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2016.11.09_PB_Minutes_Regular °�' = :. ,s TOWN OF HIGHLAND BEACH Or ..•_1 MINUTES OF THE ', *'•• �,:- PLANNING BOARD Nkiiiiii0REGULAR MEETING Wednesday,November 9,2016 9:30 AM Members Present: Chair Louis Reidenberg; Board Member Elyse Riesa; Board Member Evelyn Weiss;Board Member William Svenstrup and Board Member Harvey Mart. Members Absent: Board Member Charles Shane and Board Member David Axelrod. Also Attending: Assistant Town Attorney Pamela Ryan;Deputy Town Clerk Lanelda Gaskins;Building Official Michael Desorcy;Commissioner Carl Feldman;and members of the Public. 1. CALL TO ORDER: Chair Reidenberg 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. Chair Reidenberg—I apologize for not attending the last Planning Board meeting because of a medical emergency with regards to his wife. I thank everyone for electing me in the abstention to the chairmanship of this Board. He explained that he has to run for election again next month, and provided comments about not being available to attend the Planning Board meeting in December because he will be in Cuba. He stated we have a new President Elect and we must all acknowledge that there is a new President Elect and the country is now moving forward. 2. ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA: Chair Reidenberg called for a motion to accept the agenda as presented. MOTION:Member Svenstrup moved to accept the agenda as presented. Member Mart seconded the motion,which passed unanimously. 3. PUBLIC COMMENTS AND REQUESTS: There were no comments and requests from the public. 4. PRESENTATIONS: • Welcome new member Elyse Riesa Chair Reidenberg—Welcomed member Elyse Riesa to the Planning Board. Member Reisa — I have been a resident of Highland Beach for 10 years, a leader of the Highland Beach Community Emergency Response Team(CERT),and served as the Chair of the Beach& Shores Advisory Board. I have worked as the Global Vice- Planning Board Minutes Wednesday,November 9,2016 Page 2 of 7 President of AT&T sales and have managed just about every country in the world. I am retired full-time and I am here to make ensure Highland Beach remains a great place to live. 5. APPROVAL OF MINUTES: • September 14,2016—Regular Meeting Chair Reidenberg called for a motion to approve the September 14,2016 minutes. MOTION: Members Weiss/Svenstrup to approve the September 14, 2016, Regular Meeting Minutes as presented. The motion passed unanimously. 6. OLD BUSINESS: There was none. 7. NEW BUSINESS: A) Application No.39154—2342 S.Ocean Blvd.,Peter J.DeSocio; CONSIDERATION OF SITE PLAN APPROVAL FOR THE PROPOSED INSTALLATION OF A 40,000 LB., 10 POST PLATFORM BOATLIFT,INSIDE OF AN EXISTING BOAT BASIN AT SUBJECT PROPERTY,2342 S. OCEAN BLVD., HIGHLAND BEACH, FLORIDA, IN THE RS (RESIDENTIAL SINGLE-FAMILY) ZONING DISTRICT. APPLICANT: Boatlifts and Docks of South Florida Chair Reidenberg— Read the title into record. He asked the Board were there any disclosures and/or ex-parte communications and there were none. The Public Hearing was opened and all witnesses giving testimony were sworn-in. Building Official Michael Desorcy—Presented this item.He explained that the Board of Adjustment and Appeals,at its September 28, 2016 meeting approved a petition for a variance request for a boatlift to comply with the side yard setbacks,because the boatlift encroached in the side yard setbacks. Member Mart — What was the original setbacks on the variance? Building Official Desorcy—Explained the property is 100 feet wide,99.32 linear feet. The boat basin was cut into the side yard setback. The entire boatlift encroaches into the 25-foot setback. The boat basin was approved when the house was built. No boatlift had existed before this time. Chair Reidenberg— Who is the applicant and are they the owner? Building Official Desorcy—Explained that the applicant is Boatlifts and Docks of South Florida,and the owner is Peter J.DeSocio. Planning Board Minutes Wednesday,November 9,2016 Page 3 of 7 Chair Reidenberg—At a prior meeting we had discussed that the language with regards to the Building Department recommendations and the Planning Board's approval should be written differently and there was no objection to the suggested modification. Discussion ensued and the Building Official will modify the Building Department language regarding its recommendations. Chair Reidenberg expressed this concerns as follows: The Board of Adjustment and Appeals Petition Form-In reaching its decision the Board has found/not found in the case of the above number petition. Discussion ensued. Assistant Town Attorney Rvan—He want this to go back before the Board of Adjustment and Appeals for correction. Chair Reidenberg — Mr. Desocio signed the application but he did not date it. The concern I have is that there are two dates that are crossed out. The dates are 08/20/16 and 10/13/16,which is near your signature.There is no indication why or who did this,and you cannot change documents by crossing dates out. Building Official Desorcy — Initially this was submitted as a Planning Board Development Order. It was determined by the Building Department that it had to go to the Board of Adjustment and Appeals because the boatlift encroached into the side yard setback. I reviewed the document and made a few changes by marking on the document. To get this Planning Board Application to you today,I used the same application instead of having the applicant fill out another form. I dated the form on 10/13/2016,which is the date I reviewed the form again. Chair Reidenberg—A new form should have been submitted.In the future,make a new form or put initials next to the changes to show who made those changes. Page 3—Required Attachment of the Development: Before any development order shall be issued the Board shall written finding certifying compliance with the specific rules. Has that