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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
FEBRUARY 28, 2007
(REVISED MINUTES AS OF MARCH 14, 2006)
ATTENDANCE: Tony Mobilia, Chairman; Henry Palau, Dr. John Pinto, Tony
D’Andrea; Jose Cebrian, (7:40 p.m.)
STAFF: Frank Strauch, Planning and Zoning, Geoff Steadman, Consultant
Michael Griffin, Harbor Master
OTHERS: John Hilts, Agent for Applicant.
1. CALL TO ORDER
Mr. Mobilia called the meeting to order at 7:38 p.m. He noted that a quorum
was not present.
2. PUBLIC COMMENT
There was no public present.
Mr. Cebrian joined the meeting at 7:40 p.m. A quorum was now present.
3. CHAIRMAN’S REPORT
Administrative Business
Mr. Mobilia reported that he had attended a meeting with the Mayor regarding the DOT and the I-95 bridge on January 30th. Due to a scheduling problem, Mr. Mobilia said that he attended the meeting via a conference call. He stated that the DOT is now aware of what Norwalk’s concerns are and that the DOT will examine the bridge. Mr. Mobilia said that he hoped the DOT would acknowledge that the drains are dumping directly into the river. Having these drained filtered would be ideal. Mr. Steadman said that they were also looking into some of the disrepair in the system. Mr. Mobilia reported that the “as built” plans do not match the actual construction and that currently there is nothing in the State budget to repair the bridge. It was commented that the State was planning on reporting their findings back to the Mayor, so it would be important to follow up on this with the Mayor. Mr. Mobilia stated that the Mayor has been a great help with this issue and that Mr. Mobilia believed that the Mayor would help move this project along.
Mr. Strauch delivered the Grant Report from the City to Mr. Mobilia earlier in the evening. The grant for the Harbor Commission will be increased by $253.00. The original overall request was for $13,875 and the final recommendation was for $8.000. There was a discussion about how this number was arrived at by the Council. Mr. Mobilia commented that due to the Dredging Committee’s diligence, the City saved money on the outfall dredging project. The fee from the slips and docks goes into the Recreation and Parks budget. Harbor Master Griffin asked if there was any appeal process. Mr. Strauch commented that as far as he knew, the process was still ongoing. There was additional discussion on this issue.
Mr. Mobilia reported that a check had been received from the Mayor’s Ball for
the auction of two harbor photos in the amount of $157.50, which will be deposited
into the David S. Dunavan Fund.
Correspondence
Two letters were sent out last month. One was sent to the DEP regarding 12 Nathan Hale Drive and its consistency with the Harbor Management Plan. A second letter was also sent to the DEP regarding Charles Cove Condominiums at 119 Gregory Blvd.
Mr. Mobilia stated that it was important that the vacant Commissioner slot be filled quickly in order to have a quorum available for the meetings.
4. ELECTIONS- NOMINATING COMMITTEE
Mr. Mobilia stated that he would turn the meeting over to Dr. Pinto for the discussion on elections.
Dr. Pinto stated that after considerable discussion, a slate was prepared. Dr. Pinto stated that Mr. Mobilia was nominated to remain as Chairman, Ms. Clark would be Vice Chair and Mr. D’Andrea would be the secretary. He then asked if there were any nominations form the floor. Hearing no additional nominations from the floor, Dr. Pinto then proposed the slate as presented.
** DR. PINTO MOVED TO APPOINT MR. MOBILIA AS CHAIRMAN, MS. CLARK AS VICE CHAIR
AND MR. D’ANDREA AS SECRETARY FOR THE NORWALK HARBOR COMMISSION.
** MR. CEBRIAN SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
5. COMMITTEE REPORTS
a. Application Review
2007-04: John J. Moeling, 1 Seabreeze Place
CT DEP #200600100-TS; Notice of Tentative Determination
The proposed work is to remove boulders and old bridge debris and install a
hand railing on a residential property. The proposal will not significantly
impact Shellfish resources.
