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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
MAY 23, 2007
ATTENDANCE: Tony Mobilia, Chairman; Patricia Clark, Patrick Geraghty,
Tony D’Andrea, Jose Cebrian, Dr. John Pinto, John Romano
STAFF: Frank Strauch, Planning and Zoning; Vladimir Mariano, Planning
and Zoning; Adam Carson, Planning and Zoning; Michael Griffin,
Harbor Master; Brian Griffin, Assistant Harbor Master; Geoff
Steadman, Harbor Management Consultant (7:45 p.m.)
OTHERS: John Frank, Shellfish Commission Chairman
CALL TO ORDER
Chairman Mobilia called the meeting to order at 7:40 p.m.
CHAIRMAN’S REPORT
Chairman Mobilia reported that a meeting had taken place on May 22nd, in Old
Lyme regarding dock proliferation. He commented that there was an overflow of
attendance. Chairman Mobilia also pointed out that it is important to protect
the public who wish to build docks.
Mr. Steadman joined the meeting at 7:45 p.m.
Mr. Frank commented that having a local ordinance would be good and that it would also take some of the burden off the DEP. He suggested the Commission consider an additional meeting about this topic.
CITY OF NORWALK DRAFT OF CONSERVATION AND DEVELOPMENT
Chairman Mobilia asked Mr. Steadman to give an update on the Draft Plan of Conservation and Development. Mr. Steadman gave a brief overview of the plan and stated that this plan compliments the Harbor Management Plan. Ms. Clark said that it would be important to include the fact that both the Harbor and the Norwalk River are an asset to the community in the draft of the letter. The letter must be submitted by the 30th in order to be included in the public hearing. This was agreeable to all.
CORRESPONDENCE
Chairman Mobilia reported that letters had been sent out to the DEP regarding
the applications of:
2007-09 Richard Girouard, 10 Woodland Road, Norwalk
2004-07 Seabreeze Properties LLC, 22 Crockett St, Rowayton and
2004-16 Joseph Muro, 5 Seabreeze Place, So Norwalk
Chairman Mobilia also stated that a letter was sent to the DEP regarding the non-permitted work connected with application 2007-13: Vantage Point Condominiums, 100 Seaview Avenue, East Norwalk.
COMMITTEE REPORTS
Chairman Mobilia said that he had requested that the Committees present written
reports each month for the Commission’s review. He also requested that when
a written report is submitted, that the committee chairman just review the highlights.
a. Application Review
1. 2007-14: Robert Halmi Jr and Lisa Weimer, 11 Oakleigh Court, Rowayton
Application to CT DEP and ACOE for work at 18 Rocky Point Road, Norwalk in the
Bell Island area. The proposal is to install a wood and metal shoreline access
structure consisting of a 4’ x 9.5’ platform resting on top of an existing,
permitted seawall, and a 3’ x 9’ metal stairway on the waterward side of the
seawall. There will also be a set of wooden access steps on the landward side
of the seawall. The proposed work will provide beach access from a private residence;
the public will continue to have access to the beach area along the shoreline;
there will be no impact to navigation or to shellfish activities.
Ms. Clark informed the Commission that the applicants had received a call from the DEP requesting that a slight adjustment be made to the location of the stairs to protect some vegetation. This request from the DEP resulted in the stairs now being located eight feet from the property line.
** MS. CLARK MOVED TO RECOMMEND THE APPLICATION 2007-14: ROBERT HALMI JR AND
LISA WEIMER, 11 OAKLEIGH COURT, ROWAYTON FOR WORK AT A PRIVATE RESIDENCE AT
18 ROCKY POINT ROAD INVOLVING THE CONSTRUCTION OF A 4’ X 9.5’ PLATFORM RESTING
ON TOP OF AN EXISTING, PERMITTED SEAWALL, AND A 3’ X 9’ METAL STAIRWAY ON THE
WATERWARD SIDE OF THE SEAWALL FOR SHORELINE ACCESS IS CONSISTENT WITH THE HARBOR
MANAGEMENT PLAN AND MOVE TO RECOMMEND FAVORABLE ACTION.
** DR. PINTO SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
2. 2007-15: Notice from CT DEP on Marina Regulatory Issues
Letter detailing the Connecticut Clean Marina Program and environmental Issues.
Ms. Clark explained that the State had sent out letters to all the boat clubs, yacht clubs and marinas about the best practices for cleaning of vessels and disposal of the removed materials. Harbor Master Griffin pointed out that this has been on the books for some time but not enforced. He then reviewed the process and the State requirements. No action was required by the Commission.
3. 2007-16: Public Notice 1-053 from US Coast Guard, First Coast Guard District
Proposal to change drawbridge operations on Washington Street Bridge across
the Norwalk River on Sunday, December 2, 2007 from 10 a.m. to noon
Ms. Clark reported that she had checked the tide schedule for this date and that it will be a very low tide, so there should be no conflict with commercial vessels during the race. The Coast Guard has asked that comments be submitted before June 17th. It was commented that this would be entered into the Harbor Calendar and listed in the upcoming newsletter. Harbor Master Griffin commented that this will be an annual event. There was no additional action required by the Commission.
5. 2007-18: Ischoda Yacht Club Inc, 138 Water Street, So Norwalk c/o Barry
Smith
COP Application to CT DEP and to ACOE for construction to rebuild an existing
clubhouse structure damaged in a recent fire.
Ms. Clark informed the Commission that the application before the Commission is almost identical to the application that was submitted to the Commission in 2002. The only difference is that there will be fifty (50) new pilings and the elevation of the building will be higher in order to match the height of the newer portion of the building. Ms. Clark also reminded the Commission that the 2002 application had been approved.
** MS. CLARK MOVED TO RECOMMEND THE APPLICATION 2007-18: ISCHODA YACHT CLUB
INC, 138 WATER STREET, SO NORWALK C/O BARRY SMITH FOR WORK AT THE SAME INVOLVING
REBUILDING EXISTING CLUBHOUSE DAMAGED IN A RECENT FIRE CONSISTENT WITH THE HARBOR
MANAGEMENT PLANE AND MOVE TO RECOMMEND FAVORABLE ACTION.
** DR. PINTO SECONDED.
Mr. Strauch commented for the record that that the Yacht Club would be required to file for a possible CAM review and the appropriate zoning approvals.
Mr. Frank commented that there was an excellent chance that the plans would be modified again because any alternation which exceeds the value of more than 50% of the existing building requires that it conform to the flood regulations. This could mean that the building may have to be elevated even further.
** THE MOTION PASSED UNANIMOUSLY.
4. 2007-17: CT Light and Power Co, PO Box 270, Hartford, CT 06141
CT DEP Notice of Tentative Determination and Notice of Intent to Waive Requirement for Public Hearing on #: 200201976-MG Proposal to remove seven existing fluid-filled electric transmission cables and install three new solid-core electric transmission cables. The cables will run in a corridor from Manresa Island past L’Hammock Island and then across Long Island Sound to the Northport area.
Ms. Clark commented that the Harbor Commission had looked at this issue in 2002. The project has been working through the permitting process since that time. She then described the cable corridor for the Commission. Ms. Clark also noted that the cables have been leaking fluid for years, which has resulted in ongoing concerns about the long term impact on the Sound. This issue has been discussed with Shellfish Commission in the past.
Mr. Frank commented that when CL&P first applied, they received the Citing Council’s approval in 2001. That permit had a number of conditions, one of which was that CL&P would develop a plan to get across the shellfish beds that the cables needed to cross and minimize the damage that would be done. The old ones are currently buried inside Norwalk Harbor and for a short distance south of Sheffield Island. The new cables will be buried for the entire length. The same Council permit called for everything to be at least six feet below the surface. Since this original 2001 permit, many things have changed. Now, CL&P has acquired all the permits except for the DEP. The DEP has stated that they want the cable buried only two feet deep except under the Federal channel where it will be required that they bury the cable six feet deep. There was a brief discussion about whether this requirement was for six feet below the surface of the water or six feet below the authorized depth of the harbor. Mr. Frank said that he was not sure that this was clear, but thought it might be the authorized depth of the Harbor. Mr. Frank said that the Shellfish Commission is not pleased that the previous plan to minimize damage going through the shellfish beds has been apparently eliminated. The current plan calls for extensive monitoring and then following the completion of the job, an assessment will be made of the impact and what mitigation will be needed. The current plan calls for CL&P to restore the damage that they incur this time in terms of restoring bottom contours and also to repair the damage that was incurred during the 1969 installation of the cables. The Shellfish Commission has filed an application for a petition for a public hearing. Mr. Frank said that he does not believe that it will come to a public hearing because since that meeting notice was published, he has attended three meeting with CL&P. Another meeting with CL&P has been set up for noon on the 24th. Mr. Frank commented that CL&P has been fairly agreeable to what is being proposed. Mr. Frank said that he would like to see a serious performance bond to the City of Norwalk that serious steps to minimize damage will take place and that restoration will be done appropriately. CL&P has asked that Corporation Council attend the meeting on the 24th.
