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2007.02.28_PB_Minutes_Special TOWN OF HIGHLAND BEACH • PLANNING BOARD SPECIAL MEETING Wednesday February 28, 2007 9:30 a.m. Chairman Leonard O. Townsend called the Regular Meeting to order in Commission Chambers at 9:30 a.m. Present were Chair Townsend, Louis Stern, Victor Hadeed, Marie Marchesani and Patricia Pembroke. Ken Tapman was absent. Also present was Town Attorney Tom Sliney and Building Official Bob Dawson. OLD BUSINESS PRELIMINARY REVIEW FOR 12,000 LB., FOUR POST BOAT LIFTS FOR TWO PROPERTIES LOCATED AT 1107 RUSSELL DRIVE #A & #B, LOT 17. OWNERS: JOSEPH P. CORY (#A) AND FRANCIS J. CICCARONE (#B) APPLICANT: BOCA DOCK & SEAWALL. These applications were previously considered by the Planning Board at its November 8, 2006 Regular Meeting, its December 13, 2006 Workshop Meeting and its February 14, 2007 Public Hearing Meeting, with respect to weather the applications. should be considered using provisions of the code addressing parallel or perpendicular conditions. At the November 8 meeting, Attorney Larry Corman opined that the application should • be considered using perpendicular docking provisions. The Board will provide an advisory recommendation for consideration by the Town Commission who will consider the two applications as a special exception. At the February 14, 2007 meeting, the Board requested a site visit to personally view the property, which will be conducted at this time. The Board recessed at 9:44 a.m. to conduct subject site visit. The Board reconvened at 10:23 a.m. for consideration of the two subject applications. Chair Townsend noted that the site visit included visitation to the sites and walked along the canal to see first hand the existing condition of the canal and boats which are docked perpendicular at the end. Also noted there were no examples of a four post boat lift, but it would be similar to a series of posts east of Mr. Cory's property. Chair read letter from Dolores V. Gardella into the record (attached hereto and made a part of these minutes). Chair also received a letter dated Feb 23 from Sadi Spadafina (attached hereto and made a part of these minutes.) Public Participation Recording Secretary swore in all who would be testifying. Joseph Cory: Believes residents entitled to riparian rights -have access beyond seawall to do something within a certain amount of space beyond seawall. Mr. Sliney noted that the Town has jurisdiction over canals which is why the Town is trying to decide if it • should allow perpendicular or keep parallel docking. Planning Board • February 28, 2007 Page 2 of 4 Kathleen Eibl - 4201 S. Ocean: submitted petition showing 8 disapproval signatures from Camino Cove residents. She also submitted two letters of disapproval. (all attached). (unknown)- spoke about anchoring a boat to the center of the canal and tying it off to both sides of the canal during a hurricane. The aesthetic appearance of lifts is unattractive. Boat needs to be lifted out 2-3 feet, plus the height of the boat -boat is up 7124 and down only when it is going to be used. Phil Weinstein 4504 S. Ocean Drive, Camino Cove -there is enough room to place all boats in the middle of the canal. Boats up on lifts block views and is aesthetic unpleasing. Chair Townsend noted that one of the arguments going to perpendicular is that there is not enough lineal footage along canal to more all the boats, so if all were put in the middle of the canal, there wouldn't be enough room. Debbie Weinberg, .1117 Russell Dr. -purchased townhouse for beauty of canal and views. If there were lifts there prior to