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2016.02.24_PB_Minutes_Regular '•m TOWN OF HIGHLAND BEACH MINUTES OF THE '`' • •' *= PLANNING BOARD REGULAR MEETING Wednesday,February 24,2016 9:33 AM Members Present: Chair Carol Stern; Vice Chair Ilyne Mendelson; Board Member David Axelrod; Board Member Ronald Clark; Board Member Harvey Mart; Board Member Charles Shane; and Board Member William Svenstrup. Also Attending: Town Attorney Brian Shutt; Building Official Michael Desorcy; Town Manager Beverly Brown; Commissioner Louis Stern; Commissioner Rhoda Zelniker; Deputy Town Clerk Patrice Robinson and members of the Public. 1. CALL TO ORDER: Chair Stern called the Regular Meeting to order at 9:33 AM in the Commission Chambers. Roll call was taken by Deputy Town Clerk Patrice Robinson followed by the Pledge of Allegiance. 2. ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA: Chair Stern called for a motion to accept the agenda as presented. MOTION: Member Clark moved to accept the agenda as presented. Member Svenstrun seconded the motion, which passed unanimously. 3. PUBLIC COMMENTS AND REQUESTS: No public comments and/or requests. 4. PRESENTATIONS: No presentations. 5. APPROVAL OF MINUTES: • December 9, 2015 —Regular Meeting Chair Stern called for a motion to approve the December 9, 2015 minutes. Planning Board Regular Meeting Minutes February 24,2016 Paae 2 of 18 Deputy Town Clerk Robinson announced a change to the minutes as presented. On page one, Member Axelrod was not included in the roll call. The board was provided with the correction. MOTION: Vice Chair Mendelson moved to approve the minutes of December 9, 2015 as amended. Member Shane seconded the motion, which passed unanimously. 6. OLD BUSINESS: No old business. 7. NEW BUSINESS: PUBLIC HEARING A) Application No. 38490— 1114 Bel Air Dr.; 1114 Belair Dr Boca Raton,LLC CONSIDERATION OF APPROVAL FOR THE PROPOSED INSTALLATION OF A 10,000 LB. SIDE MOUNT/ELEVATOR BOATLIFT, ATTACHED TO AN EXISTING DOCK AT SUBJECT PROPERTY IN THE RML (RESIDENTIAL MULTI-FAMILY) ZONING DISTRICT. APPLICANT: Al Giachetti Chair Stern read the application title into the record. The board members were asked to disclose any ex parte communication(s). None were disclosed. Chair Stern stated that she visited the sites. Deputy Town Clerk Patrice Robinson swore-in all those who would testify for each item. Staffs Presentation: Building Official Michael Desorcy — This item for your consideration is an application to install a 10,000 lb. boatlift. An elevator side mount boatlift at the subject property 1114 Bel Air Drive. The applicant is Mr. Al Giachetti. The owner is 1114 Bel Air Drive, LLC. The Building Department has reviewed the submitted documents and found that the construction and the installation meets all the requirements of the Town of Highland Beach Code of Ordinances Section 30-68. Any questions from the board? Chair Stern—Does anybody have any questions? Planning Board Regular Meeting Minutes February 24,2016 Page 3 of 18 Vice Chair Mendelson — The owner is 1114 Bel Air Drive Boca Raton LLC? Is that recent? B.O. Desorcv—The property owner is 1114 Bel Air Drive Boca Raton, LLC. The applicant is Al Giachetti/1114 Bel Air Drive. Vice Chair Mendelson —Not that it makes a difference, but on the Property Appraiser's Report that's in our package it shows that it was quit-claimed from 1114 Bel Air Drive Boca Raton LLC to Lauren P. Esnes as the last transfer of July 2013. B.O. Desorcv — Maybe Mr. Giachetti can answer that question. Vice Chair Mendelson—There is a deed. Applicant's Presentation: At this time, as Mr. Giachetti approached the podium, he distributed a handout to the board attached hereto as Exhibit A. B.O. Desorcv — I think the question is are you the owner of the property. Mr. Giachetti —I am the President of 1114 LLC. B.O. Desorcv—That was the question. The Vice Chair needed clarification. Mr. Giachetti—I am a Highland Beach resident for over 20 years. Mr. Giachettti — I own that property and I own the property next door also. Vice Chair Mendelson — Did you buy it from Lauren Esnes? Mr. Giachetti — Yes. Vice Chair Mendelson — I see now. There were two deeds. One at page 0177 and one at page 0175. They put the 0177 first which would be the later deed. It's okay. Mr. Giachetti — It was an existing LLC. I just bought the LLC with the building. I also live next door in the building that I own also next door. My son lives in that building. Chair Stern—Anyone else have any questions? Member SvengnM — You live next door, would that be east or west of the proposed boatlift? Mr. Giachetti — East. It's where the other existing boatlift is. I was in front of this board about three years ago and I got that boatlift approved. It's the same boatlift that is there. It's a Cantilever boatlift that comes off the dock. It takes no more room than a normal boat would be in that position. It's not a four-poster. There is nothing that goes into the canal. The canal is a very wide canal. As you know some boats would park perpendicular. The boatlift would be parallel to the dock. Member Svenstrup — There are no dolphins being put in? Mr. Giachetti — No dolphins. Chair Stern—Any other questions? Mr. Giachetti —Just to summarize, I am just asking for what you granted for me and for many other owners. There are many boatlifts like this that have been approved in this town. Member Clark— We're going to start limiting you to one thing every 5-10 years. We do too many things for you. Planning Board Regular Meeting Minutes February 24,2016 Paite 4 of 18 Chair Stern — The applicant has made a presentation. Do any of the staff have any questions? Vice Chair Mendelson — The Building Official was in the middle of his presentation. B.O. Desorcy — That was pretty much it. I checked the plans, the location, the setbacks, all the technical information that was provided to me by the applicant and it meets the Town code. Chair Stern — Is there anyone from the public that would like to make a comment about this? Public Comment: Phil Weinstein, 4504 South Ocean Boulevard— I live right at the end of that canal. I was aware that the other boat went up at that first building which was in the corner tucked in. It didn't really affect anybody's view. My concern now is that if the board allows this lift then it's going to set a horrible precedent for other lifts on the canal that go up. Yes, it is a wide canal but people pay a lot of money to live in this town. They pay a lot of taxes to continue to live in this town. I did not pay to come for a water view of boats, to look at hulls like I live in an outdoor storage area. If you allow one, it's going to continue. The one that's in the corner, unfortunately, snuck through. It only blocks one house's view. This is a little further down the canal. I'll see it from my house. A lot of other people will see it. This is a beautiful town. People come here for access to the