1994.02.09_PB_Minutes_RegularTOWN OF HIGHLAND BEACH
• PLANNING BOARD
REGULAR MEETING - MINUTES
Wednesday, February 9, 1994 9:30 A.M.
Chairman Robert L. Lowe called the Regular Meeting to order in Com-
mission Chambers at 9:30 A.M.
Deputy Town Clerk Doris Trinley called the roll. Present were the
Chairman, Vice Chairman Leonard D. Bell and Regular Members James F.
Morrill, William Maltz, Felix R. Goldenson and Michael W. Hill. Regu-
lar Member Domenic Marino was absent.
Also present were Town Attorney Thomas E. Sliney and members of the
general public; Building Official Lee Leffingwell was absent.
Upon MOTION by MR. MORRILL/MR. MALTZ, Minutes of the November 10, 1993
Regular Meeting were unanimously approved.
At this time, Chairman Lowe announced an addition to the agenda under
New Business regarding an amended site plan review for a single family
residence at 2444 S. Ocean Blvd., Lot 129W(South). There was no
objection.
NEW BUSINESS
Amended Site Plan Review for a Single Family Residence at 2444 South
Ocean Boulevard, Lot 129W(South). Submitted by H. Frank Lahage &
Assoc., Inc. for Gardner (owner).
Architect John Conway addressed the Board, explaining the changes to
be made, which included roofing material, pool and pool deck and
second floor layout. He advised the roofing would be changed from
t he to copper; the shape and design of the pool, but not its
location, had been changed; and changes to the second floor had
necessitated the removal of one (1) balcony, which faced an interior
courtyard.
Guy Flora, Project Manager, presented pictures of various roofs which
employed copper and a sample of the proposed material was made
available.
The members convened to the table where discussion and review of plans
took place with Messrs. Conway and Flora. Concluding same, it was
determined that the Planning Board's purview extended only to the
changes to the pool and the second floor layout; the change in roofing
material would need to be addressed by the Community Appearance Board.
Planning Board
Regular Meeting - Minutes
February 9, 1994 Page 2 of 3
•
MOTION by MR. GOLDENSON/MR. MORRILL, was then made as follows:
THE PLANNING BOARD APPROVES AMENDED SITE PLANS FOR A
SINGLE FAMILY RESIDENCE AT 2444 S. OCEAN BLVD., LOT
129W(SOUTH) RELATIVE TO THE POOL AND POOL DECK AND
SECOND FLOOR LAYOUT. SUBMITTED BY H. FRANK LAHAGE &
ASSOC. FOR GARDNER (OWNER); COMMISSION NO. 0593112,
REVISED 2/4/94, SHEETS 1 THRU 12.
The Motion met with unanimous favorable vote.
NOTE: A copy of the Building Official's memo to the Planning Board
stating that the changes met all Code requirements is attached
to and made part of these Minutes.
Consideration of Repeal of Section 6.4(f) of Chapter 30 (Town Zoning
Code).
Attorney Sliney advised this issue had come about as a result of a
letter received by the Town Commission in late December 1993 from
Attorney Margaret L. Cooper on behalf of her client, Ocean Properties,
owners of the Holiday Inn at 2809 S. Ocean Boulevard. The letter
cited an amendment to the Town Zoning Code in 1984, which requires re-
moval of all non-residential, non -conforming uses within 40 years of
date of construction, and asked that consideration be given to
deleting this section [6.4(f)] from Code. Mr. Sliney also pointed out
for the record that the letter was factually incorrect in that it
noted "As the Holiday Inn is the only non-residential use in the
Town, it is the only property affected by Section 6.4(f)." He noted
that several other properties had been or would be affected by this
Section (Sunny Surf, Third Wind, Sea Cliff, Dolphin Apartments, etc.).
Further, Mr. Sliney explained that the Town Commission had requested
the Planning Board review the matter and transmit their recommendation
to the Commission after a publicized Public Hearing had been held.
Attorney Cooper next addressed the Board, giving a brief history of
how Town zoning codes from approximately the early 1970's had affected
the Holiday Inn, and concluding that since the Inn serves a unique and
useful purpose to the Town, it would be appropriate for the members to
recommend repeal of Section 6.4(f). She also mentioned that repeal of
the Section would be an incentive to keep the Inn and the property in
good order, noting the owners would hardly be inclined to make any
improvements to buildings whose use was scheduled to be 'discontinued'
in a few years.
Michael Walsh, one of the owners of Ocean Properties, also spoke on
behalf of the Inn, which he advised is but one of approximately 30
hotel -type properties his family owns. He answered questions posed by
• the panel to their satisfaction and noted that in his opinion the
restrictions of Section 6.4(f) adversely affected the business's
value, as well as made loan financing for upgrades, etc., more
difficult.
Planning Board
Regular Meeting - Minutes
lebruary 9, 1994
Paqe 3 df 3
After further discussion and deliberation, MR. GOLDENSON/MR. HILL made
the following MOTION:
THE PLANNING BOARD WILL HOLD A PUBLICIZED HEARING ON
MARCH 9, 1994, AT 9:30 A.M., TO CONSIDER RECOMMENDING
REPEAL OF SECTION 6.4(f) OF CHAPTER 30 (TOWN ZONING CODE).
Unanimous favorable vote followed.
NOTE: A COPY OF MS. COOPER'S 12/23/94 LETTER REFERRED TO HEREIN,
AND A COPY OF THE APPLICABLE TOWN CODE ARE ATTACHED HERETO
AND MADE PART OF THESE MINUTES.
There being no further business to come before the Board at this time,
the meeting was adjourned upon MOTION by MR. MORRILL/MR. MALTZ at
10:20 A.M.
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