STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: APPLICATION BY THE )

CRICKET CLUB, INC. FOR LEASE OF ) CASE NO. 76-1343 SUBMERGED LANDS IN BISCAYNE BAY. )

)

HEARING OFFICER'S REPORT

Pursuant to notice, a public hearing in the above-captioned matter was held on August 3, 1976, at Miami, Florida, before the undersigned Hearing Officer.

The notice of public hearing stated that it was to be held "on objections to lease of submerged lands in accordance with application made by The Cricket Club, 11411 Biscayne Boulevard, North Miami, Florida, 33161, which lands in Biscayne Bay are appurtenant to the property of the applicant located in Section 33, Township 52 South, Range 42 East, Dade County, Florida."

By letter of July 20, 1976, Edward H. Cederholm, Administrator, Land Management Section, Bureau of State Lands, Department of Natural Resources, requested that the Division of Administrative Hearings provide a Hearing Officer "to take testimony on the proposed leasing of sovereignty land to The Cricket Club, Inc., a Miami firm." By further letter dated July 27, 1976, Mr. Cederholm advised the Hearing Officer that the "statutes which apply in the hearing are as follows: Section 253.03(7), 253.115 & 258.165, Florida Statutes."

The hearing was conducted in accordance with the above guidelines and under the authority of Section 120.65(8), Florida Statutes.

The applicant's representative explained in general terms the nature of the proposed use for which the lease of submerged lands had been requested. Thirty witnesses were sworn and presented testimony at the hearing. Sixteen of these witnesses expressed objections to the requested lease, and fourteen were in favor of the applicant's request. A list of the names and addresses of the witnesses is attached to this report. A summary of their testimony is set forth below. Written objections received prior to the hearing, and additional documents submitted during the course of the hearing are attached to this report as exhibits.

1. Dr. J. Frederic Blitstein - J. Frederic Blitstein, Inc. Environmental Planners, 255 Sevilla, Coral Gables, Florida 33134. Dr. Blitstein testified that The Cricket Club, Inc. has applied for a lease of submerged land in Biscayne Bay upon which to construct a marina to provide private docking facilities for approximately 40 boats owned by residents of The Cricket Club. The marina will consist of a concrete pier with two finger connections and a concrete platform approximately 40' in diameter on which a gasoline pump will be located. Gasoline lines will extend from the pump to tanks buried in concrete that are located in the upland area. The marina will extend from the Dade County bulkhead line approximately 200' south and 140' north into Biscayne Bay, approximately 1,000' from the intracoastal waterway. It will be placed at the entrance to the Lido Canal and provide an 80' wide entrance into that canal as required by the U.S. Army Corps of Engineers.

   Since its original conception, the plan for the marina was revised to meet basic requirements of state agencies and the Corps of Engineers. It was reduced one-third in size to accord with suggestions proposed by the Corps of Engineers designed to eliminate any navigational hazards. A biological review of the marina's environmental impact was prepared in response to requirements of the Department of Environmental Regulation. It was found that the area in question contains a marginal biological habitat and that no additional deleterious effect will result from the construction because boating is already being conducted in the nearby San Souci area and there is an existing marina facility at the Jockey Club.

   
   

   There is active tidal flushing in the area that will maintain the integrity of the waters. Any oil spillage from the facility will be trapped by a series of "flotation collars" and silt screens that will prevent the outflow of any wastes into productive areas. There will be no permanent breakwater and this will allow a continuous flush and pass-through action. If necessary to protect the area from hurricanes or high waters, the applicant is prepared to construct barriers that would prohibit flooding. This would consist of a grouping of concrete and metal flaps at 30' intervals to break the wave action.

   
   

   The facility is not a commercial venture in that it is providing only limited private facilities for residents of The Cricket Club apartments and condominiums. There will be no "Captain" area or "live-on facilities at the Marina.

   
   

   Currently, boat owners in Dade County have to wait approximately three to four years to find local boat docking facilities. Many residents of The Cricket Club bought their apartments with the intent to dock boats on the premises and are waiting for such facilities to be constructed. Although The Cricket Club owns land on the north and south side of the Lido Canal, it is anticipated that the boats acquired by the residents will be forty feet or more in length and could not turn around in the canal, thus precluding dockage at that location.