beach, for the water, for the views of the boats and the water. I do not want to feel like I'm in a boat storage rack looking at hulls instead of the water and boats. Member Shane — Having been through this conversation before, for the benefit of those in the audience and for you as well, we've had this conversation before and the end result was that it is clear that this board has no authority to stop the process once we find out from the building department that it has met all the requirements of the code. Your recourse is not to us. Your recourse is only to council. If you want to take an issue up in that regard you have to go to your town council people. We have no authority even if we agree with you 100%. This board simply does not have the authority, if it meets code in all regards, to stop it in anyway. Mr. Weinstein — If somebody wants to put up a structure, if it's physically constructed in compliance with town ordinances, they cannot stop it even it's a high radio tower? Member Shane — We cannot stop it as your Planning Board. You have to go to another authority within the town. We encourage you to do so. Mr. Weinstein—Which would be who? Vice Chair Mendelson—The Commission. Member Shane—Go to the Commission. Vice Chair Mendelson—Change the law. Member Shane— We encourage you to do that. Have the ordinance changed to limit boat lifts. Do whatever you feel is necessary. That's your recourse. We are unfortunately not your recourse. Mr. Weinstein—So you feel your hands are tied? Member Shane—We know that. Vice Chair Mendelson — Our hands are tied. Mr. Weinstein — That's a travesty. People pay a lot of money to come and enjoy the view in this town. Member Shane — You have a recourse but it's not here. Mr. Weinstein — I'll take it up with them. Thank you very much. Planning Board Regular Meeting Minutes February 24,2016 Paae 5 of 18 Delores Gardella, 1106 Bel Air Drive — I live in the area that we are talking about. I have been here for 35 years. I have been at this podium at least 20 times with the same things. First of all nobody on the lake actually receives any of the announcements. A few get announcements. Mine didn't get received until the 19'h of this month. Therefore, I have really had to scurry around. I have lists and lists of people, way back years and years who have fought this and fought this. To begin with, those pilings are called davits that they are going to put up. They are against your laws. Way back in 1990, a ban was placed on any of this forever in retribution to all of the complaints that have been going on. I have them all from all of the people who ever lived here. You cannot do this. First of all, where he is putting this is a fourplex. Those fourplexes were gained as far as property rights. If you start putting davits and pilings into the water, it would bring debris and the oxygen loss for the little fish that are there will be gone. Views will be gone. The width of that area is beautiful. We wouldn't even be able to have a barge come down to repair our docks because there would be nowhere to turn around. We have boats coming down and turning around in that area. The only area in Highland Beach to lose that after all these years by you people who say you can't. You do not have the right to even give that waterway up. You really shouldn't even be voting on it at all. That's first. Second of all, the fact that they would gain more and more and more is not fair. We have all private houses there that consist of either three or four fourplexes and the rest are privately owned individual attached little villas. We are three. We are now going to be two because my middle unit is bought by the end unit. Now we are only going to be two again. The next thing it'll be going out this way and then we will lose all of the rights to move in that area. You'll make our lovely area a marina which is not what Highland Beach was all about. I have been here for 35 years. I can remember one building down at one end and one building down at the other end where you could walk on the beach all you wanted. Two or three little tiny houses could have went for $300,000 on the ocean. Our little side streets are so beautiful. People always say you live on the street, not in a building. I live on a street and there are only three of them in the area. Three or four. We would lose all of that whole area with boats going down there. The smell. The oxygen would be gone. The carbon monoxide. The toxic infested waters being polluted from the gases that are used. As I said before the barges would not be able to come down to repair our docks if we keep doing this. You haven't got the right. Chair Stern—Thank you. Ms. Gardella — Plus, I go back with all of the records of all those people way back. Everyone. And this man had one across the street. We don't get the announcements. I didn't get it. Nobody else gets them. Everybody else here got some. But the rest of the area didn't. Every single person in that area should have had an announcement or you would have this place full because none of us approve. The only ones who approve it is the fourplexes because they want to gain the property rights. Because there rule is that if you move there the first one who has a boat gets the parking space. There's not enough for four parking spaces in that area. They'll have maybe 2 %2, but not four. If they start putting it then the next thing will be perpendicular. Chair Stern—No. I'm sorry that was grandfathered in and that cannot happen. Planning Board Regular Meeting Minutes February 24,2016 Page 6 of 18 Ms. Gardella — Well this can't happen either because Highland Beach used to be a place. Now we've got traffic coming back and forth and the next thing will be it'll look like a marina there. We'll have no views. There are some people that are invalids who sit on their little porches or sit outside near the docks and just enjoy the water view. You can't give that all up to just boaters. There is no sign that says boaters are allowed only. That's it. I've said enough. Chair Stern—Anyone else have any comments? Scott Joffe, 1110 Bel Air Dr. — I live directly west of this property. I guess my concerns are what Phil would say. The other thing is just the sharing of the property. Any concern I have is with the seawall, with the dock going in and the pressure that would be put on the seawall such as that if the seawall comes down. We share a panel right now on the property line. It's not in the best shape. Over the years I've had to fix a big horizontal crack. I'm just concerned. I know this is on the dock. I don't know if all of the load is on the dock or if there is any on the seawall as well. Member Svenstrup — It appears on the plans that it's only on the dock itself and not attached to the seawall. Mr. Joffe — So, if the dock falls down, what about the seawall. Mr. Giachetti — It will stay. It's designed to not come off. To answer this