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2013.11.13_PB_Minutes_Regular • '•� TOWN OF HIGHLAND BEACH ®r ,3• :s •C 3 i r : = MINUTES OF THE , �h'` '• "= PLANNING BOARD REGULAR MEETING Wednesday, November 13, 2013 9.30 AM Members Present: Chair Carol Stern; Vice Chair Ilyene Mendelson; Board Member Ronald Rajsky; Board Member Ronald Clark; Board Member Harvey Mart and Board Member William Svenstrup. Members Absent: Board Member Stephen Golding. Also Attending: Vice Mayor Ron Brown; Commissioner Dennis Sheridan; Commissioner Louis Stem; Town Manager Kathleen Weiser; Town Attorney Glen Torcivia; Mayor Bernard Featherman; Building Official Michael Desorcy; Administrative Assistant Rosalie DeMartino and members of the public. CALL TO ORDER Chair Stem called the Regular Meeting to order at 9:30 AM in the Commission Chambers. Roll call was taken by Administrative Assistant DeMartino followed by the Pledge of Allegiance. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Chair Stem asked for any additions or deletions to the agenda, hearing none, called for a motion to accept the agenda as presented. MOTION: Member Clark moved to accept the agenda as presented. Member Svenstrup seconded the motion, which passed unanimously. PUBLIC COMMENTS AND REQUESTS No public comments and/or requests. PRESENTATIONS No presentations. APPROVAL OF MINUTES • August 14, 2013 — Regular Meeting Chair Stern called for a motion to approve the minutes of August 14, 2013, Regular Meeting. Planning Board Regular Meeting Minutes Wednesday, November 13, 2013 Page 2 of 7 MOTION: Member Svenstrun moved to approve the minutes of the August 14, 2013, Regular Meeting as presented. Member Mart seconded the motion, which passed unanimously. Chair Stern recessed the Regular Meeting at 9:33 a.m. to have a public hearing. PUBLIC HEARING A) Application #30296 - 4404 Intracoastal Dr./ Jeffrey & Allison Rubin CONSIDERATION OF A SPECIAL EXCEPTION FOR APPROVAL OF THE INSTALLATION OF A 5,000 LB. BOAT/ELEVATOR LIFT ADJACENT TO A 5' X 48' CONCRETE DOCK. Applicant: Ray Qualmann Marine Chair Stern read the application description into the record. Chair Stern called for a motion to open the public hearing at 9:34 a.m. MOTION: Member Clark moved to open the Public Hearing; seconded by Vice Chair Mendelson which passed unanimously. Chair Stem called for Board Members to disclose any ex -parte communication; hearing none Town Attorney Torcivia administered the oath to all those who would be testifying. Staff Presentation: Building Official Desorcv presented the application to the Planning Board and explained that the proposed boat lift complies with the Town's provisions of the Code of Ordinances for the Town of Highland Beach. Vice Chair Mendelson — Why is this application a special exception? Building Official Desorcv — A Special Exception is listed in the Code Book as a boat lift requiring the Town Commission to also approve the boat lift if the Planning Board approves it. Member Raj sky — As this property is on the Intracoastal, are there any requirements for approval from the Army Corp of Engineers, EPA or other governing body besides us. Building Official Desorcv — They all have approved the boat lift and the paperwork is in the file. Member Raj sky — Are there any requirements that have to be met with the Homeowner's Association. Ron Brown, President of Bel Lido Homeowner's Association We abide by the Town Code and have no separate requirements. Member Mart — In addition to these approvals, is the County involved in this. Building Official Desorcy — The County is not involved; it is the Army Corp of Planning Board Regular Meeting Minutes Wednesday, November 13, 2013 Page 3 of 7 Engineers, National Fisheries and the Florida Department of Environmental Protection. Chair Stern asked if the Public had any questions at this time. There were none. Chair Stern closed the public portion of the Public Hearing on Application #30296 at 9:38 a.m. Chair Stern called for a motion to approve or deny Application No. 30296. MOTION: Member Clark moved to approve Application No. 30296 for the property located at 4404 Intracoastal Dr. as