Ms. Clark said that the Application Committee has spent some time looking at this document and that the Harbor Management Commission was not being asked to comment on whether this proposal is consistent with the Harbor Management Plan. Ms. Clark said that the Harbor Management Commission must submit comments or petitions to the Department by June 4th. If the Harbor Commission has an objection either to the notice of tentative determination of approval or an objection to the notice of intent to waive the requirement for public hearing.
Mr. Steadman commented that this item has already gone to public notice but the Harbor Commission has not made the preliminary comments on the application. Mr. Steadman said that on September 19, 2001, Northeast Utilities came to the Harbor Commission to discuss this matter. A letter regarding this project was written to Northeast Utilities in October. In that letter was a request for Northeast Utilities provide the Commission copies of the DEP and ACOE permits for review and comment. Prior to the permission of the Citing Council being given, the Harbor Commission had commented the following four points. First the Commission supported the removal of all the existing fluid filled cables in accordance with the 1995 State of Connecticut consent order. Secondly, all work should be planned, conducted and maintained in accordance with best available technology to avoid or otherwise mitigate any significant adverse impacts on environmental resources including the following but not limited to the finfish, shellfish and water quality resources. All work should be planned, conducted and maintained in accordance with best available technology to avoid or otherwise mitigate impact on navigation, including navigation in the Norwalk Harbor Federal Navigation channel and the privately maintained Village Creek channel. There was also a request to mitigate any adverse impacts on the ability of the federal government and private industry to perform maintenance dredging in those areas. The proposed work to replace the existing cables should be limited to the area where the existing previously disturbed cable corridor. Mr. Steadman said that he was not sure if the Commission had ever received a copy of the application.
Mr. Steadman said that CL&P had submitted a 2000 handout to the Commission in 2001, which showed the type of equipment they were intending to use. Over the last five years, the DEP has worked with CL&P to reach the current level of acceptability. Mr. Frank said that he did not think the Commission had received the copy of the application, because he is an intervener and he had not seen the application. Mr. Steadman said that CL&P does not have the ACOE permit yet. The public notice period is closed, but the permit has not yet been issued. The ACOE and the DEP are currently working together to determine the various conditions under which the permit will be issued.
Mr. Steadman said that the Commission needs to decide how they wish to respond. Mr. Strauch said that both the Planning and Zoning Commissions have forwarded the same comments that the public hearing not be waived and that the hearing be held in Norwalk. Dr. Pinto said that the Planning and Zoning Commissions requests had not met the statutory requirements for a public hearing, while the Shellfish Commission has.
Mr. Steadman said that the Harbor Commission could request an extension of the comment period for thirty days in order to get more information. This may lead to the Harbor Commission requesting a public hearing. Mr. Steadman pointed out that if the additional information satisfied the Harbor Commission’s concerns, there might not be a need for a public hearing. Mr. Steadman also said that the Shellfish Commission was acting independently of the Harbor Commission on this matter. Harbor Master Griffin commented that CL&P was being required to do this because of the consent order.
A lengthy discussion about these issues followed.
** MS. CLARK MOVED TO REQUEST A 60-DAY EXTENSION OF BOTH THE COMMENT PERIOD
AND THE PERIOD TO REQUEST A PUBLIC HEARING ON THE APPLICATION. ABSENT THE GRANTING
OF THIS REQUEST THE NHMC MAY SUBMIT A PETITION FOR A PUBLIC HEARING PURSUANT
TO THE GENERAL STATUTES.
** DR. PINTO SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
Mr. Romano left the meeting at 9:10 p.m.
Chairman Mobilia said that on the first page of the Notice of Determination,
it stated that a copy of the application was available for inspection at the
City Clerk’s Office. He then asked Mr. Steadman to verify this. Chairman Mobilia
said that while a letter would be written, the text would also be emailed to
the parties involved.
b. Nominating Committee
Dr. Pinto said that a letter had been received from the Governor’s Office requesting three names of those qualified to perform the duties of the Harbor Master as nominations by Monday, May 21st. Dr. Pinto said that he had emailed the Commissioners with this request and submitted the following names: Michael Griffin, Brian Griffin, and Clyde Mount. Dr. Pinto then asked if there were any additional names to be added to the list.
