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CITY OF NORWALK
HARBOR MANAGEMENT COMMISSION
APRIL 24, 2007

ATTENDANCE: Tony Mobilia, Chairman; Tony D’Andrea, Jose Cebrian,
Jack Callahan, Pat Clark, Patrick Garaghty, John Romano, Dr.
John Pinto (7:45 p.m.)

STAFF: Frank Strauch, Planning and Zoning; Vladimir Mariano, Planning
and Zoning; Adam Carson, Planning and Zoning; Geoff Steadman,
Harbor Management Consultant; Michael Griffin, Harbor Master

OTHERS: John Frank, Shellfish Commission Chairman

CALL TO ORDER

Chairman Mobilia called the meeting to order at 7:40 p.m.

CHAIRMAN’S REPORT

Administrative Business - Committee assignments

Chairman Mobilia stated that he had sent out emails to all the Commission members about their Committee assignment. Chairman Mobilia then distributed copies of the 2007-2008 Committee assignments to the Commissioners.

Dr. John Pinto joined the meeting at 7:45 p.m.

Chairman Mobilia said that he had heard a rumor that the Harbor Commission may be receiving more money from the City.

Chairman Mobilia also announced that there would be a full day workshop on docks and piers sponsored by the DEP in Old Lyme on May 22nd. The registration costs $10/person and includes lunch. Chairman Mobilia said that Mr. Palau had already registered and requested that the remaining $60 for the Commission members to register be paid for with Commission funds. Mr. Cebrian agreed.

Correspondence

A letter from the Harbor Commission regarding the reappointment of Michael Griffin has been sent to Governor Rell.

Chairman Mobilia also said that he sent letters to Jason Farrow to thank him for his work on the Commission and another letter to Clyde Rell thanking him for serving as Assistant Harbor Master.

PUBLIC COMMENT

Mr. Strauch introduced Mr. Carson and Mr. Mariano who are new Planning and Zoning staff members and will be attending Harbor Commission meetings on a rotating basis.

COMMITTEE REPORTS

Application Review

1. 2007-09 (Cont): Richard Girouard, 10 Woodland Road, Norwalk

CT DEP # 200501707-TS; original application reviewed in 2005. The revised
proposal was reviewed March, 2007 and tabled pending comments from the Shellfish Commission. The application is for construction of a private recreational pier, ramp and floating dock that includes a boat lift.

Ms. Clark reminded everyone that this application had been reviewed a number of times previously. The Application Review Committee had voted to table the most recent revision until Ms. Clark received updated drawings. The new drawings arrived earlier in the day.

The current revision has an 80’ dock with a boat lift along side. Ms. Clark said that the new drawings indicate that there is a two foot clearance between the boat lift and the bottom at mean low water. She also informed the Commission that the most recent comment from the Shellfish Commission was that they were pleased with the newly designed dock. Mr. Frank reminded everyone that this would be a permanent encroachment, but also pointed out that this area is not usually commercially harvested. Some harvesting is done to move shellfish from the area into other areas more accessible to commercial harvesting.

** MS. CLARK MOVED TO RECOMMEND THE APPLICATION 2007-09 (CONT) TO THE CT DEP DEP # 200501707-TS; BY RICHARD GIROUARD, 10 WOODLAND ROAD, NORWALK CT FOR WORK AT THE SAME INVOLVING INSTALLATION OF A CONCRETE PAD; 80 FT PIER AND BOAT LIFT FOR CONSTRUCTION OF A PRIVATE RECREATIONAL PIER, RAMP AND FLOATING DOCK THAT INCLUDES A BOAT LIFT CONSISTENT WITH THE HARBOR MANAGEMENT PLAN AND MOVE TO RECOMMEND FAVORABLE ACTION WITH THE FOLLOWING CONDITIONS:

1. THE COMMISSION RESERVES THE RIGHT TO REVIEW THE PROPOSAL AT SUCH TIME AS IT MAY BE MODIFIED, GO TO PUBLIC NOTICE, OR WHEN ADDITIONAL INFORMATION CONCERNING THE PROPOSAL MAY BE PROVIDED TO THE COMMISSION.

