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1990.11.14_PB_Minutes_RegularTOWN OF HIGHLAND BEACH PLANNING BOARD REGULAR MEETING - MINUTES Wednesday, November 14, 1990 9:30 A.M. Chairman John E. Ward called this Regular Meeting of the Planning Board to order in Commission Chambers at 9:30 A.M. Deputy Town Clerk Doris Trinley called the roll. Present were the Chairman, Regular Members Arthur R. Keller and Harold R. Hagelmann and Alternate Member Abraham Futernick. Regular Members Amelie Leng and Helene Harris were absent. In light of these absences, Mr. Futernick sat as a Regular Member for this meeting. Also present were Building Official Harry Heithaus and members of the general public. Since the Board had not met since June, the minutes submitted for ap- proval were reviewed by the members. After some discussion, the fol- lowing were approved with unanimous vote: June 13 Regular upon MOTION by Mr. Hagelmann/Mr. Futernick June 13 Public Hearing upon MOTION by Mr. Futernick/Mr. Hagelmann June 20 Special upon MOTION by Mr. Keller/Mr. Hagelmann NEW BUSINESS Amended Site Plan Review for Existing Single Family Residence at 3519 S. Ocean Blvd., Lot 82E. Submitted by Gregory C. Miklos, Architect, for Germain (Owner). Mr. Miklos approached the Board and explained why the plans had been amended. He said that when bids were received to implement previously approved plans, the owner found the cost to be prohibitive and decided to reduce the scope of the project. Mr. Miklos advised the changes included elimination of the elevator since the owner, who is in ill health, will now occupy the ground floor only; therefore, plans to add a complete second floor were also changed. Now, Mr. Miklos said, only a partial second floor will be added over the garage area to be uti- lized as quarters for live-in help; there will be no kitchen facilities in this area. Building Official Harry Heithaus addressed the Board, saying that the amended plans were in compliance with Code and the variances previously granted by the Board of Adjustment. The members then convened to the table to review the amended plans, where Mr. Miklos pointed out the changes to them. After some discus - Sion, a MOTION was made by Mr. Hagelmann/Mr. Keller as follows: Planning Board Regular Meeting - Minutes November 14, 1990 Page 2 of 4 The Planning Board approves amended site plans for the existing single family residence at 3519 S. Ocean Blvd., Lot 82E, submitted by Gregory C. Miklos, Architect, for Germain (Owner); Commission 7190, dated 9/28/90. These plans supercede any previously submitted plans. The Motion met with unanimous approval. OTHER BUSINESS Chairman Ward read into the record a memo he had received from Mayor Boulay asking the Planning Board to review and hold public hearings on a draft ordinance which would amend Section 8.1 of Chapter 30. A draft of the proposed ordinance, prepared by the Town Attorney, ac- companied the memo and Mr. Ward read the pertinent change into the record also. (The memo and the draft are attached to and made part of these minutes) . Specifically, the change had to do "demolition permits" not being cate- gorized as "building permits." However, Mr. Ward was of the opinion that the Planning Board had already accomplished this in the language of Ordinance No. 574, which was adopted by the Town Commission on January 17, 1989. He then read into the record Section 8.1 of Ordi- nance No. 574: No building or other structure requiring a permit shall be erected, moved, demolished, added to or structurally altered without the appropriate site plan approval and building permit being issued. No separate piling permits will be issued. The members agreed with Mr. Ward's assessment of what the Board had al- ready done. If it was the Town Commission's wish that this wording needed to be further clarified, Mr. Ward offered, it would appear the addition of one sentence to Section 8.1 in Ordinance No. 574, which is reflected in the recent draft ordinance should suffice, namely: Demolition permits will not be construed as building permits for the purpose of this section. Discussion followed, which included Mr. Heithaus explaining the events which led up to the draft ordinance. He said that sales trailer re- quests had to have Town Commission approval and recently such a re- quest had been made for property at 3425 S. Ocean Blvd., Lot 90E. Mr. Heithaus continued, saying that in his interpretation of Code, in- cluding Southern Standard Building Code, demolition permits and build- ing permits were in the same category. Therefore, Mr. Heithaus said he granted a "demolition" permit for Lot 90E, which in effect allowed the owner to go before the Town Commission with a "building" permit to request a sales trailer, which the Commission approved at its Regular r Meeting of October 3, 1990. Planning Board Regular Meeting - Minutes November 14, 1990 Page 3 of 4 Following this, Mr. Heithaus continued, the Commission called a Special Meeting, held on October 17, wherin it rescinded the approval previous- ly given on October 3. He added that during the course of the Special Meeting the need to clarify the difference between "demoliton permit" and "building permit" was discussed by the Commission and they asked the Town Attorney to draw up the draft ordinance now before the Plan- ning Board. Mr. Heithaus concluded his remarks by advising that also during the Special Meeting the Commission, upon advice of Town Attorney, deemed that the judgment of the Building Official be recognized in this case and that the sales trailer could be installed with the proviso that the Building Official take the responsibility for the issuance of the demolition permit as a building permit (6-month limitation). For his part, the owner stated for the record that should the project not go forward, all landscaping would remain and the area where the trailer would be removed would be landscaped to minimum Code requirements. Mr. Ward noted that in reviewing the Code for the draft ordinance, it would appear an outdated ordinance had been referred to; he reiterated that the Planning Board had addressed this issue in Ordinance No. 574, saying that if it were actually necessary to amend the ordinance, the simple sentence noted previously in these minutes (as written in the draft) should suffice. IsIn this regard, the Chairman asked the members for a consensus on the approach to the Town Attorney regarding an amendment to Ordinance No. 574. It was unanimously agreed that Mr. Ward write a memo to Mr. Sliney expressing the Board's thoughts on this matter (a copy of which is attached to and made part of these minutes). Building Official Heithaus requested that he would like to see "by the Planning Board" inserted after "appropriate site plan approval" and asked Mr. Ward to include this possibility in his memo to Mr. Sliney. In light of the foregoing discussion, Chairman Ward asked the members to express their opinions on the complexity of following Chapter 30 in its present state, i.e., many ordinances affecting the Code, but not yet incorporated in a printed text, thereby necessitating anyone who must interpret Chapter 30 to search for pertinent information among individual ordinances. It was the CONSENSUS of the members that it was indeed difficult for the Planning Board to approach their work in an clear and informed manner, bearing in mind the responsibility of their actions, when information on Chapter 30 was dispersed in such a way. After some further discussion, which included the length of time some of the ordinances not yet incorporated into text had been in effect, i.e., over two years, a MOTION was made by Mr. Hagelmann/Mr. Keller as follows: The Planning Board requests that Chairman Ward write a letter • to the Town Commission expressing its disapproval at the delay in recodification of Code, specifically as it pertains to Chapter 30. The Motion met with unanimous approval. Planning Board itRegular Meeting - Minutes November 14, 1990 Page 4 of 4 n U Regarding Public Hearings required to implement a recommendation for an amendment to Ordinance No. 574, Mr. Ward suggested they be held immedi- ately following the Regular Meetings of December 12, 1990 and January 9, 1991. He said he would get in touch with Town Attorney Ken Zeilburger to set up newspaper publication of the hearings. There being no further business to come before the Board at this time, the meeting was adjourned upon MOTION by Mr. Hagelmann/Mr. Futernick at 10:20 A.M. ATTEST: DATE: dmt APPROVE: Jo E. Ward, Chairman Arthur R. Keller Absent: Amelie Leng Helene Harris