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HARBOR MANAGEMENT COMMISSION

JULY 28, 2004

ATTENDANCE: Dr. John Pinto, Chairman; Pat Clark; Richard Ramsey; Jose Cebrian; Tony Mobilia; Jason Farrow; Jack Callahan; Henry Palau

STAFF: Michael Griffin, Harbormaster

OTHERS: Geoff Steadman, Consultant; Fred Krupp; Jan Vengerovskiy

CALL TO ORDER

Dr. Pinto called the meeting to order at 7:35 pm. He noted that Mr. D’Andrea would not be attending the meeting this evening.

APPROVAL OF THE MINUTES

** MS. CLARK MOVED APPROVAL OF THE MINUTES OF JUNE 23, 2004 AS AMENDED.
** MR. PALAU SECONDED.

The following corrections were made:

Page one, second paragraph, under the Chairman’s Report delete the word deposal and replace with disposal. Page two, under Item d delete the word perpetual and replace with perpetuate.

** MOTION PASSED UNANIMOUSLY.

CHAIRMAN’S REPORT

a. David S. Dunavan Boating Center dedication

Dr. Pinto reported that the naming of the visitor’s docks in the memory of Mr. Dunavan on July 10, 2004 was very moving and was very well attended. He added that Mrs. Dunavan as well as family members and friends were present and that the plaque designed by Tony Mobilia and Tony D’Andrea naming the Boating Center was presented to her.

Mr. Mobilia expressed his thanks to all who helped, saying that it was well appreciated.

b. Comments to Chan Krieger & Associates on the Mid-Harbor Development Plan draft.

Dr. Pinto indicated that comments regarding the Mid-Harbor Plan have been sent to Alanna Kabel for inclusion in Chan Krieger’s final Mid-Harbor plan.

c. July 15 presentation by the Chairman to the Norwalk River Watershed Initiative

Dr. Pinto said that he had made a power point presentation to the Norwalk River Watershed Initiative regarding Norwalk’s Perspectives of Its River and Harbor. He said he had discussed the Commission’s Harbor Management Plan and focused on the accomplishments of the Norwalk River Watershed Initiative’s five-year plan as it relates to achievements of the Norwalk Harbor Management Commission.

COMMISSION ADMINISTRATIVE BUSINESS

a. Harbor Management Plan revision

Mr. Steadman said that Marcy Balint (DEP) had been on vacation and it would be at the end of next week before she would begin the review of the plan including the proposed changes.

Dr. Pinto added that the Commission has received its updated membership to Connecticut Harbor Management Association for 2004/05 season.

COMMITTEE REPORTS

a. Web Page/Newsletter – Mr. Mobilia

Mr. Mobilia reminded everyone that assignments for the Newsletter are due to him by August 31, 2004.

b. Finance – Mr. Ramsey

Mr. Ramsey stated that he had been in contact with the city regarding the transfer of funds for the next fiscal year. Regarding the postage account, he said this now has a positive balance, he said it was important to log the number of items they are sending out. He added that they are missing the April and May invoices from Telesco Secretarial Services.

c. Application Review – Ms. Clark

Ms. Clark requested a suspension of the rules to add two more items to the agenda. There were no objections.

1. State of Connecticut DOT – State Project No. 301-074: COP Application for rehabilitation of Metro North Bridge over the Norwalk River to replace destroyed fender system in East channel.

Ms. Clark referred to the support system of the above-mentioned bridge being damaged in April and the first section of repairs was done under an emergency permit. This is for the rest of the repairs that are deemed necessary. She said some new information has recently come to her attention and said she would read the findings from the Application Review committee and then open up for questions and comments.

** MS. CLARK MOVED THAT THE APPLICATION REVIEW COMMITTEE RECOMMENDS THAT THE APPLICATION FOR A COP TO CT DEP BY STATE OF CT DEPARTMENT OF TRANSPORTATION, PROJECT #301-074 FOR WORK AS METRO NORTH BRIDGE, PIER #3 AND EAST CHANNEL FENDER INVOLVING THE REPAIR OF DETERIORATED SOUTHERN SECTION OF FENDER IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN AND MOVE TO RECOMMEND FAVORABLE ACTION.

** MR. PALAU SECONDED.

Mr. Farrow confirmed that this was for work on the east side.