** DR. PINTO MOVED TO PROPOSE THE FOLLOWING THREE NAMES AS QUALIFIED CANDIDATES
FOR HARBOR MASTER: MICHAEL GRIFFIN AS FIRST CHOICE, BRIAN GRIFFIN AS ASSOCIATE
HARBOR MASTER AND CLIVE MOUNT.
** MR. D’ANDREA SECONDED.
Chairman Mobilia stated that he views this just as a formality and thinks that the Commission is extremely happy with Harbor Master Griffin, who has done a wonderful job for many years.
Dr. Pinto said that regarding discussions with others that the Harbor Commission may need to contact the Connecticut Harbor Management Association about discussing the issue of re-appointments with the Governor’s Office.
** THE MOTION PASSED UNANIMOUSLY.
Harbor Master Griffin then said that he would like to read a document into the record. He stated that it was a letter from the Maritime Aquarium dated May 21st and was addressed to Governor Rell.
Dear Governor Rell,
I am writing in support of Michael Griffin’s reappointment as State of Connecticut Harbor Master for Norwalk Harbor. Michael has a proven track record of serving the Norwalk community and stakeholders during his fifteen-year tenure. He has participated on numerous governing and advisory committees related to the well being of the harbor and its uses. His perspective, advice and actions have served this community well. He has assisted the Maritime Aquarium on numerous occasions, most recently communicating with us and assisting our vessel operation during the recent dredging of the harbor and also has supplied wise insight into our effort to preserve the historic fishing vessel Hope. We have found Michael to be an excellent collaborator and an open and respectful communicator and fair in his dealing with us and other constituents. He brings credit to his community. Please re-appoint Mr. Michael Griffin as a State of Connecticut Harbor Master of Norwalk Harbor.
Signed Jennifer Herring,
President, Maritime Aquarium
Harbor Master Griffin stated that he also wished the record to show that he has thirty-seven letters to the Governor, requesting that Mr. Griffin be reappointed to the position of Harbor Master. The names of those submitting letters are as follows: Mayor Richard Moccia, Senator Robert Duff, Norwalk Harbor Management Commission, St. Anne’s Club, Boat Connections, Norwalk Chamber of Commerce, Rowayton Yacht Club, Sprite Island Yacht Club, Total Yacht Sales, Dolan Bros. Shellfish Co., Nor West Marine, A.C. Stabell Oyster Co., New NRB Shellfish Corp., High Speed Ferry Task Force, Coastal Oyster Farms, Inc., Norwalk River Rowing Association, Norman Bloom and Sons LLC, East Channel Oyster Farms, Inc., Mr. Robert Sammis of Ct. Harbor Management Association, Skyline Cruise Lines, NRB 3 Corporation (Shellfish Co.), Norwalk Yacht Club, Rex Marine Center, Hillard Bloom Shellfish Incorporated, Splash Executive Committee (SoNo Business Association), Long Island Sound Counsel and Assembly, Norwalk Maritime Aquarium, Norwalk Shellfish Commission, South Norwalk Boat Club, Ischoda Yacht Club, O & G Industries, Devine Brothers, Norwalk Recreation and parks Department, Oyster Bend Marina, East Norwalk Boating and Yacht Club, St. Luke’s Rowing Club, Fisherman’s World, Inc.
Chairman Mobilia commented that he felt that the Commission should not have to go through this every time. Harbor Master Griffin pointed out that even if a person’s term expired, that person remains in office until a replacement is selected.
c. Finance
Mr. Cebrian announced that there had been no unusual expenditures. Mr. Cebrian then gave a quick overview of the finances. Harbor Master Griffin said that he expects the revenue will be on target.
Harbor Master Griffin announced that the Shellfish Commission had recently voted to allocate $2,500 for the Water Quality program. There are also some other funds expected that have not yet arrived. This should provide enough funding for the Water Quality Intern program.
d. Web Page/Newsletter
Mr. Geraghty stated that the newsletter had been mailed out and that a few had been returned by the Post Office for various reasons. Mr. Geraghty said that he will updated the mailing list for the next newsletter.
Chairman Mobilia distributed copies of Vol. 8, No. 1, Spring 2007 Norwalk Harbor Management Commission Newsletter to all the Commission members.
