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CITY OF NORWALK
HARBOR MANAGEMENT COMMISSION
JUNE 27, 2007

ATTENDANCE: Tony Mobilia, Chairman; Patricia Clark, Henry Palau
Tony D’Andrea, Jack Callahan, John Romano, Jose Cebrian (7:35
p.m,)

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

OTHERS: John Frank, Shellfish Commission Chairman

CALL TO ORDER

Chairman Mobilia called the meeting to order at 7:00 p.m.

CHAIRMAN’S REPORT

CT Light and Power Co PO Box 270 Hartford, CT 0614

CT DEP # 200201976-MG Notice of Tentative Determination for proposed work to remove 7 existing, fluid-filled, electrical cables crossing Norwalk Harbor and Sheffield Island, and the installation of 3 solid-state new electrical cables following the same route.

Comments required to be submitted before the close of the June 27 DEP Public Hearing.

Chairman Mobilia said that the hearing for CL&P was in progress in the Community Room. Ms. Clark was scheduled to address them and read her remarks into their record. Mr. Steadman quickly updated the Commission on changes that had been made to the letter from the Commission to CL&P. Mr. Romano asked about the impact on shellfish. Mr. Steadman replied that CL&P had performed the appropriate tests and own a significant portion of the beds that the cable will be crossing. The cable will also cross some public beds, but Commissioner Frank of the Shellfish Commission will address this.

The discussion then moved to #6 in the resolution, which reads as follows:

“6. For the purpose of avoiding and otherwise mitigating any significant adverse impacts on water quality, shellfish resources, and other coastal resources outside of the proposed work areas, CL&P shall employ appropriate equipment to monitor and
assess any such impacts to the satisfaction of the OLISP in consultation with other appropriate agencies of the DEP, the Bureau of Aquaculture and Shellfish
Commission.”

Mr. D’Andrea said that he had received a call from Aquaculture telling him that the Harbor Commission will be receiving copies of the testing results.

Mr. Steadman then reviewed the Army Corp of Engineers concerns about the disbursement of the dredging materials. Mr. Palau stated that he would approve the letter as it was presented and pointed out that during the clamming season, the dredges are over the beds for almost two months. Harbor Master Griffin commented that as long as the material stays in the harbor, it is not as much of a concern.

The discussion then moved to #7, which reads:

“7. The Norwalk Harbor Master shall be the designated point of local contact for receipt of information from the applicant concerning the status of work in progress as it affects Norwalk Harbor. The Harbor Master shall be provided with appropriate status
reports on a daily basis throughout the course of the work as it affects Norwalk Harbor. CL&P shall reimburse the Harbor Master for any extraordinary expenses related to the function of the Harbor Master for the safe and efficient operation of Norwalk Harbor
that are directly attributable to the proposed work. The amount of reimbursement shall be determined according to a procedure agreed to by the Harbor Master and CL&P prior to the start of the proposed work.”

Mr. Palau said that the Police Department now have their own Marine Police boat, which is suitable for both bad and cold weather. He stated that he would not want Harbor Master Griffin to have to go out during bad weather because of this project. Harbor Master Griffin replied that as Harbor Master, he was responsible for the State of the Harbor, but also commented that he would be trying to follow the pattern from the supervision of the harbor dredging project.

** MR. ROMANO MOVED TO APPROVE THE FOLLOWING RESOLTUION AND COMMENTS TO BE PRESENT TO THE CONNECTICUT LIGHT AND POWER COMPANY, ALSO KNOWN AS CL&P:

THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS THE APPLICATION BY THE CONNECTICUT LIGHT AND POWER COMPANY, P.O. BOX 270, HARTFORD, CONNECTICUT, FOR WORK IN NORWALK HARBOR INVOLVING REMOVAL OF SEVEN EXISTING FLUID-FILLED ELECTRIC TRANSMISSION CABLES AND INSTALLATION OF THREE NEW SOLID-CORE ELECTRIC TRANSMISSION CABLES RUNNING FROM THE NORWALK HARBOR SUBSTATION AT MANRESA ISLAND ACROSS NORWALK HARBOR AND LONG ISLAND SOUND TO NORTHPORT NEW YORK IS CONSISTENT WITH THE NORWALK HARBOR MANAGEMENT PLAN AND RECOMMENDS FAVORABLE ACTION ON THE APPLICATION WITH THE FOLLOWING COMMENT AND CONDITIONS REGARDING THE PROPOSED WORK AS IT AFFECTS NORWALK HARBOR.