Ms. Clark showed a set of photographs to show the condition of the support timbers in the area. She said it would involve the replacement of fenders around the pilings that are the main support for the bridge; the work in the proposal would be conducted from a waterborne barge. Ms. Clark said in the application it states that they will not be blocking off both sides of the channel simultaneously and work will not begin until work is complete on the west side.

Mr. Steadman showed aerial photographs that showed the proximity of the nearby recreational facility to the area in question.

Ms. Clark said what the process is consistent with the Harbor Management Plan. She asked for any questions or comments from the public.

Fred Krupp, a rower from Maritime Rowing thanked the Chairman and Ms. Clark for welcoming them. He said from their standpoint of having rowed past the pilings there is no question that they need to be replaced, however he said that they did have issue with regard to the procedure. He stated that nobody on the east side of the river received the required notification and they only became aware of this over the weekend. Mr. Krupp said their main concern was during the fall season, after school has resumed as there will be up 160 high/ middle school students out there rowing, in addition up to 60 adult rowers and as of right now there are no provisions for them to have access during this very busy time. He asked that this Commission not approve the application until such provisions are made. He suggested most of their rowing is done by Thanksgiving and asked if the project could be put off until mid November. Further to this, the work could begin sooner if it could begin at the northern end first. He showed a diagram of the area including the size of boats.

Jan Vengerovskiy, the owner of the water sport center said the fall is their major season and this is very important to their business.

Mr. Ramsey said he has spoken with the project manager for Metro North project and said they are aware of these concerns. He said there is a situation where they have a major crane that has a very high boom and also there is one that has the largest pile driver. He said the date issue is something that could be discussed and said that the presence of a representative from the DOT would be a good idea.

Mr. Steadman said they could call the DEP saying they had heard a major issue tonight and ask for this to be addressed before the application goes forward. He said that at the moment the application is consistent with the plan, but it if the work is done in a way that adversely impacted a water dependent use then it would not be consistent.

Mr. Griffin suggested that a letter be generated to the DEP at the same time to convene a meeting with the contractor and a representative from the DOT to determine the reality of re-scheduling.

** MS. CLARK MOVED TO WITHDRAW HER MOTION.
** MR. PALAU WITHDREW HIS SECOND.

** MS. CLARK MOVED THAT THE NORWALK HARBOR MANAGEMENT ASSOCIATION HAS REVIEWED THE COP APPLICATION TO CT DEP BY STATE OF CT DEPARTMENT OF TRANSPORTATION, PROJECT #301-074 FOR WORK AT METRO NORTH BRIDGE, PIER #3 AND EAST CHANNEL FENDER INVOLVING REPAIR OF DETERIORATED SOUTHERN SECTION OF FENDER.

DURING OUR MEETING OF JULY 28, 2004 WE HEARD COMMENTS FROM REPRESENTATIVES OF THE WATER SPORTS CENTER AND MARITIME ROWING CLUB ON THE EAST SIDE OF THE HARBOR THAT THE PROPOSED WORK WOULD ADVERSELY AFFECT THE VIABILITY OF THEIR OPERATIONS. ALSO THOSE PROPERTY OWNERS ON THE EAST SIDE OF THE HARBOR WERE NOT PROPERLY NOTIFIED OF THE APPLICATION.

THE NORWALK HARBOR MANAGEMENT ASSOCIATION REQUESTS THAT NO ACTION ON THIS APPLICATION BE TAKEN UNTIL SUCH TIME AS ADDITIONAL INFORMATION IS PROVIDED TO ENSURE THAT THE PROPOSED WORK WILL NOT HAVE ANY SIGNIFICANT ADVERSE IMPACT ON THE VIABILITY OF EXISTING WATER-DEPENDENT USES IN THE VICINITY OF PROPOSED WORK.

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

2. Marion Green, 83 Roton Avenue, Rowayton: Application to CT DEP & ACOE for retention of and modifications to concrete landing, ramp, and floating dock in Farm Creek and installation of biodegradable fiber logs for non-structural erosion control. Proposed structure is for small boat docking, needed to avoid repeated crossings of inter-tidal zone. Proposed structure will be approximately 32’ long, from above the high tide line into the waters of Farm Creek.

Ms. Clark explained that to help prevent encroachment on the neighbor’s property they intent to install coir fiber logs that will be used to stimulate root growth for natural vegetation.

Mr. Farrow if this was an accepted approach, environmentally.

Ms. Clark responded by saying that this is a way of stabilizing an eroded shoreline.

