The Tom's
Harbor Keys
SALE
INFORMATION
Tom's
Harbor Keys for Sale at $2.9 Million - The two islands
located
approximately 300 yards south of Duck Key and about 46
acres in area are for sale. which
are south of Duck Key's Harbour Island are for
sale.
Environmental
Gems - These keys most likely were included with Duck Key
in 1832 when James Audubon described visiting a group of
islands called the Duck Keys.
A special
website promoting the sale of the islands provides
attractive photos and says,
"Escape
the hustle and bustle of city life, become the ruler
of your own private island empire, search for buried
treasure, conduct your own "Survivor" contest, build
the ultimate sand castle, conduct corporate retreats,
or skinny dip in complete privacy. Owning a private
island in the Florida Keys is only limited by your
imagination."
http://www.tomsharborkeys.com
HISTORY
Below is
a text and image ofa newspaper article dated July 24,
1981 plus the text from minutes from several Duck Key
Property Owners Association Newsletters from
1981.
TEXT
OF DUCK KEY PROPERTY OWNERS ASSOCIATION NEWSLETTER
DKPOA
President in 1981 was Web Gokey
April 25,
1981
Tom's
Harbor Development
Since the
last written communication to all of the membership on 18
February, much has happened. The Committee has been
working hard looking into various aspects of the proposed
development and talking with many people. On 12 March
additional letters, based on the committee's evaluation
and investigation, were sent to the Florida Department of
Environmental Regulation and the Army Corps of Engineers
to further urge that a Public Hearing be held. On 19
March the Association, and others who had written,
received from the Department of Environmental Regulation,
a letter indicating the Department's "intent-to-issue" a
permit unless within 14 days a petition showing how the
proposed project violates specific laws and regulations
was filed. On 26 March a DKPOA informational meeting was
held at the Indies Inn, The meeting was attended by 33
DKPOA members. At the meeting Dr. Arthur Weiner, a
biologist experienced in Keys' development and hired by
DKPOA, gave a biological assessment of the Tom's Harbor
Keys. Mr, Lynn Kephart, the Developer's agent, gave an
outline, with plans and pictures, of the proposed
development. The conclusions reached at the meeting were
that DKPOA did not have sufficient hard factual proof to
substantiate filing a petition for a hearing; to continue
the exploration of purchase of Tom's Harbor Keys as a
nature preserve; and if funding for acquisition appears
to be inadequate, to look into the purchase of a legally
binding contract with the present owner limiting the
location, type and extent of development. On 26 March,
Mr. Jon Krupnick, a lawyer and new member of the Tom's
Harbor Committee, did file a petition for a hearing. The
latest information from the Department of Environmental
Regulation indicates a public hearing will be held at
some date in the future. Additional actions by the
Committee are in progress. results are pending and will
be reported on at a later date.
NEWS
ARTICLE - July 1981
Fishing
camp plans are debated
Key Largo
- Proposed development of a small, environmentally
designed "fishing camp" on a pristine island near Duck
Key was the center of a state hearing here
Friday.
Those
objecting to the development of onde (sic. - one) of two
Tom's Harbor Keys charged the construction would
adversely affect fish and wildlife populations in the
area, and would eliminate the last undeveloped oceanside
island in the Middle Keys.
Backers
of the outlined development testified the "camp" would
have a minimal impact on the island's environment.
Officials of the state Department of Environmental
Regulation (DER) agreed.
The hear
ing was called to note objections to the DER's intention
to grant certain development permits the one Tom's Harbor
Key in question,
Presiding
over the hearing was the man who may have the last word
on this phase of the debate, state hearing officer K.N.
Ayers. Mr. Ayers indicated he will file a ruling in
approximately 30 days on the matter.
As
proposed, the fishing camp development would consist of a
dock, a wooden walkway over mangroves, and seven small
"cottages." Six of the raised cottages would be built on
an upland area outside of the DER's jurisdiction, but one
cottage, the walkway and the dock require DER permits for
construction.
The
island would remain isolated from the surrounding Keys,
with all transportation to it by boat. There would be no
sewer, water or electric connections, instead relying
on chemical toilets, a cistern and a generator. The owner
of Tom's Harbor Keys, Ohio resident Richard Stander, was
not present at Friday's permit hearing. He was
represented by an attorney and the fishing camp's
designer.
Leading
the objectors was Fort Lauderdale attorney John Krupnick,
a landowner on Duck Key.
Mr.
Krupnick contended the islands' owner and would-be
developers filed an application for the permits which
contained "misrepresentations of fact." "I think the
(permit application) is fraudulent," he declared at one
point in the hearings. Specifically, he found fault with
the developers' proposal to mechanically drive several
dock pilings instead of drilling holes by hand or water
jet as listed in the application.
Attorneys
for Mr. Stander and the DER contended that change was
inconsequenial and found an apparent ally in Mr.
Ayers.