   
   

2. The following witnesses testified in opposition to the application:

   
   

   1. Pat H. Stanford - The Jockey Club Condominium Apartments board of directors and the majority of its 169 owners recommends that the application be denied because the configuration of the proposed marina projects to the south in such a manner that it creates a potential safety-hazard to the small boats that use the Jockey Club north marina canal. However, if the applicant could move the south tip of its proposed marina to the north so as not to create a safety hazard in the above regard, the Jockey Club would waive its objections.

      (Exhibit 2)

      
      

   2. James G. Reeder - President, Lido Bay Manor Association - Mr. Reeder represents thirty six property owners at Lido Bay Manor which is located at the end of the Lido Canal across the street from The Cricket Club. He expressed the opinion that the design of the proposed marina would constitute a hazard and effectively close the use of the canal to others because it will cross the mouth of the canal. This will make it extremely hazardous to navigate a boat from Biscayne Bay into the canal. He believes that the amount of automobile traffic created by the commercial marina enterprise in a residential neighborhood is undesirable. He further questions the need for the Marina because The Cricket Club now has 1,200' of land adjacent to the south side of Lido Canal and 500' on the north side, which is adequate for docking boats.

   3. F.F. Ierna - The witness lives on North Bayshore Drive and for nine years has observed garbage collect at the bulkhead line of his property caused by boats passing along the Bay. (Exhibit 3 - Photographs)

      
      

   4. Maureen B. Harwitz - President, Keystone Point Home Owners Association. She is opposed to the proposed lease because she does not want to see gradual encroachment on waters of the bay. She is of the opinion that the gas pump for the marina should be placed on shore, and feels that Cricket Club owners could use the Lido Canal for boat dockage.

      
      

   5. Roy W. Ketcham - The witness is a property owner at San Souci. He believes that the proposed marina will deface the Bay shoreline and that the desired location is not a suitable place for such a business enterprise. It will produce pollution and if permitted set a precedent for the establishment for other marinas. The location of the marina would make boating dangerous during high winds.

      
      

   6. Sarah C. Galvin - She believes that the Cricket Club has created an unpleasant odor sewage in the canal and bay area. The witness has been a resident of Lido Bay for several years.

      
      

   7. Dorothy B. Mowen - The witness is a home-owner who lives on Biscayne Bay. She is the Director of the Biscayne Shores Homeowners Association which consists of some 400 members. Although she believes in "orderly development", she objects to the construction of a marina because it will produce trash, poisons from boat paint and oil spills. She is of the opinion that construction should not be permitted until studies by the South Florida Regional Planning Council on an integrated environmental plan is completed. She believes that the marina would not be in the public interest; once built, it could not be undone. (Exhibit 4)

      
      

   8. Peter Rak - The witness lives one mile from Biscayne Bay. He testified that the marina would create too much traffic in the area, and that there would be insufficient fire and police protection.

      
      

   9. Isabel Nowack - This witness presented letters from a number of owners of Bahia Vista Condominiums objecting to the application for a variety of reasons. (Exhibit 5)

      
      

   10. Capitola M. Couvreur - Resident of Bahia Vista Condominiums. She believes that the marina will create too much traffic in a residential area. The condominium is located on Northeast 115th Street which is the only access street to the proposed marina. She is of the opinion that a marina would depreciate the value of her apartment by blocking the bay view and limiting direct access to the bay. She also feels that it would pollute the water and air and, consequently, would not be in the best interests of the public. (Exhibit 6).

       
       

   11. Joseph Hoefler - Director, Biscayne Shores Homeowners Association and Lido Bay Manor Association. - The witness testified that The Cricket Club marina would operate as a commercial enterprise and create a great need for parking space that it does not have at the present time. The Cricket Club has adequate boat docking facilities on the Lido Canal. About three years ago, the witness caught a variety of fish and crabs in Biscayne Bay at the mouth of Lido Canal using oysters scraped from the bulkheads of the canal for bait. Today, the area is polluted. Effluent from the Cricket Club's temporary sewage plan has found its way into the canal and the bay. Another marina would only add to the

       pollution. It would also hamper boat traffic in and out of the canal which is a safe harbor anchorage. The land affected by the marina is in the public domain and to be enjoyed as such. There is no logical reason to give this land to a developer for his personal commercial enterprise and profit at public expense. (Exhibit 7)

       
       

   12. Gil Hoffman - Member Save a Biscayne Bay, Inc. - The witness testified that under the Aquatic Preserve Act, it would violate the law to build a marina which would intrude into Biscayne Bay. He is of the opinion that the proposed marina would be a commercial venture because of the need for a license to sell gasoline. He is of the opinion that government should provide adequate public marinas that would be regulated to provide safe and unpolluted bays.