purchasing, she would not have done so. Kimberly Dawson -noted perpendicular docking is allowed at the end of the canals and • 50 feet in from the end. Perpendicular docking will not block views, but putting up on lifts will. Mr. Cory commented that if every property owner had a boat, there would not be enough room for parallel docking. Also bringing boats to center of canal and tying off is very difficult, and infringing on others properties because of the need to use their docks. Ken Wells noted that tying off in the center of the canal, would take at least 4-6 lines and is really physically impossible to do. He also noted that sometimes the lines can pull a dock into the waterway. Chair Townsend noted a letter from John J. Youle against application. A letter from Graham Guthrie who is also against application. (both letters attached hereto and made a part of these minutes.) Chair Townsend asked for a motion to either recommend approval, recommend approval with conditions or recommend disapproval for the applications. The following MOTION was made by MRS. PEMBROKE/MRS. MARCHESANI: THE PLANNING BOARD RECOMMENDS TO THE TOWN COMMISSION NOT TO APPROVE THE APPLICATION FOR THE 12,000 LB., .FOUR • POST BOAT LIFTS FOR TWO PROPERTIES LOCATED AT 1107 r Planning Board February 28. 2007 Page 3 of 4 RUSSELL DRIVE, LOT 17, #A, OWNER: JOSEPH P. CORY AND #B, OWNER FRANCIS J. CICCARONE. APPLICANT FOR BOTH: BOCA DOCK & SEAWALL. Upon discussion it was noted that the lifts are ugly, and the area is a beautiful area and can understand why the residents want to protect. However, mooring boats at a 75 degree angle, access can be made to the boats with heard testimony, some homeowners- may be inconvenienced, so maybe say its a safety issue, but ugly, and perhaps something .could be done as planting trees to obscure view of lifts. The following MOTION and ROLLCALL VOTE was taken to NOT RECOMMEND approval of the following application: THE PLANNING BOARD RECOMMENDS TO THE TOWN COMMISSION NOT TO APPROVE THE APPLICATION FOR THE 12,000 LB., FOUR POST BOAT LIFT FOR PROPERTY LOCATED AT 1107 RUSSELL DRIVE, LOT 17, #A, OWNER: JOSEPH P. CORY. APPLICANT: BOCA DOCK & SEAWALL. Mr. Stern • Mrs. Pembroke Mrs. Marchesani Mr. Hadeed Mr. Townsend yes yes yes Motion carried 4/1 yes no THE PLANNING BOARD RECOMMENDS TO THE TOWN COMMISSION NOT TO APPROVE THE APPLICATION FOR THE 12,000 LB., FOUR POST BOAT LIFTS FOR PROPERTY LOCATED AT 1107 RUSSELL DRIVE, LOT 17, #B, OWNER FRANCIS J. CICCARONE. APPLICANT: BOCA DOCK & SEAWALL. Mrs. Pembroke yes Mrs. marchesani yes Mr. Hadeed yes Motion carried 4/1 Mr. Stern yes Mr. Townsend no A transmittal letter will be forwarded to the Town Commission noting the Planning Boards recommendations. Discussion of the Byrd Beach Estates matter was discussed, with a possible date of Friday, April 27 scheduled. Recording secretary will be in contact with members to • determine a definite date. Planning Board • February 28, 2007 Page 4 of 4 With no further business to come before the Board, MOTION to adjourn was made by MR. TOWNSEND/MR. HADEED at 11:30 A.M. APPROVE: Leonard O. Townsend, Ch Victor P. Hadeed Louis P. Stern Patricia A. Pembroke Ken Tapman Marie Marchesani ~~ Open Attest: ~ ! ~ ate: ~/ _1 J C. b~~L.~.'Lbb! 1l:17L bbl.j'~44b11 ~'el~ruary 23, 20(}7 Tczwn of Higlzla.ncl [~cach Plaz~naza.~ [3aaxd. C'oti~m.ittec PAGE 81 Att3a_ M.r, `t'ain~nsend, ~"haitmau, :N[eil., Mr. l~adc~.c.[, Mr. `4.er3a, Miss Pe:z~bake f1!ir. 'f'aprrtan., Miss Marchcsant, Mr. ~;liney [l.c: A.pplicatiox3 Far L~oat l:i.fts Tear A![r, 'k'czw~rsend astd [~lanrzit>:~ Board Metxtbcrs~ 1. a3•n addresshls; the applicatioza fear beat lifts Whicl3 was discussed at the l';ehruary l 4, 2()07 znreting. 