2016.09.14_PB_Minutes_Regular•'1,16aLf
®�'•- '•, TOWN OF HIGHLAND BEACH
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i NUNUTES OF THE
* •'• •'* = PLANNING BOARD
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REGULAR MEETING
Wednesday, September 14, 2016 9:30 AM
Members Present: Vice Chair Dyne Mendelson; Board Member David Axelrod; Board
Member Charles Shane; Board Member William Svenstrup and Board Member Evelyn
Weiss. Members Absent: Board Member Harvey Mart and Board Member Louis
Reidenberg. Also Attending: Town Attorney Brian Shutt; Deputy Town Clerk Lanelda
Gaskins; Building Official Michael Desorcy; Commissioner Carl Feldman; Town
Attorney Brian Shutt and members of the Public.
1. CALL TO ORDER:
Vice Chair Mendelson called the Regular Meeting to order at 9:30 AM in the
Commission Chambers. Roll call was taken by Deputy Town Clerk Lanelda Gaskins
followed by the Pledge of Allegiance.
2. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA:
Vice Chair Mendelson called for a motion to accept the agenda as presented.
MOTION: Member Axelrod moved to accept the agenda as presented. Member
Svenstrup seconded the motion, which passed unanimously.
3. PUBLIC COMMENTS AND REQUESTS:
No public comments and/or requests.
4. PRESENTATIONS:
5. APPROVAL OF MINUTES:
August 10, 2016 — Regular Meeting
Vice Chair Mendelson called for a motion to approve the August 10, 2016 minutes.
MOTION: Member Axelrod moved to approve the minutes of August 10, 2016.
Member Weiss seconded the motion, which passed unanimously.
Planning Board Regular Meeting Minutes
September 14, 2016 Page 2 of 5
6. OLD BUSINESS:
No old business.
7. NEW BUSINESS:
A) Application No. 39155 — 4012 S. Ocean Blvd.; Marc Lange and Mia Lange
CONSIDERATION OF SITE PLAN APPROVAL FOR THE PROPOSED
INSTALLATION of a 40,000 lb. CAPACITY ALUMINUM YACHT LIFT
(BOATLIFT), ATTACHED TO EIGHT NEW CONCRETE PILINGS IN
SLIP #2, AT SUBJECT PROPERTY, 4012 S. OCEAN BLVD., HIGHLAND
BEACH, FLORIDA, IN THE RML (RESIDENTIAL MULTI-FANIILY)
ZONING DISTRICT.
APPLICANT: Admiral Boatlifts
Vice Chair Mendelson read the application title into the record. The board members
were asked to disclose any ex parte communications. None were disclosed.
Vice Chair Mendelson opened the Public Hearing. Deputy Town Clerk Gaskins swore in
all those giving testimony.
Staff Presentation:
Building Official Michael Desorcy — The application before you is to install a 40,000 lb.
boatlift at 4012 S. Ocean Blvd. The Building Department has no objection to the
installation of the boatlift if approved by the Planning Board.
Board's Questions:
Member Sventstruy — There are other boadifts in that area. B.O. Desorcy — Yes, it is on
the Intracoastal Waterway.
Vice Chair Mendelson — Is this part of Ocean Cove? B.O. Desorcy — Yes, there are many
boatlifts.
Public Comments:
Charles Laphen, President of Ocean Cove Homeowner's Association — Although we are
in favor of Mark Lange installing his boatlift as soon as possible, recently there was a
condition imposed on the community by the Army Corps of Engineers which is sited in
Mark's permit from them. It puts a condition on the community that we are
uncomfortable with, and we need that condition resolved before the HOA will approve
the construction of the boatlift. Vice Chair Mendelson — What exactly is the condition?
Mr. Laphen — The condition is the Army Corps of Engineers is wanting our community
to indemnify them against any future acts that may cause damage in perpetuity. Vice
Planning Board Regular Meeting Minutes
September 14, 2016 Page 3 of 5
Chair Mendelson — To your knowledge, has the Army Corps of Engineers put such a
condition on any other boatlift up and down the Intracoastal. when — I have no
knowledge of that. We have other boatlifts in Ocean Cove, and it has never been an
issue. We are not prepared to sign off on this until the issue is resolved. Vice Chair
Mendelson — I want to make it clear that nothing we do as a board is going to in any way
change what you are going to do. Mr. Laphen — Our approval is subject to the one clause
in Marc's approval from the Army Corps of Engineers.
Mr. Laphen provided Vice Chair Mendelson with the information from the Army Corps
of Engineers regarding this issue attached as "Exhibit A". Vice Chair Mendelson advised
him to seek legal advice regarding this matter.
Vice Chair Mendelson — How many more boatlifts are there? Mr. Laphen — There are a
total of 22 boat slips and five have boatlifts.
Member Shane — Does this board have the authority to approve this application if there is
a condition imposed by the Army Corps of Engineers? Vice Chair Mendelson — Our
approval would be conditional on the Ocean Cove Homeowner's Association approval.