2. NO FLOATING DOCK AND/OR VESSEL ATTACHED TO IT SHALL REST ON ANY SHELLFISH RESOURCE AREA DURING NORMAL TIDE CYCLES.

** DR. PINTO SECONDED.
** THE MOTION PASSED UNANIMOUSLY.

Ms. Clark explained that the next two applications were for locations that shared a common property line. She then presented the applications for 2004-07 (Cont) -7 Seabreeze Place and 2004-16 (Cont) 5 Seabreeze Place together.

2. 2004-07 (Cont): Seabreeze Properties LLC, 22 Crockett St, Rowayton
Review of revised application to CT DEP for private recreational pier, ramp, and small boat dock to be constructed at 7 Seabreeze Place, So Norwalk.

3. 2004-16 (Cont): Joseph Muro, 5 Seabreeze Place, So Norwalk
Revised application to CT DEP for removal of a deteriorated pier and for the construction of a new pier, ramp, and float at the same address.

Both parcels have deteriorating structures on them that need to be removed and both applicants are looking for piers and docks. According to the plan, the docks would be approximately 25 feet apart, which is acceptable to both property owners. Mr. Cebrian asked why the docks were so long. Ms. Clark explained that there is significant plant life in the area and the DEP wants the docks to extend past the plant life. When asked why the plans for 5 Seabreeze Place show the dock off center, Ms. Clark explained that there was rumble and debris that the dock would cover in the proposed location. Ms. Clark then stated that while these applications had been considered jointly, they would be voted on separately.

** MS. CLARK MOVED TO RECOMMEND THE APPLICATION 2004-07 (CONT): SEABREEZE PROPERTIES LLC, 22 CROCKETT ST, ROWAYTON REVIEW OF REVISED APPLICATION TO CT DEP FOR WORK AT 7 SEABREEZE PLACE, SO NORWALK INVOLVING CONSTRUCTION OF A 113’ ELEVATED PRIVATE RECREATIONAL PIER, RAMP, AND SMALL BOAT DOCK WITH PILE SUPPORTED BENCHES TO KEEP A FLOAT AND VESSEL OFF THE BOTTOM AND REMOVAL OF DETERIORATED STRUCTURE AT 7 SEABREEZE PLACE, SO NORWALK IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN AND MOVE TO RECOMMEND FAVORABLE ACTION WITH THE FOLLOWING CONDITIONS AND COMMENTS:

CONDITIONS:

1. NO FLOATING DOCK OR VESSEL ATTACHED THERETO SHALL REST ON THE BOTTOM DURING NORMAL TIDE CYCLE.

2. THE PLAN DRAWINGS SHOULD SHOW THE DISTANCE BETWEEN STRUCTURES AND THE PROPERTY LINE.

3. FAILURE TO COMPLY WITH PERMIT CONDITIONS SHALL RESULT IN REVOCATION OF THE PERMIT.

4. THE COMMISSION RESERVES THE RIGHT TO REVIEW THE PROPOSAL AT SUCH TIME AS IT MAY BE REVISED OR WHEN IT GOES TO PUBLIC COMMENT.

COMMENTS:

1. REGARDING SETBACKS, THE COMMISSION RESERVES THE RIGHT TO REVIEW THE PROPOSAL AT SUCH TIME AS IT MAY BE MODIFIED, GO TO PUBLIC NOTICE, OR WHEN ADDITIONAL INFORMATION CONCERNING THE PROPOSAL MAY BE PROVIDED TO THE COMMISSION.

2. THE COMMISSION RECOGNIZES THAT THE EXISTING SITE CONDITIONS ARE SUCH THAT THE PROPOSED STRUCTURE CAN NOT MEET THE US ARMY CORPS OF ENGINEERSS GUIDELINES CONCERNING A MINIMUM SETBACK DISTANCE OF 25 FEET FROM THE ADJOINING LITTORAL PROPERTY LINES.

