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1985.06.12_PB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD JUNE 12, 1985 9:30 A.M. Acting Chairman Raymond F. Blosser called the Regular Meeting of the Planning Board of the Town of Highland Beach, Florida, to order at 9:30 A.M. The recording secretary called the roll. Present were R. F. Blosser, M. A. Waldman and first alternate member A. Leng. Absent from this meeting were Chairman I. S. Saunders, Vice Chairman D. R. Rome, regular member John E. Ward and second alternate member Chris H. Bartlett. Also present were Town Attorney David Friedman, Town Manager Hugh D. Williams, Recording Secretary Anne Kowals, Representative of the Empire Group Mr. Dan Vargas, Jr.; President of Seagate of Highlands Associa- tion Mrs. Jane Rayner; Mr. Edward Bennett Seagate Representative; Monterey House Representative Mr. Frank Edwards and many Town residents. Acting Chairman Blosser mentioned the Planning Board consists of seven members -- five regular members and two alternate members. Three mem- bers in attendance constitute a quorum, said Mr. Blosser. • Mr. Waldman made a MOTION, seconded by Mrs. Leng, to approve and accept the minutes of the Regular Meeting of May 8, 1985, as written. MONTEREY HOUSE, MR. FRANK EDWARDS, REPRESENTATIVE; MR. NICHOLAS CARNASE, PRESIDENT PRO-TEM; MR. DAN VARGAS, JR., OF EMPIRE GROUP, INC., PRESENT. SATELLITE T. V. ANTENNA. A letter from Monterey House, dated June 12, 1985, to members of the Planning Commission, was delivered just before the start of this meet- ing, requesting same be read prior to consideration of the Monterey House application, was read into the minutes by Acting Chairman Blosser. Mr. Blosser noted that the letter read if approval for roof top installa- tion is denied, Monterey House shall request the Planning Board consider their application for ground mounting installation as an alternate alter- native, as soon as possible. Acting Chairman Blosser asked if Mr. Frank Edwards of Monterey House had any comments regarding that letter. After identifying himself, Mr. Edwards said he was appointed as a com- mittee of one to handle the satellite and antenna matter for Monterey • House by the President (George Reinhardt) and had operated with his full knowledge. L- . r PLANNING BOARD •Regular Meeting June 12, 1985 Page 2 of 9 Mr. Edwards stated that Mr. Reinhardt and he had elected to cancel the ground mounting application because of much objection from the condo- minium owners. One way or the other, Mr. Edwards said, Monterey House would like to have the satellite dish. If we cannot have it on the roof which is the proper place, said Mr. Edwards, we do want the dish on the ground. Mr. Edwards said all the rules and regulations that were outlined by the Town for roof top mounting have been met and Monterey House asks that their application be considered in that light as the dish antenna will be positively safe and will not be seen. When Mrs. Leng questioned the percentage of condominium owners agreeing on the satellite dish antenna, Mr. Edwards replied that all the owners voted on the matter and voted the money. It was more than the require- ment called for by the Monterey House Charter, continued Mr. Edwards. In view of the said letter, Mr. Waldman stated, the Planning Board is concerned that it is dealing with the proper authorities in that • condominium. Acting Chairman Blosser requested Mr. Nicholas Carnase, President Pro- tem, Board of Directors, Monterey House Condo., Inc., offer his account of this unexpected event. Mr. Nicholas Carnase addressed the board and said at the meeting of the Board of Directors of Monterey House Condo., Inc., the members indicated the procedure that Mr. Reinhardt and Mr. Edwards followed in withdrawing the ground mounting application was not proper because it was not a board action. In order to correct a wrong, the Board of Directors of Monterey House generated that letter and presented it prior to this meeting. Mr. Carnase said Monterey House Condo., Inc., wants both options (roof top mounting or ground mounting). Acting Chairman Blosser said that at the last Planning Board meeting, the board indicated a willingness and cooperation regarding ground mount- ing, and would be pleased to cooperate in all ways possible. Mr. Blosser stated this related to Seagate as well as Monterey House. Mr. Carnase said the Board of Directors at Monterey House will meet to elect a replacement for Mr. Edwards. 