The Norwalk Harbor Management Commission voted to find a retroactive seawall-and-dock application consistent with the harbor management plan, but only after attaching several conditions requiring state and federal approvals and local safeguards.

Commissioners heard an application presented by a LandTech representative on behalf of property owner Peter Cotting for retention of a seawall built in 2020, and for a 12-by-4-foot pier, 37-foot ramp and associated floats. Dr. Pinto, who introduced the item during the application review, said the seawall was constructed slightly deeper than originally approved and that the applicant is now seeking after-the-fact permitting.

Why it matters: The commission generally discourages retroactive permits, but members said this case presented extenuating circumstances and that protections are needed to avoid adverse impacts to Charles Creek and navigation.

During the presentation, the LandTech representative said the project team has submitted state and local applications and that the DEP review was at signature stage. The representative described the as-built wall as deeper than the approved elevation because the contractor relied on boulder materials and varied footing; he also said the state CAM (coastal area management) application and DEP packet had been transmitted for approval.

Commissioners recommended and conditioned approval on several items: obtaining any required DEP and U.S. Army Corps permits before construction proceeds; scheduling in-water work in winter months to limit ecological disturbance; using best management practices for pile installation to reduce turbidity; coordinating barges and work-vessel placement with the harbor master; demonstrating stormwater controls to prevent construction runoff into Charles Creek; and providing proof of neighbor notification.

Dr. Pinto moved the finding of consistency with those conditions; Laurie seconded and commissioners voted to carry the motion.

The commission also discussed an unrelated but connected matter: a DEP informational hearing for a proposed project at 80 Seaview Avenue scheduled the following day, with written comments due Dec. 23. Commissioners instructed staff to circulate a draft comment letter and to emphasize conflicts between the proposed project and the harbor management plan. Dr. Pinto cited a broader concern about recent changes in the DEP public hearing process and referenced Public Act 2584 and a recent Greenwich court decision that limited local commission authority over state-reviewed applications; he said the commission would press DEP for clearer explanations when state decisions differ from the locally adopted plan.

What’s next: The applicant must secure DEP and Army Corps approvals and satisfy the commission’s conditions before work begins. The commission will circulate and finalize a comment letter for the DEC hearing on 80 Seaview Avenue and submit it by the stated deadline.