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1987.03.11_PB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD REGULAR MEETING - MINUTES MARCH 11, 1987 1:45 P.M. Vice Chairman Rome called the Regular Meeting of the Planning Board, Town of Highland Beach, Florida, to order in the Commission Chambers at Town Hall at 1:45 P.M. The Recording Secretary called the roll. Present were Vice Chairman D. R. Rome, M. A. Waldman, J. E. Ward, A. Leng, C. H. Bartlett (alt.) and A. Futernick (alt.) . Also present were Town Attorney T. E. Sliney, Town Clerk M. A. Mariano, Building Official B. Sutherland, Recording Secretary A. M. Kowals, R. Marshall, P. Ince, Attorney D. B. Van Kleeck, B. Turner, W. Cornell and interested Town residents. Absent from this meeting was Chairman I. S. Saunders. Mr. Ward made a MOTION, seconded by Mr. Waldman, to approve the minutes of the February 11, 1987 Regular Meeting and the February 25, 1987 Special Meeting of the Planning Board as submitted. All members were in favor of the MOTION. 16NEW BUSINESS None OLD BUSINESS Vice Chairman Rome stated the Planning Board will continue the review of a "Developer's Agreement" and preliminary site plan review application submitted by Atwell Property for single family estate residences for lots 1 thru 5 - Byrd Beach Sub -division (2355 South Ocean Boulevard). Members acknowledged receipt of a copy of letter addressed to Chairman I. S. Saunders, from Mayor Edward J. Sullivan, thanking the members for their efforts and service to the Town of Highland Beach. Town Attorney Sliney informed the members that he met with Mr. Marshall and his attorney, David Van Kleeck, to go over some problem areas. The main problem is the Town's regulation concerning removal with a concurrent building permit being necessary for that removal. The Building Official verified that is the correct policy and that is the way it was operated in the past. We are blocked by this regulation and whatever can be done about it can only be done by the Town Commission. It has been the Town policy for a long time to require a concurring building permit before allowing people to physically clear and remove the land, continued Attorney Sliney. PLANNING BOARD Regular Meeting - Minutes March 11, 1987 Paae 2 of 7 When Vice Chairman Rome questioned Section 2 in the Declaration of Covenants and Restrictions (Ownership Limits), Attorney Van Kleeck said it was included to limit a situation in which there could be an unlimited number of people using the premises. These are not the kind of residences that companies can afford as vacation home for employees, continued Attorney Van Kleeck who added that he had no objection to adding a paragraph stating there will be no uses of these on a time- sharing or similar basis. Mr. Waldman pointed out that these are just articles of declaration that are subject to amendment at a later date by the owners so the Board is just wasting time with that. Members agreed with Mr. Waldman and continued with their review of the Agreement to Induce Building Permit. Attorney Van Kleeck said the use of the word 'common property' does not mean there is any part of the land which is owned in common by all owners (they have common use rights to have access to their respective lots) but the underlying ownership of the land is not in association --it is all privately owned single family residences. When Mr. Ward questioned slab construction of the homes and the use of a seawall, Mr. Marshall explained soil tests were taken on the site and found that the area is coral rock and as such pilings are not necessary. AM Likewise, a seawall would be superfluous as the bluff will be MW approximately 20' above sea level, continued Mr. Marshall. Vice Chairman Rome added the Department of Natural Resources says you're better off without a seawall. Building Official Sutherland said the zoning states that if you do not have a seawall, you can not put the building slab lower than an elevation of 18' above mean sea level. They indicated an elevation of 20'. The problem is we can not issue a permit without a building permit, continued Mr. Sutherland. When Vice Chairman Rome said the big stumbling block is the clearing of the land (the bulldozing they want to do), the Building Official said it goes against the code of the Town. If they want to clear the land or put in pilings, they have to have a building permit (a purpose for doing it), continued the Building Official. When Mrs. Leng asked if it would be possible for Mr. Marshall to put in the whole driveway system (the shellrock road) and Mr. Ince's pad and leave the others alone; and, go ahead as we normally would on Mr. Ince's property as we have his architectural plans, Mr. Marshall answered that it is possible and he would be ready to do that immediately. However, that means cutting 5 to 6' off the present grade to get the shellrock road at level. Ince's lot has the biggest pile of dirt in the wrong spot so we will be taking that front dome of land and putting it back on that lot because as you go towards the water, that lot is the lowest as it has been dug out. Lot 3 would act as a tunnel, said Mr. Marshall. PLANNING BOARD • Regular Meeting - Minutes March 11, 1987 Page 3 of 7 Building Official Sutherland said this is a common plat of five lots with one road joining them together. It is very difficult to work on one at a time without making either a tunnel effect or a mountain on one side and a drop on the other. Vice Chairman Rome said the Planning Board Members went through the "Agreement to Induce Building Permit" and made changes and she does not know what the stumbling block was on that agreement with the Town Commission. Town Attorney Sliney said the Town Commission is aware of what is going on but the Agreement has not been formally discussed at that level. It was suggested by the Town Attorney that the Planning Board give its consensus of recommendations in a memo to the Town Commission because if this matter goes forward, the Town Commission must sign