Dr. Pinto reviewed the application. Mr. Strauch commented that the wife has MS and needs the handrail to have access to the water to launch her kayak. Dr. Pinto pointed out that there are large boulders already in place that have holes drilled in them for a handrail.
** DR. PINTO MOVED FOR THE FOLLOWING:
THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS THE APPLICATION TO CT DEP #200600100-TS; NOTICE OF TENTATIVE DETERMINATION BY JOHN J. MOELING, OF 1 SEABREEZE PLACE FOR WORK AT THE SAME ADDRESS INVOLVING THE REMOVAL OF BOULDERS AND DEBRIS AND INSTALLATION OF A HANDRAIL IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN AND MOVES TO RECOMMEND FAVORABLE ACTIONS WITH THE FOLLOWING COMMENTS:
1.) THERE IS NO INDICATION THAT THE PLANS FOR THIS PROPOSAL HAVE BEEN PREPARED BY A REGISTERED PROFESSIONAL ENGINEER OR SURVEYOR.
2.) THE HARBOR COMMISSION BELIEVES THAT ALL THE WORK WILL BE CONDUCTED ON PRIVATE PROPERTY.
There was some discussion about whether the debris would be removed from the property or simply shifted from one location to another on the property. There was a discussion about this. It was determined that the materials would be removed from one area of the property and relocated to another area of the property. Mr. D’Andrea stated that he wished to go on record as saying that he wanted this application to be treated in the same manner as other applications not withstanding the situation. Concerns about the handrail possibly blocking the public’s access along the waterline were expressed.
It was decided that all work should be conducted on the applicant’s private property and in the applicant’s littoral access area. Further discussion resulted two conditions, including that the work will not unreasonable interfere with the public’s right of access along the shoreline seaward of the mean high water line. Another condition was added specifying that the debris to be removed will be removed upland.
** DR. PINTO MOVED FOR THE FOLLOWING:
THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS THE APPLICATION TO CT DEP #200600100-TS; NOTICE OF TENTATIVE DETERMINATION BY JOHN J. MOELING, OF 1 SEABREEZE PLACE FOR WORK AT THE SAME ADDRESS INVOLVING THE REMOVAL OF BOULDERS AND DEBRIS AND INSTALLATION OF A HANDRAIL IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN AND MOVES TO RECOMMEND FAVORABLE ACTIONS WITH THE FOLLOWING CONDITION:
1.) ALL WORK WILL BE CONDUCTED ON THE APPLICANT’S PROPERTY AND WITHIN THE APPLICANTS LITTORAL ACCESS AREA.
2.) THE PROPOSED WORK WILL NOT INTERFERE WITH THE PUBLIC’S RIGHT OF ACCESS ALONG THE SHORELINE
3.) DEBRIS DESIGNATED FOR REMOVAL OR RELOCATION FROM WITHIN THE INTERTIDAL AREA SHOULD NOT BE MADE SEAWARD.
AND THE FOLLOWING COMMENTS:
1.) THERE IS NO INDICATION THAT THE PLANS FOR THIS PROPOSAL HAVE BEEN PREPARED
BY A REGISTERED PROFESSIONAL ENGINEER OR SURVEYOR.
** MR. PALAU SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
2. 2007-05: Stuart and Jeanette Pertz, 12 Westmere Avenue, Rowayton
CT DEP #200502002-TS; Notice of Tentative Determination. The proposal is to retain an existing stone and masonry seawall, retain repointing activities, and remove a section of deck overhanging the seawall. There will be no impact on shellfish resources.
This application had been before the Commission earlier and tabled pending more information. Dr. Pinto then reviewed the plans with the Commission and indicated where the current seawall is located, which is a non-permitted structure. The applicants want to shorten the deck. Mr. Strauch stated that he had spoken to the DEP and that the deck is a minor infraction. He stated that there was work being done on the stone wall without a permit and the DEP required that the applicants move the deck back so it no longer overshadows the tidal wetlands. The retaining wall may also be non-permitted. Once this is done, the repointing can continue on the sea wall. Harbormaster Griffin asked if the stonewall would have any creep to it. Dr. Pinto said that he did not believe it would. There was some discussion that about whether the Harbor Management Plan was in place when the seawall was constructed. It was commented that the DEP did not levy any penalties against the applicant because the work that is being done is work that would have been permitted if he had applied. Harbormaster Griffin had some concerns about whether this application would deny the public access to the shoreline.
Mr. Strauch explained that while the wall may have been constructed without a permit, after the work is approved by the DEP, the wall will be in compliance because the infraction will have been removed along with the second infraction of the deck extension, which will then also be in compliance. There was further discussion about the various details of this application.
It was then commented that the Commission understands that the purpose of this application is to correct unauthorized work associated with the existing stone and masonry seawall and the overhanging deck. Secondly, regarding unauthorized structures in Norwalk Harbor occurring after the effective date of the Norwalk Harbor Management Plan, it is the policy of the Harbor Management Commission that regulatory agencies should not issue after the fact permits that would bring such structures into compliance unless there are compelling reasons to do so. Thirdly, to the extent that the proposed work does not cause an additional encroachment into Norwalk Harbor or otherwise have a significant adverse impact on the Harbor, we recognize the need to bring the existing structure into compliance. The application drawing does not identify the adjoining property owners.
** DR. PINTO MOVED THAT THE APPLICATION REVIEW COMMITTEE RECOMMENDS THE FOLLOWING MOTION REGARDING THE CT DEP #200502002-TS; NOTICE OF TENTATIVE DETERMINATION. APPLICATION OF STUART AND JEANETTE PERTZ, 12 WESTMERE AVENUE, ROWAYTON FOR WORK AT THE SAME IN BELL ISLAND CREEK INVOLVING THE RETENTION OF THE EXISTING STONE AND MASONRY SEAWALL, REPOINTING ACTIVITIES, AND PARTIAL REMOVAL OF A SECTION OF DECK OVERHANGING THE SEAWALL TO TRANSMIT THE FOLLOWING COMMENTS OF THE NORWALK HARBOR COMMISSION:
1.) THE COMMISSION UNDERSTANDS THAT THE PURPOSE OF THIS APPLICATION IS TO CORRECT UNAUTHORIZED WORK ASSOCIATED WITH THE EXISTING STONE AND MASONRY SEAWALL AND THE OVERHANGING DECK.
2.) REGARDING UNAUTHORIZED STRUCTURES IN NORWALK HARBOR OCCURRING AFTER THE EFFECTIVE DATE OF THE NORWALK HARBOR MANAGEMENT PLAN, IT IS THE POLICY OF THE HARBOR MANAGEMENT COMMISSION THAT REGULATORY AGENCIES SHOULD NOT ISSUE AFTER THE FACT PERMITS THAT WOULD BRING SUCH STRUCTURES INTO COMPLIANCE UNLESS THERE ARE COMPELLING REASONS TO DO SO.
3.) TO THE EXTENT THAT THE PROPOSED WORK DOES NOT CAUSE AN ADDITIONAL ENCROACHMENT INTO NORWALK HARBOR OR OTHERWISE CAUSE A SIGNIFICANT ADVERSE IMPACT ON THE HARBOR, THE COMMISSION RECOGNIZES THE NEED TO BRING THE EXISTING VIOLATION INTO COMPLIANCE.
4.) THE APPLICATION DRAWING DOES NOT IDENTIFY THE ADJOINING PROPERTY OWNERS.
5.) THERE IS NO INDICATION THAT THE PLANS FOR THIS PROPOSAL HAVE BEEN PREPARED BY A REGISTERED PROFESSIONAL ENGINEER OR SURVEYOR.
** MR. PALAU SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
3. 2007-06: Norwalk Cove Marina, 48 Beach Road
CT DEP Permit Application. The proposed work is to install new ramp and floating docks and construct new sheetpiling bulkhead in the waters of Norwalk Harbor and Charles Creek.