gentleman's concern. We are within the setbacks. I think the davits are 20 feet from the property line. B.O. Desorcy — The setbacks are correct. Mr. Giachetti — The setbacks are correct. The liftt does not need additional piles. Nothing else comes in the canal. It's completely attached to the dock of the piles. If it did fail, it would only take the dock. I doubt it would take the dock all the way across. If it did I would be responsible for damage that I did to it, like anybody else. Most of you know I'm a general contractor and mostly civil engineer. So is my son. So when I tell these things with probability it is with some authority. To answer the other young lady's question. She doesn't live in a single family residence. She lives in a building just like mine. The only difference is that I own all the units in my building. The reason I own all of the units in my building is my son lives in one. My uncle lives in the other. My son lives in the next building next door. It's not that I'm having some big rental thing. Nothing for rent. They're all family members, all people that have lived in the building that I bought for 14 years. Nobody else has a boat. The lift takes up no more room than a boat would. Actually, when you have a lift like this, it' going to be a light boat, an open fisherman boat which would block less of the view than if I could put a 60 foot 2-story Troller in there that would block much more view. If you say that this gentleman has the right that I don't block his view, when I look out my window and as you know Mrs. Stern, because you live there, I look at 12 boats. I'm looking at 12 boats perpendicular to the dock with dolphin piles. Where are my rights? I don't say I bought my property they should all be moved. You buy on the water you have the right too, your value is based on the view that you had. I don't think that this board, as Mr. Shane brings knowledge about, you don't have the authority. The authority is to change the zoning but the zoning doesn't exist for that. That's like if you have an empty lot and somebody wants to build a five-story house Planning Board Regular Meeting Minutes February 24,2016 Page 7 of 18 the zoning is there and somebody doesn't like that the 5d` story blocks their view. It's not for this board to say. You have to change the zoning that says only a four-story building can be allowed. Mr. Weinstein—Does the board have the right if somebody like myself is expressing the desire to go to the Commission to have the zoning changed to delay and not permit this to pass while such a claim is being brought? Vice Chair Mendelson—No. Mr. Weinstein— Your hands are really tied? As far as view goes, you can bring in a big boat. I don't mind looking at boats. I mind looking at hulls. I work at a marina. I look at hulls all day. Some of them are bottom painted; some of them are not. Some of them have barnacles; some don't. When you start lifting boats out of the water, you're not looking at a boat, you're looking at a hull. In all fairness. At this time, Mr. Giachetti made a comment from the audience. Mr. Weinstein — I waited until you stopped, can you please be courteous and do the same? Chair Stern—Nobody is guaranteed a view. Unfortunately,that is the code. Vice Chair Mendelson — You should pay attention to who's running for office in your town and what they're agreeing to in your codes before it affects you. Everybody just waits until it affects them and then they want to know why there is nothing to do, but you have to start early. You have to pay attention like all government. Mr. Weinstein — Well most people don't find out it's a problem until it's a problem. Nobody sits down at home and says okay let's anticipate what ordinance is going to affect me. In all fairness to you. Vice Chair Mendelson — That's what you have to do. Steve Artusi, Vice President of Highland House — Fred and I are right across the water. I would just second what Mr. Weinstein said. I think I understand the technical side of things but it definitely will affect the aesthetics of what we look at every day. We're directly across from that. If you look at the picture that was presented you can see at the end it's far less aesthetically pleasing. It certainly affects the natural environment. Perhaps your hands are tied but I would suggest that this is an ill-considered decision. I also think that, nothing against Mr. Giachetti, I just think for those of us who bought in this setting it's not what we bought for. Fred Walters, 1109 B, Highland House Association Complex — Those are three townhouses, two units each that are immediately across from where the applicant wants to put in this side-lift boatlift. All six of the owners in that association are so serious about the aesthetics, looking at the hull, and what this would be like if you allow this installation that we talked about at our annual meeting, which we just held in this February. The whole board, all three buildings, agreed that we should oppose this boatlift installation. I don't need to repeat what the others have said. This gentleman I think made it pretty obvious with this lift and the one that the applicant has out there shown in the pictures is probably about a 30 footer. Once you lift that up and at high tide that thing is going to be three or four feet from the bottom of the boat. With the apparatus below, it is going to be four or five feet above the level of that high tide. At low tide, he's going to be ten or twelve feet above the level of the Planning Board Regular Meeting Minutes February 24,2016 Page 8 of 18 water. So we've got this monstrous view of a boat hanging out in mid-air with the hull showing up. I walk out and I've got three stories in my townhouse and as does Steve, all of it is glass. I walk outside and I see this garish boat hull mounted on a structure that's not natural, that's not wood and it does protrude out into the common area. The applicant doesn't own that canal. Nobody owns that canal. It's community property and this boat lift protrudes in the community property. It's very serious. I'm sure you all live in Highland Beach. I know Mrs. Stern you probably live on that particular canal. Chair Stern — Right across the way. Mr. Walters — Of course. You know from living down here that location and views are important. A house on the ocean is worth a lot more than a house on the inland waterway because of the view. A house on the inland waterway is probably worth more than one on a canal also because of the view on the inland waterway. What they can see is different than what they can see on the canal. The values on canals, vary based upon what the view on the canal is, how wide the canal is, what it looks like, and the structures that are in that canal. That all changes the value of the property that you own on that canal and the desirability of owning it. I bought this townhouse in 2008. It was important to me. It was