0 I ' w PLANNING BOARD Regular Meeting • June 12, 1985 Page 3 of 9 Mr. Waldman said that nothing has changed regarding the board members' feelings about roof top mounting, as expressed at last month's meeting. Therefore, Mr. Waldman suggested both Monterey House and Seagate of Highland Beach withdraw their applications for roof top mounting and proceed with the ground mounting. SEAGATE OF HIGHLAND BEACH, MR. EDWARD BENNETT, REPRESENTATIVE; MRS. JANE RAYNER, PRESIDENT; MR. DAN VARGAS, JR., EMPIRE GROUP, INC., PRESENT. SATELLITE T. V. ANTENNA. Mr. Bennett of Seagate of Highland Beach, addressing the board advised new plans for roof top mounting have been submitted to comply with all safety factors. The Town Manager referred said plans to the Town Engineer. Having heard nothing from the Town Manager, Seagate felt that the roof top mounting was on a satisfactory basis as far as safety is concerned, continued Mr. Bennett. Mr. Waldman said the Planning Board takes a stand that it cannot legally approve any roof top satellite because Town Ordinance, Section 9-12.1 states -- "Unless specific approval is granted by the Town Commission, satellite television antenna systems shall be ground mounted". The •Planning Board, continued Mr. Waldman, has no legal authority to approve roof top installations because they are unsafe and create a hazardous condition along AIA. Town Manager Williams reported that the 'outside engineer' reviewed these satellite antenna plans and said there was a certain formula contained in the building code that mandated how one arrived at the pounds per square foot. The 'outside engineer' agreed with the Empire Group's submission regarding documentation on how the unit was attached to the structure. At the end of a meeting for condominium managers from Dade County to Palm Beach County, Mr. Williams, a guest speaker, explained Highland Beach had a problem that specifically entailed satellite dish antennas, he reported. Town Manager Williams asked two specific questions and requested a show of hands. 1. How many of you folks have these dishes mounted on the roofs of your oceanside condos? Nobody raised their hand. 2. How many of you folks would want to have one of these on the top of your building? Again, no show of hands. PLANNING BOARD Regular Meeting • June 12, 1985 Page 4 of 9 With Mr. Williams' permission, Mrs. Leng called Galveston, Texas, an area that experiences the same wind speeds (120/130 mph) as Highland Beach, and spoke with the Building Department head, George Kraft, who advised Mrs. Leng they have many condominiums on the Galveston Coast and the only ordinance they have is a height restriction and 120 mph winds, same as our Southern Building Code. Mr. Kraft said Galveston has never even had an application for roof mounting --they have many ground mountings and a good cable television system. He could not believe that anybody on the coast would even think of putting anything on a roof even five stories high. IBM in Boca Raton have ground mounted antennas for their inside communi- cations, even though they are five miles inland. The IBM buildings are only four stories high --they have over an acre of roof top where satel- lite antennas could be mounted, continued Mrs. Leng. When some engineers at IBM were questioned about roof top mounted satel- lite antennas, Mrs. Leng said their response was "In South Florida, on the roof?" •Mr. Williams said the technology of satellite dishes is new and placing them on the roof of high buildings is also very new that the Hurricane Center has no criteria on it. Publishers who mandate the building code have been contacted, said Mr. Williams, and they advised there were no regulations regarding this matter. Putting these dishes anywhere but on the ground, Mr. Williams continued, is almost non-existent. Based on the people Mr. Williams spoke with and the various documents he read, he would have to concur with Galveston that to put the satel- lite television antenna on the roof would be asking for a potential problem in the future. Mr. Edwards said they disagree with the statements made. Monterey House ground mounting application for the satellite dish antenna had been properly prepared, was temporarily withdrawn and has now been reinstated. Mr. Edwards said they would like a decision on the ground mounting. Mr. Bennett, after