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2007.05.23_TC_Minutes_Special TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING SPECIAL EXCEPTION PUBLIC HEARING Wednesday, May 23, 2007 7:00 P. M. Mayor Harold R. Hagelmann called the Special Exception Public Hearing to order in Commission Chambers at 7:00 P. M. CALL TO ORDER: Roll Call : Members present: Mayor Harold R. Hagelmann; Vice Mayor Joseph J. Asselta; Commissioner Miriam S. Zwick; Commissioner Jim Newill, CPA; and Commissioner Doris M. Trinley. Also present: Town Attorney Thomas E. Sliney; Town Manager Dale S. Sugerman; Town Clerk Beverly M. Brown and members of the public. Pledge of Allegiance: The Pledge of Allegiance was stated. 1. TOWN ATTORNEY SLINEY Town Clerk Brown stated that the required legal notice was published on May 11, 2007 and will be made a part of the official record. In addition, certified letters were mailed to all property owners within 1,000 feet of the affected property. Chairman Leonard Townsend of the Planning Commission had previously advised in writing that at the February 28, 2007 Special Meeting the Planning Board?s recommendation to the Town Commission was to NOT APPROVE the applicant?s request for: 1) Installation of a 12,000 lb., four post boat lift for property located at 1107 Russell Drive #A, Lot 17, Owner ? Joseph P. Cory, Applicant ? Boca Dock and Seawall; and 2) Installation of a 12,000 lb., four post boat lift for property located at 1107 Russell Drive #B, Lot 17, Owner ? Francis J. Ciccarone, Applicant ? Boca Dock and Seawall. Both applications state that the boat lifts will be installed at an angle of approximately 70 degrees in the canal to the subject property?s rear property lines. Code ? Section 30.38 G (7) ? Perpendicular docking ? Unless otherwise provided herein, boats shall not be moored or docked perpendicular to the property at which they are located. Town Commission Special Exception Public Hearing May 23, 2007 Page 2 of 6 Section 30.36 ? Special exceptions of the Town of Highland Beach Code of Ordinances states: ?The town commission shall be the final authority to grant a development order application for special exception approval. The town commission, following an advisory recommendation by the planning board, may approve, approve with conditions, or deny a request for special exception approval.? Section 30.36 (d) ? Town commission public hearing ? After receiving the planning board?s recommendation, the town commission shall hold a public hearing on the application for special exception approval. (1) ? At the public hearing, any party may appear in person, or be represented by an agent or attorney. Unless the Commission has any further questions, I would recommend opening the Public Hearing. 2. PUBLIC HEARING Ken Wells ? Boca Dock and Seawall Representing the property owners ? Joseph P. Cory and Francis J. Ciccarone. Application is to install the boat lifts at a 70 degree perpendicular angle, which will make them less visible to the adjacent home owners. Lifts are machines and they are not attractive. They will have a low profile as their intent is to pick the whole boat out of the water, which reduces the long term maintenance. The lifts will not be higher than the pilings and are less unsightly than dolphin pilings. Vice Mayor Asselta ? How far from the seawall will the pilings be installed? Reply ? The pilings will be installed about 30 feet. Vice Mayor Asselta ? Will they be a hazard to other boaters? Reply ? They will be outside the navigable channel. Each property owner can extend out one third of the channel, leaving one third the navigable channel. Installing the pilings perpendicular will be an aide to the boaters, and make it easier to maneuver on the lift. Bob Dawson ? Town Building Official Drew a sketch on the board explaining what the applicant is attempting to install, and further stating that when the boats are docked the stern will be facing the Intracoastal Water Way and the bow will be towards the seawall. This is the widest canal in the Town at 157 feet. One third of it is navigable, which is over 50 feet. Comm. Trinley ? What is the length of the boat? Official Dawson ? They are applying to install the lift perpendicular to the wall, the boat can only be so many feet. Vice Mayor Asselta ? Can we limit the size of the boat? Official Dawson ? The rules of the water will apply. Greg Nordheim ? 