the "Developer's Agreement". Mr. Ward added any recommendation should include the fact that all members are in favor of the project and would like to see it go ahead -- the only obstacle is the technical one about proceeding with work without building permits. When Mrs. Leng asked if the Board were to recommend to the Town • Commission that Mr. Marshall grade the lots and make five pads, would Mr. Marshall be willing to sod and sprinkle those pads until they are sold, Mr. Marshall said that was addressed in paragraph (o) of the Agreement to Induce Building Permit. Landscape Architect Bernard Turner recommended the use of Bahia Grass for coverage on these pads to prevent the sand from blowing around between the time the pads are cleared and construction begins. Irrigation can be accomplished with a portable water system. After Bahia Grass gets rooted, it will survive and do well without maintenance. When questioned, Mr. Turner said temporary irrigation would be 30 to 60 days. Mr. Waldman said he is very familiar with Bahia Grass; it does not require much water and it is very good for this particular problem. Mr. Turner noted Bahia Grass has been used in pastures, roadsides, etc., with no irrigation whatsoever and it has a good survival rate; irrigation is no problem. Portable irrigation would be best because it could be moved from lot to lot, continued Mr. Turner. Mrs. Leng requested that portable irrigation be added under paragraph (o) of the Agreement to Induce Building Permit. In order to move the matter forward, Town Attorney Sliney said he is suggesting the members collect all their recommendations in a memo and send it to the Town Commission as the final documentation will have to be done by the Town Commission. Vice Chairman Rome stated the members will review plans for Mr. Ince's 40 home to be constructed on lot 3. Building Official Sutherland said upon PLANNING BOARD Regular Meeting - Minutes March 11, 1987 Page 4 of 7 advising Mr. Ince the plans were incomplete, Mr. Ince made some corrections and additions which he brought to this meeting with additional information regarding the heights, setbacks, etc. Mr. Waldman suggested members finish one project before going on to something else. Let's take care of Mr. Marshall and the recommendations that we want to make to the Town Commission. The members reviewed the "Agreement to Induce Building Permit" and agreed to the following changes: Page 1, paragraph 2, section (b) to read "To the extent not then previously done, demolish the existing gatehouse and pad, and remove the resulting debris". Page 2, paragraph 2, section (k) to read "To the extent not then previously done, install and repair the existing lighting system on the exterior west wall, all according to the attached plans". Page 2, paragraph 2, section (o) to read "Within 120 days after the date of this Agreement, plant Bahia Grass on not less than the westerly 50 percent (but in no event on an intended building site) of that portion of each of the northern four lots in said • Property which lies west of the coastal construction control line, a d maintain same so that the height thereof does not exceed our inches at any time, and such grass to be sprinkled for no less than 30 days, Provided that there should be no obligation to install or m—such plantings on lots for which a residence building permit is applied for or issued (except to the extent required under such permit and after certificate of occupancy)". Page 2, paragraph 2, section (p) to read "Within 5 business days of the date of this Agreement, cause cash in the amount of $20,000 to be deposited with the Town, which funds shall be separately accounted for (and credited with interest at the highest available daily rate earned on funds invested by the Town while and to the extent said cash is held by the Town). To the extent that planting and irrigation are not done in accordance with subparagraph 2 (o) of this Agreement, the Town may cause the same to be done and utilize said cash, with accrued interest thereon, to the extent necessary to pay for same. To the extent not used for the said purpose, said cash (without interest accrued thereon) shall be refunded to the party posting same, upon completion of the planting required by this Agreement". Town Attorney Sliney said the Town Commission wants to know what the Planning Board thinks of the Agreement; they will take these recom- mendations and see what can be worked out. PLANNING BOARD Regular Meeting - Minutes March 11, 1987 Page 5 of 7 When Mr. Ward asked if the road is legal or not, the Building Official said he thinks that road would be just as illegal as clearing all the lots --it would basically fall in the same category. Mr. Marshall explained the road will go in on grade as proposed in the engineering drawings; there's a point of land very close to A-1-A that must be moved back along the ocean so there will be a consistency of grade from A-1-A up to the ocean top. They are driveways (they do not fall into the road construction category and they are not municipal in any respect). The proposal per the Agreement is that we would put a dressed up concrete (or finished) driveway look up to the East end of the gatehouse. The rest is a shellrock which would remain until each home is completed and sold. The driveway system can be converted by digging up the shellrock and going over it, if necessary. Mr. Marshall requested authorization today from the Planning Board for the Building Official to provide them with a permit to demolish the now existing gatehouse so the landscaping and wall can then be beautified. However, continued Mr. Marshall, they would require a temporary pole for an electric timer and sprinkler motor and they would like that done today. The Planning Board Members advised Mr. Marshall that they did not have the authority to give permission to do that. Continuing, Mr. Marshall said if he had a permit for the temporary electric and a permit to demolish the building (which we all agree is • illegal), he