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CITY OF NORWALK
HARBOR MANAGEMENT COMMISSION
REGULAR MEETING
JANUARY 24, 2007

ATTENDANCE: Tony Mobilia, Chairman; Patricia Clark, Henry Palau, Dr. John
Pinto, Jack Callahan, Tony D’Andrea

STAFF: Frank Strauch, Planning and Zoning

OTHERS: Michael Griffin, Harbor Master; Geoff Steadman, Brian Griffin,
Deputy Harbor Master,

CALL TO ORDER

Mr. Mobilia called the meeting to order at 7:35 p.m. He announced that there was not a quorum present.
PUBLIC COMMENT

There was no one present from the public.

CHAIRMAN’S REPORT

Mr. Mobilia congratulated Mr. D’Andrea and Ms. Clark on their reappointment to the Commission.

Mr. Mobilia also reported that he had planned on attending a meeting with the Mayor and the DOT about run off from Interstate 95 and that this meeting had been rescheduled for January 30th at 11:30 a.m. Dr. Pinto asked if there was any way that the amount of material that is being captured by the drain filters could be measured. Mr. Mobilia said he would ask about that.

Mr. Cebrian and Mr. Mobilia met with the Finance Department to review the grant. Mr. Mobilia has not heard back from Finance about the grant. Harbor Master Griffin reported that he had heard positive feedback about Mr. Cebrian and Mr. Mobilia’s presentation.

The two donated harbor photographs that were donated to the Mayor’s Ball sold, one for $125 and the second for $195. Half of the selling price for each picture will come to the Commission.

Mr. Mobilia reported that he had not heard anything about the Mayor appointing a new Commissioner. Since Mr. Farrow had been doing the newsletter and the website, Mr. Mobilia will fill in until someone volunteers. The Fall newsletter went out late and the Spring newsletter will be late. Mr. Mobilia set a deadline of February 28th for articles. A discussion of possible topics for the newsletter articles followed.

Harbor Master Griffin, Dr. Pinto, Mr. Palau and Mr. Mobilia attended the recent Broadwater meeting. The Connecticut Attorney General gave an eloquent speech and comments were sent to FIRC and the Army Corp of Engineers in New York. Harbor Master Griffin commented that he particularly enjoyed the musical performance of “Our Waters, Not Broadwaters”.

Administrative Business – Correspondence

Mr. Mobilia stated that in addition to the above mentioned comments that were sent on Broadwater, letters were also sent to the Connecticut Department of Environmental Protection regarding Application # 2006-21 – Robert Sisca, 11 Winfield St., Director of Canfield Crossing Association and application #2206-22 – Gardella Brothers Limited Partnership, 144 Water Street for work at Shore Acres at 44-54 Calf Pasture Beach Road.

COMMITTEE REPORTS

a. Application Review

2007 – 01: Sean and Deborah O’Connor, 12 Nathan Hale Drive Application to CT DEP & ACOE for construction of a timber pier, ramp, and floating dock at a private residence on Wilson Cove. The structure will extend approximately 83’ waterward of an existing stone wall; the floating dock will be sited at a depth of approximately 2.8’ at MLW. The proposed work also includes the removal of semi-submerged pilings approximately 100’ south of the property which present a hazard to local boaters.

After review by the Application Committee, Ms. Clark stated that this application was consistent with the Harbor Management Plan. Ms. Clark also stated that she had received a written communication from Shellfish Commissioner Frank stating that there were shellfish beds nearby and recommending the seasonal removal of the ramp and float.

** MS. CLARK MOVED TO FIND THE APPLICATION 2007 – 01: SEAN AND DEBORAH O’CONNOR, 12 NATHAN HALE DRIVE APPLICATION TO CT DEP & ACOE FOR CONSTRUCTION OF A TIMBER PIER, RAMP, AND FLOATING DOCK AT A PRIVATE RESIDENCE ON WILSON COVE. THE STRUCTURE WILL EXTEND APPROXIMATELY 83’ WATERWARD OF AN EXISTING STONE WALL; THE FLOATING DOCK WILL BE SITED AT A DEPTH OF APPROXIMATELY 2.8’ AT MLW. THE PROPOSED WORK ALSO INCLUDES THE REMOVAL OF SEMI-SUBMERGED PILINGS APPROXIMATELY 100’ SOUTH OF THE PROPERTY WHICH PRESENT A HAZARD TO LOCAL BOATERS IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN AND MOVE TO RECOMMEND FAVORABLE ACTION WITH THE FOLLOWING CONDITIONS OR COMMENTS:

THAT THE PROPOSED STRUCTURE NOT BE IN CONFLICT WITH THE STATE STATUTE 26-157A(E) REGARDING STRUCTURES ON SHELLFISH BEDS;

AND THAT THE NORWALK HARBOR MANAGEMENT COMMISSION RESERVES THE RIGHT TO REVIEW THE APPLICATION IN ITS FINAL FORM.

