1993.06.09_PB_Minutes_RegularC
TOWN OF HIGHLAND BEACH
PLANNING BOARD
PUBLIC HEARING/REGULAR MEETING MINUTES
Wednesday, June 9, 1993 9.30 A.M.
Chairman Robert L. Lowe called the Public Hearing/Regular Meeting to
order in Commission Chambers at 9:30 A.M.
Deputy Town Clerk Doris Trinley called the roll. Present were the
Chairman and Members Leonard D. Bell, Frank L. Colarullo, James F.
Morrill and William Maltz. Vice Chairman Arthur R. Keller was
absent. [Member Paul R. Kane, Sr. resigned from the Board effective
May 26, 1993.]
Also present were Building Official Lee Leffingwell, Town Attorney
Thomas E. Sliney and members of the general public.
Upon MOTION by MR. MORRILL/MR. COLARULLO the Minutes of the May 12,
1993 Regular Meeting were unanimously approved.
PUBLIC HEARING: Review Plans, Receive Public Comments and Make Recom-
mendation re an Existing Freestanding Mooring at 1116 Highland Beach
Drive, Block 2, Lot 10, Bel Lido. Submitted by Dr. Albert Biehl
Owner).
As per Town Code, Dr. Biehl presented receipts of certified mailings
advising of today's Public Hearing, which he had sent to property
owners within 1000 feet of his property, where the mooring was
installed.
He explained he had installed flotation pontoons for his boat without
pulling a permit because it was his interpretation that Town Code did
not specifically state this type of device needed to be permitted. He
also said that the main objection from some of his neighbors, which
ultimately led to today's hearing, was the canopy now in place on the
device, not the device itself. In this regard, Dr. Biehl admitted
that the canopy was still in place at this time because if he were
denied a permit at this Hearing, it would be easier and less costly
[he alleged the canopy and superstructure alone were worth about
$5,000] to sell the entire set-up as is; if he were granted the
permit today, he would gladly remove the canopy and its superstructure
to accommodate his neighbors' wishes.
Regarding permitting from other governmental agencies, he said the
State had exempted the device and the County had already inspected it,
indicating no expected problem.
. As a point of information, Dr. Biehl said his current boat measures
32' long and is 14' high from the water line.
. Planning Board
Public Hearing/Regular Meeting
June 9, 1993 Page 2 of 4
Building Official Leffingwell said she would have no objection to
issuing a permit for the pontoons should the Board so decide, but re-
quested their directive include permanent removal of the canopy and
its superstructure. She also advised that the Town would issue no
permit until all other pertinent governmental agency permits were on
file; in this regard she noted that Dr. Biehl would also have to check
with the Army Corps of Engineers to determine if a permit was required
from them.
Public comments were made by three of Dr. Biehl's nearby neighbors.
Richard Mendelson, Silvio Blaskovic and Henry Morris all stated that
permanent removal of the canopy and its superstructure would satisfy
the aesthetics of the area and greatly improve the "view;" none had
objection to Dr. Biehl's being granted a permit for the pontoons.
Besides these, there were no other public comments.
Substantial discussion took place, including imposing a time certain
for the removal of the canopy and its superstructure, which met with
agreement from Dr. Biehl's neighbors. In conclusion and upon advice
from Town Attorney Sliney, MR. MALTZ/MR. COLARULLO made by the fol-
lowing MOTION:
. THE PLANNING BOARD MOVES THAT THE REQUESTED PERMIT BE
ISSUED ON THE FOLLOWING CONDITIONS: (1) THE CANOPY AND
SUPERSTRUCTURE BE PERMANENTLY REMOVED WITHIN 30 DAYS OF
THIS DATE [JUNE 9, 1993] AND (2) ALL APPLICABLE GOVERN -
PERMITS HAVE BEEN APPLIED FOR AND GRANTED.
Roll call met with unanimous favorable vote.
REGULAR MEETING: Amended Site Plan Review for Conversion of 10 Units
o a TrT_pT_ex___a_t 3535 S. Ocean Blvd., Lot 78E. Submitted by Donald E.
Bryan, Architect for Antonacci (Owner).
Mr. Bryan addressed the Board, giving a background' of the project,
which included his taking over from the original architect, and
explaining some of the changes made. He advised that although the
changes were extensive, the "envelope" or "footprint" of the existing
structure being renovated was not altered.
Lengthy discussion took place, during which Ms. Leffingwell advised
that one of her concerns had been identifying exactly where the
parking spaces would be located. She said the original renovation
called for 8 spaces, but now had been reduced to 6, located in a
"parking court" utilizing brick pavers which she would not require
being lined or striped. However, because these would be considered 3
individual townhouses, which in effect could be sold separately in the
future, she had required that one of the spaces be designated and
sized for handicapped use per current law. She also said that "as
built" drawings would be required due to the multiple changes.
Planning Board
Public Hearing/Regular Meeting
• June 9, 1993 Page 3 of 4
The members then convened to the table to review plans; questions were
were answered to their satisfaction.
Concluding discussion and review, MR. MALTZ/MR. MORRILL made the fol-
lowing MOTION:
THE PLANNING BOARD APPROVES AMENDED SITE PLAN FOR CONVERSION
OF 10 UNITS TO A TRIPLEX AT 3525 S. OCEAN BLVD., LOT 78 EAST.
SUBMITTED BY DONALD E. BRYAN, ARCHITECT FOR ANTONACCI (OWNER);
BRYAN & ASSOCIATES, COMMISSION NO. 92-052, DATED 5/26/93,
SHEETS SP1, Al THRU A4, E1 THRU E5, P1 THRU P3, M1 THRU M2.
Roll call met with unanimous favorable vote.
OTHER
Attorney Sliney advised that nothing has been received in writing from
Robert Eisen regarding his address to the Town Commission at their May
Workshop meeting concerning a release of Unity of Title on lots 129E
(North and South). It was noted that should Mr. Eisen and his
associates want to proceed, they would first have to go before the
Planning Board who, in turn, would make a recommendation to the Town
Commission.
Noting Paul Kane's resignation due to personal reasons that necessi-
tated his missing three consecutive meetings, Chairman Lowe said he
had asked that the Town Commission consider reappointing Mr. Kane on
his return. This led to a discussion of the "3 -absences and you're
out" rule as set forth in Section 20.26 of Town Code. It was the con-
sensus of the members that the rule should be amended to allow the
Chairman discretion to excuse absences based on individual circum-
stances.
For the record, it was also noted that as of today, there has been
nothing in writing submitted to the Building Department regarding a
Special Exception Meeting regarding Aldo Ruscito's request for a boat
lifting device to be installed at his residence (4229 Intracoastal
Dr . ) as per Town Code Chapter 30, Sec. 5.2(d)(2) and Sec. 10. It was
also noted the Building Department had been in touch with Mr.
Ruscito's representative for the project, Howard Montgomery of BK
Marine, and was advised by Mr. Montgomery that they are awaiting
drawings.
There being no further business to come before the Board at this time,
the meeting was adjourned upon MOTION by MR. MALTZ/MR. BELL at
11:00 A.M.
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Planning Board
Public Hearing/Regular Meeting
• June 9, 1993 Page 4 of 4
ATTEST
DATE: