1991.02.13_PB_Minutes_Regular0
TOWN OF HIGHLAND BEACH
PLANNING BOARD
REGULAR MEETING - MINUTES
Wednesday, February 13, 1991 9:30 A.M.
Chairman John E. Ward called the 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 Amelie Leng, Helene Harris and Harold
Hagelmann and Alternate Members Abraham Futernick and Paul R. Kane, Sr.
Since at this time the Board was comprised of only four (4) Regular
Members, Senior Alternate Abraham Futernick sat as a Regular Member.
Also present were Building Official Harry Heithaus and members of the
general public.
Upon MOTION by Mr. Hagelmann/Mrs. Harris, the Minutes of the January 9,
1991 Regular Meeting were unanimously approved.
Amended Site Plan Review for Single Family Residence at 2425 S. Ocean
Blvd., Lot 130E. Submitted by T.C.B. of South Florida for Marcy
• (Owner)
Charles Williams represented the general contractor, T.C.B., but
Nicholas Barbrie, architect for the project, spoke to the changes in-
volved. He explained that these included an enclosed "lookout" space
above the main structure and a fireplace in the master bedroom area on
the ground floor. The enclosed space, he said, would be approximately
240 sq. ft. and afford views of both the ocean and the Intracoastal.
When questioned by the members, the Building Official replied that the
proposed enclosure was within Code requirements in that it did not
exceed the maximium 250 sq. ft. allowed or the 35' height allowed.
After some further discussion and plan review, a MOTION was made by
Mr. Hagelmann/Mrs. Leng as follows:
THE PLANNING BOARD APPROVES THE AMENDED SITE PLAN FOR A
SINGLE FAMILY RESIDENCE AT 2425 S. OCEAN BLVD., LOT 130E,
AS SUBMITTED BY T.C.B. OF SOUTH FLORIDA FOR MARCY (OWNER),
AS NOTED ON SHEETS 8-A AND 8-B-OF THE PLANS.
The MOTION carried unanimously.
LOT 31E
Although not included as an agenda item this morning, Chairman Ward
noted for the record that James Drago, architect for the single family
residence on Lot 31E - which plans had already been approved by the
Planning Board
Regular Meeting - Minutes
• February 13, 1991 Page 2 of 3
Board - was in attendance at the meeting and had requested to discuss a
change to the plans concerning a roof overhang on the east side of the
structure. There was no objection from the members.
Mr. Drago explained that the owner had requested the change in order to
improve the aesthetic appearance of the house ("squaring" the roof
line), as well as give some coverage for the patio area. The addition
of the overhang, he said, would be angled, with the widest section be-
ing 61. Because it would extend over the CCCL, Mr. Drago also advised
that he had already obtained written approval from the Department of
Natural Resources and the Department of Environmental Resources
Management. He questioned if he would need approval from the Board as
well.
The Building Official then joined the discussion, saying that in a pre-
vious discussion with Mr. Drago, during which he consulted Chapter 30,
(Sections 4.2(7) and 5.14 (A,B), it would appear that the Planning
Board would not be in a position to approve this change. The members
agreed with this assessment since nothing beyond the CCCL is under the
Board's jurisdiction; it was suggested that perhaps a variance should
be applied for through the Board of Adjustment.
Mr. Drago thanked the members for hearing him, but offered the opinion
that in this instance he felt Chapter 30 was unclear to the extent that
the wording in these sections could disallow the Board's approval of
the change.
Following further discussion, it was the CONSENSUS of the members that
the Town Attorney's legal opinion should be sought in this instance,
with a memorandum to that effect transmitted by the Chairman. (A copy
of the memorandum is attached to and made part of these Minutes.)
OTHER
Chairman Ward made a statement for the record regarding Town Commission
action at their last Regular Meeting (February 5) when re -appointment
of Arthur R. Keller as a Regular Member of the Planning Board was de-
feated by a majority vote of 3 to 2. The Chairman's remarks included
his disappointment with this vote and the the fact that Mr. Keller had
faithfully served the Board for three (3) years, was a qualified engi-
neer who had made thoughtful and intelligent contributions to the work
of the Board during the past three years and who would continue
to be an asset to the Board. Other members of the Board agreed with
the Chairman and expressed their own disappointment with the Commis-
sion's decision.
There being no further business to come before the Board at this time,
the meeting was adjourned at 10:00 A.M. upon MOTION by Mrs. Harris/
Mrs. Leng.
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Planning Board
• Regular Meeting - Minutes
February 13, 1991 Page 3 of 3
ATTEST:
DATE:
•
•
APPROVE:Z�4
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Joh E. Ward, Chairman
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Amelie Leng
Helene Harris
Haro]A -,Haae`lma
Abraham Futernick
MEMORANDUM
TO: THOMAS E. SLINEY
TOWN ATTORNEY
FROM: JOHN E. WARD
PLANNING BOARD CHAIRMAN
DATE: FEBRUARY 13, 1991
SUBJECT: LOT 31 EAST
Jim Drago, Architect for the single family house to be constructed on
this lot, appeared before the Planning Board today requesting a over-
hang (6' in some sections) beyond the CCCL, for which he had already
received approval from the Department of Natural Resources and the
Department of Environmental Resources Management.
The Board recommended that this matter should be submitted to the Board
of Adjustment for a variance, but, in fact, we have our doubts about
the legal interpretation relating to Chapter 30, Section 4.2 (7) (page
30-5] and Section 5.14 (A and B) (pages 30-29/30-30].
Would you please review this matter with the Building Official and give
us your legal interpretation?
Thank you.
John H4 Ward
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