Minutes of a Meeting of
The Old Lyme Harbor Management Commission
April 8, 2014
Attendance:
Members present – Bob Doyen, Ned Farman, Bill Harris, Mike Mackey, Mike Magee, Tom Meyer, Harry Plaut, and Steven Ross.
Alternate Member present – David Musto, seated for Tom Meyer
Absent – Robert Falaguerra, Dave Frederiks, Tom Meyer
Guests: Keith Nielson, Alan Todd and Robert Sonnichsen
A quorum being present, Chairman Ross called the meeting to order at 7:00 PM.
REPORTS
Motion made by Steven Ross seconded by Bob Doyen to approve the minutes of the meeting of March 11, 2014. Motion passed unanimously and they were accepted as submitted. ~
Steven Ross reported that the only correspondence received related to items being discussed on the agenda and they would be addressed as they come up during the meeting.
Bill Harris presented the Treasurer’s Report for March 2014, which was accepted for audit. A copy of the report is on file with the minutes. The HMC has already received $1,300 for mooring permit fees for 2014 primarily due to Mike Mackey sending application forms out early. Steven Ross presented a check to the HMC to reimburse the commission for pulling a mooring and noted that the HMC is keeping track of the mooring fees they are recovering from moorings that were pulled which did not have permits.
Motion made by Steven Ross seconded by Ned Farman to amend the agenda to move the dock applications to this point of the meeting, as there is a guest waiting to make a presentation. ~Motion passed unanimously.
Guest Presentation – Keith Neilson of Docko, Inc.
Dock Applications
- Keith Neilson continued the presentation he began at the March 2014 meeting on the proposed dock and elevated walkway for Alan Todd at 100 Mile Creek Road. The DEEP had asked them to come to the HMC first to be sure the configuration they worked out would be acceptable to the commission and, if so, the DEEP would then proceed with the application. Steven Ross told Keith that the members had discussed the proposal at the last meeting and found the configuration to be in compliance with the HMC’s Plan and Dock Standards. Motion made by Steven Ross seconded by Ned Farman to state that the proposed application is consistent with the Old Lyme HMC Plan and Dock Standards and forward it to the DEEP. ~Motion passed unanimously. Steven then signed the DEEP Permit Consultation Form and returned it
to Keith Neilson to submit to the DEEP.
- Steven passed around the Town Zoning Regulation relating to rebuilding non-conforming structures which have been damaged by a casualty for the HMC members to review for their discussion about the Medeiros dock application. He also noted that this dock existed prior to the adoption of the HMC’s dock standards.
Keith gave a presentation regarding the dock application for John Medeiros for replacement of a dock destroyed by a hurricane at 44 Sea View Road. It was noted that the original applicant/owner built an 8’ x 24’ (192 s.f.) float with a ramp to shore with a very short deck pier which was mounted to the ledge. The dock was installed with anchors rather than installed with drilled piles set into the ledge, which was approved by the DEEP. The anchors were acknowledged to have been used instead of piles. During the course of the use of the dock it changed shape and became exaggerated with jet docks, etc. The DEEP said that the only way they would allow the dock to be rebuilt is if it was put back in its permanent configuration. Keith recommended rebuilding an 8’ x 24’ dock using jet floats instead of a wood frame float and he can then use two piles to hold the float laterally and transversely in place. The DEEP found the design acceptable and has issued a GP15 to rebuild the dock
as originally permitted with the exception of using the jet docks rather than the wood frame float.
The members discussed the matter further including the size of the float, the type of construction and safety issues and asked Keith questions for clarification and additional information. Keith explained the reasons that an 8’ x24’ size (192 s.f.) float is more appropriate than a 100 s.f. size float in LIS. A 100 s.f. dock is not an appropriate size float for LIS because they are too reactive to the wave action and just surf on the waves and they don’t weigh a lot. Steven noted that the HMC’s standards only allow for up to 100.s.f. docks, which are appropriate for tidal wetlands and various inland waterways, but as the HMC does not permit docks in LIS, this was not a consideration. In this singular issue, it does become a consideration. Steven noted that
it was important that whatever the HMC decides to approve it will be noted in the conditions of approval that this is not intended to establish a precedent and that it is an unusual circumstance and, therefore, is being treated as a singular incident and not to be used as an example for other situations.
After the discussion, Steven asked for a consensus by a show of hands on the various issues that arose:
- There was a consensus among the members to approve the “grandfathering” of the old structure.
- There was a consensus among the members to approve the two pilings as they are a more secure method of stabilizing the dock than anchors.
- There was a consensus among the members that the size of the dock should be allowed to be 8’ x24’ the original size of the dock before the storm damage due to safety and longevity.
Motion made by Steven Ross seconded by Harry Plaut to allow the HMC to approve this application on the basis of “grandfathering” the dock which existed prior to HMC’s dock standards and that the HMC is approving the construction method and size because of safety issues and longevity issues related to the site. They are also approving this application as an isolated incident and this is not to establish any precedent for building docks in Long Island Sound. Motion passed unanimously.