speaking with Mrs.Rayner, said Seagate is willing to withdraw their roof top mounting application and go ahead with the ground mounting application which had been submitted along with plans. Mr. Waldman reiterated the MOTION that was made last month that at this •particular time, before we take up the ground mountings, that we deny, once and for all, these roof top applications on the same grounds that I PLANNING BOARD Regular Meeting • ,Tune 12, 1985 Page 5 of 9 we did before, that they're hazardous, they do not conform to the city codes or standards, and that they have no place in this Town at the pre- sent time. Continuing, Mr. Waldman said he would like to make such a MOTION for roof top satellites to be denied. Mr. Bennett stated that he saw no reason for a vote being taken. Mr. Waldman disagreed. Acting Chairman Blosser said he would like to add "and that they are specifically denied in regard to these two condominiums in addition be- cause of the fact that they are nonconforming structures." Mr. Waldman said he accepted that addendum to his MOTION which was seconded by Mrs. Leng. The recording secretary polled the members which resulted as follows: Mrs. Leng 'aye' Mr. Waldman 'aye' Mr. Blosser 'aye' Mrs. Rayner of Seagate requested that Mr. Schiff be permitted to make • a statement. Addressing the members, Mr. Schiff said things happened so quickly this morning that he really wished to make his statement prior to the Planning Board's vote. Never have I seen this Town evade taking a stand properly in terms of a new agenda for this Town. And, this is the satellite an- tenna whether it be ground mounted or roof mounted, stated Mr. Schiff. Are we saying, continued Mr. Schiff, that even though a satellite antenna does exist in this Town at Regency Highland, this Planning Board will never approve a satellite on the roof without giving the Town Commission the right to act upon that decision? What Mr. Waldman has stated this morning is that really the Planning Board doesn't take action, only the Town Commission can take action. You have denied this community the right to determine through its highest legislative body, said Mr. Schiff, whether or not this will come to pass. Mr. Schiff said he was astounded at the rapidity with which the Planning Board took action without really hearing other statements that may have been heard which may have added and enhanced the application. Mr. Waldman said the Planning Board is here to do what it thinks is best for the Town and he could not vote for any roof top satellite with the type of hurricanes this area could experience. We are acting in good conscience and doing what is best for the Town. The Planning Board is not denying anyone a satellite antenna --you can put one on the ground. PLANNING BOARD Regular Meeting June 12, 1985 Page 6 of 9 • The Planning Board, continued Mr. Waldman, is considering all safety factors involved with installation as required by the Town Code, Section 9-12.1 (b) (5) . Mr. Schiff said if the members of the Planning Board are saying they are going to reject every roof satellite request that comes in, they are defeating the very purpose of the ordinance of the Town of Highland Beach because the Town of Highland Beach does not give the Planning Board that authority. The authority, continued Mr. Schiff, rests only with the Town Commission in terms of the satellite. Acting Chairman Blosser said that Town Attorney Sliney ruled on this mat- ter in the previous meeting with the Town Commission that the Planning Board does have the authority. Town Attorney Friedman said that if the Planning Board were to approve these roof top installations, it would still have to be approved by the Town Commission. The Town Commission specifically put in the ordinance that if there is an approval, they want to have a second look at that -- they want to double check that because they are concerned with roof top antennas because they do pose a safety hazard, said Attorney Friedman. • Acting Chairman Blosser said the Town Commission placed three obstacles in the way of a decision by themselves on the matter. The obstacles are: 1. Approval by the Building Official (he alone can turn it down). 2. Approval by the Community Appearance Board (they alone can turn it down) . 