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CITY OF NORWALK
HARBOR MANAGEMENT COMMISSION
REGULAR MEETING
JANUARY 23, 2008
ATTENDANCE: Pat Clark, Acting Chair; Henry Palau, Jack Callahan, Dr.
John Pinto, John Romano, Tony D’Andrea
STAFF: Frank Strauch, Planning and Zoning
OTHERS: Jeff DeRosa, Geoff Steadman, Consultant; Brook Katzen
CALL TO ORDER
Ms. Clark called the meeting to order at 7:34 p.m.
PUBLIC COMMENT
Jeff DeRosa from East Norwalk. He thanked everyone for their hard work on the Commission. He said that the main reason that he was present was because of concerns about plans to expand Veteran’s Park. He said that he was concerned that the residents would be pushed out by other boaters.
Ms. Clark asked Harbor Master Griffin if he was aware of anyone coming forward to expand the City Marina. Harbor Master Griffin said that Mr. Mocciae would be the one to speak to, since a Master Plan for the parks is being worked on in his department. Harbor Master Griffin said that the East Basin would be dredged in October. Harbor Master Griffin also pointed out that the DEP was very reluctant to allow additional expansion or dredging.
APPLICATION REVIEW
1. # 08-01 90 SoNo Landing Associates, LLC c/o Spinnaker Real Estate LLC, 21 Marshall Street, Suite 106, South Norwalk 06854 CAM site plan for multi-use commercial and residential development at 90 Water Street, South Norwalk. The proposal indicates a public access way and a floating dock with slips for recreational boating. Agent: John Hilts.
Ms. Clark reminded everyone that this was a CAM application and had nothing to do with a dock application. She added that there would be a new application regarding those in the future. Ms. Clark said that the Application Review Committee had tabled their questions and therefore she was not bringing a recommendation to the Commission. Mr. Katzen, the project manager, was present to answer the Commission’s questions. Ms. Clark reviewed the details for drawings and where the catch basins were located. Each of the basins will be outfitted with Ultra- Urban filters and storm water will pass through an oil and grit separator.
Ms. Clark said that there were some concerns about where the drainage would go once it left the property. She said that there had been a number of flooding problems with Water Street. Ms. Clark said that Mr. Katzen had replied via email regarding some of these questions. The water on the property will pass through pervious pavers. There will also be two storm water lines, one that runs north and one that runs south, in order not to overwhelm the City’s storm water system. The water will eventually end up in the Sound after passing through several different filtration systems.
Ms. Clark pointed out that there was a deteriorating bulkhead that had vegetation growing up behind it. The DEP has stated that they wish to retain that vegetation and the slope that has been established.
Ms. Clark indicated where the right of public access would be located.
Mr. Callahan asked whether the deteriorating bulkhead would be removed. Ms. Clark said that there would be a more detailed application and permit. She said that all the details at this meeting indicated that the bulkhead would remain. She then invited Mr. Katzen to address the Commission.
Mr. Katzen said that the parcel was a contaminated site, but the previous owner had cleaned up the site. When the new property owner took possession of the site, a system was installed to continue cleaning up the ground and soil for at the least a year. Mr. Katzen said that the pilings would be retained, but the piling would be repaired by straightening them and trimming the tops. Inter tidal vegetation plantings will be done on the slope.
Mr. Steadman said that a comment had been made in 1991 as well as 2003on previous applications when there was a proposal to repair the bulkhead. Mr. Steadman then read the previous comments from the 2003 application to repair the bulkhead. He said that there were three goals, to repair the bulkhead, to allow public access and to properly allow drainage of storm water.
Mr. D’Andrea asked about possible zoning violations. Mr. Katzen said that there were no zoning violations on this parcel. Mr. D’Andrea then asked for comments on how the City was feeling about the application and the plans for the storm water. Mr. Strauch said that Mr. Linnartz felt that the plans were acceptable and likely to be approved. He then added that DPW and Planning and Zoning both review the application and consider whether or not it could handle a twenty-five year event. This plan does meet those standards.
Mr. Steadman said that on the previous comment there had been an assumption that the storm water system would be held to the City standards. Mr. Strauch said that there would be a bond and that the engineer would have to sign off to certify that the system does meet the City standards.
Ms. Clark then read the standard language that the Commission uses in the findings. Mr. Steadman then read the previous conditions from the 2003 application regarding the public access. Ms. Clark assured him that these conditions were met in the current application.