COMMENT:

1. THE ABOVE RECOMMENDATION IS BASED ON THE COMMISSION’S UNDERSTANDING THAT SEDIMENT TO BE DISTURBED BY THE PROPOSED WORK HAS BEEN APPROPRIATELY
TESTED AND EVALUATED, TO THE SATISFACTION OF THE OLISP, AND THAT THE OLISP HAS DETERMINED, IN CONSULTATION WITH OTHER APPROPRIATE AGENCIES, THAT DISTURBANCE OF THAT SEDIMENT BY THE PROPOSED WORK WILL NOT RESULT IN ANY SIGNIFICANT ADVERSE IMPACTS ON WATER QUALITY, SHELLFISH RESOURCES, OR ANY OTHER COASTAL RESOURCES, EITHER AT THE PROJECT SITE OR OUTSIDE OF THE PROJECT SITE.

CONDITIONS:

1. ALL WORK SHALL BE CONDUCTED AND MAINTAINED IN ACCORDANCE WITH BEST AVAILABLE TECHNOLOGY AND MANAGEMENT PRACTICES TO AVOID OR OTHERWISE MITIGATE ANY SIGNIFICANT ADVERSE IMPACTS ON ENVIRONMENTAL RESOURCES, INCLUDING BUT NOT LIMITED TO FINFISH AND SHELLFISH RESOURCES AND WATER QUALITY.

2. ALL WORK SHALL BE CONDUCTED AND MAINTAINED IN ACCORDANCE WITH BEST AVAILABLE TECHNOLOGY AND MANAGEMENT PRACTICES TO AVOID OR OTHERWISE MITIGATE ANY SIGNIFICANT ADVERSE IMPACTS ON NAVIGATION, INCLUDING:

A) NAVIGATION IN THE NORWALK HARBOR FEDERAL NAVIGATION PROJECT AND THE PRIVATELY MAINTAINED CHANNEL KNOWN AS THE VILLAGE CREEK CHANNEL; AND

B) THE ABILITY OF THE FEDERAL GOVERNMENT AND PRIVATE INTERESTS TO CONDUCT MAINTENANCE DREDGING AS NECESSARY TO MAINTAIN THE DULY AUTHORIZED DIMENSIONS OF THE FEDERAL NAVIGATION PROJECT AND THE VILLAGE CREEK CHANNEL.

3. IN THE EVENT THAT ANY CONFLICT MAY ARISE BETWEEN THE PROPOSED WORK AND MAINTENANCE DREDGING OF THE FEDERAL NAVIGATION PROJECT, MAINTENANCE DREDGING OF THE FEDERAL NAVIGATION PROJECT SHALL HAVE PRIORITY.

4. THE MOORING AND ANCHORING OF ALL VESSELS AND EQUIPMENT ASSOCIATED WITH THE PROPOSED WORK SHALL BE IN ACCORDANCE WITH ALL DIRECTIONS GIVEN BY THE HARBOR
MASTER AND ALL APPLICABLE RULES AND REGULATIONS OF THE HARBOR MANAGEMENT COMMISSION CONCERNING MOORING AND ANCHORING IN NORWALK HARBOR.