very important to me what the views were. You walk out and we walked the entire canal, my wife and and we observed what was in that canal. Boats are not a problem. I understand we are on the water. Actually, I like boats when they are on the water. We bought at that canal specifically because of its appearance and the lack of clutter,the lack of structures blocking views and interfering with the water. I do disagree. Mr. Shane, I went back and read that big discussion you're talking about or at least the one I read about was in 2015. It was actually a boatlift application. I went back and read that and I have to say I respectfully disagree with the viewpoint that if it passes code you don't have the authority to turn it down and disapprove it. I don't think that's right. Let me explain to you why. This town has a comprehensive plan that the town commission adopted. If we look at it, it's on page six. You can ask, okay Mr. Walters why are you talking about the comprehensive plan. The reason I am talking about it is because one of your charges under the comprehensive plan is to and it says it in the ordinance is to maintain and the second word is to administer the code. What does administer the codes mean? When it says to administer the code that means you have the discretion, you do have the discretion to deny this application. That's part of your job. Board's Questions: Vice Chair Mendelson—I have a question for the Town Attorney. Could you please weigh in on the word administer which I don't think means what this gentleman is saying and whether or not we have the right to say you meet code but we're going to disapprove because we don't like it? Town Attorney Shutt — The very limited criteria that you look at as far as boatlifts and in the code section 30-68 (h) it talks about the installation. It says that the installation shall be subject to approval by the planning board. We're here at this point. The mooring facilities will be located in a canal or waterway at least 80 feet in width. I imagine that requirement has been met. The mooring facilities will not create a hazardous interference with navigation, endanger life or property or deny the public reasonable visual access to the public waterways. The last one is the construction of all mooring facilities shall require a building permit. I think the way that this board has looked at things in the past is if Planning Board Regular Meeting Minutes February 24,2016 Pame 9 of 18 the building official is recommending approval I would think you would assume that it's not creating a hazardous interference with navigation, endangering life or property or denying the public reasonable visual access to the public waterways. Does that mean that you absolutely have to take the word of your building official just carte blanche? Maybe not. You're here to hear testimony from not only the building official, but anybody who speaks in front of you at this hearing and then it's your decision to make, to determine does it meet those requirements. If it does then my suggestion is you would need to approve it. Vice Chair Mendelson — You're saying it terms on a reasonability standard. Town Attorney Shutt—I think it terms on if in your determination from what you hear based on the facts presented at this meeting that if you do not believe that it creates a hazardous interference with navigation, that it does not endanger life or property or that it does not deny the public reasonable visual access to public waterways then you need to approve it. If you hear something or if you say I think there is an issue with the facts presented here then I would suggest that in making your deliberations that you speak about those facts that you feel have not been met if you are wishing to deny the application. Mr. Walters — I didn't hear him actually answer. You do have the discretion. He didn't say you don't and you do. The code itself says you have the discretion. It's your decision as to whether you do that. I know that I have exceeded my time but this is an important issue for me. I've spent a lot of money in that house and I would like a little more time. Vice Chair Mendelson—You have no more time. We heard what you said. Mr. Walters—I have one more thing to say. It has really to do with this and that is it's a balance. He has a want. The applicant has a want. If you consider all the other people, we have wants too. And if you balance his individual want and what that's worth against the wants of all the other people who oppose it and it seems to me that in that balance if you're doing your job and exercising your discretion, which you need to do, you would turn this down. If you do this, you have effectively inversely condemned my property. You've taken some of my value from me by approving this. Chair Stern—Thank you. That's enough. Member Svens=— Basically, what you seem to want us to do is create legislation in order to turn it down. Mr. Walters — You can exercise your discretion to turn it down. Chair Stern— Can we have a discussion of the board? Member Shane — I think you are misreading what it means to administer a code. To administer a code means the code exists. Our job is to see whether something meets it. That's all we can do. If you want to rewrite the code then you go to the Commission and you rewrite it. Administering a code means just that. You don't change it. You administer it as it exists. That's our limitation. I understand your position but we can only do what we are allowed to do and administer does not mean change. Mr. Walters — I understand what you're saying. I disagree. Chair Stern—You have every right to disagree. Vice Chair Mendelson—Are we discussing now? Chair Stern—Anybody else? Member Svenstrun — There is a gentleman in the back that wants to speak. Chair Stern—No. Planning Board Regular Meeting Minutes February 24,2016 Paze 10 of 18 At this time Deputy Town Clerk Robinson stated that comments from the audience will not be on record. Phil Weinstein, 4504 S. Ocean Drive — The counselor himself said that visual enjoyment was one of the three criteria and that this board has the ability to either deny or accept. Vice Chair Mendelson—He didn't exactly say that. Mr. Weinstein— Read the three if you will. Vice Chair Mendelson— He said it was reasonable. Mr. Weinstein— Read the three if you will. Please read the three. Vice Chair Mendelson —Read it. Chair Stern—Read that again please. Town Attorney Shutt—The mooring facilities will not create a hazardous interference with navigation, endanger life or property or deny the public reasonable visual access to public waterways. Vice Chair Mendelson — Reasonable visual access. Mr. Weinstein — Deny the public reasonable visual access. You've got a lot of reasonable people here that feel it's impairing their visual access. Chair Stern— Reasonable visibility. Thank you. Vice Chair Mendelson—That's clarified. Chair Stem — Do we have