** MR. PALAU MOVED TO APPROVE APPLICATION #08-01 FOR A COASTAL AREA SITE PLAN REVIEW, WHICH IS CONSISTENT WITH THE HARBOR MANAGEMENT WITH THE FOLLOWING CONDITIONS:
1. THE OWNERS OF THE PROPERTY SAHLL EMPLOY APPROPRIATE BEST MANAGEMENT STORM WATER TREATMENT SYSTEMS AND TECHNOLOGY TO REDUCE THE POTENTIOAL FOR NON POINT SOURCE POLLUTION TO ENTER THE HARBOR. SUCH SYSTEMS AND TECHNOLOGIES SHOULD BE PROPERLY MAINTAINED AND OPERATED IN ACCORDANCE WITH REGULARLY SCHEDULED MAINTENANCE PROCEDURES, AND ALL ACCUMULATED RESIDENT SHOULD BE PROPERLY DISPOSED OF; AND
2. THERE SHALL BE MEANINGFUL PUBLIC ACCESS.
** DR. PINTO SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
2. Ava Roosevelt, 14 Nathan Hale Road. CT DEP application under the 4/40 guidelines for a 3x 30 ramp and pile supported floating 8 x 12.5 ramp for recreational boating. There are two pilings on the landward end of the float; the structure will extend from an existing stone pier. The project site is adjacent to a Shellfish Concentration area. Agent: Roberge Associates.
Ms. Clark stated that the Commission was reviewing this more as a courtesy and involves the installation of a 30 foot ramp and a pile supported floating ramp for recreational boating.
** MS. CLARK MOVED TO RECOMMEND FAVORABLE ACTION WITH ONE CONDITION, WHICH
IS THAT THE APPLICATION BE REVIEWED BY THE SHELLFISH COMMISSION.
** MR. PALAU SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
3. Mr. Robert Halmi and Ms. Lisa Weimer of 18 Rocky Road, #200700953-KB, proposed to install a stairway waterward of the high tide line.
The Commission reviewed this application but did not take action on it at this time.
4. Permits Received:
Roger Smith, 57 Roton Avenue #200303879-KB, Last reviewed 6/07 by NHMC; not recommended Shellfish Comm. Review 9.07 removed objections. Permit conditions: no float or vessel resting on the bottom.
Marion Green, 83 Roton Avenue #200402094-JW Last reviewed 6/07 by NHMC; not recommended Shellfish Comm. reviewed 9/07, removed objections. Permit conditions: no float or vessel resting on the bottom.
Ava Roosevelt, 14 Nathan Hale Drive, #COP-2007-184-SJ Never reviewed by the NHMC. Work includes retention of existing riprap revetment and stone pier and maintenance of pier; also removal of derelict pilings.
Charles Berman, 7 Nyled Avenue. #COP-2007-202-TS. Reviewed & approved 10/07. Retain & maintain existing stone revetment on the east side of Pine Point.
OTHER BUSINESS
Ms. Clark then stated that Mr. Brian Thompson of the DEP had responded to the Commission regarding the DEP’s disregard of the Commission’s recommendation. Ms. Clark reported that Mr. Thompson had stated in the letter that the failure to receive a copy of the updated plans does not constitute an actionable item. Mr. Thompson also said that the DEP takes full responsibility for the approval of the application and commented about the workload of the DEP.
CHAIR’S REPORT
Ms. Clark then said that Mr. Mobilia had emailed his report to everyone since he was away. Mr. Mobilia met with the Mayor in December to update him on the dredging project and the capping materials. Mr. Cebrian and Mr. Mobilia met with Mr. Hamilton to review the budget and the response seemed to be favorable.
The two framed photographs of the Harbor that were donated to the Mayor’s ball both sold. One went for $185 and the other for $210.
Ms. Clark then congratulated both Mr. Callahan and Mr. Palau on their reappointments to the Commission.
Finance – No report.
Web Page/Newsletter – No report.
Boating and Harbor Safety – No report
Water Quality Committee –
Mr. D’Andrea said that there were had been a number of bypass solid excursions events recently. Mr. D’Andrea said that Mr. Mobilia had asked him to table most of the items until Mr. Mobilia returns to Connecticut. Mr. D’Andrea reported that the shellfish beds have been closed for between 10 to 12 days because of the increased readings. Mr. D’Andrea said that the plan is to bring the certified test date to the appropriate authorities. Aquaculture has also been tracking the levels. Currently, the levels are at 200,000 parts per layer. The shellfish beds are closed at 20,000.
Mr. D’Andrea then reviewed the testing procedure and how the results will be handled. He said that Aquaculture, Health Department, the Harbor Master, the Maritime Aquarium, and the Water Quality Committee are all working together to compile the scientific measurements. Mr. D’Andrea said that Mr. Atkins, who is the chairman of the Water Pollution Control Authority, is aware of the situation.