5. IN ACCORDANCE WITH AN AGREEMENT BETWEEN CL&P AND THE NORWALK SHELLFISH COMMISSION, AND FOR THE PURPOSE OF AVOIDING AND OTHERWISE MITIGATING ANY SIGNIFICANT
ADVERSE IMPACTS ON SHELLFISH RESOURCES, CL&P SHALL:

A) EMPLOY APPROPRIATE SILT CONTAINMENT MEASURES WHEN CONDUCTING THE PROPOSED WORK TO THE EXTENT SUCH MEASURES DO NOT CONFLICT WITH CONDITION 1 ABOVE;
B) RESTORE NATURAL BOTTOM CONTOURS DAMAGED BY THE PROPOSED WORK, INCLUDING BUT NOT LIMITED TO CONTOURS DAMAGED BY CABLE TRENCHES AND ANCHOR STRIKES, WITH SUITABLE FILL MATERIAL AS DETERMINED BY THE OLISP IN CONSULTATION WITH OTHER APPROPRIATE AGENCIES OF THE DEP, THE BUREAU OF AQUACULTURE AND SHELLFISH COMMISSION;

C) AT THE CONCLUSION OF THE CONTOUR RESTORATION PLACE SUITABLE CULTCH MATERIAL AS DETERMINED BY THE OLISP IN CONSULTATION WITH OTHER APPROPRIATE AGENCIES OF THE
DEP, THE BUREAU OF AQUACULTURE AND SHELLFISH COMMISSION ON DISTURBED AREAS; AND

D) POST A PERFORMANCE BOND IN THE AMOUNT OF ONE MILLION FIVE HUNDRED THOUSAND DOLLARS WITH A TERM OF FIVE YEARS, FOR THE BENEFIT OF THE CITY OF NORWALK, TO ENSURE THAT CONDITIONS 5(A), 5(B) AND 5(C) ABOVE ARE MET.

6. FOR THE PURPOSE OF AVOIDING AND OTHERWISE MITIGATING ANY SIGNIFICANT ADVERSE IMPACTS ON WATER QUALITY, SHELLFISH RESOURCES, AND OTHER COASTAL RESOURCES OUTSIDE OF THE PROPOSED WORK AREAS, CL&P SHALL EMPLOY APPROPRIATE EQUIPMENT TO MONITOR AND ASSESS ANY SUCH IMPACTS TO THE SATISFACTION OF THE OLISP IN CONSULTATION WITH OTHER APPROPRIATE AGENCIES OF THE DEP, THE BUREAU OF AQUACULTURE AND SHELLFISH COMMISSION.

7. THE NORWALK HARBOR MASTER SHALL BE THE DESIGNATED POINT OF LOCAL CONTACT FOR RECEIPT OF INFORMATION FROM THE APPLICANT CONCERNING THE STATUS OF WORK IN PROGRESS AS IT AFFECTS NORWALK HARBOR. THE HARBOR MASTER SHALL BE PROVIDED WITH APPROPRIATE STATUS REPORTS ON A DAILY BASIS THROUGHOUT THE COURSE OF THE WORK AS IT AFFECTS NORWALK HARBOR. CL&P SHALL REIMBURSE THE HARBOR MASTER FOR ANY EXTRAORDINARY EXPENSES RELATED TO THE FUNCTION OF THE HARBOR MASTER FOR THE SAFE AND EFFICIENT OPERATION OF NORWALK HARBOR THAT ARE DIRECTLY ATTRIBUTABLE TO THE PROPOSED WORK. THE AMOUNT OF REIMBURSEMENT SHALL BE DETERMINED ACCORDING TO A PROCEDURE AGREED TO BY THE HARBOR MASTER AND CL&P PRIOR TO THE START OF THE PROPOSED WORK.

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

Ms. Clark left the meeting at 7:20 p.m. to present the recommendation and comments of the Harbor Commission to the members of CL&P at the public hearing, which was in concurrently in session.