1: would li:fee to re~istk~r several. cc>t~e.crr-s t:e[;arditag the ec?zlse:cluet3e:es of appravin~ this applicatian. The first. conccrtl i:s aes#:hetics. l~aaters have ate expressian, "[-Ti~h.lancl. Aeael~ is a boater's paradise". The meann.~ of 1:he, ward. ".karadise'" >r~car3s perfection.. Why da they Want. to destroy a lx;auti:tul carra.l :Ei'it's perfect? '7'b.e canals were crc~•atcd :faz• evcry'ane to e:njay, not just far beaters. l~3oatet:s have the privilege to use i.t, 3tot t~ ,destroy-the beauty it affers• TYte .resi.det~ts a.1: the meeting Were ail. heaters atxd ixz favor of the a[a[xli~atian.~ [can. clearly see Wh.~:re this r~vill lead to M "a polluted corral. tutr3.ecl into a pczll:uted txxaritta". 'l~he boaters zaaentioncd hurrica3aes. There .has t:3evcx 1•recn cane boat: lost iz~ our cereal.. lt: was very convenient {cir boaters tc~ say their heats ~vve;re cia3~zageci. 1. have never heard of one boat that. has • horn daz~'taged itt our car3ak. 1 Dave been liv:iz~zs~ t7. T.-ki.~];~Ia~:d..[icacl'a for 29 years a3ad have been. quite a.ctivc itt the camrrtur~i8.y far f-i_fteett years. ~J:nfartunately, I had a xzumlaer of aperatiarts wla.icla left n•3e disa[aled. 1 ern. l~om.ebau.3ad and the atzly p:keasure f. ~?et is to sit ot~ the parch with. zny beaks quasi lank at the: beaxxt:iful ca3aal fczr k3.:ki:ttlc e.njc?yrnent. Boaters aren't the ataly people Who should ea~lsay li:vittl; czx3 a cax3al, espeClakly Whext they Want to t:alie the plcasuxc away :fa-azn other restdetrts. boaters Wataf: the luxury at the c;i>st e~f atherS..l1.tl these t~za.sighily ohst:ac~les ita c.artals dc~ zaot i~~c:re:~se t:~3~._ti7a.l.ue c>:f_yc~ut~haan.e,_, The value: is izi repair:inl; dac~:s, }?a:intiza[~ the exterior of y<zur l~czu5~, a:reatirzl; t~eaatifial l.andscapin~, a31d rrzaitatai3aitag abeautiful, expansive water vie~xi, It seems that the lwaters want mare space for tk3ei.r boats tlaa3a tl~.eir awn property permits by para.ll.el dockage ar-d they also Want tc, lower. their €,wn ma.intena#ace:. fees fc~r their heats by ttsittg li:ft:s. 'l~laey seem to be very .happy to sacrifice the heau.ty azad views aftlae cazya.l fc~r everyone else. - aaa extre3ne:ly selfish ta~ative at hest! F~.not.h~r cansaern 3s'`aCCC:sS"..ln the event sxf att. etaaergency, if all the baa#;ers' boats are docked. in. a perpendi.ctt:lar fashion out in to tlac canal.. it •wcaul_d. be dif~cul.t. to irrtpossible to get: quick access to lh.e dwellings fa.citag this canal. ~.dditis>nally, tlacrs~ leave been titres that a baxl;e..had. to cazaae #.a iza:stall pil.i:rlgs for a house atzd also t:a repai.r scaWalls. !~ barge Wau.ld na#. be able to tutee in our canal. I knave this because .1 needed tcz ha~Te pi.liza,~s i3astallyd fezr. zny house. The barge Wa.s I42' Lang anal la.ad c133:i.te a. bit af_ strttggkin~; to turn. a:raund tea face tlae .in.tercaastal waterway. f txtagine if obstacles Wersy in tlae way, lulane:uveriza~; bctat:s, iza general, undex tlac prs>ps?scd conditions LJ qL~ L~-'/ LgCJ! 1 !: GL Db1 J7440LL PAGE 02 "Town of l-~li~;hlan.d t~cach Yl.anning T3oard. (~;czznrnittc;c • !-~.ttn: Mr: ".l`o~~zascrad> C':t~.airnaan, i~4:r..i.3e1.1, ~~!lr. Iiadc ccl.,lvlr, Stern, Miss Pcnboke I~!Ir. 'I'apnzan, Miss Marclzesaz~.i., Ma'. Sliney Rc: flpplication E'or T3oat T..ifts Pale 2 w®ulc# lie much rr~ore di:F~'i.cutt and. dan.gercx~as,. ~ioss:hly~ ca~sira~; the daanz3~;e our boaters wexe afraid of, A third ccznc:enx i5 that al:l t•esidetats of c7ur com~.nuni.t~,~ ~rere trot givexz t:h~ }~ropcr (os~ perhaps atxy) noti~ca.tiozl about this appl:ication_ ~E'hese ;resiclez~ls ove;rlc~ok oizr canals az~d have th.e rift to know what is ling requested. atn nQt a~n7are of the :axles and. policies ~c>uc~nitx~ these waters. l~lav~rcver, I did. leans thai:l;he city o!'Nnrth Miami h.as a "sat-back" .n~l.e :lc.