** DR. PINTO SECONDED.

Harbor Master Griffin commented that copies of the comments from the Shellfish Commission should be submitted to the DEP regarding the fact that the area is protected by aquaculture.

** THE MOTION PASSED UNANIMOUSLY.

** MS. CLARK MOVED TO RECOMMEND THE APPLICATION 2004-16 (CONT): JOSEPH MURO, 5 SEABREEZE PLACE, SO NORWALK REVIEW OF REVISED APPLICATION TO CT DEP FOR WORK AT 5 SEABREEZE PLACE, SO NORWALK INVOLVING CONSTRUCTION OF A 115’ ELEVATED PRIVATE RECREATIONAL PIER, RAMP, AND SMALL BOAT DOCK WITH PILE SUPPORTED BENCHES TO KEEP A FLOAT AND VESSEL OFF THE BOTTOM AND REMOVAL OF DETERIORATED STRUCTURE AT 5 SEABREEZE PLACE, SO NORWALK IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN AND MOVE TO RECOMMEND FAVORABLE ACTION WITH THE FOLLOWING CONDITIONS AND COMMENTS:

CONDITIONS:

1. NO FLOATING DOCK OR VESSEL ATTACHED THERETO SHALL REST ON THE BOTTOM DURING NORMAL TIDE CYCLE.

2. THE PLAN DRAWINGS SHOULD SHOW THE DISTANCE BETWEEN STRUCTURES AND THE PROPERTY LINE.

3. FAILURE TO COMPLY WITH PERMIT CONDITIONS SHALL RESULT IN REVOCATION OF THE PERMIT.

4. THE COMMISSION RESERVES THE RIGHT TO REVIEW THE PROPOSAL AT SUCH TIME AS IT MAY BE REVISED OR WHEN IT GOES TO PUBLIC COMMENT.

COMMENTS:

1. REGARDING SETBACKS, THE COMMISSION RESERVES THE RIGHT TO REVIEW THE PROPOSAL AT SUCH TIME AS IT MAY BE MODIFIED, GO TO PUBLIC NOTICE, OR WHEN ADDITIONAL INFORMATION CONCERNING THE PROPOSAL MAY BE PROVIDED TO THE COMMISSION.

2. THE COMMISSION RECOGNIZES THAT THE EXISTING SITE CONDITIONS ARE SUCH THAT THE PROPOSED STRUCTURE CAN NOT MEET THE US ARMY CORPS OF ENGINEERSS GUIDELINES CONCERNING A MINIMUM SETBACK DISTANCE OF 25 FEET FROM THE ADJOINING LITTORAL PROPERTY LINES.

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

4. 2007-13: Vantage Point Condominiums, 100 Seaview Avenue, East Norwalk
Application to CT DEP for authorization of non-permitted repairs at same address.

Ms. Clark reviewed this application for repairs on a seawall, which have already been completed. The applicant states that some rocks fell out of the structure and a backhoe was used to reinsert them into the wall. A discussion followed about the conditions that have existed at Vantage Point since the realignment of the channel ten years ago. It was stated that the property owners were expected to come into compliance, but this never happened.

Ms. Clark suggested that a letter be written to about the application and the existence of non-permitted structures because the docks and floats extend into the channel. Mr. Frank commented that Vantage Point had originally owned the dock and piers but have since sold the individual slips to private owners. A discussion about the boats are tied to the dock but extend into the channel followed.

Ms. Clark recommended that the letter to the DEP about this application state that the information on the application is insufficient for review purposes and that the existing structures do not have permits. The Commission agreed on this plan.

5. Other Business

Ms. Clark reported to the Commission that a letter has been received from the attorney from Dorlon’s Marina Condo Association asking if the Harbor Management Commission had issued any permit documents. Ms. Clark said that she had contacted them and explained that the Harbor Management Commission acts in an advisory role rather than a permit granting department. Ms. Clark then reviewed the former recommendations and stated that if the proposal meets with the proposed setbacks, it will be acceptable.