COMMITTEE REPORTS

a. Application Review - (Cont):

2006-11 (Cont): Geoffrey Beringer, 55 Roton Avenue, Rowayton

CT DEP # 20060264-KB CT DEP Notice of Tentative Approval for work in Farm Creek involving repairs to existing seawall and addition of steps to seawall plus the construction of a float with float skids supported by steel piling; the float will rest on the bottom at low tide. NHMC reviewed 6/28/06 and recommended the project Not be approved in its present form. Shellfish Commission remains opposed.

Mr. Palau reviewed the draft of the letter to Mr. Beringer, which points out that the Harbor Commission has a policy that no structures or vessels should rest on the bottom of the harbor at low tide because of their adverse affects on shellfish resources.

Mr. Palau informed the Commission that he had received a letter from the State DEP that they had made a tentative determination to approve this application. The letter includes the following paragraph:
“The Director of the Bureau of Aquaculture at the Department of Agriculture has determined that the proposed activities will not significantly impact any shellfish areas.”

Harbor Master Griffin commented that both he and Mr. Steadman had managed to register their outrage regarding this application and tentative decision during discussions with the State about the CL&P project. Mr. Steadman had a conversation with Mr. Cary about this subject earlier in the day, during which, Mr. Cary said that he had no problem with the Harbor Commission policy of no docks or vessels resting on the bottom. Apparently, this had slipped through the cracks at Aquaculture. Mr. Cary said that if the Commission objected to this application, he would support the Commission’s objections.

Mr. Palau pointed out that what the Commission has in writing is in direct opposition to what was said. He also commented that he and Mr. Steadman had rewritten the last paragraph of the letter to read as follows:

“Pursuant to Section 22a –113n of the Connecticut General Statutes, the Commission’s recommendations pursuant to the Harbor Management Plan are binding on any official of the State when making regulatory decisions affecting the area within the Commission’s jurisdiction unless such officials show cause why a different action should be taken.”

** MR. PALAU MOVED TO AMEND THE DRAFT OF THE LETTER TO MR. BERINGER AND ALL OTHER APPLICATION LETTERS WHERE APPLICABLE WITH THE ADDITION OF THE LAST PARAGRAPH AS FOLLOWS:

““PURSUANT TO SECTION 22A –113N OF THE CONNECTICUT GENERAL STATUTES, THE COMMISSION’S RECOMMENDATIONS PURSUANT TO THE HARBOR MANAGEMENT PLAN ARE BINDING ON ANY OFFICIAL OF THE STATE WHEN MAKING REGULATORY DECISIONS AFFECTING THE AREA WITHIN THE COMMISSION’S JURISDICTION UNLESS SUCH OFFICIALS SHOW CAUSE WHY A DIFFERENT ACTION SHOULD BE TAKEN.”

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


** MR. ROMANO MOVED TO RECOMMEND THE FOLLOWING:

THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS THE APPLICATION BY GEOFFREY BERINGER, 55 ROTON AVENUE, FOR WORK AT THE SAME ADDRESS ON FARM CREEK INVOLVING REPAIRS TO AND THE ADDITION OF STEPS TO A SEAWALL AND CONSTRUCTION OF A FLOAT WITH FLOAT SKIDS SUPPORTED BY STEEL PILINGS IS NOT CONSISTENT WITH THE NORWALK HARBOR MANAGEMENT PLAN FOR THE REASON STATED BELOW, AND RECOMMENDS THAT THE PROJECT NOT BE APPROVED IN ITS PRESENT FORM:

COMMENTS:

1. THE HARBOR MANAGEMENT COMMISSION RESERVES ITS RIGHT TO REVIEW THIS APPLICATION AT SUCH TIME AS IT MAY BE REVISED.

2. THERE IS NO INDICATION THAT THE PLANS FOR REPAIR OF THE SEAWALL HAVE BEEN PREPARED BY A REGISTERED PROFESSIONAL ENGINEER OR LAND SURVEYOR AS REQUIRED BY THE OLISP’S INSTRUCTIONS FOR COMPLETING A PERMIT APPLICATION.

