that Norwalk has from the DEP is expiring because of the internal sciences having a given shelf life. Harbor Master Griffin stated that he believed that ultimately the goal was to delay Norwalk out of the permit cycle and require the City to reapply. The DEP has not given any hard core facts and numbers regarding the unsuitable sampling materials.
Dr. Pinto joined the meeting at 8:10 p.m. A quorum was now present.
Waterfront Facility Advisory
No report this month.
Application Review
# 2006-21 – Robert Sisca, 11 Winfield St., Director of Canfield Crossing Association for work at 1 Canfield Crossing.
** MS. CLARK MOVED TO FIND THE APPLICATION OF # 2006-21 – ROBERT SISCA, 11
WINFIELD ST., DIRECTOR OF CANFIELD CROSSING ASSOCIATION FOR WORK AT 1 CANFIELD
CROSSING INVOLVING CONSTRUCTION OF A SHARED SMALL BOAT FACILITY, A 68 FOOT STRUCTURE
OF PIER, RAMP AND STRUT-SUPPORTED FLOAT WITH SKIDS IS NOT CONSISTENT WITH THE
HARBOR MANAGEMENT PLAN FOR THE REASONS STATED BELOW; AND MOVE TO RECOMMEND
THE PROJECT NOT BE APPROVED IN ITS PRESENT FORM BECAUSE:
THE FLOATING DOCK AS PROPOSED WILL LIKELY REST ON THE BOTTOM AT THE TIME OF LOW TIDE AND IS UNDER OBJECTION BY THE SHELLFISH COMMISSION.
** DR. PINTO SECONDED.
Ms. Clark said that agent for the applicant was present at the meeting and is currently in the process of preparing some revised drawings for the Commission to review in the future.
** THE MOTION PASSED UNANIMOUSLY.
Mr. Frank asked about the notation of 12 inch depth on one of the drawings. Ms. Clark indicated where the information was on the documents. Mr. Palau asked whether there needed to be a professional engineering plan. Mr. Steadman informed the Commission that the instructions for preparing an application for the DEP do not require professional engineering plans for residential docks.
#2206-22 – Gardella Brothers Limited Partnership, 144 Water Street for work at Shore Acres at 44-54 Calf Pasture Beach Road.
Ms. Clark reviewed the details of the application with the Commission. The DEP now requires all plans be reduced to 8 1/2” x 11” made the plans unreadable. Because of this, the Committee tabled the application. Ms. Clark was able to get a set of drawings from the engineer. One concern was with the storm water management run off. A major question regarding whether Dolphin Road is going to be a city owned road or a private road was raised. To the best of anyone’s knowledge, this road will be a private road, not city owned. It will be build to City standards, but it is assumed that it will be a private road. The Commission then reviewed the proposed drawings. There was a lengthy discussion about the hypothetical future development of the project. It was decided that because the storm water will drain into Cove Marina, the future development plans would come before the Harbor Management Commission.
Ms. Clark referred to a letter written to Ms. Wilson of the Norwalk Planning and Zoning Department on February 3, 2006 by Chairman Mobilia regarding this application. She said that the language needed to be incorporated into the conditions of the permit. A lengthy discussion about the pedestrian easement that runs along the bulkhead at Charles Creek and other details of the proposed plan followed.
There were strong concerns expressed about the flooding that occurs on Calf Pasture Beach Road during heavy rainstorms and exceptionally high tides. Ms. Clark suggested that this comment be included in a cover letter.
** MR. PALAU MOVED TO RECOMMEND THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FIND APPLICATION # 2006-22 GARDELLA BROTHERS LIMITED PARTNERSHIP, 144 WATER STREET FOR WORK AT SHORE ACRES AT 44-54 CALF PASTURE BEACH ROAD INVOLVING CONSTRUSTION OF A NEW 650 FOOT LONG ROAD, DOLPHIN ROAD, AND INSTALLATION OF SANITARY SEWERS, MUNICIPAL WATER AND A STORM WATER COLLECITON SYSTEM – THE STORM WATER COLLECTION TO CONTAIN ULTRA URBAN CATCH BASINS FILTER INSERTS AND THE STORM WATER DISCHARGE TO BE CONNECTED TO AN EXISITING STORM MANHOLE LOCATED ON CALF PASTURE BEACH ROAD WITH DISCHARGE INTO THE ADJACENT MARINE BASIN IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN AND MOVE TO RECOMMEND FAVORABLE ACTION WITH THE FOLLOWING CONDITIONS OR COMMENTS:
IF THE PROPOSED NEW ROAD IS TO BE PRIVATELY MAINTAINED, AN APPROPRIATE AGREEMENT SHOULD BE EXECUTED BETWEEN THE PROPERTY OWNERS AND THE CITY TO ENSURE PROPER MONITORING AND MAINTENANCE OF ALL STORMWATER MANAGEMENT AND TREATMENT FACILITIES; AND
THE COMMISSION RESERVES ITS RIGHT TO REVIEW THE PROPOSAL IN ITS FINAL FORM
AND COMMENT ON ANY FURTHER PLANS FOR THIS PROJECT THAT MAY BE SUBMITTED FOR
APPROVAL.