3. Approval by the Planning Board (the Planning Board alone can turn it down) . If you can get three for three, said Mr. Blosser, then you have the right to go to the Town Commission and then the Town Commission, in its wisdom, will decide whether to permit this. Town Attorney Friedman addressed a comment by Mr. Schiff regarding the attitude of the board relating to satellite dishes on roof top. The Town Commission was concerned that any application by another condominium will be treated individually on its own merits as opposed to any precedent having been set on any decision today, continued Attorney Friedman. The MOTION Mr. Waldman made specifically named Monterey House and Seagate of Highland Beach. I PLANNING BOARD Regular Meeting • June 12, 1985 Page 7 of 9 Acting Chairman Blosser said all applications are always decided on their merits; but, there's a heavy presumption, based on past voting, that they would be turned down unless they could be thoroughly justified. And, that is a very difficult procedure. The Planning Board members reviewed the plans submitted for ground mounted installations. The ground mounted installation at Seagate would require a 'Special Excep- tion', said Mr. Blosser, because the antenna system would encroach on the adjoining property. The Planning Board members agreed to hold a special meeting regarding Seagate and Monterey House ground mounting plans on Wednesday, June 19, 1985, at 9:30 A.M. The Building Official returns from vacation on Monday and by Tuesday, said Mr. Williams, Mr. Sutherland could have information for the Planning Board regarding this issue so that by Wednesday the members could be in a position to make a decision. •Acting Chairman Blosser said certain things to keep the Town harmless in regard to these things will be necessary. The acting chairman recessed the meeting at 10:45 A.M. which was recon- vened at 11:05 A.M. VERNON INVESTMENT PROPERTIES, INC. Acting Chairman Blosser said the next item on the agenda, Vernon Invest- ment Properties, Inc., had withdrawn their application. A memorandum dated May 30, 1985, to the Planning Board from the Building Official was read into the minutes by Mr. Blosser. ENCLAVES OF BOCA COVE - PRELIMINARY SITE PLAN REVIEW - MR. ROBERT GORE REPRESENTATIVE, PRESENT. Acting Chairman Blosser read into the minutes a memorandum from the Build- ing Official to the Planning Board, dated May 31, 1985, advising that these buildings follow the same footprint as the previously approved plans. Mrs. Leng said that she and Mr. Gore serve on the Board of Directors of Boca Cove. Attorney Friedman assured Mrs. Leng that posed no conflict of interest. PLANNING BOARD Regular Meeting • June 12, 1985 Page 8 of 9 Representative Robert Gore addressed the board and stated that he is taking over the existing project which was abandoned by the previous developer and following the same footprints. The property originally was part of Boca Cove. The North side of the canal runs through Boca Cove. The South bank of the canal, continued Mr. Gore, was split off, the zoning was downgraded and it was developed as a separate project. Mr. Gore said that basically they are following the same guide lines that are already there (buff colored stucco with shake shingle roofs, anodized bronze frames and treated lumber on the decks). They will use the same color treatment, continued Mr. Gore, and follow that theme throughout the remainder of the project. The floor plans will be changed inside the project, said Mr. Gore. The existing structures are three story walk-up units (no elevators) that caused a buyer's resistance. The new units will be two stories so the height of the buildings will be lowered and the interior will be modernized. •There will be nineteen single family dwellings with common walls. One building will house eight units; the second building will have eight units with the third building housing three units, said Mr. Gore. Fifteen of the units will basically be 2,100 air conditioned square feet; two units will be 2,300 square feet with the remaining two units 2,400 square feet, continued Mr. Gore. The height of the structures will be under 30' (just two stories per unit) with every other roof pitched, Mr. Gore stated. When Mrs. Leng questioned the absence of the decks on the plans, Mr. Gore stated each unit is angled which makes for irregular decks and one must read the plans carefully to review the different decks. Mrs. Leng also questioned the lack of landscaping plans for the decks. Mr. Gore explained that he has the existing