B.O. Desorcy — We have to obtain a letter from the Homeowner's Association before we
can proceed with the paperwork. That is a condition that is already in place. We cannot
issue a permit until then. Vice Chair Mendelson — We can approve this application
because it meets the code. We are not approving a building permit. Mr. Desorcy can
only issue the permit if all conditions have been met.
Member Axelrod — Mike, have you ever seen this easement before? B.O. Desorcv — No.
It is 62 feet back from the edge of the channel, and I don't believe that is in the right-of-
way. An easement is not required, but that is not my call.
Vice Chair Mendelson — This board is only approving an application that meets code. I
don't feel we should get into the issue of the Army Corps of Engineers.
Applicant's Presentation:
Bill Thomas, Admiral Boatlifts — The letter that was received was from a permit that was
issued in 1998. It was for the actual construction of the marina. When we applied to the
Army Corps of Engineers they must have looked at this paperwork and felt it was never
done. I will contact the Army Corps of Engineers and find out just what this waiver is.
Town Attorney Shutt — The approval here today, as it pertains to the Town's zoning
restrictions, is that we are saying that you meet the requirements. All other issues such as
the HOA approval and the Army Corps of Engineer are something we should not be
looking at, or be taking into consideration. Vice Chair Mendelson — We, as the Town
Planning Board, can approve it subject to the applicant getting an Army Corps of
Engineers approval.
MOTION: Member Shane moved to approve Application No. 39155, subject property
located at 4012 S. Ocean Blvd. Motion was seconded by Member Svenstrun.
Planning Board Regular Meeting Minutes
September 14, 2016 Paze 4 of 5
ROLL CALL:
Member Shane
- Yes
Member Sventstrup
- Yes
Member Axelrod
- Yes
Member Weiss
- Yes
Vice Chair Mendelson
- Yes
Motion carried 5 to 0.
8. ELECTION OF OFFICERS:
A) Chair
MOTION: Member Svenstruu moved to nominate Member Louis Reidenberg as Chair.
Member Weiss seconded the motion.
ROLL CALL:
Member Svenstrup
- Yes
Member Weiss
- Yes
Member Axelrod
- Yes
Member Shane
- Yes
Vice Chair Axelrod
- Yes
Motion carried 5 to 0.
B) Vice Chair
MOTION: Member Svenstrun moved to nominate Member Charles Shane as Vice
Chair. Member Shane declined the nomination. Member Shane moved to nominate
David Axelrod as Vice Chair. Member Weiss seconded the motion.
ROLL CALL:
Member Shane - Yes
Member Weiss - Yes
Member Svenstrup - Yes
Member Axelrod - Yes
Vice Chair Mendelson - Yes
Motion carried 5 to 0.
A. ADJOURNMENT:
There being no further business, Vice Chair Mendelson adjourned the meeting at 10:00
a.m.
Planning Board Regular Meeting Minutes
September 14, 2016 Page 5 of 5
'::�rrn_F�P�
Ilyne Mendelson, Vice Chair ,
TOWN SEAL
ATTEST:
Dl--d�
Lanelda Gaskins, CMC, Deputy Town Clerk
Date:
Excused absence
Harvey Mart, Board Member
cle� //-�
Charles Shane, Board Member
W ham Svenstrup, Bo d Member
Excused Absence
Louis Reidenberg, Board Member
TRANSMITTAL FORM
IF REVIEW & REQUESTED ACTION BY PLANNING BOARD
Transmit To: Michael Desorcy, Building Official Date: September 14, 2016
Applicant/Owner: Admiral Boatlift – Applicant/Marc and Mia Lange
Property Address: 4012 South Ocean Boulevard, Highland Beach, FL 33487
Property Control Number: 24-43-47-04-55-000-0060
REVIEW GIVEN TO SUBJECT PROPERTY
❑ Preliminary Review:
® Final Review: Installation of a 40,000 lb. capacity aluminum yacht lift
(boatlift), attached to eight new concrete pilings in slip #2
❑ Amended Site Plan Review
❑ Other:
THE PLANNING BOARD HAS REVIEWED THE ABOVE MATTER PER THE REQUEST OF
THE BUILDING OFFICIAL DATED —July 29, 2016 , AND HEREBY CERTIFIES THAT
THE FOLLOWING ACTION WAS TAKEN:
❑ Denied
® Recommendation to Approve (plans attached)
❑ Approved with Modifications (as noted):
❑ Other:
PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT
MATTER, i.e., ISSUE PERMIT, TRANSMIT TO TOWN COMMISSION, RETURN TO
APPLICANT, ETC.
44_', zt��
Ilyne M delson, Vice Chair
IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH MODIFICATIONS, PLEASE NOTE
THE BOARD'S FINDINGS:
CLERK'S OFFICE USE ONLY.•
Reviewed by Planning Board: September 14, 2016 Transmitted to Building Official: September 15, 2016