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

2006-12 (Cont): Roger Smith, 57 Roton Avenue, Rowayton

CT DEP # 200303879-KB CT DEP Notice of Tentative Approval for work in Farm Creek involving repairs to and extension of seawall plus construction of a concrete landing, aluminum ramp with struts, and a 10’ x 10’ float with skids. The project will extend 7’ into Farm Creek; the float will rest on the bottom at low tide. NHMC reviewed 6/28/06 and recommended the project not be approved. The Shellfish Commission remains opposed.

Mr. Palau stated that the letter to the applicant would contain the additional paragraph as cited above.

Mr. Cebrian joined the meeting at 7:35 p.m.

Mr. Callahan said that it was important to be consistent. Mr. Palau agreed.

** MR. PALAU MOVED TO RECOMMEND THE FOLLOWING:

THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS THE APPLICATION BY ROGER SMITH, 57 ROTON AVENUE, ROWAYTON FOR WORK AT THE SAME ADDRESS ON FARM CREEK INVOLVING REPAIRS TO AN EXISTING SEAWALL AND INSTALLATION OF A RAMP AND FLOAT FOR RECREATIONAL BOATING USE IS NOT CONSISTENT WITH THE NORWALK HARBOR MANAGEMENT PLAN FOR THE REASON STATED BELOW, AND RECOMMENDS THAT THE PROJECT NOT BE APPROVED IN ITS PRESENT FORM:

COMMENTS:

1. THE HARBOR MANAGEMENT COMMISSION RESERVES ITS RIGHT TO REVIEW THIS APPLICATION AT SUCH TIME AS IT MAY BE REVISED.

2. THERE IS NO INDICATION THAT THE PLANS FOR REPAIR OF THE SEAWALL HAVE BEEN PREPARED BY A REGISTERED PROFESSIONAL ENGINEER OR LAND SURVEYOR AS REQUIRED BY THE OLISP’S INSTRUCTIONS FOR COMPLETING A PERMIT APPLICATION.

3. THE COMMISSION IS AWARE THAT THE FLOATING DOCK AS PROPOSED IS FIVE FEET FROM THE LITTORAL PROPERTY LINE OF THE NEIGHBORING PROPERTY OWNER AT 55 ROTON AVENUE. WITHOUTTHE CONSENT OF THAT PROPERTY OWNER, THIS DISTANCE IS IN CONFLICT WITH THE GUIDELINES ESTABLISHED BY THE U.S. ARMY CORP OF ENGINEERS.

**MR. ROMANO SECONDED.
** THE MOTION PASSED WITH FOUR IN FAVOR (PALAU, CALLAHAN, ROMANO, AND D’ANDREA) AND ONE ABSTENTION (CEBRIAN).

Mr. Romano left the meeting at 7:36 p.m.

2004-06 (Cont): Marion Green, 83 Roton Avenue, Rowayton

CT DEP # 200402094-JW CT DEP Notice of Tentative Approval for work in Farm Creek involving modifications to an existing concrete landing, ramp, and floating dock and installation of 60’ of biodegradable coir fiber logs for bank stabilization. Originally reviewed by NHMC 7/27/04 with a finding to recommend favorable action.

Mr. Palau explained that the applicant had received approval for this application in 2004 but no work was done on the project. Since then, the standards have changed and the use of mushroom anchors are no longer acceptable. He also commented that this application would need the additional paragraph cited earlier.

** MR. PALAU MOVED TO RECOMMEND THE FOLLOWING:

THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS THE APPLICATION BY MARION GREEN, 83 ROTON AVENUE, ROWAYTON FOR WORK AT THE SAME ADDRESS ON FARM CREEK INVOLVING REMOVAL OF AN EXISTING RAMP AND FLOAT AND INSTALLATION OF A NEW RAMP AND FLOAT TO BE HELD IN PLACE BY FOUR MUSHROOM ANCHORS IS NOT CONSISTENT WITH THE NORWALK HARBOR MANAGEMENT PLAN FOR THE REASON STATED BELOW, AND RECOMMENDS THAT THE PROJECT NOT BE APPROVED IN ITS PRESENT FORM.

