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1990.06.13_PB_Minutes_Regular (2)-• s I TOWN OF HIGHLAND BEACH PLANING BOARD REGULAR MEETING - MINUTES Wednesday, June 13, 1990 9:30 A.M. The Regular Meeting of the Planning Board was called to order by Chair- man John E. Ward at 9:30 A.M. in Commission Chambers. Deputy Town Clerk Doris Trinley called the roll. Present were the Chairman, Regular Members Arthur R. Keller, Harold R. Hagelmann and K. Gika and Alternate Members Abraham Futernick and Arthur J. Kiefer. Regular Member Amelie Leng was absent; therefore, Mr. Futernick sat as a Regular Member for this meeting. Also present were Building Official Harry Heithaus, Town Attorney David K. Friedman and members of the general public. Chairman Ward welcomed new Regular Members, Messrs. Hagelmann and Gika, saying that the members would look forward to working with them. (Mr. Hagelmann to fill the unexpired term of Helene Harris; Mr. Gika to fill the unexpired term of A.M. Fox, Jr.) Upon MOTION by Mr. Keller/Mr. Futernick, the minutes of the Regular Meeting of May 9 and the Public Hearing, same date, were unanimously approved. Elaborating on the appointment of two new Regular Members, the Chairman explained that A.M. Fox, Jr. had resigned after the May meetings be- cause he plans to move out of the area. Helene Harris, he continued, has been seriously ill for some time and consequently had missed several meetings. Previously, he said, Mrs. Harris had asked that she receive no special treatment from the Town Commission should she have to miss more than the allowable two meetings in a row. A letter from Mayor Boulay to Mrs. Harris, explaining the necessity of appointing someone to fill her unexpired term, was read into the record by the Chairman. Before addressing New Business, Chairman Ward made a general statement regarding several reviews to be considered. He noted that every new application is presented for "preliminary" review/approval; however, if the project is for a single family residence, and the plans meet all Code requirements, the Board endeavors to give "final" review/approval at the same hearing. Yet, he cautioned, there was always the possi- bility that the Board might require both a preliminary and final review even for a single family project. Also, because he was aware that a discussion regarding two sets of sub- mitted plans would need to take place, Chairman Ward, with the members' consent, amended the order of presentations in the interest of time and the other applicants. Planning Board • Regular Meeting - Minutes June 13, 1990 Paqe 2 of 6 I� NEW BUSINESS Preliminary Review for Second Floor Addition to Existing Single Family Residence at 3519 S. Ocean Blvd., Lot 82E. Submitted by Gregory Miklos, Architect, for Germain/Owner. Architect Gregory Miklos addressed the members, stating that the plans were for the addition of a second floor, with elevator access, to an existing single family residence. He said the owner, Lawrence Germain, is elderly and suffers from a severe back problem. In answer to Mr. Ward's question, Mr. Miklos stated that a variance from the Board of Adjustment had been sought and granted regarding side setbacks. Regarding the question of a second kitchen, Mr. Miklos explained that Mr. Germain requires live-in help and this area will be only to accom- modate his being served meals on the second level. In this regard, Attorney Friedman referred the members to the Declaration of Covenants and Restrictions submitted by Mr. Germain, which attests that regard- less of its multi -family designation, the property will only be used for single family purposes. Mr. Friedman also noted that the Declara- tion would not be recorded until the Board approved the plans. The members then convened to the table for review and the members ques- tioned Mr. Miklos about various aspects of the planned additions. In answer to Mr. Gika's inquiry regarding access to the second floor, Mr. Miklos replied that this would be accomplished by an inside elevator and outside stairs. After some further discussion, the following MOTION by Mr. Keller/ Mr. Hagelmann was unanimously approved: The Planning Board recommends that plans as submitted for the addition of a second floor to the single family home at 3519 S. Ocean Blvd., Lot 82E, the residence of Mr. Germain, be approved in accordance with drawings A-1 through