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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
NOVEMBER 28, 2007
ATTENDANCE: Tony Mobilia, Chairman, Pat Clark, Tony D’Andrea, Jack Callahan, Jose Cebrian, Patrick Geraghty, Dr. John Pinto (7:45 p.m.)
STAFF: Vladimir Mariano, Planning and Zoning
OTHERS: John Frank, Shellfish Commission Chairman; Jeffrey C. Miller, Mr. Draper
and Mrs. Harter
CALL TO ORDER
Chairman Mobilia called the meeting to order at 7:40 p.m.
PUBLIC COMMENT
No one present from the public wished to comment at this time.
MR. JEFFERY C. MILLER – RE: 2007 Mooring Permit
Application #M-202 Reinstatement Fee
Chairman Mobilia explained that Mr. Miller had sent a letter to the Harbor Commission regarding a reinstatement fee for his mooring. A Mooring Inspector notified harbor Master Griffin about this. Mr. Miller has requested that the Commission reconsider this issue because the Harbor Commission oversees the Harbor Master and anything to do with the moorings.
Dr. Pinto joined the meeting at 7:45 p.m.
Mr. D’Andrea asked Mr. Miller if he had other times when the application had not arrived. Mr. Miller replied that there had been other times when the application hadn’t arrived. There was some discussion about this issue and what the regulations on the mooring permit indicate.
Mr. Geraghty suggested that a line be added to the mooring permit saying that it is the responsibility of the boat owner to insure that that permit is filed on time.
** MR. GERAGHTY MOVED THAT THE REQUEST FOR REFUND OF MOORING FEES BE DENIED.
** MR. D’ANDREA SECONDED.
Mr. Callahan pointed out that there was not much wiggle room and that to change the rules would require approval by the Council. Dr. Pinto pointed out that this was the second year that this Mooring Application had been in effect.
** THE MOTION PASSED UNANIMOUSLY.
CHAIRMAN’S REPORT
Chairman Mobilia said that more letters had been sent out then stated. One letter went to Alison Tamsett at the Norwalk Yacht Club, another to Mr. Anthony Whitworth, Mr. Thomas Juterbock and Mr. Charles Berman for the work in Norwalk Harbor and a draft to Mr. David Kozak of the Connecticut Coastal and Estuarine Land Conservation Program Plan.
Chairman Mobilia said that he had attended the meeting that Dr. Pinto had organized which was well run and enjoyable.
APPLICATION REVIEW
1. 2007-24: Patricia Harter, 7 Gregory Court and 9 Gregory Court LLC (Arthur and Katharine Draper) CT SEP & ACOE application by adjoining neighbors to construct a shared, private recreational dock extending approximately 128’ water ward from an existing stone seawall. The proposal includes 3’ wide public access steps at the landward end. The structure will include a 4’ x 87’ pile supported timber pier elevated to 11’ built to allow sunlight to reach the waters beneath; a 3’ x 36’ ramp supported by a small float, and a 5’ x 40’ 200 sq. ft. float anchored by 4 pilings. The floats will be at an elevation of 2’ above MLW.
This application replaces the previous application submitted by each party. Additionally, the proposal is to retain a 42’ masonry seawall with access steps at 7 Gregory Court (Harter) and also to retain 82’ of stone riprap at 9 Gregory Court (Draper). Per DEP request, the applicants agree to hand pick loose stones now in tidal vegetation and replace them on the existing riprap.
Ms. Clark reviewed the application and said that the dock would be on the property line between the two homes. The Application Review Committee had decided to recommend the application at their meeting on the 13th. Since the Committee meeting on the 13th, a minor revision has been made to the application. Ms. Clark then reviewed the change to the application. A short area at the landward end of the pier will be elevated along with steps to allow access. This will allow anyone walking along the shoreline to continue without stepping onto private property.