could get in there and green up the area outside the fence, tear down the gatehouse and get the electrical lights on in the evening to make the project look as it should. We will do temporary maintenance and demolition. Mrs. Leng said she understands what Mr. Marshall is saying but the Planning Board must follow the Highland Beach Code, Section 10, prior to the clearing of land or the start of any construction in any district. Vice Chairman Rome said the Planning Board is trying to do this to the best of their ability. We are only an advisory Board and we can not give you permission to do something that is not really within the code. Attorney Van Kleeck said they have to make progress on this job; we need to do something that is visible on this job and I think we have the right to knock the building down. If we tie it to the rest of the plan, it raises a question as to whether or not we are prohibited from knocking down the building until the whole concept is reviewed and approved, which takes a lot of time; and, we want to do something to indicate to our investors that the job is progressing. All we are looking for is 'can we knock down the building, please?'. I think it is harmful to us to withhold that right from us, under these circumstances, continued Mr. Van Kleeck. When Mr. Bartlett asked if there is any reason why the Building Official can not give a permit to tear down the guardhouse, the Building Official PLANNING BOARD Regular Meeting - Minutes • March 11, 1987 Page 6 of 7 said that the Town Commission or Planning Board might take exception if he issued a permit in the middle of a discussion on a particular area. Mr. Marshall said the issuance of a permit to demolish should not be tied in with a later Agreement to let us go ahead with our total proposed overall plan. I want to accept the setting of a temporary electric meter for my sprinkler system repair and I want to treat the demolition of that building as a separate entity. When Vice Chairman Rome suggested sending a memo to the Town Commission stating the Planning Board likes the project and feels they should immediately issue a permit to demolish the gatehouse, Mr. Marshal said he is trying to get a permit prior to the Town Commission. Attorney Van Kleeck questioned the earliest date for the Town Commission to receive the Planning Board memo. Town Clerk Mariano advised the Town Commission will hold a Workshop Meeting on March 31 and a Regular Meeting on April 7. Attorney Van Kleeck said they need to start the job; we can knock down the building as a matter of right. And, we certainly think we ought to be able to fix the existing irrigation system. Town Attorney Sliney said it is his feeling that as long as the demolition permit is issued and it is clear that they are not to do is Building else, they are probably entitled to a demolition permit. The Building Official is concerned that the demolition will be used to grade and do incidentals that are not permitted. The demolition permit to be issued would strictly be to do the demolition and nothing else. With that understanding, said Attorney Sliney, I think you are entitled to a demolition permit. Attorney Van Kleeck said they had no problem with that at all. Vice Chairman Rome added it should be demolished and removed. Building Official Sutherland said he would like a Resolution from the Planning Board regarding the demolition permit. The Building Official said his main purpose is not to intrude unilaterally on the negotiations that you are having with the parties. Mr. Ward made a MOTION, seconded by Mr. Waldman, to enable Highland Beach Partners to proceed with some preliminary work without delay. The Planning Board hereby recommends the issuance of permits for the demolition of the guardhouse and the removal of resultant debris, and the installation of necessary electric accessory to repair the sprinkler system West of the existing wall, and repair the existing lighting system on the wall. All of these items are subject to necessary permits being issued by the Building Official of Highland Beach. A roll call vote resulted as follows: i .- PLANNING BOARD Regular Meeting - Minutes March 11, 1987 Page 7 of 7 Mrs. Leng 'aye' Mr. Waldman 'aye' Mrs. Rome 'aye' Mr. Bartlett 'aye' Mr. Ward 'aye' Vice Chairman Rome stated the members reviewed the "Agreement to Induce Building Permit" and agreed a note should be sent to the Town Commission saying we approve of this concept and would like them to take into consideration the "Agreement to Induce Building Permit", copy of which is enclosed with the changes made by the Planning Board and we recommend that they review it and act on it. Mr. Waldman made a MOTION, seconded by Mr. Ward, that the Board recommends to the Town Commission that the "Agreement to Induce Building Permit", dated 2-24-87, with Highland Beach Partners be adopted with such corrections as have been made by the Planning Board. A roll call vote resulted as follows: Mr. Bartlett 'aye' Mr. Waldman 'aye' Mrs. Rome 'aye' Mrs. Leng 'no' Mr. Ward 'aye' Attorney Van Kleeck thanked the Planning Board Members for their time and patience in reviewing the "Agreement to Induce Building Permit". Vice Chairman Rome invited the members to review the plans submitted by Mr. Ince for the home to be constructed on lot 3. Following much discussion which was held outside the hearing of the Recording Secretary, members commented that it was a magnificent home and agreed to include review of these plans on the agenda for the next Planning Board Meeting on Wednesday, April 8, 1987, at 9:30 A.M. It was suggested by Mr. Waldman that the discussion regarding the Growth Management Plan be included on said agenda. There being no further business to discuss, Mr. Waldman made a MOTION, seconded by Mr. Ward, to adjourn the Regular Meeting of the Planning Board. Vice Chairman Rome adjourned the Regular Meeting at 4:05 P.M. APPROVED: (Absent I. S. Sau filers, Chairman D. R. Rome, Vice Chairman R.-A. Wald an Attest: Ward Date: l/�� Amelie Leng