Dr. Pinto reviewed the application plans with the details for the Commission. Mr. Strauch gave his report on the application. A discussion about the reasons for installing the new dock and possible impacts followed. It was suggested that a condition might be that the proposed work would not reduce any existing public access requirements that may be attached to the adjoining properties. It was also noted that there was no DEP number on the application. Mr. Strauch stated that the CT DEP Certificate of Permit (COP-2007-033-SJ) for Norwalk Cove Marina for work for work at 48 Beach Road.
** DR. PINTO MOVED THAT THE APPLICATION REVIEW COMMITTEE RECOMMENDS THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FIND THAT APPLICATION # COP-2007-033-SJ BY NORWALK COVE MARINA, 48 BEACH ROAD FOR WORK AT 48 BEACH ROAD INVOLVING THE REMOVAL OF THE 5 FOOT BY 40 FOOT RAMP AND THE INSTALLATION OF A NEW RAMP, PILING AND FLOATING DOCKS, WHICH CONSIST OF A 10 FOOT BY 90 FOOT LONG FLOATING DOCK WITH TWO 12 FOOT BY 10 FOOT FLOATING DOCKS AT THE END IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN AND MOVES TO RECOMMEND FAVORABLE ACTION WITH THE FOLLOWING CONDITIONS:
1.) THE PROPOSED WORK WILL NOT REDUCE ANY EXISTING PUBLIC ACCESS REQUIREMENTS.
** MR. D’ANDREA SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
4. 2007-07: Norwalk Cove Marina, 48 Beach Road
CT DEP COP Application. The proposed work is to install new ramp and floating docks and construct new sheetpiling bulkhead in the waters of Norwalk Harbor and Charles Creek.
Dr. Pinto reviewed the application details with the Commission. This will involve removing around 300 feet of steel bulkhead and remove the gravel and replace the dead man pilings with steel tie rods for reinforcement. Then the area will be backfilled. Previous permission has been granted for repairing this bulkhead and those copies are included with the application.
** DR. PINTO MOVED THAT THE APPLICATION REVIEW COMMITTEE RECOMMENDS THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FIND THAT CT DEP COP APPLICATION FOR NORWALK COVE MARINA, 48 BEACH ROAD FOR WORK AT 48 BEACH ROAD INVOLVING THE INSTALLATION OF TWENTY SEVEN LINEAR FOOT NEW STEEL PILING BULKHEAD WITH THE NECESSARY EXCAVATION FOR THIS IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN AND MOVES TO RECOMMEND FAVORABLE ACTION WITH THE FOLLOWING COMMENTS:
1.) THE COMMISSION SUPPORTS THE MAINTENANCE AND REPAIR AND REPLACEMENT OF THE EXISTING BULKHEADS IN A MANNER TO AVOID THE [INAUDIBLE]
2.) THE NORWALK HARBOR MANAGEMENT COMMISSION RESERVES THE RIGHT TO REVIEW AND COMMENT ON THIS APPLICATION AT SUCH TIME AS ADDITIONAL INFORMATION MAY BE PROVIDED AND OR THIS APPLICATION IS MODIFIED, GO TO PUBLIC NOTICE.
5. 2007-08: Mr. Michael Gray, 30 Shorehaven Road
CT DEP COP Application. The proposed work is to replace an 8’ by 12.5’ floating dock with an 8’ by 20’ floating dock; add timber anchor pilings and timber float stops.
Dr. Pinto stated that a letter notifying applicant that this application was
ineligible pursuant to Section 23 of the CT General Statutes and as a result,
the application has been denied and the file has been closed. Specifically,
the application requested a replacement of a permitted 8’ by 12.5’ floating
dock with an 8’ by 20’ floating dock; add timber anchor pilings and timber float
stops. Dr. Pinto read the text of the letter to the Commissioners. There was
a discussion about Shellfish Commissioner Frank’s comments about this application.
Other Business
1. Letter from Northeast Utilities regarding permitted work to replace 7 submerged
Cables with 3.