** MS. CLARK MOVED TO FIND THE APPLICATION BY PATRICIA HARTER AND MR. AND MRS. DRAPER CONSISTENT WITH THE HARBOR MANAGEMENT PLAN AND MOVE TO RECOMMEND FAVORABLE ACTION WITH THE FOLLOWING CONDITIONS:
1. NO VESSEL OR STRUCTURE SHALL REST ON THE BOTTOM AT ANY TIME.
2. THE FLOATS AND THE RAMPS SHALL BE REMOVED SEASONALLY.
AND THE FOLLOWING COMMENTS:
1. THE NORWALK HARBOR COMMISSION RESERVES THE RIGHT TO REVIEW AND COMMENT THE STRUCTION IN ITS FINAL FORM.
2. THE NORWALK HARBOR MANAGEMENT COMMISSION SUPPORTS THE CONCEPT OF A SHARED FACILITY.
3. THE APPLICANT SHOULD CHECK WITH THE NORWALK BUILDING DEPARTMENT FOR CONSISTENCY WITH CITY REGULATIONS.
** DR. PINTO SECONDED.
Mr. D’Andrea asked if there was a comment from the Shellfish Commission. Mr. Frank said that a shared dock was a wonderful idea. Mr. D’Andrea then asked if the application was prepared by a professional engineer. Ms. Clark replied that it had been. Mr. Cebrian asked about the height, which Ms. Clark reviewed with him. Mr. Frank then commented that the height to do with concerns from the DEP. Mr. Cebrian asked about the concept of a shared dock. Dr. Pinto said that upstate this practice was quite common and that as long as it is included in the deed, it is not a problem. Mr. Draper explained that his attorney viewed as a shared driveway.
** THE MOTION PASSED UNANIMOUSLY.
Permit
CT DEP COP for Shore and Country Club with special conditions. Vote on comments to DEP.
Ms. Clark said that the Commission had received a copy of the permit that had been issued to the Shore and Country Club. She thanked everyone that was supportive and came to the special meeting regarding the Application COP-2007-135-KZ. Ms. Clark then reviewed the details of the permit. She emphasized that it specifically addressed details for the project outlined in the permit. Ms. Clark said that there were serious concerns about having the applicant submitting plans from an professional engineering prior to the start of the work. The DEP has decided not to require this be done. The DEP did not require a precise diagram of where the items were located and they did not contact the Commission as to why this was not necessary. The State Statute indicates that the Commission’s recommendations are binding unless they show cause to the contrary and they have not done so. The application review committee would like to submit the following draft letter to be sent to Brian Thompson of the DEP.
** MS. CLARK MOVED TO APPROVE THE FOLLOWING LETTER TO MR. BRIAN THOMPSON OF THE DEP REGARING APPLICATION COP-2007-135-KZ ISSUED TO THE SHORE AND COUNTRY CLUB, INC. BY THE OLISP:
DURING ITS MEETING OF NOVEMBER 28, 2007, THE COMMISSION UNANIMOUSLY APPROVE THE FOLLOWING MOTION CONCERNING COP-2007-135-KZ ISSUED TO THE SHORE AND COUNTRY CLUB, INC. BY THE OLISP.
THE NORWALK HARBOR MANAGEMENT COMMISSION IS CONCERNED THAT THE COP-2007-135-KZ ISSUED TO THE SHORE AND COUNTRY CLUB BY THE OLISP FOR WORK AT 220 GREGORY BOULEVARD, EAST NORWALK, DOES NOT INCLUDE SUFFICIENT CONDITIONS TO ENSURE CONTINUED NAVIGATION SAFETY AND PROTECTION OF THE PUBLIC TRUST AREA IN A NARROW AND OFTEN CRODED WATERWAY IN CHARLES CREEK IN NORWALK HARBOR AND REQUESTS THAT OLISP PROVIDE TO THE COMMISSION A WRITTEN RESPONSE TO THE FOLLOWING CONCERNS OF THE COMMISSION.