1103 Russell Drive ? Retired Marine Officer ? no one can dock a boat that will impede the navigation of another boat. Due to the size of the canal, even if the boats are docked perpendicular; they cannot be longer than 52 feet. Support the request. We all trespass on someone else?s property while parallel docking. By perpendicular docking you would not be endangering anyone?s property and is a safety factor during storm. All high end properties have perpendicular docking, and it is an aide to the Town Commission Special Exception Public Hearing May 23, 2007 Page 3 of 6 boating community. Vice Mayor Asselta ? What would happen if we had sudden high winds. Reply ? There would be far less damage to the boat. While parking horizontal, you can only tie boat down on one side. Parking perpendicular ? the boat is tied on two sides. Vice Mayor Asselta ? Which way would a boat more likely break loose? Reply ? While parallel parked. If it was parked perpendicular, it would be tied on two sides and would have to take the pilings with it. Jim (Last name unclear) ? Opposed to application, will be robbing our view of the canal and enjoyment. Bill Weinsten ? Camino Cove ? Concerned that if the Commission over rules the Planning Board, you will be opening up a can of worms. What will stop everyone else from requesting a special exception. We have a 150 foot canal, you will be changing it to a 50 foot canal. By putting in the boat lifts on a perpendicular angle, the boats will be out of the water 6 to 12 feet. It will look like a commercial facility. Mayor Hagelmann ? Do you own a boat? Reply ? Yes. Damage during the storms was from flying objects. Most of the boats were tied together. This is the widest most beautiful canal in Highland Beach. Do not open it up to a battle over the size of boats. Mayor Hagelmann ? Bob how many applications for boat lifts have we had over the past year? Official Dawson ? Less than half a dozen. Comm. Trinley ? How much frontage do these applicants own? Reply ? 100 feet of property. Sean O?Day ? 1024 Bel Air Dr. ? President of 1024/1028 Bel Air Dr Homeowners Association ? Mr. Weinstein, while speaking against perpendicular docking, already has perpendicular docking with his boat. Request that the decision made by this Board be applicable to all the other residents on this canal. Ron Perel ? Dock Master in Boca Cove ? reside ? 1111B Russell Drive ? In favor of putting piles in perpendicular. Boats get knocked into the seawalls continually from the wind. Ability to have pilings installed perpendicular would be a safety factor, would eliminate damage to both the docks and the boats. When considering this application, please consider the safety of the residents of the community. Gerry Marshall ? 1088 Bel Lido Drive ? Worked with Town Commission in promulgating this Code. Town spent money to guide us through setting the standards. Boats now selling at boat shows are well over 55 feet. No place to navigate a 50 or 60 foot boat in that cove. Part of the Code also addresses boat rentals. Someone needs to start taking control over the docks being leased in this canal. Kathy Vonrospeunt ? Camino Cove ? Today we have approximately 20 boats in the cove. You cannot make an exception for one. At the end of the cove, the docks are perpendicular. You cannot allow some to be perpendicular and some parallel. There is a problem with rental of docks in Camino Cove. This is a beautiful community, not a marina. Town Commission Special Exception Public Hearing May 23, 2007 Page 4 of 6 Dave Benedict ? 1024 Bel Air Drive ? Back to the safety issue. Mr. Weinstein has the largest boat in the canal and it is parked perpendicular at the end of the cove. When he comes down the cove, he never slows down and leaves a huge wake which knocks our boats all around. If our pilings were perpendicular, it would save the damage to our boats. No one wants it to turn into a marina, but just protect what we have. Lou Stern ? Vice Chair of Planning Board and resident of 1115 Russell Drive ? The Planning Board had four or five meetings on this application and received a lot of information. We also had an onsite inspection. The final vote was 5-1 to deny. The vote in favor of the application was for safety purposes. I did not vote due to a potential conflict of interest. Dolores Gardella ? 1106 Bel Air Drive ? Have been a resident of Highland Beach for twenty seven years, and have already forwarded a lot of paperwork to the Commission against the application. My biggest complaint, is that these people think that their boats are more important than the people who live along the canal. Lifts are machinery, smell and will contaminate the water. People often come into the cove and turn their boats around. The people who want to put these docks in are not single family home owners. The biggest boat in the canal already encroaches on a number of other individual?s property. This will destroy the beauty of the canal. Joan Spadafino Phelps ? Representing my Mother ? Sadie. Echo sentiments of Mrs. Gardella and others who do not think this is a good thing. The canal is so beautiful, the value of the homes depends on the view. The view will become a commercial eyesore. No one has talked about emergency landing if they had to get their units in a case of emergency. Or, how about a barge coming down the canal to do work on the sea walls? Sid Vonrospennt ? 