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1987.12.16_PB_Minutes_Special0 0 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Highland Beach; however, was advised by the Building Official, as well as the Town Attorney, that these provisions were no longer current or applicable to those structures Westward of the Coastal Construction Control Line.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). - I I li- 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 J/ A TA7 � 1LA- A -