CONCERNS:
1. TO ENSURE THAT THE IN-WATER STRUCTURES TO BE REMOVED BY THE SHORE AND COUNTRY CLUB TO CONDUCT THE PROPOSED WORK ARE REPLACED IN THEIR EXISTING, PREVIOUSLY APPROVED LOCATIONS, THE COMMISSION RECOMMENDED TO THE OLISP THAT A PRE-CONSTRUCTION SURVEY OF EXISTING CONDITIONS BY A PROFESSIONAL ENGINEER OR LAND SURVEYOR BE REQUIRED AND PROVIDED TO THE COMMISSION AND OLISP PRIOR TO CONSTRUCTION. THIS RECOMMENDATION OF THE COMMISSION IS NOT REFLECTED IN COP-2007-135-KZ AND THE OLISP HAS NOT SHOWN CAUSE, AS REQUIRED BY SECTION 22A-113N OF THE GENERAL STATUTES, AS TO WHY THE COMMISSION’S RECOMMENDATION IS NOT INCLUDED AS A CONDITION OF THE COP. THE COMMISSION HEREWITH REQUESTS THAT THE OLISP SHOW CAUSE AS TO WHY THIS RECOMMENDATION WAS NOT INCLUDED.
2. THE APPLICANT DID NOT PROVIDE A PROFESSIONALLY PREPARED SURVEY OF EXISTING CONDITION ON EITHER SIDE OF THE WATERWAY IN THE VICINITY OF THE PROPOSED PROJECT AS RECOMMENDED BY THE COMMISSION, INCLUDED A SURVEYED DISTANCE ACROSS THE WATERWAY AND A SURVEYED DISTANCE OF THE WATERWAY. WITHOUT SUCH A SURVEY, HOW DOES THE OLISP INTEND TO ENSURE THAT THE APPROVED WORK IS CONSTRUCTED AS PERMITTED, INCLUDING: A) THAT THE NEW BULKHEAD IS CONSTRUCTED NOT MORE THAN 18 INCHES WATERWARD OF THE EXISTING BULKHEAD; AND B) THAT UPON COMPLETION OF THE WORK ALL IN-WATER STRUCTURES ARE REPLACED THE SAME LOCATION PREVIOUSLY AUTHORIZED?
3. THE PLANS APPROVED BY THE OLISP INCLUDE DREDGING AND REPLACEMENT OF AN EXISITING SEAWALL AT A MARINA BUT WERE NOT PREPARED BY A REGISTERED PROFESSIONAL ENGINEER OR LAND SURVEYOR AS SPECIFIED IN THE OLISP’S “INSTRUCTIONS FOR COMPLETING A CERTIFICATE OF PERMISSION APPLICATION FOR THE OFFICE OF LONG ISLAND SOUND PROGRAMS.” WHY DID THE OLISP NOT APPLY THIS REQUIREMENT TO THIS PROJECT? AND HOW HAS THE OLISP DETERMINED THQAT THE PLANS APPROVED ARE ACCURATE AND THAT THE PROPOSED WORK CAN BE DESIGNED AND CONSTRUCTED AS APPROVED?
** MR. CEBRIAN SECONDED.
The Commission then discussed the details of this issue. Ms. Clark reminded everyone that the issue was encroachment.
** THE MOTION PASSED UNANIMOUSLY.
REPORT
Finance
Mr. Cebrian reviewed the financial report with the Commission. He encouraged everyone to submit all the bills for expenses. Mr. Cebrian also said Mr. D’Andrea managed the budget well this year.
Web Page/Newsletter
Mr. Geraghty distributed copies of his report to the Commission. He also suggested that the renewal form be downloadable from the web.
Boating and Harbor Safety
No report.
Water Quality Committee
Mr. D’Andrea distributed copies to the Committee. He said that he had received over 120 phone calls about the strong smell around the Liberty Square area.
Watershed Initiative Advisory Committee
No meeting this month.
Plans and Recommendation
No report
Dredging
Dr. Pinto said that the Connecticut Maritime Commission had acted upon the letter sent by the Harbor Commission. He then reviewed the details of the motions made by the Connecticut Maritime Commission. If the full funding is approved for the project, there is the possibility of investigating getting capping material from the Housatonic River.
