` TOWN OF OLD SAYBROOK
Harbor Management Commission
302 Main Street • Old Saybrook, Connecticut 06475-1741
Telephone (860) 395-3123 • FAX (860) 395-3125
REGULAR MEETING
December 12, 2011 7:00 P.M.
1. Call to order
Chairman Ray Collins called the regularly scheduled meeting of the Old Saybrook Harbor Management Commission to order 7:05
2. Roll Call
Les Bowman, Secretary
Dick Goduti
George Wall
Ray Collins, Chairman
David Cole
Scott Mitchell, Dock Master
Ruth Hockert, Clerk
4 members of the public
3. Minutes of previous meetings
Motion – David Cole moved to approve the minutes of the 10/3/2011 Regular Meeting, 10/24/2011 Special Meeting, 11/14/2011 Regular Meeting, 11/21/2011 Special Meeting as amended, George Wall moved to second;
Special meeting Minutes of 10/24/2012 we list a number of options under number 3 add the numbers 1 and 2 to clarify the two options
5-0-0 motion approved unanimously
4. Clerk Report
Ruth Hockert brought to the Commission’s attention that she received only a check from Mr. Hirschorn. She asked the Commission what they would like her to do as she had contacted Mr. Hirschorn by telephone when his application was late and
reminded him to send it in immediately with his registration and the application. It took over four weeks to receive something and the application and registration were not in the envelope, nor was there any correspondence. The discussion was to send new application and a cover letter asking for the registration and the completed application. Dick Goduti mentioned he missed the deadline and he just placed a check in the mail. He wondered if the Commission was giving him special attention. Les Bowman pointed out that he was aware that Mr. Hirschorn had some medical issues this summer. Ray Collins suggested giving Mr. Hirschorn the opportunity to respond.
Motion- George Wall moved to send Mr. Hirschorn a new application with a cover letter specifying what he needs to return; Les Bowman seconded
4-0-1 Motion approved Dick Goduti abstained from voting
5. North Cove
Jeb Embee- 50% attendance
Ray Collins read into the minutes the two letters submitted by Mr. Embee. Also included was a letter from Reeves Potts, of Pilot’s Point saying the work undertaken took longer than necessary and the boat was not back on its mooring as soon as they had led Mr. Embee to believe. Mr. Embee also explained that his boat was up the Mystic River for the hurricane and he was unable to get back to his North Cove mooring for over a week.
Mr. Embee is requesting reconsideration.
Motion – Les Bowman moved to reconsider the Commission’s earlier decision to not offer a mooring to Mr. Embee for the 2012 season, David Cole seconded
5-0-0 motion approved unanimously
Motion – Les Bowman moved to offer Mr. Embee a mooring for the 2012 season, George Wall seconded
5-0-0 motion approved unanimously
Mr. Goduti inquired about the Malton mooring application. Ms. Hockert reported that Mr. Malton gave permission to have his first name “Bob” added to the mooring application.
Motion – George Wall moved to accept the letters indicating changes in vessel sizes from Mr. Missel downsizing from a 37 sail to 30ish power, Decerbo changing from 18 ft to 23 foot, Dick Goduti seconded
5-0-0 motion approved
6. Ferry Road
Wait List – update – none
Project update. Raymond Collins reported that the day the test pits were to be dug the town equipment was needed elsewhere and Dave Freed then went on vacation. The test pit digging will be rescheduled.
George Wall had emailed photos to all Commission members which showed pots stacked p on many of the docks and ramps in violation of Policy # 7. The Commission asked the clerk to send a letter to all slip owners giving them until January 2nd to get
all pots off the dock. The letter will include a statement to the effect “if they (pots) are not removed the town will remove and destroy them and if the town removes the pots the slip owner will not be offered a slip for next year.”
Ray Collins reported that he has once again contacted the Lt. Governor’s office requesting the appointment of a Harbor Master. He was told the office has been very busy. George Wall reminded the Commission that it has been nearly a year since Jim Mitchell resigned as Harbor Master and the Commission has been requesting a new appointment.
8. Dock Master Report
Scott Mitchell mentioned that the guest mooring mushroom is only 300 pounds and Scott believes it should be 400, since it is impossible to monitor vessels that pick it up.
Motion –George Wall moved to upgrade the size of the town mooring in North Cove, Les Bowman seconded; Mr. Bowman requested the Dock Master come back with a cost proposal for the 400 pound mushroom.
5-0-0 motion approved unanimously
Scott Mitchell believes he may be able to sell the mooring for the Town to a new mooring holder.
Scott Mitchell reports that some of the moorings have not been removed from the Town Dock. He has called the mooring holders; however the name on one of the moorings had worn off.
There are two kayaks on the rack which he has been unable to track owners for and he believes Mr. Gorham has been abandoned his small boat in hopes that the Town will throw it out.
Letters will be sent to all moorings holders who did not remove their tackle and dinghies that have not been removed. Scott Mitchell will provide the names to the Clerk
Clothesline report by Scott Mitchell.
Nils Westberg put his whaler on his north cove mooring but did not have a boat on his pole.
Steve Kinney pole number 24 did not put a boat on his space
Motion – George Wall moved that Westberg and Kinney will not be offered a mooring permit for next year for failure to meet the policy of use it or lose it; Dick Goduti seconded
5-0-0 motion approved
10. Correspondence
Application received from the State of CT for repair to the seawall on Maple Avenue.
Ray Collins said the engineers had come to the town and reviewed the plan. The state has already begun work and needs to get the DEEP’s approval. The plans are available for review.