The Commission members were encouraged to begin considering articles for the Fall newsletter, which could be distributed at the State of the Harbor event in November. Mr. Geraghty said that he would like to produce the newsletter in time for the Oyster Festival in September. If the articles were done by August 1st, this would be possible. A discussion about articles on dock proliferation and about permitting followed.
e. Boating and Harbor Safety
There was no report.
f. Water Quality Committee
Mr. D’Andrea said that he was in the process of hiring summer interns.
g. Watershed Imitative Advisory Committee
Mr. D’Andrea thanked Ms. Caplan, who served for many years, for all her hard work. He stated that the group is looking for someone to fill the position. Mr. D’Andrea also mentioned that the group is working on a Goose Management Plan.
h. Plans and Recommendations
Mr. Callahan submitted a written report and briefly reviewed the points of a pro-active five-year plan.
i. Dredging
Dr. Pinto said that he had requested a letter from Mr. Ed. O’Donnell of ACOE reconfirming the cost of Phase 2 of the harbor dredging plan. Dr. Pinto said that the Commission may need to execute cost sharing. He also stated that he felt it would be in the Commission’s best interest to approach the ACOE with attainable projects. A discussion of this matter then followed.
Mr. D’Andrea commented that Mr. Alvord, the director of the Department of Public Works, has offered his expertise as a former ACOE engineer to the Commission.
Dr. Pinto said that it would be important to do some research before the next meeting with the ACOE.
5a. Harbor Master
Harbor Master Griffin presented and reviewed his report with the Commission.
** CHAIRMAN MOBILIA MOVED TO ACCEPT HARBOR MASTER GRIFFIN’S REPORT.
** DR. PINTO SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
j. Waterfront Facility Advisory
Harbor Master Griffin informed the Commission that because of the increasing cost of fuel, the activity at the docks has decreased. He then stated that the use of the docks by the tour boats may off set this decrease. Harbor Master Griffin also said that he hopes that Norwalk will become a destination point. He explained that the slot at the pump out station will be used for the tour boats, which will eliminate competition for space at the docks. Harbor Master Griffin said that Mr. Mocciae is looking for the Commission’s support for this project. When asked, Harbor Master Griffin explained that after a boat dropped off its passengers, the boat would have to stand off in the Harbor rather than remaining docked. He also explained that there would be room for a second vessel at a 90 degree angle if a boater needed to pump out during the time a tour boat was boarding or discharging passengers.
A discussion about the fee schedule and the various details about that followed. Harbor Master Griffin explained that it was Mr. Mocciae’s goal to make the parks revenue neutral. Harbor Master Griffin then asked for a sense of the Commission. The overall sense of the Commission was positive towards this project.
5b. Consultant
Mr. Steadman reported that he is in the process of revising the Harbor Management Plan in accordance with the comments from the State.
5c. Planning and Zoning
No comments.
APPROVAL OF THE APRIL 24, 2007 MINUTES
The following corrections were noted:
Page 1, paragraph 4, line 4; please change “requested that the remaining $60 for the Commission” to “requested that the $60 for the application review committee members”
Page 1, last paragraph: please change: “ another letter to Clyde Rell thanking him for serving as Assistant Harbor Master. To “another letter to Clyde Mount thanking him for serving as Deputy Harbor Master:
Page 6, paragraph 6, line 1: please change “Mr. Cebrian reported that Mr. D’Andrea and Harbor Master Griffin had collected some money that had been promised” to “Mr. Cebrian reported that Mr. D’Andrea and Harbor Master Griffin had received some money that had been promised”
Page 7, paragraph 6, line 10: please change “The discussion then moved to who will be responsible for the interns; DPW, the Health Department or the DEP.” To “The discussion then moved to who will be responsible for the interns; DPW or the Health Department.
Page 9, paragraph 2, line 1: please change: Mr. Steadman said that he was in the process of responding to the DEP about the Harbor Master’s duties.” To “Mr. Steadman said that he was in the process of responding to the DEP about the Harbor Master’s duties in the Harbor Management Plan.”
** MS. CLARK MOVED TO APPROVE THE MINUTES OF APRIL 24, 2007 AS CORRECTED.
** MR. CALLAHAN SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
NEW BUSINESS/OLD BUSINESS
Chairman Mobilia said that there was no new business to discuss.
Under the heading of Old Business, Chairman Mobilia then said that the issue of the marker at Old Baldy has not been reviewed yet.
Chairman Mobilia then announced that a new plaque had been installed.
Harbor Master Griffin said that he would like to have a meeting with Mr. Mocciae, Mr. Mobilia and Mr. Steadman next week at the Boating Center to review the design for the tourist area.
ADJOURNMENT
** MS. CLARK MOVED TO ADJOURN.
** MR. D’ANDREA SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
The meeting adjourned at 10:30 p.m.
Respectfully submitted,
Sharon L. Soltes
Telesco Secretarial Services
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