1987.12.16_PB_Minutes_Special0
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TOWN OF HIGHLAND BEACH, FLORIDA
PLANNING BOARD
SPECIAL MEETING - MINUTES
December 16, 1987
9: 30 A.M.
Chairman Rome called the Special Meeting of the Planning Board, Town of
Highland Beach, Florida, to order at 9:30 A.M. in the Commission
Chambers at Town Hall.
The Town Clerk/Recording Secretary called the roll. Present were
Chairman D. R. Rome, Vice Chairman J. E. Ward, Regular Members M. A.
Waldman, A. Leng, C. H. Bartlett and Alternate Member R. M. Gregerson.
Alternate Member A. J. Harbin was absent.
Also present were Town Attorney T. E. Sliney, Building official B.
Sutherland, Town Clerk/Recording Secretary M. A. Mariano and members of
the general public.
Chairman Rome noted that this Special Meeting was for the purpose of
continuing the preliminary/final site plan review of Villa Mare' (Town
Lot 101 East) submitted by Concordia Investments, Inc. (Mr. P. Colman).
Vice Chairman Ward began the meeting by stating that he wanted to clari-
fy some of the rules and regulations of the Town. He noted he was con-
fused as to whether DNR approval is required before or after the Plan-
ning Board. Mr. Ward has done some research but feels we can act today
contingent upon what the rules and regulations are clarified to be. Mr.
Ward does not feel that approvals are required from the DNR or Army
Corps of Engineers on seawalls which are located West of the Coastal
Construction Control Line, according to the Building Official. Mr. Ward
cited several Town Codes which indicated these approvals were necessary
on any sites within the Town limits of Highland Beach; however, was
advised by the Building Official, as well as the Town Attorney, that
these provisions were no longer current or applicable to those
structures Westward of the Coastal Construction Control Line. Another
item brought up was the matter of notifying abutting property owners
within 1,000' as to any plans to construct a seawall. The Town Attorney
noted that this requirement was one which is handled at the time of Town
Commission review of any plan rather than at this point.
In response to Mrs. Leng's suggestion that the Board should make "pre-
liminary " reviews, Mr. Ward stated that such reviews, together with
conceptual plans had been ruled out of order by the Town Commission.
Preliminary reviews would result in developers appearing before the
Board without all the required data and therefore did not serve useful
purpose.
Building Official Sutherland then addressed the Board and indicated that
he had communicated with the DNR, Mr. Barry Mansinhing, who indicated
that they would not review or are interested in any structures unless
they are proposed to be Eastward of the Coastal Construction Control
Line. Inasmuch as the proposed seawall is being built West of the CCCL,
PLANNING BOARD
Special Meeting - Minutes
December 16, 1987 Page 2 of 3
the DNR has no jurisdiction. Mr. Mansinhing further told Mr. Sutherland
that it was his opinion that it made no difference as to the integrity
of the Ambassadors East seawall whether the proposed seawall is recessed
back from it or adjacent to it. It was the consensus that the problem
with the Ambassadors East seawall was due to an inferior wall being
built which would not be approved under the standards expected today and
that no matter what action was taken, it would not serve to fully
protect that wall. Mr. Sutherland stated that the DNR felt that the
proposed seawall would not effect either the North or South properties
adjacent to Lot 101.
With regard to the balcony overhang, Mr. Sutherland continued, Mr.
Mansinhing's opinion was that the DNR would have no objections to such
overhang if in fact the footprint of the building was not Eastward of
the CCCL. It was the consensus of the Planning Board that although the
Ambassadors East seawall may not live up to the standards expected today
that it was their obligation to insure no further damage would occur to
property owners on either side of the proposed building. The Planning
Board also requested that Mr. Sutherland try to have Mr. Mansinhing put
in writing his opinion on these matters.
Mr. Colman was present along with Mike Walther of Coastal Technology
Corporation, who addressed the Board. Mr. Colman continued to contend
that his building would have no adverse effects on the neighboring
properties. Mr. Walther gave his background noting that he has served
the Town in the capacity as expert witness on other matters. Mr.
Walther expressed his opinion that no positive impact would be had on
adjoining properties by the extension of the proposed seawall.
Substantial discussion took place after which a five minutes recess was
taken to try to word an appropriate motion which encompassed all the
concerns of the Planning Board.
Upon reconvening the meeting, MOTION was made by Mr. Ward, as follows:
"During the site plan final approval of Villa Mare', Town
Lot 101 East, there was a great deal of concern on the
effect of Villa Mare's seawall on the neighboring proper-
ties to the North (Beach Walk East) and to the South
(Ambassadors East).
Mr. Philip Colman, representing Concordia Investments,
secured the services of Mr. Michael Walther of Coastal
Technology Corp. to appear at our meeting, and after much
discussion, the Planning Board recommends the following
to the Town Commission:
Villa Mare' plans are approved subject to the
following conditions:
1. The seawall plan for return wall from the
40 Coastal Construction Control Line to the
Northeast corner of Ambassador East be
erected (DNR approval required).
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PLANNING BOARD
Special Meeting - Minutes
December 16, 1987 Page 3 of 3
2. Seawall plan for diagonal wall from the
Coastal Construction Control Line in front
of Villa Mare' to Ambassadors East's North-
east corner (DNR approval required).
If either of the above plans are approved by the DNR, the
Planning Board has no objection. If both of these plans are
rejected by the DNR, Villa Mare' will return with further
suggestions and perhaps the Planning Board will retain the
services of a Coastal Engineer. Balconies overhang over the
Construction Control Line are conditionally approved subject
to no objections by the DNR. If all of the above requirements
are met, the Planning Board recommends that a building permit
should be issued."
A roll call vote resulted as follows:
Mr. Bartlett layel Mr. Waldman layel
Mrs. Leng layel Mr. Ward laye'
Mrs. Rome Waye'
Mr. Bartlett stressed that the Town Commission be advised that the
reasoning for the DNR was because the request was being made to extend
the seawall beyond the CCCL. The Planning Board would request that the
Town Commission support this application and submit its letter of no
objection to the DNR at the appropriate time. The Ambassadors East and
Beach Walk East Condominium Associations will also be urged to support
this proposal in order to insure protection to their properties upon the
erection of the proposed seawall. The Board requested that a copy of
this motion be attached to all four copies of the plans so that there
would be no misunderstanding or confusion as to the approval given by
this Board.
There being no further business to come before the Planning Board, the
meeting adjourned at 11:40 A.M.
APPROVED:
D. R. Rome, Ch-a-Trffian
Y
J --E Ward, Vi� Chairman
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