anyone else? Member Axelrod — It seems to me that we are bound by answering the code. We cannot respond to what your quality of life would be. You have to understand that if you want to overcome this now or in the future you will have to proceed to go to the Commission. This young lady said this has been going on since 1992/1993. Very honestly, that's 20 years that you have had to go and change this. I don't think he is placing anything. He's attaching it to his dock. He is not putting in other things. At this time, Chair Stern directed a member of the audience to come to the podium if they wished to speak. Delores Gardella, 1106 Bel Air Drive — I have been here for 35 years. Chair Stern— Have you gone to the Commission with this before? Ms. Gardella — Yes I have spoken and I'm going to speak again. Because you do not have the right. Highland Beach does not have the right to give waterway rights away. Chair Stern — We are not giving waterway rights away. He is attaching it to a dock. Ms. Gardella — You are giving waterway rights away because we will not be able to repair our docks with anything that is on the water or lifted out of the water. They will not be able to come down and turn around those big boats. We will not be able to repair anything. Those docks, those lifts are a nuisance. They clutter up the place, make everybody have the smells that are all over the place. This is ruining an area. You have the right to tell them no and you have the right to tell them yes. You haven't got the right to give it away. You don't have the right. You don't have it and you shouldn't give it. Chair Stern—Thank you. Vice Chair Mendelson — I have one thing to say. I have heard very carefully what you said that the criteria should be if we think that that it blocks unreasonably the view. I'm taking a look at this canal and I'm taking a look at where all these lifts are parallel and in my estimation it does not reasonably block the view of this canal. That would be my only criteria based on what you said. Planning Board Regular Meeting Minutes February 24,2016 Page 11 of 18 Member Clark— The question has been called twice. We've got to vote. Chair Stern —Does anybody else have anything else to say? At this time, Mr. Walters spoke from the audience. He was asked to sit down by Chair Stern and Vice Chair Mendelson. Member Shane—Roberts Rules of Order do exist. Chair Stern informed Mr. Walters to bring his request to the Commission. Chair Stem asked if there were any further questions; none were received. At this time, Chair Stern called for a motion for approval. MOTION: Member SvenspW moved to approve the boatlift as presented. Member Clark second the motion. Board Discussion: None. ROLL CALL: Member Svenstrup - Yes Member Clark - Yes Member Axelrod - Yes Member Mart - Yes Member Shane - Yes Vice Chair Mendelson - Yes Chair Stern - Yes Motion carried 7/0. B) Application No. 38423 — 4740 S. Ocean Blvd.; Boat Slip13 of Grand Cay Estates,LLC CONSIDERATION OF APPROVAL FOR THE PROPOSED INSTALLATION OF A 16,000 LB. FOUR POST BOATLIFT, IN EXISTING SLIP #13, AT SUBJECT PROPERTY IN THE RML (RESIDENTIAL MULTI-FAMILY)ZONING DISTRICT. APPLICANT: Pat Boroian Chair Stern read the application title into the record. The board members were asked to disclose any ex parte communication(s). None were disclosed. Staffs Presentation: Building Official Michael Desorcy — The second item on the agenda today is consideration for a 16,000 lb. boatlift, a cradle lift in an existing boatlift at 4740 S. Ocean Blvd. Property owner of boat slip 13 is Grand Cay Estates, LLC. Applicant is Planning Board Regular Meeting Minutes February 24,2016 Page 12 of 18 Pat Boroian/Boat Slip 13 of Grand Cay Estates, LLC. The building department has reviewed the submitted plans and found that the documents comply. The installation complies with all the code requirements of the Highland Beach Code of Ordinances Section 30-68. Member Mart — On the permit, is that a typo, 1,700? Member Shane — That's the electric. B.O. Desorcv — There are two applications. There is electrical and the marine contractor application. Member Svenstruy — Are there any variances needed for this boatlift? B.O. Desorcv —No sir. Applicant's Presentation: Jeffrey Levine, Attorney in Boca Raton — I am here on behalf of the applicant, the limited liability company which owns the slip and Mr. Boroian who is the owner of the LLC. Just to put it into perspective, my clients live in the Grand Cay Estates community which is immediately north of this little private marina which is known as the Grand Cay Estates at Boca Highlands Yacht Basin. That makes somewhat of a unique situation. I would call to your attention that the yacht basin association was created legally way back in 1995. Of course the structure in the waterway existed way before that. My client has a nice home in Grand Cay Estates. It happens to be on a dry lot. When he bought his home he also was able to acquire the slip. He now wants to use it for a boat for his family and pleasure with one of his young children. We sat here and certainly heard all of the comments. I think it goes without question that the application should be granted. The historical actions of the Planning Board and the Town Commission going back as far as 10 years have simply granted these applications. Right now my client has not been using the slip. In the past he thought about other alternatives for it before deciding that he could make it a family fun activity. I do call your attention to and my client does have some pictures for you and some big boards that we will show you so that you have the exact perspective of the marina next to Grand Cay Estates. At the moment his slip is vacant but immediately next to it and even a little bit farther to the east, I believe are some very large boats as the prior presentation talked about. Those boats might go as high as 30 feet. I don't know the exact height, but they have fishing towers, etc. My client wants to put in a boatlift that is very similar to other lifts exactly in the marina association and simply lift up a small boat for his family. Without being overly redundant, I think Mr. Shane was right on point when he expressed the position that should be taken. I heard many comments from you supporting the position. I believe and I hope that my client will be entitled to the lift on his slip. Vice Chair Mendelson—Can we see the pictures that you mentioned? Pat Boroian, 1020 Grant Court—I am the applicant. I have lived here for 13 `/2 years. I will pass out some photos. We'll talk about them so you'll see to the question that the attorney raised regarding visual impairment. At this time, Mr. Boroian distributed photos to the board. They are attached hereto as Exhibit B. Planning Board Regular Meeting Minutes February 24,2016 Page 13 of 18 Member Clark—I have some questions. Mr. Boroian — I am actually going to give you copies of the