** DR. PINTO SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
** MS. CLARK MOVED TO SUSPEND THE RULES TO DISCUSS APPLICATION #2006-18 - NICK
DINAPOLI OF 15 ISLAND DRIVE, EAST NORWALK FOR REPLACEMENT WORK ON THE CHARLES
CREEK BULKHEAD LOCATED AT THE SAME ADDRESS.
** DR. PINTO SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
Ms. Clark reported that Mr. DiNapoli of 15 Island Drive for work at Charles Creek to replace a deteriorating bulkhead received his permit from the DEP. Ms. Clark reminded the Commission that the Harbor Management had voted on September 19th not to recommend that a permit be issued for various reasons. Ms. Clark reviewed the details of the original application and proposed dock. She commented that there were encroachment issues and there were also unauthorized docks on the property. Revised drawings were submitted on November 14th and the DEP permit was issued on November 29th, which includes the unauthorized dock. While the net result was positive, dismay was expressed over the fact that the DEP was not communicating with the Commission. Ms. Clark suggested that the Commission write a letter to Mr. Brian Thompson of the DEP about this issue. This suggestion was discussed by the Commission and found to be agreeable to all.
# 2006-23 – Review of FERC Environmental Impact report on the Broadwater Energy proposal.
Ms. Clark reported that all the permitting is being handled through New York State. Ms. Clark asked how the Commission could put forward meaningful commentary. Mr. Mobilia commented that Norwalk Common Council had issued a resolution on October 11, 2005 opposing the Liquefied Natural Gas (LNG) facility as proposed by Broadwater.
Mr. Steadman read a copy of the draft of a letter in response to the FERC Environmental Impact statement. He noted that there had been a public notice issued in New York from the Army Corps of Engineers regarding building the facility. Public hearings are being held on both issues. The significant part of the approval process now rests with the State of New York. Mr. Steadman then reviewed the history of FERC decision for the Commission. One question raised was, while New York was requiring that the federal plans be consistent with their State Coastal Management, why wouldn’t Connecticut have the same authority over the review of the FERC decision. Mr. Steadman went on to explain the details of the issue. There was a detailed discussion of the impact that the LNG pipe will have on the water temperature and the increased shipping traffic in Long Island Sound. Mr. Steadman listed key points that a statement presented to Mr. Blumenthal and Mr. McCarthy about this issue to should include and suggested that that a copy also be given to Mayor Moccia. Mr. Mobilia commented a news article reporting that the Massachusetts governor had signed off on the LNG terminals appeared in the Advocate on December 20th. Ms. Clark stated that the Norwalk Harbor Management Commission needed to state the Commission’s position on this issue for the record. Dr. Pinto commented that based on the 2005 resolution by the Common Council, the Harbor Management Commission is in sync with the Administration.
** MS. CLARK MOVED TO AUTHORIZE MR. STEADMAN AND MR. MOBILIA TO DRAFT A STATEMENT
EXPRESSING THE COMMISSION’S CONCERNS ABOUT THE PROCEDURE BEING FOLLOWED AND
EXPRESS A RECOMMENDATION THAT THE PROJECT BE REVIEWED BY THE CONNECTICUT COASTAL
MANAGEMENT AGENCY.
** MR. PALAU SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
# 2006-24 – Review of CT DEP Draft Proposal for Legislation
Harbor Master Griffin stated that he was working on this issue and asked the members of the Commission to pass their comments to him.
STAFF REPORT
Harbor Master
Harbor Master Griffin stated that there was no report this month. He stated that at the January meeting he would be giving a summary report.
Consultant
Mr. Steadman briefly spoke about the proposed revision to the Harbor Management Plan and stated that seven copies had been submitted to the appropriate agency.
Planning and Zoning
Mr. Strauch had nothing more to add to his earlier comments regarding the filing system.
APPROVAL OF THE NOVEMBER 29 REGULAR MEETING MINUTES AND THE NOVEMBER 14TH STATE OF THE HARBOR MEETING MINUTES
November 14, 2006 State of the Harbor Meeting Minutes
The following corrections were noted:
Page 2, paragraph 3, line 4: please change “an additional 30,000 cubic yards” to “an additional 4,000 cubic yards”.
Page 2, paragraph 5, line 6: please change “ and capped with 30,000 cubic yards” to “and capped with 4,000 cubic yards”.
Page 5, paragraph 3, line 3: please change “Devine Bros. And OMG” to “Devine Bros. and O&G”
Page 5, paragraph 3, line 4: please change “with principals from OMG” to “with principals from O&G”
**MR. MOBILIA MOVED TO ACCEPT THE MINUTES FOR THE NOVEMBER 14, 2006 MEETING
AS CORRECTED.
** MS. CLARK SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
November 29th Regular Meeting Minutes
Mr. Strauch stated that the minutes from the November 29th meeting had not
yet been received.
NEW BUSINESS/OLD BUSINESS
There was no new or old business to discuss at this time.
ADJOURNMENT
** MR. PALAU MOVED TO ADJOURN.
** DR. PINTO SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
The meeting adjourned at 10:00 p.m.
Respectfully submitted
Sharon L. Soltes
Telesco Secretarial Services
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