presented. Member Svenstrun seconded the motion. Board Discussion: None. ROLL CALL: Member Clark - Yes Member Svenstrup - Yes Member Mart - Yes Member Raj sky - Yes Vice Chair Mendelson - Yes Chair Stern - Yes Motion carried 6/0. B) Application #30263 — 4208 Tranquility Dr./Eileen & Patrick Herbert CONSIDERATION OF A SPECIAL EXCEPTION FOR THE INSTALLATION OF A 20,000 LB. BOAT LIFT ADJACENT TO A 5'X 50' WOOD DOCK. Chair Stem read the application description into the record. Chair Stern opened the Public Hearing on Application #30263. Chair Stern called for Board Members to disclose any ex -parte communication. There were none. Staff Presentation: Building Official Desorcy presented the application to the Planning Board and explained that the proposed boat lift complies with the zoning requirements of the Code of Ordinances of the Town of Highland Beach. The applicant has a permit to replace the dock and the boat lift will be installed adjacent to the new dock. Planning Board Regular Meeting Minutes Wednesday, November 13, 2013 Page 4 of 7 Vice Chair Mendelson — Is there any limit to the weight of these lifts. Building Official Desorcv — This is the maximum lifting capacity. They may not put a boat on this lift that weighs 20,000 lbs. The boat can't exceed the limits of the width of the property. Town Attorney Torcivia administered the oath to all those who would be testifying at this hearing. Petitioner Presentation: Joseph Gilio, Sea Tech Construction — The width of the property is 100 feet and I do not know the size of the boat at this time. Chair Stern — Why a 20,000 lb. lift. Mr. Gilio — I am assuming he is looking at a boat anywhere from 35 to 50 feet, give or take. Ron Brown, President Bel Lido Homeowner's Association — We had several questions about this and I called him and asked why he wanted such a big lift. He currently has a 28 ft. boat and is planning on putting a 30 ft. boat there. Mr. Herbert is an elderly man and has had problems with getting off his 28 ft. boat onto the dock. He indicated the sole reason he is doing this is so he, and his parry on the boat, can raise the boat up to the dock and step off onto the dock. He has no intention of putting in a boat larger than 30 feet. Public Statements: Jerry Marshall, 1088 Bel Lido Drive presented photos for the Board's review. One shows the shape of the canal and the projection of this boat lift into a very small area; the other is a picture of a six post boat lift on the canal. Chair Stern asked Building Official Desorcy if that is what the lift would look like. Building Official Desorcy indicated that the proposed lift is a four post lift and not like the picture shown by Mr. Marshall. The canal is 108 feet wide at the narrowest point and Highland Beach only requires an 80 foot minimum width on a canal. The new dock is 5 feet wide; the lift is 18 feet long and 12 feet wide to accommodate the boat. So, from the seawall it will be 17 feet out. Jerry Marshall — My concern is that if a barge has to get in to our canal to make repairs, there would be a problem if there are large boats on our part of the canal. I am requesting that the Board ask the applicant to put reflectors on the posts so that an oncoming boat can see it in the middle of the night. Vice Chair Mendelson — Is there anything in the code about reflectors. Building Inspector Desorcy — Only on dolphin pilings and this would not be considered a dolphin piling. If it is the Board's decision that this request be honored, I don't see a problem with the contractor putting reflective tape or reflectors on the outboard pilings or post to aid in his navigational concerns. John Rand, 4211 Intracoastal Dr . — I wonder why a 20,000 lb. boat lift is needed and that steps could be installed which would facilitate his departure to and from his boat. Planning Board Regular Meeting Minutes Wednesday, November 13, 2013 Page 5 of 7 I believe it would be an eyesore created by a four post boat lift. I understand the owner wanted to keep his boat out of the water during the summer months when he is not here to protect it from any storms. I feel it would be better if he put