marina itself, showing you the slips that are there. At this time, Mr. Levine set up an easel in front of the dais in order to display the larger versions of the photos that are attached hereto as Exhibit B. George Kelvin—Please identify which slip is Slip 13. Chair Stern—We'll take care of that. Mr. Boroian — I'll give you a copy of it. Let me start first with the big picture of where this is and then we'll go to this gentleman's question which is this handout, exactly where is this slip within the marina. At this time, Mr. Boroian continued his presentation in front of the dais. Mr. Boroian — If you look at this. This is Braemar Isle. This is AIA. The back entrance to Grand Cay Estates. These are the 19 homes within Grand Cay. This is actually my home. You'll see that a number of the homes along here own slips. The slip that I own is actually right here. You can see it is empty at the moment. That is the subject of the lift. Jeffrey Levine mentioned that there are two large fishing boats next to my slip. I don't know the exact height, but you can see them on the picture. There is a boat slip with at 24 foot Sea Red on a lift that is actually located here. That is adjacent to Braemar Isle. Vice Chair Mendelson — Are you right next to that white boat? Mr. Boroian — Yes. Actually it's not next to it. It's in here. Vice Chair Mendelson—That's what I meant. Chair Stern—I went to see the site. It's right here. Mr. Boroian — This visual does the best job. If you pick up the plotted survey that I got when I bought the house. I drew some of them in blue. You'll see there are a total of 29 boat slips along the Braemar Isle seawall and you'll see to this gentleman's question that boat slip 13 on this is the subject of this application. Chair Stern—It's right next to the bigger boats? Mr. Boroian—It's not right next to it. It's next to. One over. Vice Chair Mendelson — Why did you draw a little box only on part of the 13? Mr. Boroian—Because the slip actually has two sides. Every slip has two sides. A boat slip can go on one side or the other. I only have one side. Vice Chair Mendelson— You have one side of 13? Mr. Boroian— Correct. The other side of 13 is owned by someone else. Chair Stern — The slip next to the two big boats is vacant. You're next to that. You're closer to the white boat. Mr. Boroian — I own half of that. Vice Chair Mendelson — You're the west '/2 of 13 next to the big boats? Mr. Boroian — That is correct. What you see on the plotted survey there are two existing lifts over in 8 and 9. There is an existing lift in 19. The other boats that you see on the visual are boats Planning Board Regular Meeting Minutes February 24,2016 Page 14 of 18 that are not on lifts. But they are significantly higher than the boatlift that I am asking for approval of. In fact, a 16,000 lb. lift is, after listening to folks complain this morning, I have a greater appreciation for this concern. If I were living in Braemar I would be happy honestly that someone is limiting themselves to a 16,000 lb. lift. Maybe I could put a 34 foot boat at best. There are boats that are 50-55 feet, not on a lift that are 30-40 feet in the air. Even with a lift it may not even be half that high. If this slip was rented out to a Yd party with a 50 foot boat, do you think this would visually impair it? See what that looks like. Chair Stern—Are they allowed to rent out slips to people that do not live on the property? Mr. Boroian— Yes. I'm not saying that I would rent it out but I certainly have the right. I own the slip. Chair Stern — So you could rent it out to a person or party that does not live in Braemar Isle? Mr. Boroian — That is correct. Chair Stern — Or in Highland Beach? Mr. Boroian — That is correct. There are actually owners of the slips in this marina that do not live in Grand Cay Estates. Vice Chair Mendelson— I'm just curious. This white boat, it must be in number 14, is that right? Does that take up all of 14 even though you said they do them in halves? Mr. Boroian — If you actually go to our marina today, you will not see that boat. I actually took this image from Google Maps. I was shocked that you could actually get a satellite image of it. Whatever date Google Maps took this photo is the date. But that boat is not there. The other two boats that are to the west are there. Member Clark — First of all, I understand that this is a private marina. It's a private basin. It's surrounded by a couple of associations, Braemar Isle being one of them, Grand Cay Estates being the other. From my knowledge I think Grand Cay Estates is the one really responsible for the basin itself. That's part of the homeowner's association which you are a part of. Does that association have requirements or limitations on a private basin that says to what can go into that basin or not? In other words, do you have permission from the association to install this and or did you need to get permission? Mr. Boroian — I'll let my attorney, Jeffrey Levine address it because he knows the history. Also, the President of our association is here. They can both speak to that issue. Mr. Levine — Thank you for asking that question. The marina association is its own association. It's sort of conjoined with Grand Cay Estates which is its own association. Going back to 1995, a developer took over a project that created both of them. Mr. Pierce who was there before all of this with his house had special rights and he is the President of the association. He also owns various slips within the dock association and we have met the requirements of the association. He will be happy to address the board. Member Clark — That's fine. Just to cut this for our board up here. This is simple. This is private. This is not like the last one where it is on public waters. These are private waters. Every slip in there is privately owned and is a marina. All I know is that it has its own association and if that association grants permission for this and as long as it meets all of the other code issues it's a simple vote for us. There's not anything that we have to complain about. In cases like this that are private it's up to the separate associations that have their own rule and regulations to maintain and Planning Board Regular Meeting Minutes February 24,2016 Paae 15 of 18 manage that. We honor their rules as well as the codes. Mr. Levine—They do have a complete declaration. I bought only one, but it does set forth all of the requirements just like the homeowners part of it sets forth all of those requirements. Member Clark— If I can hear from Mr. Pierce. I'd like to have him come up and just attest to the fact of the association. Ken Pierce, 1016 Grand Court — I am on the board. Mr. Masola is on the board. Steve Williams is on the board also. I moved into Grand Cay in December 1993. There is no association for the boat slips. They talk about it as though they are a part of Grand Cay, but they are