THIS FINDING IS BASED ON COMMENTS RECEIVED FROM THE SHELLFISH COMMISISON EXPRESSING CONCERN ABOUT THE IMPACT OF A STRUCTURE RESTING ON THE BOTTOM SECURED WITH MUSHROOM ANCHORS IN AN AREA OF SHELLFISH RESOURCES.

ADDITIONAL COMMENT:

1. THE HARBOR MANAGEMENT COMMISSION RESERVES ITS RIGHT TO REVIEW THIS APPLICATION AT SUCH TIME AS IT MAY BE REVISED.

** MR. D’ANDREA SECONDED.
** THE MOTION PASSED UNANIMOUSLY.

** MR. PALAU THEN MOVED TO SUSPEND THE RULES TO ADD TWO ADDITIONAL APPLCATIONS TO THE AGENDA FOR CONSIDERATION: JOSPEH MURO FOR WORK AT 5 SEABREEZE PLACE AND SEABREEZE PROPERTIES FOR WORK AT 7 SEABREEZE PLACE.

** MR. D’ANDREA SECONDED.
** THE MOTION PASSED UNANIMOUSLY.

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.

The Commission had previously discussed this application in the April 2007 meeting.

** MR. PALAU MOVED TO RECOMMEND THE FOLLOWING:

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.

COMMENTS:

1. 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.

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

** MR. D’ANDREA SECONDED.
** THE MOTION PASSED UNANIMOUSLY.

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.

The Commission had previously discussed this application in the April 2007 meeting.

** MR. PALAU MOVED TO RECOMMEND THE FOLLOWING:

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.

COMMENTS:

1. 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.

2. THE COMMISSION RESERVES THE RIGHT TO REVIEW ANY FUTHER MODIFICAITONS TO THE PROPOSAL.

1. 2007-10 (Cont): O & G Industries, 112 Wall St, Torrington, CT

Richard Warren in Torrington is the contact. Re: CT DEP COP #2007-037-AT issued to O & G Industries for work at 34 Smith Street on the Norwalk River. The application was reviewed by NHMC in March 2007; we tabled it pending additional information. The applicant provided the requested information to CT DEP but did not realize a separate copy should have been sent to NHMC. Now O & G is providing that information for our files.

Mr. Palau read a letter regarding this project to the Commission. There was a brief discussion of creep and the state of deterioration of the bulkhead. No vote was taken.

Ms. Clark rejoined the meeting at 8:00 p.m.

b. Finance

Mr. Cebrian presented copies of his report to the Commission and reviewed the figures with them. A discussion about the various expenses and revenues followed. Mr. D’Andrea asked Mr. Strauch about investigating a harbor grant. It was decided that Chairman Mobilia would contact Mr. Green about this.

d. Web Page/Newsletter

Mr. Geraghty was not present at the meeting, but Chairman Mobilia said that he had prepared a report for the Committee. Mr. Callahan asked how many copies of the newsletter would be prepared for the Oyster Festival. He also suggested asking for help with the printing costs. It was decided that the distribution would be from the David S. Dunavan Center.

e. Boating and Harbor Safety –

Mr. Palau said that he did not have a report this month. Chairman Mobilia said that he wished to update the Committee on the status of the rock called “Old Baldy”, which is Nun 28 off of Sheffield Island. Mr. Palau said that the Coast Guard is aware of the hazard.

Chairman Mobilia then said that the Fire Department Boat is almost ready. Some of those involved in acquiring this boat, which formerly belonged to the Marine Police, were Peter LaPak, Glenn Iannaccone, Alex Knopp, Sandy Anderson and Mayor Moccia. There was a brief discussion of the history of this vessel.

f. Water Quality Committee –

Mr. D’Andrea gave an overview of his report and explained the significance of the various readings from the Norwalk Inshore Water Quality Station.