Motion- George Wall moved to find State of Connecticut’s DOT application for rebuilding the seawall on Maple Avenue consistent with the Harbor Management Plan, Les Bowman seconded
5-0-0 motion approved
11. New Business
Proposed change of Zoning Regulations- Presentation by David Royston, Esq.
David Royston Esq. introduced the Rossers and explained that they own a parcel of land at the end of Waterbury Avenue at the end of a “paper road”. Letter dated 9/20/2012 sent by Zoning Officer Christine Costa to DEEP stating that a dock permit is not a permitted principal use in a residential zone. (A dock by itself). A dock can only be an accessory to a primary use. Can have a dock on the lot the house is on or on a lot that is contiguous to the home lot. DEEP has contacted the Rossers saying they will not issue a dock permit if it is not consistent with the Zoning Regulations. Attorney Royston spoke with the Zoning Enforcement Officer and asked how the issue might be resolved. They discussed amendments to the Zoning Regulations. Mr. Royston said that Ms. Costa suggested that the Zoning Commission will be very
interested in hearing what the Harbor Management Commission has to say.
Ray Collins felt that the requirement for a house is a zoning issue.
Mr. Royston explained that the proposal would be that a dock could be built on a lot owned if the house could be across the street or within 300 feet.
Dick Goduti asked if the procedure was for the Zoning Commission to send the application to the Harbor Management Commission. He reminded the Commission that their vote could influence the Zoning Commission vote by requiring a super majority.
David Royston clarified that he is asking the Harbor Commission whether they have any issues with the proposed before more time, energy and expense is put out developing the request for a zoning change. If the Commission were opposed the applicant would want to think about whether they want to go forward.
Dick Goduti is concerned about the use of the word “wharf”.
David Royston said he does not believe that DEEP would issue a dock permit if there is a concern about riparian rights of the adjoining properties.
George Wall asked how many other potential properties might use a change in the zoning regulations to build docks on otherwise unbuildable lots. Mr. Royston did not know byt thought a rough approximation could be made.
Mr. Royston explained that the change would in the definition and then amend 7.12 providing the restriction. The lot in this case would have to be able to support a house and a septic system and this lot cannot so it is not developable.
Mr. Royston and the Rossers thanked the Commission for their time.
FOI complaint – Ray Collins explained that Dick Goduti has filed a Freedom of Information complaint. The complaint was read into the minutes.
George Wall clarified that the Chairman will bring any proposed settlement to the Commission. Dick Goduti felt that not discussing the issue is a disservice to the Commission. Ray Collins felt is was inappropriate to discuss
as the FOI Commission and their ombudsman are now involved.
Motion - George Wall moved to table the discussion until the ombudsmen is present. Les Bowman seconded
4-0-1 Motion approved, Dick Goduti abstained and did not vote
2012 Proposed Meeting Schedule
Motion - George Wall moved to approve the 2012 proposed meeting schedule as submitted, David Cole seconded;
5-0-0 motion approved unanimously
12. Old Business
Summer pay for Scott Mitchell 26 weeks extra pay for inspection of moorings outside North Cove
Dick Goduti believes that the pay was paid to Jimmy Mitchell when there was an inactive Harbor Master; The Town does not currently have a Harbor Master so Scott Mitchell should be paid for his hours.
Motion – George Wall moved to pay Scott Mitchell for 26 weeks extra pay pending appointment as Harbor Master, David Cole seconded
5-0-0 motion approved
Motion - Les Bowman moved to add the defining of special anchorages to the agenda;
George Wall seconded
5-0-0 motion approved
George Wall distributed a handout. There were two areas added as potential anchorages in the Connecticut River, south of the Baldwin Bridge (attached hereto). Ray Collins expressed his concern about the cable that lies under that area. Ray asked if the
area could be moved farther north because this area is where boats circle when they are waiting for train bridge.
Discussion – the proposed anchorages are in a deep water area that does not shoal.
George Wall requests that based on the four pages he discussed with the Commission that he be authorized to move forward with the Coast Guard.
Motion - Dick Goduti moved to authorize George Wall to go forward with the anchorage designation with the Coast Guard, Les Bowman seconded
5-0-0 motion approved unanimously
The 2012 proposed cover letter to Ferry Dock slip owners was reviewed as was the permit application. Les Bowman suggests that the Harbor Commission at least consider the fees for the year. The consensus of the Commission is to hold the fee the same for the coming season.
Dick Goduti brought up the subject of winter sticks. Ray Collins feels that there is a test for this winter with Mr. Hosig’s mooring.
Discussion – Ray Collins believes that if a winter stick policy is put in place all mooring holders when going to a winter stick should start with new tackle. Les Bowman believes that the Commission needs to consider that the mooring field changes due to shoaling and moorings are rearranged. Dick Goduti wants the mooring holder to put in and take out their own mooring. Dave Cole spoke from an insurance perspective saying that annual inspection looks much better in an insurance claim as opposed to the two year
inspection plan. This item will continue to be discussed.
13. Payment of bills
CT DRS $ 1919.20 (taxes)
Ruth $ 8.88 (postage)
Ruth Hockert $ 459.00 9hours)
Motion – George Wall moved to pay the submitted invoices, Les Bowman seconded
5-0-0 motion approved unanimously
14. Adjournment
Motion – Dick Goduti moved to adjourn at 9:05 p.m.
Respectfully submitted,
Ruth Hockert, Clerk
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