not. They are individually owned slips by people that live in and out and anybody can own the slip in there. If you would like to have one and one comes for sale you are entitled to buy one. Meanwhile, the slip that he is putting this little boat in is a 26 foot Bow Rider boat which is a very low configuration boat. He simply wants to lift it out of the water. There are boats in there now that are higher. He could put in a 50-70 foot boat in the same slip. While taking it out of the water would block three times the amount of view that a 26 foot Bow Rider would when it's up out of the water. He's not putting in a junk boat, he's putting in a brand new boat. Like I said, each slip is separately deeded with a tax bill. Same as a house. It comes with the same bill. The tax bills on them are the same as the tax bills on a house and they are separately deeded. Member Clark—How many slips do you have there? You have a handful of tax bills there. Mr. Pierce — I can tell you this that we are talking about. I marked down the addresses and what kind of lifts they're in but there are 10 boatlifts in there now that encumbers Grand Cay's side and the individual. If you'd like me to read the addresses. Chair Stern — That's not necessary. Member Clark — No. The question is does your association have any objection to this? Mr. Pierce — Not whatsoever. He's entitled to it and we're pleasantly surprised that he's doing it. The reason that you have a boat slip is to put a boat and a boatlift in it. Member Clark—That's all I want to hear. Call the question. Chair Stem—Does anyone wish to speak? Public Comment: George Kelvin, 4740 South Ocean Blvd., Braemar Isle—I'm looking at this plan and I have a real problem with it. I went into the Town Manager the other day and she showed me an aerial view of this property and there is a rectangular box drawn around the second big boat slip. I identified that as slip #13. This diagram I think is incorrect. The photo that she showed me was the application that was made to the county. Member Shane—This is a survey in the submittal. Mr. Kelvin—This shows 8 slips when in fact there are only 7. Vice Chair Mendelson — There are only 7 in what? Mr. Kelvin— Seven slips on that face of the wall. Vice Chair Mendelson— I have a question for the attorney. The gentleman said that they are all separately deeded. Every single one of these is separately deeded and it's like a single-family house with nothing with no umbrella organization over it like when it was originally built as a condo or a homeowner's association. There's no governing docket? Planning Board Regular Meeting Minutes February 24,2016 Paze 16 of 18 Mr. Levine — No. There is a lack of communication. There is an association that is called officially and I'm looking right at it, the Grand Cay Estates of Boca Highland Yacht Basin. It was recorded in the Official Record Book 9009 at Page 309 in 1995. Vice Chair Mendelson— That was for the boat slips? Mr. Levine— The slips and the waterway. Vice Chair Mendelson — When it was recorded in 1995, is this the accurate description of what was reported? Mr. Levine — I'd like to show you the actual page from the public records. Vice Chair Mendelson—I'd like to see that. Mr. Levine—Which is Book 9009 at Page 343. Vice Chair Mendelson—It's virtually the exact same thing. This is a recorded document in the records of Palm Beach County that says that this is what the association owns. Is there someone from the association here? Mr. Levine—These three gentlemen here. Vice Chair Mendelson— They are from the association? This is what you think your association covers and you have no objection? Association Representatives—Right. During the exchange between Mr. Levine and Vice Chair Mendelson, Mr. Kelvin distributed handouts to the board. They are attached hereto as Exhibit C. Mr. Kelvin — Can I take leave to go to the Town Manager's office and get the photograph that she showed me, which was the application? Member Clark — We have that. Mr. Kelvin—No you don't. Vice Chair Mendelson — We have that in our materials. At this time, Mr. Kelvin approached the dais to view the materials. Member Clark — Is this what you're talking about? Mr. Kelvin — That's what I'm talking about. This is the slip that he bought as slip 13, not the one next to it. Member Clark — It doesn't matter. We are going by what the survey is. Vice Chair Mendelson — And what was recorded in the records. Member Clark — This is a picture that somebody drew something around. Mr. Kelvin—But this has the seal, an official seal on it from the application. Member Sevenstrup — Not from the application. Vice Chair Mendelson — From the lady who stamped it. Mr. Kelvin — This is slip #13 and not the one next to it. Member Clark — We are going by the survey as presented. Vice Chair Mendelson — He owns slip #13. That's what he owns. Member Clark— I don't care whether it's this one, that one or the next one. Vice Chair Mendelson—I don't either. Mr. Kelvin — At this point I would like to read a statement please. The Town of Highland Beach does not allow a homeowner to let the grass grow in front of his home too high because it becomes an eyesore. The Town of Highland Beach does not allow a homeowner to park a boat or a trailer in the driveway because it would become an eyesore. The Town of Highland Beach does not allow a house to be painted with pink and blue stripes because it would be an eyesore. A boatlift is an eyesore. I have no problem with it blocking my view. I do have a problem with it being an eyesore. The applicant does not live in Braemar Isle. The boatlift also presents a possible danger in the event of a hurricane or tornado. High winds blow semi-trailer trucks over and cars have been deposited on roof tops. The boat sits on a cradle in the lift and is not secured to the lift in any way. In the event of a hurricane, that boat could be blown off that cradle and smash into the building. Chair Stern—If Planning Board Regular Meeting Minutes February 24,2016 Pace 17 of 18 the building inspector has inspected this and he says that the lift will hold and it is hurricane safe then I have to go by that. He has the say. Mr. Kelvin — Is the boat hurricane safe? There were tornadoes and hurricanes today in Florida that overturned trailer trucks. This boat is sitting in a cradle on a lift, is not secured to any posts or lifts with any ropes or anything. It just sits there. Member Clark — You don't put boats on a slip without tying them down. You don't put them on lifts without tying them to the lift. That's a stupid boat owner. You have to tie these things down. My question to you, are you directly involved with the view of this? Mr. Kelvin—I have no problem with the view. We bought our unit with boat slips already in place. I had every expectation that boats would be parked there but I did not have an expectation that a boatlift and additional structure would be built. Member Clark — There is nothing we can do about that. My next question is, Braemar Isle is the closest association, is there any representative from Braemar Isle that objects to this? Mr. Kelvin — There is nobody here from the board. Member Clark — So we can only assume that Braemar Isle doesn't care or they approve it. Mr. Kelvin—Braemar Isle not only doesn't care but the notice that was sent out was to the President of the Board and the Office Manager who never posted it in a public place. I only found out about it accidentally. Member Clark— I just wanted to know if Braemar Isle had an objection and your statements are they do not. Don Gill, 4740 S. Ocean Blvd., Braemar Isle, Unit 202 — It is directly opposite where the boatlift will be. My unit will be obstructed by the boat right in that particular slip 13. 