** THE MOTION PASSED UNANIMOUSLY.

2007 – 02: Pramer Oyster Co, Inc. 35 Harbor Avenue, Norwalk Application to CT DEP Boating Division for work in the waters of Norwalk Harbor and an amendment to his Oyster Permit #103/0503-470. The proposed work includes increasing the number of aft locations on lots 200, 220, and 244, which are owned by the applicant. The application also requests increasing the size of permitted floats to 10’ x 48’. Additionally the applicant would like to increase the number of moorings to 10. The Norwalk Shellfish Commission has reviewed this application and submitted comments.

Ms. Clark reviewed the application, which is seeking to move markers and equipment from one section of the Harbor area to another. The applications committee originally intended to recommend approval of this application but it was discovered that the applicant does not have the proper valid permits at this time. A letter dated January 22, 2007 stating this was received from Mr. David Cary of the Department of Environmental Protection Agency. In view of this development, the Applications Committee recommends that the Commission disregard their original recommendation for approval.

When asked by the Commission members how the Zoning Department handles this type of situation, Mr. Strauch said that if violations are found on a site, the application process stops immediately and the application become null and void. A new application cannot be submitted until the violations are corrected.

Ms. Clark was asked how this application was submitted. Harbor Master Griffin explained that he had been given the application to sign off on, but passed it along to Ms. Clark for review. Ms. Clark suggested that a formal motion be made on sending a letter to the Department of Environmental Protection. Mr. Steadman explained that the Bureau of Aquaculture has authority, but they require both State and Federal permits.

Harbor Master Griffin stated that it was a request for regulatory buoys, which are not properly permitted. The matter has been duly considered but there will be no action because there are major issues involved, which will need to be discussed at a later date.

A discussion of the implications of this issue followed.

** MS. CLARK MOVED THE FOLLOWING STATEMENT REGARDING APPLICATION 2007 – 02: PRAMER OYSTER CO, INC. 35 HARBOR AVENUE, NORWALK APPLICATION TO CT DEP BOATING DIVISION FOR WORK IN THE WATERS OF NORWALK HARBOR AND AN AMENDMENT TO HIS OYSTER PERMIT #103/0503-470. THE PROPOSED WORK INCLUDES INCREASING THE NUMBER OF AFT LOCATIONS ON LOTS 200, 220, AND 244, WHICH ARE OWNED BY THE APPLICANT. THE APPLICATION ALSO REQUESTS INCREASING THE SIZE OF PERMITTED FLOATS TO 10’ X 48’. ADDITIONALLY THE APPLICANT WOULD LIKE TO INCREASE THE NUMBER OF MOORINGS TO 10. THE NORWALK SHELLFISH COMMISSION HAS REVIEWED THIS APPLICATION AND SUBMITTED COMMENTS:

“THE NORWALK HARBOR COMMISSION MOVES THAT AS OF JANUARY 24, 2007, THE CURRENT STRUCTURES ARE IN VIOLATION OF PERMITTING PROCEDURES. NO ACTION SHALL BE TAKEN.”

** DR. PINTO SECONDED.
** THE MOTION PASSED WITH FIVE IN FAVOR (MOBILIA, CLARK, CALLAHAN, PALAU, AND PINTO) AND ONE ABSTENTION (D’ANDREA).

2007-03: Charles Cove Condominium Association, Inc. c/o Allen Management, Inc.,
13 Arcadia Road, Old Greenwich, CT 06870. CT DEP Application #200502442-JW Notice of Tentative Determination for work at 119 Gregory Boulevard, Norwalk along the banks of Charles Creek. The proposed work involves the stabilization of an eroded shoreline at the southern most end of the west bank. Work will include regarding, the installation of staked coir mat and pyramat, and installation of suitable plantings.

Ms. Clark reviewed the application and stated that the Application Committee recommended approval.

** MS. CLARK MOVED TO FIND THE APPLICATION 2007-03: CHARLES COVE CONDOMINIUM ASSOCIATION, INC. C/O ALLEN MANAGEMENT,INC., 13 ARCADIA ROAD, OLD GREENWICH, CT 06870. CT DEP APPLICATION #200502442-JW NOTICE OF TENTATIVE DETERMINATION FOR WORK AT 119 GREGORY BOULEVARD, NORWALK ALONG THE BANKS OF CHARLES CREEK. THE PROPOSED WORK INVOLVES THE STABILIZATION OF AN ERODED SHORELINE AT THE SOUTHERN MOST END OF THE WEST BANK. WORK WILL INCLUDE REGARDING, THE INSTALLATION OF STAKED COIR MAT AND PYRAMAT, AND INSTALLATION OF SUITABLE PLANTINGS.

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

Ms. Clark then stated that she had seen an article in The Hour regarding a DEP determination, but this particular applicant never applied to the Norwalk Harbor Management Commission. It was suggested that a letter be written to the Connecticut Harbor Master Association about the DEP granting permission without local approval. Mr. Steadman stated that the information regarding filing an application with the local Harbor Commission is buried in the instruction sheet rather than on the application form itself. He also pointed out that there is a question of how to enforce this regulation.

A discussion about the DEP’s lack of cooperation followed. Mr. Steadman suggested that a letter be written to Brian Thompson regarding the notification of the Harbor Commission about pertinent applications. He also commented that there would be times when the Harbor Commission would want to approve an action.