The discussion then moved to storm drains and Harbor Master Griffin asked for the numbers when the analysis for the storm drains arrive. He also suggested that the Commission be careful to compare the various different types of drain filters against similar kinds because there are three different companies involved in the project and each one produces a different type of drain filter. Mr. D’Andrea said that he had asked for a drain map. Harbor Master Griffin said that apparently DPW did not prep some of the drain basins properly and there may be higher e-coli readings, but that DPW is aware of the problem and is working to manage it.

Mr. Cebrian asked about the definition of “grey water” and Mr. D’Andrea reviewed this and other terms with him.

g. Watershed Initiative Advisory Committee –

Mr. D’Andrea reported that some ideas have come forward on managing geese to lower the e-coli count in the water. He said that a state certified program regarding this is moving forward.

h. Plans and Recommendations

Mr. Callahan complimented Mr. D’Andrea for allowing the Fire Department to temporarily use his slip until Mr. D’Andrea’s boat goes back in the water. Mr. D’Andrea said that he was happy to be able to help the Fire Department out.

i. Dredging – No report.

j. Waterfront Facilities Advisory –

Harbor Master Griffin said that the electricity was up and running on the David S. Dunavan dock. He also reported that Recreation and Parks had expressed support for the idea of tour boats from the dock. Mr. D’Andrea and Harbor Master Griffin had both attended the Council meeting and the resolution was approved.

STAFF REPORTS
a. Harbor Master -

Harbor Master Griffin said that there had been complaints about noise. Mr. D’Andrea said that there is a noise ordinance but that the equipment needs to be calibrated and the staff needs to be trained in using it.

Harbor Master Griffin reviewed the details of the O&G application with the Commission. Mr. Steadman commented that both O&G and Devine Brothers have seen an increase in their businesses since the harbor was dredged.

b. Consultant - No report

c. Planning and Zoning – No report

CHAIRMAN’S REPORT (CONT’D)

Chairman Mobilia reported that the following letters had been sent out:

A letter to the Planning Committee regarding the Plan of Conservation and
Development.
A letter to the DEP in favor of the Halmi application
A letter to the DEP in favor of the Ishchoda Yacht Club application
A letter to CL&P requesting a 60 day extension on the public hearing, which
was not granted. Ms. Clark read the Commission’s letter into the record
of the public hearing.

Mr. Steadman asked if there had been any feedback from the Planning Commission regarding the Master Plan of Conservation and Development. Mr. Strauch said that there had not been any.

Harbor Master Griffin said that Mr. D’Andrea and Mr. Cebrian had done excellent jobs on the formatting of their reports.

APPROVAL OF MAY 23, 2007, MINUTES.

The following corrections were noted:

Page 1, Under ATTENDANCE: Please add the name “Jack Callahan” to the list of
Attendees.
Page 6, in nomination motion: Please change the name of “Clive Mount” to “Clyde Mount.”

Page 9, first paragraph, first line: Please change “Ms. Caplan” to “Ms. Kaplan”

Page 11, third paragraph, first line: Please change: “Chairman Mobilia then announced that a new plaque had been installed.” To “Chairman Mobilia then announced that the David S. Dunavan plaque had been installed.”

** MS. CLARK MOVE TO APPROVE THE MINUTES FOR MAY 23, 2007 AS CORRECTED.
** MR. D’ANDREA SECONDED.
** THE MOTION PASSED UNANIMOUSLY.

NEW BUSINESS / OLD BUSINESS

There was no additional new business or old business to discuss.

ADJOURNMENT

** MR. PALAU MOVED TO ADJOURN.
** MR. D’ANDREA SECONDED.
** THE MOTION PASSED UNANIMOUSLY.

The meeting adjourned at 9:00 p.m.

Respectfully submitted
Sharon L. Soltes
Telesco Secretarial Service

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