Norwalk residents say DEEP, Army Corps approved 30 South Beach dock without Harbor Commission input

A Norwalk resident raised concerns at the Jan. 22 meeting of the Norwalk Harbor Management Commission that a dock registration for 30 South Beach was approved by state and federal agencies without review by the Harbor Commission.

"I'm calling about the 30 South Beach Dock that was taken off the agenda because it was approved at deep. I'm trying to understand how that happened without any input from the harbor commission," said Michael Madigan, identifying himself as living at 32 South Beach Drive.

Commissioners told Madigan the filing submitted to the Connecticut Department of Energy and Environmental Protection (DEEP) was a registration under the agency's general permit for certain docks (a so-called ‘‘4-40’’ dock registration), not a full permit application, and that DEEP may process such registrations quickly. Commissioner Jeff Mangels said the Commission met earlier the same day with DEEP staffer Sue Jacobson to discuss the application and public comment.

Mangels said the Commission had received the registration after its October meeting and had intended to take it up at a later meeting but had not asked DEEP to delay processing. "We should have contacted DEEP and said, 'please, we can't put it on the agenda for tonight — we'll put it on next week or next month,'" Mangels said, describing the Commission's plans to change how it handles such filings.

Commissioners told the resident the Harbor Commission raised concerns with DEEP about an apparent extension of the littoral property line and potential encroachment into a neighbor's littoral area; they said DEEP determined the registration would not interfere with neighbors' use but acknowledged that the Commission wished DEEP had sought clearer confirmation from neighboring property owners.

Meeting participants also reported the U.S. Army Corps of Engineers issued a letter that same day. The Commission read an Army Corps project file number provided at the meeting as NAE2220242024-02462 and said the Corps had sent notice to a Douglas Brody at 30 South Beach Drive. The Commission offered to provide residents contact information for DEEP staff; the phone number and email given during the meeting were (860) 424-3693 and an email recorded in the meeting transcript as susan[junk]jacobson@ct.gov (as spoken on the record). The Commission advised residents that, under the registration process, there is no formal public-hearing requirement but that neighbors could raise objections with DEEP or request the agency review the matter further.

Commissioners said they would change their internal process so that when registrations or applications that might affect harbor use are received, they would notify DEEP immediately and request an administrative delay, if needed, so the Commission and affected neighbors can review materials before DEEP acts.

The discussion was recorded during the public-participation portion of the Jan. 22 meeting and followed by staff and Commission comments; no vote or formal action by the Harbor Commission was recorded on the 30 South Beach registration during the meeting.

Ending — The resident who raised the concern said the information and contacts were helpful. Commissioners said they plan to follow up with DEEP and to adjust their intake and notification procedures so similar situations are handled differently in the future.