It was stated that there were no issues with this application to discuss at
this time.
2. CT DEP Permit for Stephen & Susan Schnitzer, 15 Sylvester Court, East
Norwalk
b. Finance
Mr. Cebrian stated he would have to revise the budget in view of the financial update announcement.
c. Web Page/Newsletter
Chairman Mobilia stated that he had hoped to have a new Commissioner appointed and was waiting on this appointment. He also updated the Commissioners on the status of the newsletter.
d. Boating and Harbor Safety
This committee chair remains unassigned at this time.
e. Water Quality Committee –
Mr. D’Andrea stated that pending budgetary advice, there was no report at this time.
f. Watershed Initiative Advisory Committee -
Mr. D’Andrea stated that there was no meeting this month and therefore no report.
g. Plans and Recommendations
Chairman Mobilia stated that Mr. Callahan did not have a report, but had submitted
some comments. However, in light of the budget, Chairman Mobilia said that he
wished to wait until Mr. Callahan was present to discuss his thoughts.
h. Dredging
Dr. Pinto said that there was nothing new to report other than the meeting with the Army Corp of Engineers still needed to be set up.
Chairman Mobilia referred to a recent op ed piece in one of the newspapers regarding the dredging advocate at the DEP and Mr. Cafero’s bill requesting a dredging advocate at the DEP. Chairman Mobilia commented that this was only part of the problem. A discussion about this issue followed.
i. Waterfront Facilities Advisory
There was no report about the Waterfront Facilities this month.
6. STAFF REPORTS
a. Harbor Master
Harbormaster Griffin distributed copies of his report to the Commissioners and reviewed the highlights with them. Harbormaster Griffin commented that when the President changed the date for Daylight Savings Time recently, this will affect the tide charts, which have already been printed. The March and November tide times will be off by an hour. Also in the third week of March, some extreme tides will be off by an hour.
** MR. MOBILIA MOVED TO ACCEPT THE HARBORMASTER’S REPORT.
** MR. D’ANDREA SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
b. Consultant
Mr. Steadman stated that the DEP’s comments on the draft Harbor Management Plan revisions. He stated that these comments appear to be very manageable. Mr. Steadman then reviewed the report with the Commissioners. The next step is to address the comments and make the changes. After that it needs to be brought before the Council for adoption.
c. Planning and Zoning
There was also a brief discussion about the mailing list for applications.
Harbormaster Griffin asked if he could be included on this list. Mr. Strauch
said that he would see to it.
Mr. Strauch said that if there were any time savers that he could help with,
he would be happy to assist.
d. Approval of January 24, 2006 minutes.
** CHAIRMAN MOBILIA MOVED TO APPROVE THE MINUTES OF THE JANUARY 24TH MINUTES
AS SUBMITTED.
** MR. D’ANDREA SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
7. NEW BUSINESS / OLD BUSINESS
Harbormaster Griffin asked if a letter had been sent to Mr. Farrow thanking him for his service. Chairman Mobilia said that he would be sending one in the future. Harbormaster Griffin suggested that the former Deputy Harbormaster be thanked also.
Chairman Mobilia stated that he had received a copy of an application from a boater for a mooring permit. It is a standard mooring application with a note on the bottom that says, “We will not be renewing our mooring due to our age and ‘Lady Fish’s III’ age. We have removed our tackle. Over the past thirty five years, we have voyaged to and explored the ports from the Arthur Kill in New York City to Provincetown, including north Long Island, Block Island, Martha’s Vineyard, Nantucket, Menomenee, Ducksbury, Norwich, Providence, Wethersfield and we have found Norwalk’s harbor to be the very best. Thank you for our spot in the East Basin and thank you most of all for doing such a great job. Jan and Sue Liddy.”
8. ADJOURNMENT
** MR. PALAU MOVED TO ADJOURN.
** MR. CEBRIAN SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
The meeting adjourned at 10:05 p.m.
Respectfully submitted,
Sharon L. Soltes
Telesco Secretarial Services
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