Dr. Pinto also said that there were some new studies regarding the relationship between cadmium occurring naturally in phytoplankton and the levels of cadmium in the water.
He also reviewed the current status of the requests by the Federal legislators for funding for the dredging project.
Waterfront Facility Advisory
Chairman Mobilia reviewed the report from Harbor Master Griffin regarding the Waterfront Facilities with the Commission.
STAFF REPORT
a. Harbor Master
Chairman Mobilia reviewed the Harbor Master’s report and the Harbor Manager’s report with the Commission. Mr. D’Andrea asked what happens when a mooring fee is not paid. Chairman Mobilia said that the mooring is removed from its location.
Dr. Pinto commented that the meeting mentioned the State of the Harbor meeting was on November 7, 2007 and that the CHMA meeting was on November 8, 2007.
** CHAIRMAN MOBILIA MOVED TO ACCEPT THE HARBOR MASTER’S REPORTS.
** MR. D’ANDREA SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
b. Consultant
Chairman Mobilia said that Mr. Steadman was continuing to work on the State of the Harbor report.
c. Planning and Zoning
There was no report.
APPROVAL OF THE OCTOBER 24, 2007 MINUTES AND THE NOVEMBER 7 STATE OF THE HARBOR MINUTES.
October 24, 2007 Minutes
The following corrections were noted:
Page 6, Staff Reports, Motion: Please change the motion from:
** MR. D’ANDREA MOVED TO ACCEPT THE HARBOR MASTER’S REPORT.
** MR. GERAGHT SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
To
** MR. D’ANDREA MOVED TO ACCEPT THE HARBOR MASTER’S REPORT.
** MR. GERAGHTY SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
Page 7, please change the following from:
“Ms. Clark stated findings of the Committee as the following:
The application review committee finds application #2007-21 (revised) for a certificate of permission for the Shore and Country Club for work at 220 Gregory Blvd., East Norwalk involving maintenance dredging to 8 feet below MLW and replacement of sheet piling bulkhead with an extension of 12 inch storm drain pipe to be the new bulkhead face. All floats and docks will be replaced in exactly the same place, consistent with the Harbor Management plan and recommends favorable action with the following conditions:
• A preconstruction survey of existing conditions by a certified engineer or land surveyor be provided to the MHMC and CT DEP before construction begins and a post construction (as built) survey be provided upon the project’s completion (with copies to both the NMHC and CT DEP).
• Best available management practices and technology filtration methods be employed and installed in all catch basins within this project, and that the aforementioned filtration be cleaned and regularly maintained.
• Applicant shall check with the Building Department of the City of Norwalk to insure consistency with any applicable regulations.
• The NHMC reserves the right to review any modifications to this application should they occur.
Motion made by Ms. Clark, Seconded by Dr. John Pinto.
TO READ AS FOLLOWS:
The application review committee finds application #2007-21 (revised) for a CT DEP certificate of permission for the Shore and Country Club for work at 220 Gregory Blvd., East Norwalk involving maintenance dredging to 8 feet below MLW with 1’ overdredge, spoils to in-water disposal site and replacement of sheet piling bulkhead. All floats and docks will be returned to existing locations and an extension of 12 inch storm drain pipe to be the new bulkhead face is consistent with the Harbor Management plan and recommends favorable action with the following conditions:
• A preconstruction survey of existing conditions by a professional engineer or land surveyor be provided to the MHMC and CT DEP prior to construction and a post construction (as built) survey be required (with copies to both the NMHC and CT DEP).
• Best available management practices and technology be used in existing catch basins and be regularly maintained.
• The applicant shall check with the Building Department of the City of Norwalk to insure consistency with any applicable regulations.
• The NHMC reserves the right to review any modifications to this application should they occur.
Motion made by Ms. Clark, Seconded by Dr. John Pinto.