A-9, dated April 1990 and revised 5/22/90,Commission #10189. This approval is sub- ject to the recording of the Declaration of Covenants and Re- strictions dated 6/11/90, executed by Lawrence Germain, a copy of which document is on file with the Planning Board and the Building Official. The CONSENSUS of the members was that this hearing should also serve as Final Review of the project and Chairman Ward so informed Mr. Miklos. r • Planning Board Regular Meeting - Minutes June 13, 1990 • Paqe 3 of 6 Final Review of Amended Plans for Triplex at 4517 S. Ocean Blvd., Lot 16E. Submitted by Hawk, Fulwider, Harrell, Architects, for Denigris/ Owner. Jack Hawk represented the owner and advised the Board of the changes to the plans: 1. one(1) garage door moved from side to front. 2. addition of balconies on second floor, plus access doors. 3. section of wall near rear of structure to be built straight out, rather than angling in toward building and then out again. Referring to a deck, originally shown on these plans, that extended be- yond the CCCL and which had since been removed, Chairman Ward deemed it appropriate at this time to state for the record that the Planning Board could give no approval to any structure extending beyond the CCCL as this was DNR's jurisdiction. Building Official Heithaus told the members that the submitted changes met all Code requirements and the members then convened to the table for review. Since these were amended plans only and it was verified that the changes met all Code requirements, the members had few questions of Mr. Hawk. After a brief discussion, the following MOTION, which met with unanimous approval, was made by Mr. Hagelmann/Mr. Gika: The Planning Board recommends approval of the amended plans for triplex at 4517 S. Ocean Blvd., Lot 16E., as submitted. Job 8844, Sheets A-1 through A-5 and Sheets 8, 9, and 11, dated 5/23/90. Chairman Ward next referred to the remaining two projects on the agenda, stating that both applications contained elements in common, i.e., point of reference for height measurement since both proposed structures were planned with basements, which would require discussion among the applicants, the Board members, the Building Official and the Town Attorney. Citing Chapter 30, he then read into the record Section 5.14(g) and Section 11 of Ordinance 560, which amended Section 13.7(b) of that Chapter. (A copy of these sections is attached and made part of these minutes). Noting that these Sections had caused differences in interpretation, the Chairman invited Building Official Heithaus to give his under- standing of same. Mr. Heithaus referred to the handouts he had pre- viously distributed to the members (attached and made part of these minutes) and stated that Ordinance 560 does not address "top" or "bottom" of a foundation; therefore, he felt the "top" of a foundation wall should be used as the point of reference, measuring habitable space from same. E • Planning Board Regular Meeting - Minutes June 13, 1990 Paqe 4 of 6 Chairman Ward stated that there was disagreement among the members re- garding this interpretation, some of them being of the opinion that the bottom of a foundation should be the point for reference for measuring height. Stating that the Board would like to approve their plans, but adding that for their protection, as well as the Town's, the Code must be correctly interpreted, the Chairman invited Architects Conway and Drago to give their opinions on this matter. Mr. Conway referred to the size and shallowness of the site regarding his project, saying that one of the reasons for utilizing a basement was to accommodate park- ing. He said its walls will be poured concrete and pilings will also be employed. Mr. Conway further stated he believed this section to be a basement only and was of the opinion that the project met all Code requirements. Mr. Drago stated he felt the Code was clear and agreed with the Building Official's interpretation. Mr. Hagelmann suggested that for the protection of the applicants and the Town, a legal opinion should be obtained. Mr. Friedman replied that were a permit issued illegally, someone might have the opportuni- ty to enjoin a project from continuing. Using a next -door neighbor as an example, Mr. Friedman continued, saying that if that neighbor waited until the completion of a project about which he/she had full