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2014.04.30_PB_Minutes_Regular :' x TOWN OF HIGHLAND BEACH Se e ' , 4 ; ':� MINUTES OF THE « = � i ,, 1oN`rr- • PLANNING BOARD REGULAR MEETING Wednesday, April 30, 2014 9:30 AM Members Present: Chair Carol Stern; Vice Chair Ilyne Mendelson; Board Member Ronald Clark; Board Member Stephen Golding; Board Member Harvey Mart; and Board Member Ronald Rajsky. Member Absent: Board Member William Svenstrup (excused). Also Attending: To Attorney Brian Shutt; Building Official Michael Desorcy; Deputy Town Clerk Valerie Oakes; and members of the public. CALL TO ORDER: Chair Stern called the Regular Meeting to order at 9:30 AM in the Library Goldstein Community Room. Roll call was taken by Deputy Town Clerk Oakes followed by the Pledge of Allegiance. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Chair Stern called for a motion to accept the agenda as presented. MOTION: Vice Chair Mendelson moved to accept the agenda as presented. Member Clark seconded the motion, which passed unanimously. PUBLIC COMMENTS AND REQUESTS: No public comments and/or requests. PRESENTATIONS: No presentations. APPROVAL OF MINUTES: • February 12, 2014 — Regular • March 6, 2014 — Special Planning Board Regular Meeting Minutes Wednesday, April 30, 2014 Page 2 of 5 Chair Stem called for a motion to approve the February 12, 2014 and March 6, 2014 minutes. MOTION: Member Rajskv moved to approve the February 12, 2014 and March 6, 2014 minutes. Member Golding seconded the motion, which passed unanimously. OLD BUSINESS: No old business. NEW BUSINESS: A. Application No. 30806 — 4222 S. Ocean Blvd. — Public Hearing CONSIDERATION OF SPECIAL EXCEPTION FOR THE INSTALLATION OF A 20,000 LB. (SEAWALL MOUNT) BOAT LIFT TO THE SOUTH OF EXISTING 69.29 FOOT WOOD DOCK IN RESIDENTIAL MULTI- FAMILY LOW DENSITY (RML) ZONING DISTRICT. Applicant: Raymond Van Duren Chair Stem read the application title into the record and opened the public hearing. The board members were asked to disclose any ex parte communication(s), hearing none, all those who would testify were sworn in by the Deputy Town Clerk. Staff's Presentation: Building Official Desorcy — For your consideration, on today's agenda, we have an application for approval for a 20,000 lb. seawall mount boatlift at 4222 S. Ocean Blvd. It will be attached to the seawall mount and adjacent to the existing wood dock. I spoke to Mr. Van Duren on the phone and told him that I would have to disclose to the Board the situation. This boat dock already is installed. It started out as a repair and it became a replacement project. The Building Department does not have a record of the existing boat lift ever being approved. We checked our records and spoke to Mr. Van Duren; however, he did not have paperwork to back up the approval of the existing boatlift. I told him that I would have to disclose that at this meeting before the Board made any considerations. I was out of town the day that we received a call from a resident that there was some construction activity over on the canal behind 4222 S. Ocean Blvd. The inspector that was on duty that day wrote a violation. This is a follow -up to the violation of working without a permit. Member Golding — Is there a fine for working without a permit? B.O. Desorcy — That would be determined, if and when, a permit is issued. We have not issued a permit yet because we need approval from the Planning Board. Member Golding — What would be the fine? B.O. Desorcy — The penalty would be four times the permit fee. Member Golding — How much would that be? B.O. Desorcv — We do not know yet. Planning Board Regular Meeting Minutes Wednesday, April 30, 2014 Page 3 of 5 Vice Chair Mendelson — On the application is shows 4222 S. Ocean Blvd. but the record documents show 4216 S. Ocean Blvd. Is it a double address? B.O. Desorcy — Mr. Van Duren owns both properties. The boatlift is installed at 4222 S. Ocean Blvd. Vice Chair Mendelson — Does the residence have two addresses? Where I see the existing wood dock and I see the residence — are they both 4222 or is one of them 4216? I am looking at the plan view boatlift and it reads 4216, and I see an existing residence. I see lot 1 and lot 2 and I see the proposed lift location that encroaches into lot 1; the existing wood dock is on lot 2. Is the existing wood dock on one address and the proposed lift on a different address? B.O. Desorcy — That is correct. There is a swimming pool that is a separate piece of