Harbor Master Griffin asked if someone is testing the water quality above the sewage treatment plan. Mr. D’Andrea said that when an event happens, he hops in his boat and goes upriver. If he is unable to use the boat to get upstream, measurements are taken from the Sav-A-Tree bulkhead. Harbor Master Griffin then suggested several measurements that could affect the readings, which the Commission discussed briefly Mr. D’Andrea said that he would be video taping some of the water surface slicks that he has encountered as part of the documentation.
Watershed Initiative Advisory Committee –
A new coordinator, Joe DiResi, has been brought on board. Mr. D’Andrea said that there still have not come up with a firm goose management plan.
Plans and Recommendations –
Mr. Callahan said that he would like to have a meeting of the Plans and Recommendation Committee to discuss the long term goals of the Harbor Management. The Commission then discussed possible Thursday dates. It was agreed that the meeting would be on February 28th at 7:30 p.m.
Dredging –
Dr. Pinto said that 5.6 million dollars in funding had been allocated by the Federal Government. This would only allow a portion of the dredging. Dr. Pinto said that he and Mr. Steadman were working on a priority list of spots that need to be dredged. The capping material will be coming from North Cove to Norwalk. However, Norwalk has to finance the transportation costs from Long Island across the Sound to Norwalk. Dr. Pinto said that the EPA is requiring that the capping material be tested again because the material was originally intended for Corn Field Shoals. A bond can be placed for the Norwalk project, but it has not been allocated. However, it is unclear at this time whether this funding would be directed to the Connecticut Dredge Coordinator or the funding would be directed by the City.
Harbor Master Griffin then mentioned that the south anchorage had been analyzed by Mr. Dunavan when he was alive and Mr. Dunavan determined that the dredge depth could be reduced from 10 feet to 8 feet . The main federal anchorage was set at 6 feet. There is also a one foot over dredge factor. Mr. D’Andrea asked if this would save on material removed. Dr. Pinto said that he had not done the numbers just yet, but that the savings would be significant. A meeting will be set up Mr. Corralious. Harbor Master Griffin asked for a sense of the Commission on this idea. The Commission was in general agreement.
Waterfront Facility Advisory –
Harbor Master Griffin said that the docks were closed. He then reviewed his written report with the Commission.
A check has been received by the City from the Art Vessel that was docked at the Visitor’s Dock.
STAFF REPORTS
Harbor Master
Harbor Master’s Report –
Harbor Master Griffin pointed out that there had been discussion about accurate and updated reports on mooring permits. Harbor Master Griffin presented Mr. Greene with a permit listing. Copies of the permits are now available at Planning and Zoning for those who are renewals only.
Harbor Master Griffin then reviewed the number of permits listed and the new anchorage fees received.
** MR. PALAU MOVED TO ACCEPT THE HARBOR MASTER’S REPORTS.
** DR. PINTO SECONDED.
** THE MOTION PASSED UNANIOUSLY.
Harbor Master Griffin passed around a copy of the minutes for the Long Island Sound Commission. Dr. Pinto said that he was astounded by the redundancy.
Consultant -- No report.
Planning and Zoning – No report.
Approval of the December 19, 2007 minutes
The following corrections were noted:
Page 2: Motion – please change the following from:
** MS. CLARK RECOMMENDED THAT APPLICATION 2007-05 BE APPROVED :
THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS THE APPLICATION FOR COP TO THE CT DEP BY THE NORWALK BOAT CLUB FOR WORK AT THE SAME INVOLVING MANTAINANCE DREDGING OF 2800 CUBIC YARDS TO 6’ MEAN WATER LEVEL AND 1’ OVERDREDGE AND REPLACEMENT OF DETERIORATING SECTIONS OF EXISITING DOCKS IN KIND AND IN PERMITTED LOCATIONS IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN, AND MOVED TO RECOMMEND FAVORABLE ACTION WITH THE FOLLOWING CONDITIONS:
1. ALL IN WATER STRUCTURES REMOVED PRIOR TO DREDGING SHALL BE REPLACED IN THEIR PERMITTED LOCATIONS AND A COPY OF THE AS BUILT SURVEY BE PROVIDED TO THE COMMISSION.