his boat in a dry dock facility for protection. I appreciate your consideration of my comments. Sally Shutt, 1083 Bel Lido Dr . — I have a beautiful view and feel that putting this boat lift in would be an eyesore and block my view. I object to any lift being put in on our canal. Silvio Blaskovic, 1120 Highland Beach Drive presented photos showing the Board what it looks like when there are many boat lifts on the canal. He stated that he is opposed to any lifts whatsoever; because it is an eyesore, no matter what the size. Vice Chair Mendelson — Are there any restrictions on how high a boat can be on them. Building Official Desorcy — No there are no restrictions. There is nothing in the code that addresses the height of the boat or the height of the lifting device. The lifts are used to protect the boat; keeps the bottom of the boat clean and keeps them safe from wave action. Chair Stern — Is there anything in the Code that guarantees anybody a view. Building Inspector Desorcy — No there is not. Vice Chair Mendelson — Is there a problem with adding the reflectors. Mr. Gilio — There is no problem in adding them if they would be required. Vice Chair Mendelson — My question is to Ron Brown. Since the people here today are in your Homeowner's Association and are not happy with this, it appears to me that this is a local situation and your HOA should have rules that are different than the Town's and more restrictive. Ron Brown — In our property owner's association there are 112 home sites. There are four people who got up and talked and this is not a majority. If we as a town, or if we as an association, want to stop this then we change the code. There are things addressed in the Code such as navigable waters, height above the seawall, etc. and I don't feel that we, as an association, should say no. It improves the property and improves the value for the town. Jerry Marshall, 1088 Bel Lido Dr . — There are aesthetics involved and our view is beautiful. We would like to keep it that way. Chair Stern closed the public portion of the Public Hearing on Application No. 30263. Chair Stern called for a motion to approve or deny Application No. 30263. MOTION: Member Svenstrup moved to approve Application No. 30263 for the permitted boat lift. Vice Chair Mendelson seconded the motion. Planning Board Regular Meeting Minutes Wednesday, November 13, 2013 Page 6 of 7 Board Discussion: Vice Chair Mendelson — I feel this should be approved and is a local issue and not for the town. Since the contractor does not feel it is a problem to put on the reflective tape, I think we should consider adding that to the motion. Member Svenstrun amended his motion to include reflectors or reflective tape on the outside of the lift. Member Rajsky — I believe this homeowner has the right to use his property as long as it is within the agreement of the various town codes. Town Attorney Torcivia — Yes, there is a process for special exceptions and it is your discretion to determine whether it meets the criteria on 30 -36 of your code. ROLL CALL: Member Svenstrup - Yes Vice Chair Mendelson - Yes Member Mart - Yes Member Raj sky - Yes Member Clark - Yes Chair Stern - Yes Motion carried 6/0. Chair Stern called for a motion to resume the Regular Meeting at 10:25. MOTION: Member Mart moved to resume the Regular Meeting; seconded by Member Raj sky which passed unanimously. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. ADJOURNMENT Chair Stern announced the next regular meeting is Wednesday, December 11, 2013 at 9:30 a.m. There being no further business, Chair Stern called for a motion to adjourn the meeting at 10:25 a.m. Planning Board Regular Meeting Minutes Wednesday, November 13, 2013 Pate 7 of 7 MOTION: Member Clark moved to adjourn the meeting at 10:25 a.m. Member Svenstrun seconded the motion, which passed unanimously. APPROVED: Carol Stem, Chair Ilyne Mendelson, Vice Chair 4 �' Excused Absence Ronald Clark, Board Member Stephen Golding, Board Member arve art, Board Member Ronald Raj sky, Board ember William Svenstrup, Board MembV TOWN SEAL ATTESTED: Rosalie DeMartino, Administrative Assistant Date: 1 -'z i/3