1 agree with everything Mr. Kelvin had to say. Unfortunately, as he said the notice that was given to our building was not distributed. It was not posted. We just came by it by accident. This is something we are taking up with our board because of this and the way it was handled. I do myself have an objection to the boatlift because of as counsel said, visual view. At this time, Deputy Town Clerk Robinson read two letters in support of the application into the record. The letters were received in the Town Clerk's Office. The letters are from Jeanne Williams, 1017 Grand Court and Barbara and Bill Weprin, 1018 Grand Court. They are attached hereto as Exhibit D. Board's Questions: Chair Stem asked if there were any further questions; none were received. At this time, Chair Stern called for a motion for approval. MOTION: Member Clark moved to approve the boatlift as submitted. Member Mart seconded the motion. Board Discussion: None. Planning Board Regular Meeting Minutes February 24,2016 Paze 18 of 18 ROLL CALL: Member Clark - Yes Member Mart - Yes Member Axelrod - Yes Member Shane - Yes Member Svenstrup - Yes Vice Chair Mendelson - Yes Chair Stern - Yes Motion carried 7/0. 8. ADJOURNMENT: There being no further business, Chair Stern adjourned the meeting at 10:46 a.m. APPROVED: Carol Stern, air Ilyne Mendelson, Vice Chair avid Axelrod, Board Member Ronald Clark, Board Member Hary Mart, Board Member Charles Shane, Board Member William Svenstrup, Board Member TOWN SEAL ATTESTED: Ro alie DeMartino, Interim Deputy Town Clerk Date: I A Exhibit A C7 � _ n r, s„ O O N I Y °�r /� �%/i. ✓b� �/,f//�/r j 1 " r/iii,r �,,, of wile, /%, p (DD (D (D � = r+ / � t f t, i l O � r-h N O ■ i r d �y�ry �1 r r r r.or Exhibit B a -` or • � w �,.. • ~ r4 �• 1. � �,�+, ,.�.. tjf.. 4' it 1F { w _k (R9 9009 PQ 34 EAST LINE INTRACOASTAL VATERVAY _ I i I z3 I I 122 I I I I J- 21 I I i I t3 DENOTES BOAT SLIP 6 NUMBER +� I APPROXIMATE LINE OF DOCK YACHT BASIN\ JD e \ i 3 /41,OIOI / \� I Il:�l IVI I � �Q TYPICAL- -/ YACHT BASIN SLIP LAYOUT ILLUSTRATIVE PLAN SHEET I OF 1 vau.Twn_uw scale HOT TO SCALE SHEREMETA ASSOCIATES. INCi n(Z ^ rrwon nmr. [NCMFfRS L.o�r 1 {t j1 wt.ow ! ` pr,# ( 1 n 4 T r I ;' 1 i a: 0 w i t i• f p r, - �;: 'hit:1.s ,_. M1% t. A 'y w 'R r � ♦,s Exhibit C February 23, 2016 The Town of Highland Beach does not allow a homeowner to let the grass in front of a home to grow to high because it becomes an eyesore... The Town of Highland Beach does not allow a homeowner to park a boat or trailer in the driveway because it would be an eyesore... The Town of Highland beach does not allow a house to be painted with pink and blue stripes because it would be an eyesore... The Town of Highland Beach does not allow a home owner to park junk cars in a front lawn because it would become an eyesore... Boat lifts are an eyesore.....Would you like one in front of your home.... The applicant does not live in Braemar Isle. The boat lift presents a possilble danger in the event of a hurricane or tornado... High winds blow semi trailer trucks over and cars have been deposited on roof tops. The boat sits on a cradle in the lift and is not secured to the lift in any way. Incidentally our Center Board has stopped the approvel of any boat lift in our North Marina... George Kelvin GEORGE KELVIN 4749 South Ocean Blvd Highland Beach 33487 Apt 101 561338-5443 Town of Highland Beach Planning Board RE: APPLICATION #38423 BOAT-LIFT APPLICANT: Pat Boroian February 24, 2016 The undersigned are residents of Braemar Isle Condominium, located at 4740 South Ocean Blvd,Highland Beach. This letter is to request that the Town Planning Board NOT approve the installation of a 16,000 lb.four post boat-lift,in existing slip#13, in this residential multi-family zoning district. It should be noted that although the boat-lift site is adjacent to Braemar Isle homes, Mr. Boroian does not live in Braemar Isle. The boat-lift site is just outside the living room windows of the undersigned,and would effectively obliterate what is now a small but picturesque view.. .This would be the first and only boat-lift in the North Marina. I have enclosed photographs to illustrate the situation. Thank you for your consideration. , r X I L&,�,­ q,5��,5(' Cir? J14 0t ~3 r ( i' ap Fran - �'� � rf` sr- i f 1x.4 F - S Y � t , • • � • • :fir' • or � s ,r ,r.i fw 7-7 ! i < aSnY r Y y v + r s r t • 1 Y lob lop r - *t IT ;s 1 s r r r 3. x 4 M � r • y F Na tr I Exhibit D Jeanne Williams 5613685434 p.1 RECEIVED FEB 2 3 2016 To: Office of the Town Clerk Town of Highland Beach, FL Ms. Valerie Oakes 561.265.3582 Please distribute to Planning Board Members for meeting Wednesday, February 24, 2016 9:30am Thank you Jeanne Williams 5613685434 p.2 FTownof EIVED 3 2016 561.265.3582 Office of the Town Clerk land Beach, FL Ms. Valerie Oakes Town of Highland Beach and Members of the Planning Board 3614 S. Ocean Blvd. Highland Beach, FL 33487 This letter is in support of approval for Pat Boroian's application to install a boat lift. As a resident of Grand Cay Estates and a boat slip owner, this is a very important issue and one I value highly and therefore urge you to approve this application. Jeanne Williams 1017 Grand Court Highland Beach, FL 33487 Boat slip#12 561.350.5932 jcwbud@yahoo.com Feb 23 16 05:04p Weprin 5613388434 p.1 A RECEIVED To: Office of the Town Clerk FEB 2 4 2016 Ms. Valerie Oakes Town of Highland Beach, FL 561.265.3582 Please distribute to Planning Board Members for meeting Wednesday, February 24, 2016 9:30am Thank you Feb 23 16 05:04p Weprin 5613388434 p.2 RECEIVED 561.265.3582 FEB 24 2016 Office of the Town Clerk I Town of Highland Beach, FL Ms. Valerie Oakes Town of Highland Beach and Members of the Planning Board 3614 S. Ocean Blvd. Highland Beach, FL 33487 This letter is in support of approval for Pat Boroian's application to install a boat lift As a resident of Grand Cay Estates and a boat slip owner, this is a very important issue and one I value highly and therefore urge you to approve this application. Barbara and Bill Weprin '1018 Grand Court Highland Beach, FL 33487 bweprinQa aol.com