TO: ** MS. CLARK RECOMMENDED THAT APPLICATION 2007-05 BE APPROVED :
THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS THE APPLICATION FOR COP TO THE CT DEP BY THE NORWALK BOAT CLUB FOR WORK AT THE SAME INVOLVING MANTAINANCE DREDGING OF 2800 CUBIC YARDS TO 6’ BELOW MEAN WATER LEVEL AND 1’ OVERDREDGE AND REPLACEMENT OF DETERIORATING SECTIONS OF EXISITING DOCKS IN KIND AND IN PERMITTED LOCATIONS IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN, AND MOVED TO RECOMMEND FAVORABLE ACTION WITH THE FOLLOWING CONDITIONS:
1. ALL IN WATER STRUCTURES REMOVED PRIOR TO DREDGING SHALL BE REPLACED IN THEIR PERMITTED LOCATIONS AND A COPY OF THE AS BUILT SURVEY BE PROVIDED TO THE COMMISSION.
Page 3, on Dredging. – Please change the following from:
g. Dredging
Dr. Pinto announced that funds had been appropriated funds of 5.6 million for dredging, plus 1 million for capping from the CT Maritime Commission. Chairman Mobilia said that Ms. McCarthy and Mr. Genuario were in attendance. The discussion at the meeting was very interesting. The Commission then discussed the issues regarding capping requirements and funding that had been brought up at this meeting. After a lengthy discussion, Ms. Clark pointed out that the Harbor Commission would have to have a discussion with the Army Corps of Engineer to prioritize the projects and allocate the funding effectively. Dr. Pinto pointed out that the Federal funding had been explored and now the funding will be coming from the State. The Mayor will need to take an very active role in this process, along with Mr. Cafero. Ms. Clark pointed out that the Norwalk Harbor Commission is leading the way and many different communities are watching Norwalk. Chairman Mobilia said that he would contact the Mayor and see if he could arrange a breakfast meeting with him before Chairman Mobilia leaves on his trip.
To: g. Dredging
Dr. Pinto announced that f 5.6 million in federal funds had been appropriated, plus 1 million for capping from the State Bonding Commission. Chairman Mobilia said that Ms. McCarthy and Mr. Genuario were in attendance at the CT Maritime Commission in which he attended with Mike Griffin and Geoff Steadman. The discussion at that meeting was very interesting. The Commission then discussed the issues regarding capping requirements and funding that had been brought up at this meeting. After a lengthy discussion, Ms. Clark pointed out that the Harbor Commission will have to have a discussion with the Army Corps of Engineer to prioritize the projects and allocate the funding effectively. Dr. Pinto pointed out that the Federal funding had been explored and now the additional funding will be coming from the State. The Mayor will need to take an very active role in this process, along with Mr. Cafero. Ms. Clark pointed out that the Norwalk Harbor Commission is leading the way and many different communities are watching Norwalk. Chairman Mobilia said that he would contact the Mayor and see if he could arrange a breakfast meeting with him before Chairman Mobilia leaves on his trip.
Page 6, paragraph 4, Motion: please change the following from :
** MR. PALUA MOVED TO APPROVE THE MINUTES OF NOVEMBER 28, 2007 MINUTES AS CORRECTED.
To : ** MR. PALAU MOVED TO APPROVE THE MINUTES OF NOVEMBER 28, 2007 MINUTES
AS CORRECTED.
** MR. PALUA MOVED TO APPROVE THE MINUTES OF DECEMBER 19, 2007 MINUTES AS AMENDED.
** DR. PINTO SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
NEW BUSINESS
Dr. Pinto said that it was nomination time. He suggested that in order to keep the status quo, it would require suspension of the rules of the three year requirement, to continue for an additional year to supervise the dredging project.
** DR. PINTO MOVED TO SUSPEND THE BYLAWS THAT THE TERM OF OFFICE TO HAVE THE
CURRENT OFFICERS REMAIN IN OFFICE THROUGH THE DREDGING SEASON WITH THE CAVEAT
THAT THE NEW OFFICERS WILL START IN FEBRUARY 1ST OF 2009.
** MR. PALAU SECONDED.
** THE MOTION PASSED UNANIMOUSLY (D’ANDREA, ROMANO, PALAU, CALLAHAN, PINTO,
AND CLARK).
Mr. D’Andrea said that he was sure that everyone had read about Broadwater. Mr. D’Andrea said that he needed people to contact their representatives about the issue. Any support that the Commission can give the elected officials would be appreciated.
OLD BUSINESS
There was no additional business to discuss at this time.
ADJOURNMENT
** MR. PALAU MOVED TO ADJOURN.
** MR. D’ANDREA SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
The meeting adjourned at 9:45 p.m.
Respectfully submitted
Sharon L. Soltes
Telesco Secretarial Services