** MS. CLARK MOVED THAT THE NORWALK HARBOR MANAGEMENT ASSOCIATION FIND APPLICATION TO CT DEP AND ACOE BY MARION GREEN, 83 ROWAYTON AVENUE, ROWAYTON FOR WORK AT THE SAME ADDRESS INVOLVING MODIFICATIONS TO CONCRETE LANDING RAMP AND FLOATING DOCK AND INSTALLATION OF BIODEGRADABLE COIR FIBER LOGS IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN, AND MOVE TO RECOMMEND FAVORABLE ACTION.

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

3. Seabreeze Properties LLC, 22 Crockett St, Rowayton for work at 7 Seabreeze Place, South Norwalk. Contact Neal Konstantin. Application to CT DEP & ACOE for construction of a small boat docking facility at private residence. There is a concrete seawall and deteriorated timber pier. The proposal consists of new pile-supported timber pier, aluminum grating ramp, timber floating dock anchored by timber pilings, extending approximately 117’ from the high tide line into Norwalk Harbor.

** MS. CLARK MOVED THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS APPLICATION TO CT DEP AND ACOE BY NEAL KONSTANTIN, SEABREEZE PLACE PROPERTIES LLC, 22 CROCKETT STREET, ROWAYTON FOR WORK AT 7 SEABREEZE PLACE, SOUTH NORWALK INVOLVING REPLACEMENT OF 49’ DETERIORATED PIER WITH 72’ ELEVATED PIER 30’ RAMP AND 8X20 FLOATING DOCK IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN AND MOVE TO RECOMMEND FAVORABLE ACTION WITH THE FOLLOWING COMMENT:

1. THIS PROPOSAL PRESENTS THE POSSIBILITY OF DOCK PROLIFERATION IN AN INTER-TIDAL FLAT/SHELLFISH AREA AND RECOMMENDS A REVIEW BY THE SHELLFISH COMMISSION.

** MR. PALAU SECONDED.

Ms. Clark showed drawings of the area and the elevated structure. She said that shellfish are in the general vicinity and they wanted to be sure that the Shellfish Commission is made aware of this.

** MOTION PASSED UNANIMOUSLY.

4. Revised application for Norwalk River Housing and Rowing Club at Moody’s Lane, South Smith St, and Daskams Lane on the Norwalk River for construction of a pierhead, ramp, and floating dock.

Ms. Clark stated that this application was reviewed earlier in the year and was given approval. However, an error was noticed in the survey regarding the location of the long floating dock. She said this has now been changed and the dock would be more north allowing more of a set back.

There was discussion on the carrying capacity of the harbor.

** MS. CLARK MOVED THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS APPLICATION TO CT DEP BY SSMLN, LLC CO BRYAN RASIK, 17 CHURCH HILL ROAD, NEWTOWN, CT FOR WORK AT SMITH STREET AND MOODY’ S LANE ON THE NORWALK RIVER INVOLVING REVISED PROPOSAL FOR ROWING CLUB 190’ X 16’ FLOATING DOCK AND CAPPING BULKHEAD AND ADDING 7 LADDERS IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN AND MOVE TO RECOMMEND FAVORABLE ACTION WITH THE FOLLOWING CONDITION:

1. NO VESSEL MAY BE BERTHED SO AS TO ENCROACH UPON THE REQUIRED 10’ SETBACK FROM THE FEDERAL CHANNEL LINE.

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

5. Norwalk Yacht Club, Nathan Hale Rd, South Norwalk: CAM application to City of Norwalk by Grumman Engineering, Don Strait is contact person. Proposal includes renovations to existing building, addition to existing deck, and installation of new septic system to be located on footprint of existing septic system. No work proposed waterward of the high tide line.

** MS. CLARK MOVED THAT THE NORWALK HARBOR MANAGEMENT COMMISSION FINDS THE CAM APPLICATION TO CITY OF NORWALK BY NORWALK YACHT CLUB, NATHAN HALE ROAD, SOUTH NORWALK FOR WORK AT THE SAME ADDRESS INVOLVING ADDITIONS TO EXISTING BUILDING AND EXISTING DECK AND INSTALLATION OF NEW SEPTIC SYSTEM ON FOOTPRINT OF EXISTING SYSTEM IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN AND MOVE TO RECOMMEND FAVORABLE ACTION.

