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1987.02.11_PB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD REGULAR MEETING FEBRUARY 11, 1987 9: 30 A.M. Chairman I. S. Saunders called the Regular 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 Recording Secretary called the roll. Present were Chairman I. S. Saunders, Vice Chairman D. 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 Manager H. D. Williams, Town Clerk M. A. Mariano, Building Official B. Sutherland, Recording Secretary A. M. Kowals, Attorney C. Conahan, T. Gullett, R. Marshall, P. Ince, B. Turner and interested residents. Vice Chairman Rome made a MOTION, seconded by Mr. Waldman, to accept the Minutes of the Public Hearing and Regular Meeting of the Planning Board held on January 14, 1987, as submitted. All members favored the MOTION. NEW BUSINESS Chairman Saunders announced this portion of the Regular Meeting will be a Public Hearing on the application submitted by T. Gullett for final site plan review for dolphins at 1020 Bel Air Drive (Lot No. 4 - Highland Beach Isles). Attorney C. Conahan, representing Mr. Gullett, presented proof of certified mailing to property owners within 1,000 feet of Mr. Gullett's property. Vice Chairman Rome stated a letter from Town Attorney Abrams dated January 23, 1987, advising Mr. Gullett has outstanding payments due the Town was a result of an accounting error in the Finance Department. There are no outstanding payments due the Town and an apology is due Mr. Gullett, continued the Vice Chairman. Mr. Gullett said he appreciated the apology and added the Finance Department stated Mr. Gullett pays his bills better than most in Town. Attorney Conahan distributed a copy of his letter dated February 11, 1987, addressed to the Planning Board to each member which explained that Mr. Gullett is the owner of 1020, 1024 and 1028 Bel Air Drive. A permit for a dock and two dolphins at 1024 Bel Air Drive was obtained by Mr. Gullett in 1972/73. In June of 1986, Mr. Gullett purchased 1020 Bel Air Drive and hired a ` contractor to install a dock and two dolphins at that site. It was PLANNING BOARD Regular Meeting - Minutes February 11, 1987 Page 2 of 6 Mr. Gullett's understanding that the contractor obtained a permit for the dock and new dolphins; however, the contractor obtained a permit for the dock only. Mr. Gullett wishes to obtain the permit for the two dolphins. Under the Town Code, continued Attorney Conahan, Mr. Gullett must receive permission from the Planning Board. Apologizing for the Mix up, Attorney Conahan said Mr. Gullett lives outside of Highland Beach and was out of this area when the construction was done. Under the Ordinances, continued Attorney Conahan, the Planning Board has the authority to grant this request and it is within its purview to approve this matter today. Mr. Waldman stated he and Mr. Ward visited the site and found nothing objectionable as they had complied with all regulations. The Building Official stated the dolphins are not against the Town Code and added that there are a number of other dolphins in the area. Mrs. Leng said she had no objections to the dolphins but she did want to ask if Mr. Gullett would pay for the permit. Mr. Gullett commented that he's paid to the tune of $2,000. Following the discussion, Mr. Waldman made a MOTION, seconded by Vice • Chairman Rome, that the Planning Board approve this matter and give Mr. Gullett our blessing. At the Town Attorney's suggestion, Chairman Saunders asked if there were any comments from the public. As there were none, the Chairman called for a roll call vote on the MOTION. Mrs. Leng 'aye' Mr. Ward 'aye' Mr. Waldman 'aye' Mrs. Rome 'aye' Mr. Saunders 'aye' Chairman Saunders reconvened the Regular Meeting at 9:45 A.M. with the 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 agreed the information received by the Planning Board was very meager and vague. Mr. Ray Marshall addressed the Planning Board stating he is a partner with Mr. Peter Ince who has been before the Town on various matters relating to this property. Mr. Ince owns Lot 3 and will proceed immediately to build his home as soon as all approvals are received so that all five lots will be developed at the same time, stated Mr. Marshall. PLANNING BOARD Regular Meeting - Minutes • February 11, 1987 Page 3 of 6 Mr. Marshall informed the members that the preliminary plans submitted just prior to this meeting today shows a sketch of a home on each lot (the actual plans are being prepared). This is an on going project for Mr. Ince and if he does not pursue his end of the deal, said Mr. Marshall, we can void the whole thing. Members were informed that Mr. Ince and Mr. Marshall will be using the same architect (Mr. Ince plans a 7,200 sq. ft. home on Lot 3 while Mr. Marshall is requiring a minimum of 6,000 sq. ft. of living space plus a three car garage on each of the remaining four lots). The homes will be expensive therefore owners will have the right of selection (within adherance of the Town Code). Mr. Marshall requested the members accompany him to the site so he could explain what is proposed. The new plans submitted today include the interior roadway, said Mr. Marshall, and it is their wish to start on the guard house and clean up the area. Mr. B. Turner, a landscape architect engaged by Mr. Marshall, assured the members that the landscaping will be commensurate with the properties. When Mrs. Leng asked the Town Attorney if the Planning Board Members were to follow Section 10 (page 30-50) of the Town's Zoning Code, the Town Attorney replied that we need to orient ourselves; we may require a master agreement with the Town, Mr. Marshall and Mr. Ince so we may follow the site plan review procedures. Town Attorney Sliney suggested the members review the plans then go to the area for an on site inspection. Members of the Planning Board proceeded to the table where they reviewed the preliminary plans that were received just prior to the meeting and held discussion outside the hearing of the Recording Secretary. Chairman Saunders recessed the Regular Meeting of the Planning Board at 10:15 A.M. to allow members to make the on site inspection of the area. At 10:55 A.M., Chairman Saunders reconvened the Regular Meeting. Vice Chairman Rome objected to the size of the guard house and stated she