A copy of a letter to Mr. Sal DiNardo from the DEP regarding the application for 60 Water Street has been received. The letter stated that the DEP office had not received notification that the cited violation had been corrected. The Commission was happy to note that the DEP had recognized the Commission’s comments in this particular situation

Harbor Master Griffin commented that regarding the history of Vantage Point, the setbacks for navigational points were used as a guide. Not to use those same standards regarding Charles Creek and other situation would be to make a mockery of the standards. A further discussion about the history of Vantage Point followed.

b. Finance

Mr. Cebrian reported that Mr. D’Andrea and Harbor Master Griffin had collected some money that had been promised to the Harbor Management Commission from the Health Department. The incoming funds will cover the fixed expenses. Mr. Cebrian then reviewed the past year’s financial figures with the Commission.

Harbor Master Griffin then presented Mr. Cebrian with a copy of a check and voucher for $5,000 for Water Quality that had been submitted to the Comptroller. Mr. D’Andrea expressed his deep gratitude to Harbor Master Griffin for this. A question arose as to whether this was part of the 2006 revenue that had been promised or if this was new 2007 revenue. Harbor Master Griffin then asked Mr. Cebrian to check the records for verification of this.

Mr. D’Andrea then commented that at the Water Quality meeting, it seemed like there might be more flexibility for their budget. Mr. D’Andrea then asked if Water Quality could have their own budget line for tracking purposes.

Mr. Romano left the meeting at 9:00 p.m.

Mr. Cebrian then reviewed the monthly expenses with the Commission.

Chairman Mobilia said that now that the Commission had time to consider the proposed Committee assignment, he was willing to entertain any suggestions.

** MR. CALLAHAN MOVED TO APPROVE THE PROPOSED COMMITTEE ASSIGNMENTS AS PRESENTED.
** MR. D’ADREA SECONDED
** THE MOTION PASSED UNANIMOUSLY.

c. Web Page/Newsletter

Mr. Mobilia distributed draft copies of the newsletter for Spring 2007.

d. Boating and Harbor Safety - No report.

e. Water Quality Committee

Mr. D’Andrea reported that there had been 31 bypass events during the recording period. He also informed the Commission that there was a possibility of increased funding from the City. Contributions from the Health Department, the Shellfish Commission and private sources will be requested for the Intern Program. Mr. D’Andrea also reported that he had spoken with Mr. Norman Bloom and Mr. Bloom had told him that if there were not sufficient funds for the Harbor Commission to run the intern program, Mr. Bloom would do it. Mr. D’Andrea also reported that there had been a number of anonymous donations from around the harbor. He reminded everyone that if the City does not provide additional funding, then the Harbor Commission can not do the matching fund program. The discussion then moved to who will be responsible for the interns; DPW, the Health Department or the DEP.

Mr. D’Andrea informed the Commission that he had a meeting with Mr. Alvord from DPW regarding bypass events. OMI has no room in their contract to allow for “bypass” events and OMI technically violates their contract when this situation occurs. Mr. D’Andrea then explained that every event from details of a repair to an actual breakdown is recorded on a DEP form titled “Bypass Form”. Mr. D’Andrea said that the DEP needs to be made aware of this situation because of the OMI contract issue. All material that goes through the sewage treatment plant is treated to some degree and passes through a screening.

Mr. D’Andrea said that it is important to remember that everyone is on the same team and working to prevent solid excursion into the Harbor. Mr. D’Andrea went on to say that it would be very important to find out where the problem is occurring, what it is, who was responsible and find a solution to stop it.

Mr. D’Andrea also remarked that he was trying to understand the notification system from the DEP so that when anomalies occur, the proper people will be notified promptly.