~r boat l:ifis encl. iollovas the "D-5 '.l'tia,nl;le" requ.irezncnt 'For goat l..ii'ts. Teo we, in l~a.h~z I3cacin. ~:'.c.~urzl:y, also .follow these rc.gui:rcrnents a.ncl. if so, are these boaters telling witl~iix the luidelitxes ol't:lxese~: requireznenf.s? ~ J:eel this issue needs much mare re;searcl~ and cons%deration before snaking aa:ty decisio~as. Pinal.ly, F would like to appeal to the l3rrarci'S zxr-derstandi.~ag and concez-zs :Eo.r each .reside~.t.'s quality of life: az~d ezivix•ontz~.ezzt. 1 live: alcins;, c;a~a~~crt gr~ any-wl}ez•e for fitn ox enjoy~ncnt. I~!ly canly pleasure is lcsok.ing at, tlle; clean canal. wi.thc~ui: cibstruc~:ia~ns. IVIy view and. the view of others wi]I be grc;a;tly 2~bstxu-cted with t~nsigl~t;ly ~.;tru.ctxsrc;s anal car~~xzp:mer~t..My ou:ty pleasure w€1.1 be tak:e~~ away from me with. boats lifted in tnid air }aract.icall.y :lax tl~e rzliddle of the canal, oz~, pilings, davits, posts, a.nd cranes, l would. apl~rcc.iatc the ctxznmitl:ce givi:r~tg this issue seriotas c;onside;rai.ion to protect they canals of l-litl~land fieach. Sincurc~ly~; •,` ,., r .,._____`, x..413->_~{~-.<_.. ,~.....,_, Sadie Spa.dafna. ~,i ,. l 1 {)S l^~A15SC1.1 .tJPr. l~zghlazad Tieacll C7 ~ ~ ~Z2R°~ - / G47.QilZCPi - ~LGLEC:~IlhllG ~ed~it • ~ ~//u~.~¢~ Uiec~ ~~Oad 1106 ~e~ ~ ~2iive ~-~`J ~r .~o u~vt e \\ 1 g ~ d a. l C~.v~ ~vt o o.r~ . S ~' `~' ~ se'c' ~ vtC, ~e.: e ~ • 2.l oZ!`~C~ ~ A ~. ~3 ~. ~ ~' ~ ~ a vt ~e ~.. deb. ~ ~ ~ o o ~ 1 t ~ o,~~ 1~ o ~"e ~v l v~~T'i ~[yv-~ < 1 ~ c~ ~ ~` Q,~C i ~ oVt\ ~VI. caSP ~o e.~ ~J N \, ~oo~'a c~~e -~o ~ ~o c~~ g , '~ e~ ~ c uS '~ eY ~e~rcc~, t c u ~ e~~C- Y' i Vt ~D ~ 'r? 5 d e ~ ~ee ~ ~ TCn ~ ~ ~. o~n C.re a ~ ~ ~ ®~.~-s c~a ~ ~` - \ C1 U-.Ul cti~ rd~ g i L- e S ~ `7 i ~ ~ e~.~ ~`~'' ~(` ~ ~ T S O -E' ~~ o C~~~oS e vt o~ ~ e e vt.c~ <c.~1,c~.~C ~Cj~~c`'t~ uSo~.~~. ~o~ ~~ ~le~ ~ ev~~~r ~.a.v~.o.~ .ter ~~,c~~~ ~~ ~ `C''~ S i d evtGe.. o~/t- -e~ ~-~ii e,C' S ~ d e.. ~ i ~, e~c' E'v1 - `, n C.~ ~~ ~ o w v~ r o pro ~e~ v v~ ~ o~vc e~~ S~ o ~.~ d ~ s ~ ~'e ~ ei~ ~ ~ VLo~C'~' C. e. • o~ S ~ i ~ ~0.~ ~ i,o1 e (~.~ Tito-~1 ~ Y` ~ ~ ale ~ ,~ ~C.~'s d~ ~ s °~ ~ ? ~ ~ • ~ 0.11 Q~ ' e~ areS~. a,.r'' '~ ~,~, C° C~- p, ss ~~~ ~-U~ ~~~ ~ ~o ~'''~ ~ as r~ ~ ~ ~~~F' ~ N N v CJ O O C7 27 Feb~2007 11:37FiM RBC DS 5148746170 P•1 Kathleen Eibl von Rospeu 13612796246 p.2 CAMINO COVE HOMEOWNER'S ASSOCIATION 442fl-4506 South Ocean Blvd. & I 1 I3-1117 Russell Drive DISSAPPROVE of angled docks 8tlor Lifts in Camino Cove APPROVE of angled docks &/oi lifts in Camino Covt ~J CLASSIC RESIDENCE BR PAGE 01!01 02/27/7007 16:42 5613384744 Kathleen Eibl von RoSpeu 15612786246 P•2 • 3• • CAMINO COVE HOMEOWNER'S ASSOCIA'T.(ON 4420506 $out>~ C)cean, Blvd. & 1113-1117 Russell Drive D><SSAppROY~ of angled docks 8tlor lifts in Camino Cove _~, Sao s . ~.t~.~-- API'ROYE of angled docks dt/or liRs in Camino Cove Feb-27-07 05s15P ConsultAndes 511 445 9044 P_02 - Kathleen t~oi von rcosp~u i~oac.voc.~o r•- • CAM.1N0 COVE HOMEOWNER'S ASSOCIATION 4420-450G South Cxean Rivd. & 1113- i 1 l ~ Russell Dri~~e DISSAPPROVE of angled docks &/or lifts in Camino Cove Q~~''` C, ~ Uvrt info ~. S• O c err ,~/ ~~ Ifl~ ~~~'c9. S. ~ ~(U"~""`7°^~ . , ~ .,,sew u ~; ,~ ~r 7, ,~ ~-~~~~ ~ . ~~-r-~~. ~ ~~y S o ~ ace ~ ~ I ~~ ~: >, ~~~ - ~-_ ~ { ~. 1 APPROVE of angled docks &/or lifts in Camino Gove ~~o So~~ Oc~e~a ~ /!