       
       

   13. Mrs. F.F. Ierna - The witness lives on Bayshore Drive at Biscayne Bay. She was unable to secure necessary permission to construct a dock in front of her home on the bay and believes that the same law should be applied to the Cricket Club.

       
       

   14. Mrs. Joseph Hoefler - The witness resides on Northeast 114th Street, and believes that the traffic generated by a commercial marina would adversely affect the neighborhood due to the Cricket Club's already congested facilities, that include a restaurant, lounge, night club, tennis & yacht club. She alleges further that the Club has exhibited total disregard for residents of the area by creating pollution of various kinds and traffic hazards. (Exhibit 8)

       
       

   15. Wilma Cook - President, Biscayne Shores Homeowners Association, Vice President, Lido Bay Manor Association, Chairman, Liaison Committee for Homeowners Associations. This witness opposes the application for a variety of reasons including water pollution in Biscayne Bay, anticipated additional vehicular traffic, depreciation of property value, lack of adequate fire and police protection, adequacy of dockage space presently owned by the applicant on Lido Canal, and the navigational hazard that would be created by the location of the marina. Additionally, she makes reference to various matters involving alleged violations of zoning and other laws by The Cricket Club that have been considered by various county, state add federal officials, and fears therefore that the applicant will not adhere to any regulations governing construction of the project. A detailed statement of her testimony together with extensive documents are attached to this report. (Exhibit 9)

       
       

   16. Dr. Henry Clayman - The witness resides on Bayshore Drive. He was formerly an officer in the U.S. Public Health Service. He testified concerning the adequacy of a biological report and assessment of the proposed marina prepared by Haynes Johnson, biologist with the Department of Environmental Regulation. The witness is of the opinion that the DER Report and recommendations favoring the project are superficial and do not adequately address potential for gasoline leakage, hook-up of sewage lines from the marina, and overall adverse affects of sludge and debris deposits to the aquatic habitat of the area.

   
   

3. The following witnesses testified in favor of the proposed application:

1. Mr. & Mrs. Harold Goldman, Leo Fox, Mr. & Mrs. Murray Shapiro, Mrs. Paul Rimmeir, Burt Lockshin, Martin H. Feinman, Dr. David S. Tepperson.- These witnesses all reside at The Cricket Club and testified that they bought condominiums there with the intention of docking their private boats at the Club, and that no other facilities are reasonably available in the area for this purpose.

2. Myer Burstein - The witness lives at The Cricket Club. Although he does not own a boat he would like to have the pleasure of looking at other persons' boats. He noted that the Lido Canal is seldom used for docking boats.

   
   

3. Robert Rosenhaus - The witness resides at San Souci Estates and is a member of the Jockey Club. He believes it would be unfair not to let the Cricket Club owners have a marina for the purpose of docking their boats.

   
   

4. Joseph D. Alter - The witness is a resident of San Souci Estates and owns a boat. He has observed debris in the waters in the area and is of the opinion that the small number of boats that would use the proposed marina would not cause a significant change in the amount of pollution. He is a member of The Cricket Club.

   
   

5. Allen Gruber - The witness lives at Coconut Grove and believes that construction of the proposed Marina would appreciate adjacent land values. He stated that there should be no additional traffic in the residential area because the boats will be owned solely by owners of Cricket Club Condominiums.

   
   

6. Additional witnesses in favor of the proposed marina were as follows:

C.V.W. Trice, Jr.

Jim Murray

Mrs. David Melin

A.C. Kittel, Jr. Patricia G. Kittel Elaine J. Santucci Betty Usdan

Jean Solomon Leonard Solomon Marian DeVincent Mrs. Farah

Pat Newman Robert Lockshin

Robert M. Hittner Brian C. Adams Gloria Matzkin

N. Reiber (Exhibit 10)

Done and entered this 27th day of August, 1976, in Tallahassee, Florida.

THOMAS C. OLDHAM

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Docket for Case No: 76-001343

Orders for Case No: 76-001343