property. Vice Chair Mendelson — If you were here today before it was installed, what would have been your report as to how you would have looked at it? B.O. Desorcy — Based on the paperwork, all of the requirements would have been met such as the setbacks and technical requirements. Petitioner's Presentation: Bruce Cardish, Boat Captain/Property Manager — I work for Mr. Ray Van Duren. I am there every day, five days a week. This project began as a repair of the existing boatlift that was there for roughly 27 years. We noticed that some of the main high beams started to corrode away. We started inspecting it and one thing led to another and he decided to go ahead and replace it with a brand new boatlift. He was under the impression that seeing how an existing boatlift was there that it would not be an issue to replace it with a new lift. When it was brought to our attention, the work had stopped and we went ahead and submitted all of the proper documentation/paperwork that was required by the Town of Highland Beach to finish out the project. Chair Stem — That was after it was all completed. Don't you think it would be prudent to come to the Town Hall and make sure that you didn't need a permit? Mr. Cardish — Like I said ma'am, he was under the impression that with an existing boatlift, taking it out, the new boatlift is exactly in place of the original boatlift. Public Statement(s): Dr. Steven Glanz, 4215 Tranquility Dr. — I live directly across Mr. Van Duren's property. He is a very good neighbor. I have talked to other people on the canal and everyone is fine with the boatlift. It has been there. These boatlifts in a boating community can get complex. You never know what a repair is or what a replacement is. I can easily see a repair turning into a nightmare, which is what it sounds like it did for Mr. Van Duren. No one is opposed to it on the canal and it is the same lift that it always was, and truthfully I thought it was just a repair. None of the neighbors have opposition going ahead with this. Board Deliberation: Chair Stern closed the public hearing, and asked the board members to deliberate and cite facts being considered. Planning Board Regular Meeting Minutes Wednesday, April 30, 2014 Page 4 of 5 Vice Chair Mendelson — I would be in favor of letting it go through especially after your comment, you seem to be the only representative here, and you are fine with it. However, I would suggest a penalty for not obtaining a permit, whether you knew it or it was not intentional; I think that should be charged because we have rules, and people need to know that we have rules. Member Mart — This has happened previously, not just boatlifts? We know that for a fact. Repairs are meant to be made and then it gets more involved and permits have to be issued. This has happened where I live too. Bldg. Official — Yes, it happens all over Highland Beach. Projects start off real small. Even in To Hall we have uncovered some things that were done that adjustments needed to be made. Member Mart — Is the penalty four times the face value of the permit? Bldg. Official — It is based on the construction value. It would be four times that. Chair Stern — Does everyone want to see a penalty? Attorney Shutt — This Board cannot make that determination. It would be up to the Code Enforcement Board or the Building Department. Bldg. Official — It is a standard procedure of the Building Department. Chair Stem — This application then goes to the Town Commission? Bldg. Official — Yes, for final approval because it is a special exception. MOTION: Member Mart moved to make a recommendation to the Town Commission to approve the boat lift application. Member Golding seconded the motion. Board Discussion: None. ROLL CALL: Member Mart - Yes Member Golding - Yes Member Rajsky - Yes Member Clark - Yes Vice Chair Mendelson - Yes Chair Stem - Yes Motion carried 6/0. Planning Board Regular Meeting Minutes Wednesday, April 30, 2014 Pau 5 of 5 ADJOURNMENT: There being no further business, Chair Stern called for a motion to adjourn the meeting at 9:45 am. MOTION: Vice Chair Mendelson moved to adjourn the meeting at 9:45 a.m. Member Clark seconded the motion, which passed unanimously. APPROVED: L.- Carol S hair Ilyne Mendelson, 1 , 4 -4 1 al Ronald Clark, Board Member Stephen Go + M J P3- 9er Harve art, Board Member Ronald Rajsky, Board +. - r Absent William Svenstrup, Board Member TOWN SEAL ATTESTED: V)aitiA.0 Cate/)' Valerie Oakes, CMC, Deputy Town Clerk Date: Lp