knowledge as the work progressed, then he/she could possibly be estoppel from any action against the owner and/or Town under these circumstances. He further noted that any ambiguity in the Code would probably go against the Town, not the property owner. Further extensive discussion took place among all concerned, with the outcome being a MOTION made by Mr. Futernick/Mr. Keller as follows: That the interpretation of the Building Official be de- clared the one the Planning Board accepts, namely, that the top of the foundation is the bottom of the floor/slab supporting the habitable space of the building. Mr. Keller asked the Building Official if this definition could be supported by dictionary definition. Mr. Heithaus replied affirmative- ly, saying this information was included in the handouts to each of the members. He then read Webster's definition of "foundation" into the record. When asked by Mr. Keller if this definition would hold up in the courts, Attorney Friedman replied that in a case where the Town did not provide a called -for definition, Webster's would be the one the courts would probably look to. A roll call vote on the Motion resulted as follows: • Mr. Futernick.......... AYE Mr. Hagelmann.......... AYE Mr. Gika...............AYE Mr. Keller.............AYE Mr. Ward...............AYE Planning Board • Regular Meeting - Minutes June 13, 1990 Page 5 of 6 Preliminary Review for Demolition of Existing Structure and Building of New Single Family Residence at 4005 S. Ocean Blvd., LOt 52E. Submitted by John D. Conway, Architect, for Ramaglia/Owner. Mr. Conway stated that this would be a two-story structure, utilizing approximately 5,000 sq.ft. In their review of the plans, the members found them acceptable to Code having only one major question regarding a second sink in the pantry. Mr. Heithaus explained that this was to be a bar sink only, not a second kitchen sink; therefore, it was within Code requirements. Regarding the use of pilings, Mr. Conway said that the construction would go to bedrock. After some further discussion, a MOTION by Mr. Futernick/Mr. Gika was made, and carried unanimously, as follows: The Planning Board approves the plans for the demolition of existing structure and building of a new single family residence at 4005 S. Ocean Blvd., Lot 52E, as submitted by John D. Conway, Architect, dated 3/26/90, Commission No. 1289147, sheets C1 of 1 and A-1 through A-6 of 11. ! It was the CONSENSUS of the members that this review also serve as a . final and Chairman Ward so informed Mr. Conway. Preliminary Review for Demolition of Existing Structure and Building of a New Single Family Residence at 4217 S. Ocean Blvd., Lot 32E. Sub- mitted by James Drago, Architect, for Scoroposki/Owner, Noting a variance had been granted on this property by the Board of Ad- justment, Chairman Ward asked Mr. Drago to explain same. Mr. Drago re- plied that the variance granted side setbacks from 20' to 12' and frontyard setback from 40' to 351. Attorney Friedman noted that the variance was granted for a single family structure only. Mr. Drago al- so noted that this structure will replace an 11-unit apartment building (Third Wind). The members convened to the table to review the plans. Regarding a dune walkover for the property, Mr. Ward noted this was obligatory in accordance with Ordinance 577. Mr. Heithaus assured the members that the height of the structure, as measured from the top of the founda- tion, was within Code. After some further discussion, a MOTION was made by Mr. Hagelmann/ Mr. Gika, carried by unanimous vote, as follows: That the Planning Board approve the plans as submitted for demolition of structure and building of a new single family • residence at 4217 S. Ocean Blvd., Lot 32E, as submitted by James Drago, Architect, dated 6/12/90, Sheets 1 through 5, Sheets 6-A through 9-A, Sheets 6B through 9B, Sheets 10, 11 and 12. Planning Board • Regular Meeting - Minutes June 13, 1990 Page 6 of 6 It was the CONSENSUS of the members that this review be considered Final also and Mr. Ward so informed Mr. Drago. There being no further business to come before the Board at this time, the Meeting was adjourned upon MOTION by Mr. Futernick/Mr. Keller at 11:25 A.M. J APPROVE: i John . Ward, Chairman 061c P , Arthur R. Keller arold R. H 94mann • K. Gika Abraham Futernick ATTEST • �''��� �II DATE : `)z4— / e -T dmt 0