"I don't
see where (the mechanical driving) makes any difference,"
commented the hearing officer.
Mr.
Krupnick also maintained that the camp, listed as being
for the private enjoyment of Mr. Stander and friends, was
drafted as a commercial development. He cited a letter
from a Marathon realtor to Mr. Stander, discussing a
proposed fishing camp, as evidence.
James
Hendrick, an attorney representing Mr. Stander,
successfully argued the letter was not sufficient grounds
to make any judgments. The letter was marked for
identification, but not entered into evidence.
Lynn
Kephart, planner of the fishing camp, said after the
hearing that he knew of no plans to turn the camp into a
commercial enterprise. Any such alteration would involve
several major zoning changes.
Duck Key
resident Dr. Crawford Adams testified against the
development, saying, "Whenever there is any kind of large
or small development on this kind of island, there is an
impact on the (fish and wildlife) population."
Joining
in the objection was Capt. Richard Grathwohl, president
of the Marathon Guides Association. Capt. Grathwohl said
the development could lead to a sharp decrease in the
number of gamefish - such as bonefish and permit - in the
immediate area of the Tom's Harbor Keys.
Mr.
Hendrick contended that neither of the two witnesses
seeking to stop the permits were qualified to speak as
biologists.
He asked
Dr. Adams and Capt. Grathwohl, "What kind of comparable
developments have you seen?"
It was
generally agreed by all sides that there are no
comparable developments, featuring raised cottages and
walkways being built on a pristine island.
Eric
Loken, the DER environmental specialist who recommended
the issuance of the permits, testified, "This type of
project we're talking about uses a very small percentage
of the productive habitat in the area."
He added,
"There should be sufficient habitat remaining for all the
affected species."
After the
hearing, Dr. Adams said Duck Key property owners were not
the only persons objecting to the development. He pointed
to supporting letters from the Florida Keys Guides
Association and the Pelican Preservation Society of
Florida.
A letter
from Ed Davidson, president of the Florida Keys Audubon
Society, expressed "grave concern" at the thought of the
island development going commercial.
However,
Capt. Grathwohl was the only non-Duck Key resident to
attend the permit hearing. Nine residents of Duck Key
attended the hearing, not testifying but entering their
names into the record as objectors.
TEXT
OF DUCK KEY PROPERTY OWNERS ASSOCIATION NEWSLETTER
October
10, 1981
Toms
Harbor Keys
On 24
July 1981 the public hearing requested by DKPOA member,
Mr. Jon Krupnick, attorney at law, was held in Key Largo.
In addition to Mr. Krupnick, there were 14 other DKPOA
members present headed by the Toms Harbor Keys Committee
Chairman, Dr. Corky Adams. As a result of the hearing,
the hearing officer "recommended that Richard K. Stander
be issued a permit to construct an 80-foot wide perimeter
dock with nine (9) 15-foot-long perpendicular finger
piers; to construct a 30-foot by 28-foot caretaker's
house; and to construct approximately 1350 feet of
six-foot-wide elevated walkway connecting seven (7)
proposed 30-foot by 28-foot wood cottages to the proposed
dock in Tom's Harbor channel in Section 20, Township 65
south, Range 34 east, Monroe County, subject to the
following conditions:
(1)
Turbidity screens shall be utilized during the jetting of
pilings for the dock;
(2) No
live-aboard boats shall be allowed;
(3) No
sewage or fuel facilities shall be permitted;
(4) No
structures other than the boardwalk and the caretaker's
house shall be located in Department of Environmental
Regulation's jurisdictional wetlands;
(5) No
cutting, clearing or alteration of DER's jurisdictional
wetlands shall be permitted beyond that necessary to
install and maintain the boardwalk and, caretaker's
house. Clearing for the boardwalk shall be restricted to
the width of the structure,"
The
Florida Department of Environmental Regulation issued
the
permit on 23 September 1981.
Additionally,
on 18 September 1981, in response to a DKPOA letter, an
administrative ruling was received from the Monroe County
Director uilding, Planning and Zoning stating "we do find
Tom's Harbor keys' to he isolated islnads (sic islands)
in the connotation of the GU District". (GU District
zoning permits fishing camps on isolated islands, Tom's
Harbor keys are zoned GU).
Our
sincere thanks are due Corky Adams and his committee'
members for all the ork they contributed in coming to
grips with the various details of the proposed
development that were of concern to so many of our
members.
A special
vote of thanks is due ion Krupnick for the time, effort
and legal expertise he donated in advising, and in
proparation (sic preparation) for the public
hearing.
The
results of all these efforts is a set of conditions
placed on the proposed construction on Tom's Harbor Keys.
If these conditions are not adhered to, construction can
be halted through the DER representative in Marathon, Mr.
Glenn Roe. If anyone believes these conditions are not
being met, after construction starts, please inform Mr.
Boe (who was present at the public hearing) and
DKPOA.
