Loading...
1990.04.11_PB_Minutes_Regular (3)TOWN OF HIGHLAND BEACH • PLANNING BOARD PUBLIC HEARING - MINUTES • • Wednesday, April 11, 1990 9:55 A.M. Chairman John E. Ward called this Public Hearing to order in Commission Chambers at 9:55 A.M. As this meeting immediately followed a Regular Meeting of the Board, a roll call was not taken. However, those present were Chairman Ward, Vice Chairman A.M. Fox, Jr., Regular Members Amelie Leng and Arthur R. Keller, and Alternate Members Arthur J. Kiefer and Abraham Futernick. Regular Member Helene Harris was absent. Also present were Building Official Harry Heithaus, Town Attorney David K. Friedman, Recording Secretary Doris Trinley and members of the general public. Chairman Ward stated that the purpose of this Public Hearing was to re- ceive and consider comments from the public regarding a request for dolphins submitted by Gary Gordon for duplex property located at 1125 Bel Air Drive, Lot 11, Block 1, Bel Lido. Before inviting Mr. Gordon to address the Board, Chairman Ward read into the record several letters that had been received in response to Mr. Gordon's required notification of this Public Hearing to owners of properties within 1000' of his. All the correspondents objected to the installation of dolphins in the canal abutting the Gordon property, citing safety factors, the appearance of a commercial enterprise, over- crowding in the canal and obstruction of navigation on the canal. Mr. Gordon then identified himself and stated that he did not realize opposition to his request would be so great, since he had in mind only two 24'-26' boats to be accommodated. He also said that the canal width involved is approximately 101', which the Building Official veri- fied, saying he had measured it himself. Mr. Keller asked for clari- fication of this statement and Mr. Ward read that portion of the Code pertaining to Mr. Gordon's remark into the proceedings, i.e., "...No dolphins or freestanding moorings shall be permitted unless specifical- ly approved by the Planning Board after a Public Hearing has been duly held. These will only be approved in canals eighty (80) feet or more in width, of approved type, and only where they will not create a haz- ardous interference with navigation." [Chapter 30, page 30-17 (d)(1)]. At this point, Mr. Gordon submitted proof of mailings to the Recording Secretary and presented pictures of various dolphins, moorings and docks situated in the general area of his property. Planning Board • Public Hearing - Minutes April 11, 1990 Page 2 of 3 In response to Attorney Friedman's question, Mr. Gordon said that his , lot was 60' wide. Mrs. Leng then asked what would happen should all or part of the duplex be sold and new owners wanted a larger boat than 26'. Mr. Gordon replied that he would be willing to sign a stipulation as to size. He also said that he would be willing to compromise as to how far out into the canal the dolphins would be placed, saying perhaps he would not need a full 25'. When asked by Mr. Fox why he could not consider parallel parking, Mr. Gordon said that a boat on neighboring property encroaches on his and his efforts to get the boat's owner to move it had been futile. Mrs. Leng referred to safety factors and requested that Mr. Gordon con- tact the Coast Guard to get their opinion on this installation. Chairman Ward then invited public comments. James Donovan of 1106 Bel Air Drive stated that he was opposed to this request as it was his opinion that it would be hazardous to navigation. He also referred to dock space rentals for boats up to 50' and objected to "turning the area into a marina." Edward DeJoseph, 1121 Bel Air Drive, stated that he owned the 42' boat • that Mr. Gordon said was encroaching on his property; he also said he had moved it once and would move it again if necessary. Mr. DeJoseph made note of the fact that only one (1) letter advising of this Public Hearing was received by seven (7) unit owners and felt all should have been advised individually. Referring to Mr. Gordon's lot as "pie - shaped," he said that with dolphins installed it would be difficult for him to turn his own boat out. After noting that Mr. Gordon was a de- veloper and that possibly this property was for sale, he concluded his remarks by voicing his opposition the request. Gerry Marshall, President of the Bel Lido Property Owners Association, addressed the Board, stating that he was against the request as the in- stallation of dolphins in that area would not be aesthetically pleasing and would create dangerous conditions as well. Mr. Marshall also stated that he felt dolphins were more suited to Intracoastal installa- tion because of wakes, but were not necessary in a canal. Michael Dent, a past resident of Bel Lido, who now resides at 3450 S. Ocean Blvd., (Casuarina) stated that he did not think the plan sub- mitted by Mr. Gordon was sufficient. He suggested a new one showing adjacent properties, including that directly across from Mr. Gordon (Dorson). Chairman Ward asked the Building Official his opinion of the drawing and Mr. Heithaus replied that using the proper scale ruler, it could be determined that 1/8" dimensions employed for the drawing equaled 11and that this was noted on the drawing. Mrs. Leng asked Mr. Gordon if he felt differently about the request for dolphins after hearing the complaints of his neighbors. He answered Planning Board • Public Hearing - Minutes April 11, 1990 Page 3 of 3 that he did not think he was trying to get in anyone's way. Further, he said that as far as his property being for sale was concerned, he felt that real estate in Florida was always for sale for the right price. However, he said that this property had been built for his family and both units are worth in excess of $1 million. In response to Mr. Keller's question about the Dorson property directly across from his, Mr. Gordon replied that a dock already exists on the property and referred to the pictures he had previously shown the mem- bers. Mr. Keller then questioned whether it would be possible for Mr. Gordon to parallel park the boats using whips. Mr. Gordon said this probably could be done, except for the encroachment problem which exists with the 42' boat on the DeJoseph property. After some further discussion, a MOTION was made by Mrs. Leng/Mr. Fox that the Board take this request under advisement, making a physical review of the property and getting outside advice from the Coast Guard, or like authority. The MOTION carried unanimously. Mr. Friedman then referred to Mr. DeJoseph's remark about one (1) noti- fication being given to seven (7) unit owners regarding today's Public Hearing, saying it was permissible to do this when multiple dwellings • were involved, preferably addressing the President of the Association. Upon MOTION by Mr. Fox/Mr. Kiefer, adjournment was called at 10:40 AM. APPROVE • John/ Ward, Chairman A.M. Fox, Jr., Vice Chairman A e,l i e Leng Arthur R. Keller Arthur J. f 6 r ATTEST: • DATE: ��✓