4502 S. Ocean Blvd. ? Feel incorrect information has been given by the contractor and property owner. There are a number of tri-plexes and four- plexes in this canal. People are spending over a million dollars on a home and want the availability of walking out their door to get to their boat. Do not need to have perpendicular docking because the lots are too small. You will be creating another Isle of Venice. Do not grant the exception, it has nothing to do with safety. Vince Collins ? President of Shamrock Condo- 1011 & 1015 Russell Drive Have lived on this canal in Highland Beach since 1983, and agree that it is a beautiful canal. Feel the Commission is faced with making a compromise. The canal is beautiful, but perpendicular docking has become very common. How can you deny this application when their already is perpendicular docking at the end of the canal? Joseph Cory ? Property Owner ? Apologize to anyone disconcerted over this application. Feel this is a safety issue. Started this whole process over 6 years ago. Have been boating for over 70 years with many years experience. Boat lift is for safety, not attractive, but will not pollute and is not dirty. I will consider removing the Town Commission Special Exception Public Hearing May 23, 2007 Page 5 of 6 boat lift from the application if the perpendicular docking is approved. There is more than adequate room for navigation with perpendicular docks in this canal. Also President of Highland Home Owners Association ? There are six docks within 200 feet at the end of the canal. Do not know where they are coming from stating that denying these two docks will increase the value of their homes, especially since some of these homes still do not have shingles since Wilma. Progress is practical. We are talking about the Bel Air and Russell Drive canal, not Bel Lido. Graham Guthrie ? 4500 SR A1A - If safety is the factor, why have perpendicular docking? Why not just put in 4 dolphins? Aesthetic view ? cannot argue that it will not affect. Size of boats ? if 2/3?s of the canal can be filled with boats, a boat can either go in or out, how would it turn around? In addition, I often see dock rentals advertised for Highland Beach. Kim Nordheim ? 1103 Russell Drive ? Reviewed the code and comp plan today. In both these documents it states that you can approve the application with conditions, or deny it. The Planning Board did not consider the docking issue and lift together. Everything you have heard supports the perpendicular docking issue. The only people speaking against it have been residents of Camino Cove who already have perpendicular docking. Parallel docking creates a safety hazard. You cannot parallel park a 22 foot boat at a 35 foot seawall without trespassing on someone else?s property. You are not going to increase density by allowing boats to be parked perpendicular. COMMISSION DISCUSSION : Commissioner Trinley ? Thinking ? ?let buyer beware.? If you only have a certain amount of frontage on the canal, why buy a big boat. Commissioner Zwick ? No comments. Commissioner Newill ? No comments. Vice Mayor Asselta ? No comments. Attorney Sliney ? You have three options: 1) Uphold the decision by the Planning Board; 2) Deny the application and make different findings; or 3) Separate the boat lift and perpendicular docking issue and vote on each item separately. MOTION: Commissioner Newill moved to support the decision made by the Planning Board, seconded by Commissioner Zwick. No discussion. Attorney Sliney ? A favorable vote would be Yes; unfavorable ? No. Town Commission Special Exception Public Hearing May 23, 2007 Page 6 of 6 ROLL CALL : Comm. Newill - Yes Comm. Zwick ? Yes Comm. Trinley - Yes Vice Mayor Asselta ? Yes Mayor Hagelmann ? Yes. MOTION CARRIED UNANIMOUSLY 3.ADJOURNMENT There being no further business to come before the Commission. Mayor MOTION Hagelmann adjourned the Workshop at 8:45 P.M. upon a by Commissioner Newill seconded by Commissioner Trinley. APPROVE: __________________________________________ Harold R. Hagelmann __________________________________________ Joseph J. Asselta, Vice Mayor __________________________________________ Miriam S. Zwick, Commissioner __________________________________________ Jim Newill, CPA, Commissioner _________________________________________ Attest: Doris M. Trinley, Commissioner _________________________ Date: ____________________