would like to see it fall within the specifications of the zoning code. When Mr. Marshall said he was not aware that it did not comply with the code, Mrs. Leng stated Section 13.13 (page 30-60) of the Town Code covers the guard house. Following some discussion regarding the guard.house, Mr. Marshall said he would have no problem with the suggestion that the existing structure be removed. When Vice Chairman Rome questioned if it was within the jurisdiction of the Planning Board to give approval for grading and road work, Town 40 Attorney Sliney stated he is concerned about the extent of this matter PLANNING BOARD Regular Meeting - Minutes February 11, 1987 Page 4 of 6 and would like to get it tied down before the Planning Board gives any approval for that site. Town Manager Williams advised the members that he met with the Town Attorney, Building Official and Mr. Marshall two days this week and they recognize this is good for the Town; however, there have to be some restraints (it should be tied in with Mr. Ince) and within a week or so that can be ironed out. Members were informed that the Unity of Title was taken care of legally; the Town Commission agreed and the Unity of Title was released - the property can only be used for single family - the East and West are not tied in together, per Town Attorney Sliney. When Mr. Ward commented that the Planning Board will meet in a month and he sees no problem with the developer starting with the grading and knocking down the guard house, Town Attorney Sliney said it is necessary to know what they are going to grade, how far it will be graded, what is coming down; then, Attorney Sliney said he will do the legal work for the "Developers' Agreement". The Town Manager said the Town Commission will hold a Workshop Meeting on February 28, at which time the "agreement" could be worked out. Town Clerk Mariano stated the "agree- ment" must be approved by the Town Commission. • The Building Official added that this matter would have to come back to the Planning Board for a site Plan review following the approval of the "agreement". Mr. Waldman suggested the Planning Board hold a Special Meeting to expedite this matter. Vice Chairman Rome said if the Special Meeting were held on February 25, Mr. Marshall could submit more accurate plans for the guard house, driveway, common wall with landscaping inside and outside said wall, all papers would be worked out and the Planning Board could then approve the grading and road. Then, the Town Commission would take up the matter at their March 3, 1987 Regular Meeting, continued the Vice Chairman. When Town Attorney Sliney said he would get the "Developers' Agreement" to all parties prior to the Special Meeting on February 25, Vice Chair- man Rome then requested that the additional information requested of Mr. Marshall also be received prior to February 25. Mr. Marshall agreed to comply with that request. Town Clerk Mariano explained that the Planning Board is addressing things that are not specifically provided for in the Town Code therefore a "Developers' Agreement" is needed and it can only be authorized and approved by the Town Commission. Vice Chairman Rome explained the time frame to Mr. Marshall - the 40 Planning Board will hold a Special Meeting on February 25; Mr. Marshall PLANNING BOARD Regular Meeting - Minutes February 11, 1987 Page 5 of 6 will then appear before the Town Commission Regular Meeting on March 3 and he will then come back to the Planning Board Regular Meeting on March 11, 1987 for final site plan approval. Mr. Marshall informed the Planning Board Members that he will have the necessary items ready for submission by February 20, so members will have time to study same prior to the Special Meeting. Chairman Saunders announced the Planning Board will hold a Special Meeting on February 25, at 9:30 A.M. to review the "Developers' Agree- ment" (for the three parties - Mr. Ince, Mr. Marshall and the Town). The members will also review the required items that are to be submitted by Mr. Marshall, continued the Chairman. OLD BUSINESS Vice Chairman Rome said she had a question for the Town Attorney. Since the Planning Board, said Vice Chairman Rome, has been going through the Growth Management Plan for the Town and taken care of most of the areas that have not been built, we have not touched the property North of the Fire Station (the Drexel Property), at this time. Town Attorney replied that that property is in litigation. • Town Clerk Mariano commented that the Town Commission is directing the Planning Board to start scheduling the overall review of the Comprehensive Plan. Town Attorney Sliney said the Town submitted requests for proposals from city planners and has received three proposals which are being evaluated. Once the Planner is engaged, the Planning Board will review whatever needs to be addressed. The State requires the Comprehensive Plan be reviewed by January, 1988, continued Town Attorney Sliney. When Mrs. Leng asked the Town Clerk what the policy was regarding a fee for Special Meetings, it was stated that the developer pays a fee of $200. When Mr. Bartlett questioned what was taking place on the Hoffman Property, Building Official Sutherland said the Town Commission gave approval for Phase 1 which is dredging the Intracoastal for the entire length of the Hoffman/Broadview Parcel. Vice Chairman Rome said the RPUD has not been valid since July, 1985 and she can not understand the permission for the dredging. Town Attorney Sliney said Hoffman/Broadview had State permits and the local approval does not reflect that the RPUD has not expired. We agreed with them that we were in no way estopped to charge the RPUD was dead --the State elected to approve that work, continued Town Attorney Sliney, so we were stuck. 0 PLANNING BOARD Regular Meeting - Minutes February 11, 1987 Page 6 of 6 Chairman Saunders scheduled the next Regular Meeting of the Planning Board for March 11, 1987, with the agenda closing on Tuesday, February 24, 1987 at noon. As there was no further business for discussion, Vice Chairman Rome made a MOTION, seconded by Mr. Waldman, to adjourn. Chairman Saunders adjourned the Regular Meeting of the Planning Board at 11:40 A.M. ATTE Date amk APPROVED: I. S. Sauna , h irman R. Ro e, V.Chairman Mf Al Waldman J. Ward (.E� - V u-<- A. Leng