landscaping plans that were approved and he is embellishing those plans by adding foliage that was recommended by the Community Appearance Board. It will be quality land- scaping, said Mr. Gore. Members requested that Mr. Gore have new plans drawn up, to show the decks with landscaping, prior to the Special Meeting of June 19, 1985, at which time Enclaves will be placed on the Planning Board agenda. K PLANNING BOARD Regular Meeting • June 12, 1985 Page 9 of 9 Members discussed the matter of parking spaces at the project. Mr. Gore informed the board that there will be two parking spaces per unit and there will be two units that will have two car garages built in. ROYAL HIGHLANDS APPLICATIONS Acting Chairman Blosser inquired if there were any representatives from Royal Highlands in the audience. Hearing nothing, Mr. Blosser said the records should show that since the Planning Board Meeting of May 8, 1985, at which time the Planning Board required submittal of the site plan reviewed by the Planning Board in July, 1981, and the request was formally communicated to Royal Highland's counsel, no resubmittal has been resubmitted; therefore, the Board is not in a position to take action on the plans. In addition, continued Mr. Blosser, subject plan has been subpoenaed by Royal Highland because of a court hearing this morning and therefore is not availabl.6 to us to review, if indeed, whether it is the proper set of plans. The Planning Board, as a courtesy to Royal Highland, placed them on the Planning Board agenda for this meeting as part of the request that was made for those plans. In view of the small attendance, Mr. Waldman suggested that the Building Department Procedures to be Discussed and the Review of Comprehensive Plan and Zoning should be tabled until the next meeting. Acting Chairman Blosser and members agreed to place the Building Depart- ment Procedures discussion on the agenda for the July Planning Board meeting when the Building Official will be available. The Review of the Comprehensive Plan and Zoning, said Mr. Blosser, will also be placed on the July Planning Board meeting agenda. The Planning Board may want some advice from Gee and Jensen on various matters, Mr. Blosser continued, but the members can look over the Town Codes to see if they find anything that should be corrected, elaborated or amended. The next meeting of the Planning Board is scheduled for Wednesday, July 10, 1985, at 9:30 A.M. A MOTION made by Mr. Waldman, seconded by Mrs. Leng, to adjourn the meet- ing was favorably received. Acting Chairman Blosser adjourned the meeting at 11:55 A.M. APPROVED: M. A. Wal an R. P. BLOSSER, Acti Chairman e ��1 Attest: � e-u�c,es.� _ /a A. Leng 0 3114 SOUTH OCEAN BOULEVARD A-1-A HIGHLAND BEACH. FLORIDA 33431 TELEPHONE (306) 276-7145 June 12, 1985 To: Members of the Planning Commission Town of Highland Beach, Florida Dear Chairperson and members of the Planning Committee: The Board of Directors of the Monterey House Condominium, Inc. held it's regular monthly meeting on Tuesday, June 11, 1985 at 7:30 P. M. A quorum of it's board members were present. This meeting held discussions of usual matters and then devoted discussion to the proposed satellite dish installation. Mr. Frank Edwards informed the Board, and residents in attendance, that a letter, dated June 4, 1985 was hand delivered to the Town Manager, Hugh D. Williams. The Board had no knowledge of this action. The aforesaid letter authorized the withdrawal of your considering for approval, an alternative ground installation. It only requested your committee to consider roof installation plans. The letter of June 4, 1985 is not a legal document and did not have Board approval and we request you disregard the submission. It is the consenses of the Pro-tem President and named Board members indicated below, that it is our responsibility to carry out the dictates of its owners, meet requirements of any Town Commission Ordinances and/or rules of any of its appointed boards. If approval for roof installation is denied, we shall promptly request your consideration for ground installation as an alternate alternative, as soon as possible. For the record: This letter was approved by the following board members: Mrs. pith Holmes, Mrs. Gertrude Vendeland, Mr. Jack Schneider and Nicholas Carnase. Very truly yours, Board of Directors MonteL%e7 House C on� �Inc. By: Nicholas Carnase / President Pro-tem