OTHER BUSINESS
b. Finance

Mr. Mobilia announced that there would be no financial report this month, but next month, Mr. Cebrian would be presenting the year-end report.

c. Web Page/Newsletter

This was discussed earlier in the meeting.

d. Boating and Harbor Safety

There was no report.

e. Water Quality Committee

Mr. D’Andrea stated that there was nothing new to report.

f. Watershed Initiative Advisory Committee

Mr. D’Andrea stated that Jessica Caplan will be leaving. Mr. D’Andrea said that he would be attending a meeting on January 25th about the Watershed Imitative. The discussion will focus on areas of pollution, salt and sand on the roads, animal droppings, and areas of the riverbank that need improvement. There are seven watershed towns that need to develop an action plan as funds become available. When asked where the funding comes from, Mr. D’Andrea reported that Norwalk contributes approximately six thousand dollars a year to the Imitative. The other six towns contribute less. Harbor Master Griffin said that Mr. D’Andrea had done an incredible job, but he had some concerns about Water Quality generating reports. These report continue to identify problems but do not offer solutions.

g. Plans and Recommendations

Mr. Callahan said that a long-term budget was in process.

h. Dredging

Dr. Pinto stated that a new coordinator had been appointed. This is a State funded position. Dr. Pinto also informed the Commission that State Senator Fasano from the 34th District has written Proposed Bill No. 852 regarding establishing a Harbor Improvement Fund for harbor redevelopment. A discussion of this bill followed.

i. Nominating Committee

A slate of candidates needs to be prepared for a vote at the February meeting.

j. Waterfront Facilities Advisory

Harbor Master Griffin reported that Recreation and Parks was considering changing the rates at the visitor’s pier. The current courtesy period of an hour to an hour and a half was not working. It has been proposed that 20 minutes would be more manageable. Harbor Master Griffin asked the Commission to pass along any comments to him. He also reviewed the day slot fees for six hours has been reduced from $1.00 per foot to .50¢ per foot. Overnight rates will remain at $1.00 per foot.

Harbor Master Griffin also reported that the electric work should be finished at the start of the season. He stated that most marinas don’t meter transients and just incorporate it into a flat fee. A discussion about the various rates in Long Island and other marinas followed.

STAFF REPORTS
a. Harbor Master

Harbor Master Griffin distributed copies of his report to the Commission members. He then outlined the highpoints of his report.

b. Consultant

The Harbor Management Plan revisions are currently being reviewed by the State DEP. The comments are due back by January 25th.

c. Planning and Zoning

There was no comments or report from the Planning and Zoning Department.

APPROVAL OF MINUTES

Minutes from November 29, 2006 Meeting

The following corrections were noted:

Page 2, paragraph 1, line two: please change the following from “The budget meeting is
scheduled for January18th.” to “The grant meeting is scheduled for January18th.”

Page 4, paragraph 7, second portion of the motion: please change “THE NORWALK
HARBOR MANAGEMENT COMMISSION (NHMC) FINDS THE PLAN OR
PROPOSAL IS INCONSISTEN WITH THE HARBOR”

to: “THE NORWALK HARBOR MANAGEMENT COMMISSION (NHMC)
FINDS THE PLAN OR PROPOSAL IS INCONSISTENT WITH THE HARBOR”

Page 5, paragraph 6, Item 2: please change the following from: “2. THE SHELLFISH
COMMISSION IS CONCERNED ABOUT THE POTENTIAL IMPACT OF THE
PROPOSAL AS DESIGNED ON SHELLFISH RESOURCES AND ON
COMEMERICAL HARVESTING AND CULTIVATION OF SHELLFISH
RESOURCES.”

to “2. THE SHELLFISH COMMISSION IS CONCERNED ABOUT THE
POTENTIAL IMPACT OF THE PROPOSAL AS DESIGNED ON SHELLFISH
RESOURCES AND ON COMMERICAL HARVESTING AND CULTIVATION
OF SHELLFISH RESOURCES.”

** DR. PINTO MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 29, 2006 MEETING AS CORRECTED.
** MR. PALAU SECONDED.
** THE MOTION PASSED UNANIMOUSLY.

Minutes from the December 20, 2006 Meeting

Page 1, paragraph 5, line five: please change the following from: “Mr. Mobilia said that
last year, two pictures had been donated and that they had brought in $650.”

To: “Mr. Mobilia said that last year, two pictures had been donated and that they
had brought in $650, 50% of which went to the David S. Dunavan fund.”

Page 7, paragraph 1, line 8: please change the following from: “Blumenthal and Mr.
McCarthy about” to “Blumenthal and Ms. McCarthy about”

** MR. MOBILIA MOVED TO ACCEPT THE MINUTES FROM THE DECEMBER 20, 2006 MEETING AS AMENDED.
** MR. PALAU SECONDED.
** THE MOTION PASSED UNANIMOUSLY.

NEW BUSINESS / OLD BUSINESS

There was no additional new business to conduct.

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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