Dr. Pinto expressed concern regarding the interns testing effluent from the Sewage Treatment facility. Mr. D’Andrea said that he was currently working with the Health Department on this. Mr. D’Andrea also said that he was aware that one of the local labs would soon be qualified to test salt water. Mr. Steadman commented that people automatically assume when they see solid excursion in the water that it is from the Sewage Treatment Plant. This is not necessarily so and it is critical to actually trace back to the source of the contaminated material.

f. Watershed Initiative Advisory Committee - Mr. D’Andrea said that there had not been a meeting.

g. Plans and Recommendations – Mr. Callahan said that there had not been a meeting and welcomed Mr. Garaghty to the Committee.

h. Dredging –

Dr. Pinto said that the Army Corps of Engineers had expressed some interest. Mr. Steadman has been asked to be a representative at a meeting on April 26, 2007 regarding dredging in Connecticut. Mr. Steadman said that he would try to make Norwalk a priority.

i. Waterfront Facilities Advisory –

Harbor Master Griffin reviewed his written report with the Commission.

Regarding the meeting on April 5th with cruise and tour boat operators using the David S. Dunavan dock, Harbor Master Griffin said that there were three requests already in the pipeline regarding the use of the docks by commercial groups.

A discussion about the David S. Dunavan fund then followed along with some discussion about possibly redoing the inside of the building.

5. STAFF REPORTS

a. Harbor Master

Harbor Master Griffin reviewed the facts and figures contained in his written report with the Commission. He commented that the Commission should consider readjusting the fee schedule because the larger vessels currently end up paying less per foot than the smaller vessels.

** MR. CALLAHAN MOVED TO ACCEPT THE HARBOR MASTER’S REPORT AS SUBMITTED.
** MS. CLARK SECONDED.
** THE MOTION PASSED UNANIMOUSLY.

b. Consultant

Mr. Steadman said that he was in the process of responding to the DEP about the Harbor Master’s duties. He plans to use phrases from the State Statute 15-1 to insure the continuity of language.

Mr. Steadman then spoke about considering the possibility of local permits for bulkheads. He pointed out that municipalities can regulate this since the structure is attached to land. Therefore, they could in fact, require building permits. He also pointed out that seawalls are considered to be retaining walls and that the DEP recognizes local building codes that have stricter requirements than they do. A discussion about this subject along with the DEP and the EPA followed.

c. Planning and Zoning

Mr. Strauch announced that the Planning Commission will be having a public hearing on May 9th regarding the Draft Plan of Conservation and Development at 7:00 p.m. in the Council Chambers.

He also pointed out that regarding the additional information that Ms. Clark had received for the applications should be forwarded to him as soon as possible.

6. APPROVAL OF MAR. 28, 2007, MINUTES.

The following corrections were noted:

Page 1, paragraph 3, line 1: please change “Mr. Gerahty” to “Mr. Geraghty”.

Page 3, notation: please change “Mr. Cebrian joined the meeting at 8:30 p.m.” to
Mr. Cebrian, who had attended the Budget meeting at the behest of Chairman Mobilia, joined the meeting at 8:30 p.m.”

** MR. CALLAHAN MOVED TO APPROVE THE MINUTES FOR MARCH 28, 2007 AS CORRECTED.
** MS. CLARK SECONDED.
** THE MOTION PASSED UNANIMOUSLY.

Harbor Master Griffin announced that he would be out of town from May 6th through May 15th.

7. NEW BUSINESS / OLD BUSINESS

New Business

Chairman Mobilia said that there had been a letter sent from the DEP at all yacht clubs, boat owners and marinas about new guidelines for handling hazardous materials such as when the bottoms of boats are washed.

Old Business

The issue of the light at “Old Baldy” has come up again. A letter needs to be sent to the Coast Guard regarding the fact that the light is too low and not seen by boaters until it is too late. Chairman Mobilia said that he would refer this to Mr. Palau.

Dr. Pinto asked about the newsletter policy about having outside authors submit work for the newsletter. Chairman Mobilia said this was fine and pointed out that the articles need to be 500 words long.

ADJOURNMENT

** MR. D’ANDRA MOVED TO ADJOURN.
** MR. CALLAHAN SECONDED.
** THE MOTION PASSED UNANIMOUSLY.

The meeting adjourned at 10:15 p.m.

Respectfully submitted,

Sharon L. Soltes
Telesco Secretarial Services

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