** DR. PINTO MOVED TO ACCEPT THE MINUTES AS AMENDED.
** MS. CLARK SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
To:
“Ms. Clark stated findings of the Committee as the following:
The application review committee finds application #2007-21 (revised) for a certificate of permission for the Shore and Country Club for work at 220 Gregory Blvd., East Norwalk involving maintenance dredging to 8 feet below MLW and replacement of sheet piling bulkhead with an extension of 12 inch storm drain pipe to be the new bulkhead face. All floats and docks will be replaced in exactly the same place, consistent with the Harbor Management plan and recommends favorable action with the following conditions:
• A preconstruction survey of existing conditions by a certified engineer or land surveyor be provided to the NHMC and CT DEP before construction begins and a post construction (as built) survey be provided upon the project’s completion (with copies to both the NMHC and CT DEP).
• Best available management practices and technology filtration methods be employed and installed in all catch basins within this project, and that the aforementioned filtration be cleaned and regularly maintained.
• Applicant shall check with the Building Department of the City of Norwalk to insure consistency with any applicable regulations.
• The NHMC reserves the right to review any modifications to this application should they occur.
Motion made by Ms. Clark, Seconded by Dr. John Pinto.
TO READ AS FOLLOWS:
The application review committee finds application #2007-21 (revised) for a CT DEP certificate of permission for the Shore and Country Club for work at 220 Gregory Blvd., East Norwalk involving maintenance dredging to 8 feet below MLW with 1’ overdredge, spoils to in-water disposal site and replacement of sheet piling bulkhead. All floats and docks will be returned to existing locations and an extension of 12 inch storm drain pipe to be the new bulkhead face is consistent with the Harbor Management plan and recommends favorable action with the following conditions:
• A preconstruction survey of existing conditions by a professional engineer or land surveyor be provided to the NHMC and CT DEP prior to construction and a post construction (as built) survey be required (with copies to both the NMHC and CT DEP).
• Best available management practices and technology be used in existing catch basins and be regularly maintained.
• The applicant shall check with the Building Department of the City of Norwalk to insure consistency with any applicable regulations.
• The NHMC reserves the right to review any modifications to this application should they occur.
Motion made by Ms. Clark, Seconded by Dr. John Pinto.
** DR. PINTO MOVED TO ACCEPT THE MINUTES AS AMENDED.
** MS. CLARK SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
** MR. CALLAHAN MOVED TO ACCEPT THE MINUTES OF OCTOBER 24, 2007 AS CORRECTED.
** MR. D’ANDREA SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
NOVEMBER 7, 2007
Page 6 and forward, please change the word “effluence” to effluent”.
Page 7, paragraph six, line four: Please change the following from “Chairman of the Harbor Management and the Commissioner of Shellfish “ to “Chairman of the Harbor Management and the Chair of the Shellfish Commission”
Page 8, paragraph four, line six: Please change the following from “funding for the 75,00 cubic yards for the cap on the cell.” To “funding for the 75,000 cubic yards for the cap on the cell.”
** MS. CLARK MOVED TO APPROVE THE MINUTES OF NOVEMBER 7, 2007 AS CORRECTED.
** MR. D’ANDREA SECONDED.
** THE MOTION PASSED UNANIMOUSLY
NEW BUSINESS
Dr. Pinto announced that there would be a fourth annual conference on Estuarine Habitats in Rhode Island in October 2008. One session on the Regional Sediment Management Project is being considered. The program organizers were requesting that parties who are interested in this particular subject make their interest known so that the seminar can be scheduled.
Chairman Mobilia passed around a copy of the Norwalk Hour article on the State of Harbor meeting and the area of pollution around the I-95 bridge. Chairman Mobilia then passed around a copy of an editorial that appeared in the Norwalk Hour.
Holiday Party
The Commission then discussed possible dates for having a holiday get together.
OLD BUSINESS
There was no additional business to discuss.
ADJOURNMENT
** MS. CLARK MOVED TO ADJOURN.
** MR. D’ANDREA SECONDED.
** THE MOTION PASSED UNANIMOUSLY
The meeting adjourned at 9:55 p.m.
Respectfully submitted,
Sharon L. Soltes
Telesco Secretarial Service
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