/.3 ~vSSe-l/ ~/~. • February 28, 2007 • Graham Guthrie 4500 S. Ocean Blvd. Highland Beach, FL 3487 Highland Beach Planning Board Re: boat lift application Members of the Board; I was at your prior meeting and spoke against the captioned proposal which is the subject of your meeting today, and since I cannot attend today, I would like to submit the following comments in addition to the ones I made previously. Most surprisingly, I have learned that insurance industry statistics apparently indicate that the conventional wisdom, openly accepted at the prior meeting, as to the safety of boats on lifts in a hurricane situation, is not true, and that they are, if anything, less safe on a lift than with other more conventional hurricane protection methods. This leaves only one viable reason to grant the request, and that is so that the boat owner can keep a bigger boat on our canal than would otherwise be possible. This dovetauls nicely with the desire of all canal-front homeowners to eventually sell their property for the highest possible profit, but this reasoning does not justify approval. I question whether it is wise for the town to take a course which will ultimately change the nicest long canal view in the town into one mostly blocked by side-by-side boats with a relatively narrow water view down the middle. If the insurance statistics I noted are correct, the eventual overcrowding will also mean quantum leaps in the total dollar amount of damages suffered by local boats (and maybe the homes they float into) in the next several hurricanes to hit this area. Every boat owner's rates will rise dramatically. I understand that the majority of owners of property along the canal signed approvals of the action sought, but there was no indication that any of them received explanations of the pros and cons to enable an informed judgment. In any event, our leaders should be just that, leaders, not followers of those who may vote their own financial interests to the detriment of the less tangible, but no less important, interests of the town. Without any legitimate improvement in boat saf to be gained from approval of this request, it should be denied. • Graham Guthrie Feb-2707 05:15P ConsultAndes TO: FAX NUMBER: FROM: FAX NUMBER: TELEPHONE NUMBER: DATE: 511 445 9044 P.O1 FAX Kathy Eibl von Rospeunt 001-561-278-6246 John 8 Ines Youle 51-1-445-9044 51-1-9945-8292 February 27, 2007 RE: Strong Opposition to Proposal to Permit Boats to Angle at 75 Degrees and Install Electric Lifts We are totally opposed to the proposal to radically change the long- standing arrangement for boat docking on the cove behind Camino Cove. • This proposal to permit boats to angle at 75 degrees and to install boat lifts would be ugly and would totally transform our quiet cove into a marina. As a result, it could negatively impact the value of our property and others in our neighborhood. We purchased our home more than eighteen years ago. We do not want the atmosphere of our cove to be totally changed because of the selfish wishes of two homeowners, who have no consideration for their neighbors or our development. Please represent us at the town meeting on Wednesday evening, February 28~' and make know our strongest opposition to this ridiculous proposal. Jdhn J. Y le Ca ino Co Unit #1 4418 Sout Ocean Boulevard Highland Beach, FL 33487 • ~i~ CANAL {olo~o~o -, o 0 0 0 0 o- . _ .-. t5t ~ t, f ~: _o. a ~- t ~' ~~~ :~ ~ - +i 0 NORTH i . t ~ _ ..- ___~~ B O A ~"_=`_.S t Z E .:_~ L t NI I T Ste- ~ - -.-- _=- -. _ '• ` SEtPS 4,5 & !O - 28 FEET '~ SLlPS 3 8r 6 . ~ - ~ 34 FEET ~ ~ - ~ NO 80AT SHALL HAVE .BEAM WIDTH GREATER THAN 12 FEET C ~ EXHIBIT B' •