Harry Plaut also suggested it was important to require some reflective markers on the piles for safety reasons.
Keith Neilson and Alan Todd then left the meeting.
Motion made by Steven Ross seconded by Ned Farman to move Item 5d on the agenda to this point of the meeting as there is a guest waiting to make a presentation. ~Motion passed unanimously.
Guest Presentation – Robert Sonnichsen, P.E.
DEEP Violation
Robert Sonnichsen, P.E. was at the meeting representing Francisco J. and Mary Lee Pimentel, 85 Connecticut Road on Three Mile River at Point O’ Woods. This application originates from a DEEP violation notice regarding alleged filling of tidal wetlands. Robert gave a presentation on the proposed living shoreline to address the issues of erosion along the Three Mile River at the Pimentel’s property, which is designed to establish a bench of tidal wetland by planting vegetation and using stone. Living shoreline is an idea that the DEEP is in favor of and they are waiting to see if the proposal is approved by the HMC. Living shorelines have been used in other areas, but this may be the first potential site in Connecticut where it is used. The Pimentels also want to add an 8’
wide gravel launch ramp for a kayak or canoe at the west end of the project.
Motion made by Steven Ross seconded by Ned Farman to approve the plan. ~Motion passed unanimously.
Steven asked Robert Sonnichsen if he could get back to the commission in a year or so to let the commission know how the living shoreline is working. Robert stated that the DEEP will require monitoring and reporting as part of their approval and agreed to report back to the HMC. Steven Ross signed the DEEP Permit Consultation Form and gave it to Robert to submit to the DEEP and Robert left the meeting.
OLD BUSINESS
Steven Ross announced that David Musto has been appointed an alternate in January 2014 and said that the HMC now has a full slate with three alternates and all the regular members.
No issues at present.
No issues at present.
- Potential Public Access Site—West bank of Lt. River and Halls Road
1. Phase 2- Foot Bridge across Lt. River (Subcommittee) - on hold
2. Phase 3- Proposed ramp application
- Status of request to DEEP for acquisition of land parcel adjacent to Lt. River site
Although the HMC has received approval with conditions to the request to the DEEP for the acquisition of this parcel, it is still waiting for the letter from the DEEP indicating the conditions of approval. Steven Ross said that he e-mailed his contact for an update and is waiting for a response.
COMMITTEE REPORTS
Steven Ross reported that he sent an email to the Governor’s office to check on the status of the appointment of the Harbor Master. They requested Harry Plaut’s contact information, so there should be a determination or more information on the status by the time of the next meeting. Steven thanked Mike Mackey for overhauling the mooring permitting process and noted that it has been quite successful. Mike gave a brief report on the status of the mooring applications.
Ned Farman provided a brief progress report on the Navigable Waterways Study. Ned reported that the HMC now has the grain size results for the Black Hall River, the Sediment Coring and Sampling collection is underway and has started the pre-application process.
- LIS Markers for OL river approaches
Steven Ross circled the beacon he thinks would be good from the information which Harry Plaut had given him and passed it around for the members to review and approve. The next step will be to purchase it and anchor it with a mooring.
NEW BUSINESS
None received this month.
- Harbor Master Job Description. Mike Magee drafted a job description for the Harbor Master and all members received a copy of the description for their review and comment. Steven Ross asked the members to review the description and come back with suggestions at the May meeting. The HMC is also discussing the possibility of having a mooring committee so that paperwork for moorings is handled by one entity and the Harbor Master coordinates with that entity. Steven suggested that the Harbor Master, Deputy Harbor Master, Treasurer and one other person be the mooring committee and the one other person would handle the paperwork. It was also discussed as to whether or not the mooring committee should be made up of HMC members or if someone outside the HMC could handle the paperwork and whether or not
that person should be monetarily compensated.
A number of years ago, Diana Atwood Johnson made a proposal to the HMC and the Town to give the Town a parcel of land on the Mile Creek River in exchange for the Tantummaheag town landing property, which abuts her property. The Tantummaheag area residents objected to losing it. Recently. An area resident wanted the landing cleared and improved signage and contacted the First Selectwoman.
Steven and ned met with Bonnie reemsnyder and discussed the situation and the requests of the resident. It was agreed that Steven Ross would inspect the site and discuss at the HMC meeting todecide if anything needs to be done there or not. Diana Atwood Johnson had already posted a sign identifying the landing as Tantummaheag Landing. This site has been removed from the DEEP’s list of coastal access sites for hand launching of watercraft due to siltation in Lord’s Cove at that end which leaves no water unless it is high tide. There is also no area to park or pull off, the area is hard to access, and there could be a public safety issue because it is an isolated site. If the neighbors want the phragmites cleared, they will have to contact DEEP, as that is in their jurisdiction and
not the Town’s. Steven said he will draft a memo to Bonnie Reemsnyder stating that the HMC discussed the status of the site and their conclusion as described above.
None received this month.
ADJOURNMENT
The meeting was adjourned at 8:55 PM.
Submitted by:
Patti Myers, Clerk
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