1998.04.15_CEB_Minutes_Special• TOWN OF HIGHLAND BEACH
CODE ENFORCEMENT BOARD
SPECIAL MEETING MINUTES
Wednesdav, April 15, 1998 9.45 A M
Chairman Harold B. Cohen called the Quarterly Meeting to order in
Commission Chambers at 9:30 A.M.
Deputy Town Clerk Jane Dillon called the roll. Present were
Chairman Cohen, Vice Chair Joseph A. Sarubbi, Secretary Jane
Rayner, Herbert J. Lewin, David Yarosh, David Goldberg and new
member Dean Luce.
Building Official Bob Dawson and Attorney Larry Gorman were
present, as well a members of the general public.
NEW BUSINESS
Citation No. 2360-98.
Raymond M. Cartade, 4220 Tranquility Drive; Block 5, Lot 5, Bel
Lido. In violation of Chapter 30 (Zoning); Sec. 5 (Supplementary
District Regulations); 5.1.a(2) Fences, Walls and Hedges; Height
Limits.
• The Deputy Clerk swore in Mr. Cartade and Mr. Dawson, who would be
testifying regarding this case.
Building Official Bob Dawson stated the citation violation, that
Mr. Cartade has not trimmed his hedge at Mr. Dawson's request, and
is here today to explain to the Board his reasons why.
Mr. Cartade presented his case as to why he has not maintained
subject hedge to the 6 foot maximum height requirement. He read a
letter into the record dated March 9, 1998 addressed to Mr. Dawson,
which is attached hereto and made a part of these minutes. Mr.
Cartade stressed privacy between the two properties, stating that
his neighbor's raised deck sits approximately 3 feet above ground
level, and if the hedge were trimmed to 6 feet, it would only offer
a 3 foot height of privacy into his yard from the deck. He stated
that the least it could be cut to would be 9 feet, offering a 6
foot privacy height from the raised deck.
Mr. Handfinger of 4226 Tranquility Drive was sworn in, and is the
neighbor issuing the complaint about the hedge. Mr. Handfinger
clarified that the raised deck was existing when both he and Mr.
Cartade purchased their homes. He stated that he has been trying
to work out a solution for five years with Mr. Cartade but no
compromise has been made as to rectifying the hedge height. Mr.
Handfinger stated that he would be satisfied if only 25 - 30 feet
of the hedge were trimmed to six feet from the seawall back, not
• its entire length to the street, in order to offer him a view of
the waterway.
• Code Enforcement Board
April 15, 1998 Page 2 of 2
Attorney Corman reminded the Board that their job was to enforce
the laws of the Town as written, and if the violator wished to
pursue his case, he could go before the Town Commission with his
case and ask to have the code amended.
Chairman Cohen closed the meeting to public comments, at which time
the Board reviewed the issues at hand. The following MOTION was
made by MR. YAROSH/MR. LEWIN:
THE CODE ENFORCEMENT BOARD ORDERS THAT RAYMOND M. CARTADE
OF 4220 TRANQUILITY DRIVE, BLOCK 5, LOT 5, BEL LIDO,
SHALL COMPLY WITH CHAPTER 30, SECTION 5.1, FENCES, WALLS
AND HEDGES; (a) HEIGHT LIMITS; (2) REQUIRED SIDE PROPERTY
LINE; SIX FEET (6 ft); WITHIN 30 DAYS (MAY 15, 1998), OR
A FINE OF $100 PER DAY WILL THEN BE IMPOSED UNTIL THE
PROBLEM IS RESOLVED.
The following rollcall vote was taken:
Dean Luce Aye
David Goldberg Aye
Herbert Lewin Aye
Jane Rayner Aye
• David Yarosh Aye
Joseph Sarubbi Aye
Harold Cohen Aye
Motion passed with a unanimous rollcall vote.
With no further business to come before the Board, MOTION to
adjourn was made by MR. SARUBBI/MR. YAROSH at 10:25 A.M.
APPROVE:
Harold B. Cohen Chairman
P
ose A. Sarubbi, Vice Chai/r
~ne Rayner, Secretary
David Yarosh
Attest : /-~-a
i =~ c
David Goldberg
~-Cy~" i
Dean.Luce
Herbert J.ILewin
Date . ~~ ~._j ~~