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

Mr. Griffin suggested that the Shellfish Commission be made aware of this application.

6. Conservation Commission - Open Space Plan

Ms. Clark requested that Commissioners review the open space plan so they are able to review this during the next meeting.

7. Norman Bloom – 7-9 Edgewater Place East Norwalk

Ms. Clark indicated that this is an application by Norman Bloom for changes to an existing building; she added that it would also go before the Zoning Board of Appeals. She stated that the application is in regards to property near tidal waters but is not directly concerned with the Harbor Management Plan so they will forward the application with no comment.

** MS. CLARK MOVED THAT THE NORWALK HARBOR MANAGEMENT COMMISSION HAS REVIEWED THE APPLICATION BY NORMAN C. BLOOM, 7-9 EDGEWATER PLACE, EAST NORWALK FOR WORK AT THE SAME ADDRESS INVOLVING CHANGES TO EXISTING BUILDING REQUIRING ZBA VARIANCES AND FIND THE APPLICATION IS IN REGARDS TO PROPERTY ON OR NEAR TIDAL WATERS, BUT WHOSE PROPOSED ACTIVITY IS NOT DIRECTLY CONCERNED WITH THE HARBOR MANAGEMENT PLAN AND MOVE TO RECOMMEND NO COMMENT.

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

Ms. Clark said as an additional comment, in April they had received a COP for a dock 44 Yarmouth Road, Rowayton that was approved. Since that time Mr. Palau has noticed a lot of activity in the area and there are now two docks. Mr. Palau showed photographs of the area.

Dr. Pinto asked Mr. Steadman to contact the DEP to find out who handled this.

There was discussion on applications that still do not come before the Application Review Committee.

d. Boating and Harbor Safety – Mr. Farrow

Mr. Farrow said there was no committee meeting this week and he had no report.

e. Dredging – Mr. Steadman

Mr. Steadman said that the ACOE have not received their formal letter indicating that the money is available for the project. He said they also need to receive a letter from Mayor Knopp indicating that the money is in the capital budget for the cost sharing.

There was discussion on Southport Harbor being dredged before Norwalk Harbor. Southport’s dredged material was to be used as “cap” material for Norwalk Harbor.

Mr. Steadman stated that there is no chance that the dredging will take place this winter.

f. Water Quality

Dr. Pinto read a report submitted by Mr. D’Andrea outlining his work on the MY Sound Probe, the Water Quality interns, and a new stenciling program of Storm Drains with local boy scouts.

g. Plans and Recommendations – Mr. Callahan

Dr. Pinto indicated that he had spoken with Rep. Robert Duff regarding bulkheading who had expressed his interest with working with the Commission on harbor related issues.

h. Waterfront Facilities Advisory – Mr. Griffin

Mr. Griffin distributed his written report and went through it. He submitted a letter to Dr. Pinto from Attorneys Bove and Milici asking for copies of applications of dockage from the marina adjacent and North of the South Norwalk Boat Club.

NEW BUSINESS

There was no new business this evening.

STAFF REPORTS

a. Planning and Zoning

There was no report this evening.

b. Harbormaster’s Report – Mr. Griffin

Mr. Griffin presented his written report.

** MS. CLARK MOVED APPROVAL OF THE HARBORMASTER’S REPORT DATED JULY 28, 2004.
** MR. CALLAHAN SECONDED.
** MOTION PASSED UNANIMOUSLY.

c. Consultant – Mr. Steadman

Mr. Steadman said the annual Harbor Management Association meeting is on October 7, 2004. He mentioned that Stamford has now put together a Harbor Management Commission. He also commented on the Nezas dock saying that the DEP had called the applicant to say they would not approve the dock, as it was not consistent with the setbacks of the requirements of the Harbor Management Plan. The applicant told the DEP that they would agree not to use the dock to berth a vessel, but to have a warrant to discharge and pick up passengers as a condition for the permit.

OTHER COMMENTS

Dr. Pinto thanked Mr. Griffin for graciously picking up Lunch with the Mayor at the South Norwalk Boat Club following the Boating Center dedication to David S. Dunavan.

ADJOURNMENT

** MR. PALAU MOVED TO ADJOURN.
** MS. CLARK SECONDED.
** MOTION PASSED UNANIMOUSLY.

Meeting was adjourned at 10:00 pm.

Respectfully submitted,

Kate Kye
Telesco Secretarial Services

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