been done? Building Official Desorcy—It has not been done by this board. The Board of Adjustment&Appeals approved the boatlift. This is the planning board and the development order is a notice to proceed. Chair Reidenberg-This is why the Petition of the Board of Adjustment and Appeals form that says has found/has not found has to be completed correctly. On the Self Certification Florida Department of Environment Protection(DEP)Form— the letter is addressed to David Nutter and for Rodica Hallagan. How do we know if this person is the same as the applicant or the owner? Building Official Desorcy—The self- certification applies to the property. The application can be done online;the individual does not have to go the Department of Environmental Protection(DEP)to fill out this form. Chair Reidenberg—Who is Rodica Hallagan? Assistant Town Attorney Ryan—It depends on DEP requirements.Chair Reidenberg— Why is this required?B.O.Desorcy—It is required for all properties that have marina accessories.Chair Reidenberg—My suggested is when we have documents like this with different names, a memorandum should be attached with this particular document to indicate the purpose or who that person is so when someone looks in the records to see what is going on they will know who the people are and why their name is on the Planning Board Minutes Wednesday,November 9,2016 Page 4 of 7 document. It is a better practice. The corrections have to be made before we can approve it. Assistant Town Attorney Ryan—Is there an actual final order prepared for each one of these that you approve? Deputy Town Clerk Gaskins—No,we do not prepare final orders. We prepare petitions/transmittals. Assistant Town Attorney Ryan—Is this a recommendation that goes to Town Commission? Chair Reidenberg—No,the Planning Board is the decision-making body. Discussion ensued with regards modifying the recommendations and including a memorandum in with the record. Assistant Town Attorney Ryan—In the motion state that you are approving it with these specific conditions and to moving forward those things will have to be done. Discussion continued about including a memorandum with the Self Certification DEP form that indicates the relationship of the individuals with the property. David Nutter, Representative for Property Owner Peter DeSocio, property owner and Applicant Boatlifts and Docks of South Florida—On the DEP Self Certified form,when we started the permit process Ms.Hallagan was the previous owner and still owned the property. Mr.DeSocio was not a one hundred percent sure if he was going to purchase the property unless he was reasonably ensured he was going to be able to get a boatlift slip. It was not until the end of the environmental process with the DEP and Army Corporation of Engineers when Mr. DeSocio purchased this property. Therefore, the initial applications were processed in Ms.Hallagen's name and when we got to the Town part of the process that is when Mr. DeSocio closed on this property, so the Town applications was in his name. The DEP and the Army Corp of Engineers permits are based on the property address not the owner's name. Chair Reidenberg closed the Public Hearing. He called for a motion on this matter. MOTION: Member Svenstrup moved to approve the application subject to the following corrections: 1)the application to be corrected by the Building Department to remove the language requiring the Planning Board advance direction; 2) Board of Adjustment and Appeals Petition be modified by the Board of Adjustment and Appeals to determining whether it has found or has not found;3)a Memorandum to be attached to the application providing the date the application was signed by Mr.DeSocio;4)on the second application indicate the application was approved on October 13, 2016 by the Building Official; and 5) in the memorandum indicate that Rodica Hallagan was the initial applicant and David Nutter was representing her at the time in connection with the DEP Self Certification form. The motion was seconded by Member Mart. ROLL CALL: Member Svenstrup Member Mart Member Riesa Member Weiss Chair Reidenberg Motion carried 5 to 0. Planning Board Minutes Wednesday,November 9,2016 Page 5 of 7 B) Application No.39340—4410 Intracoastal Dr.,Goldstein&Son,Inc. CONSIDERATION OF SITE PLAN APPROVAL FOR THE CONSTRUCTION OF A THREE STORY SINGLE FAMILY RESIDENCE OF APPROXIMATELY 16,301 SQUARE FEET IN THE RS (RESIDENTIAL SINGLE-FAMILY) ZONING DISTRICT. APPLICANT: S.Goldstein&Son,Inc. c/o Dunay,Miskel&Backman,LLP Chair Reidenberg—Read the title into the record. He asked the Board were there any disclosures and/or ex-parte communications and there were none. The Public Hearing was opened and all witnesses giving testimony were sworn-in. Building Official Michael Desorcy-Presented this item. Chair Reidenberg—I noticed the applicant is Goldstein and Son. I am sure that is the same person. These are legal documents and we need to be consistent with who it is and who it is not. I also noticed on the Town of Highland Beach Unity of Title the owner is S.Goldstein and Son,Inc.a New Jersey Corporation by Karen Goldstein as President. I know that to be the correct was in which things are done. I noticed on the Town of Highland Beach Planning Board Development Order Application that the applicant is Karen Goldstein. Discussion ensued with regards to the inconsistency of Karen Goldstein signatures on the various forms,her authority to sign on behalf of S.Goldstein and Son,Inc.and the Town Attorney to review the forms for legal sufficiency. Assistant Town Attorney Ryan—There is room for improvement to these forms and will discuss the forms with Town Attorney Shutt. Member Mart—Does it meet the setbacks and height restrictions? Building Official Desorcv—Yes. Christina Balinkv of Dunav,Miskel and Backel,Representative for the property owners— This is a single-family home which meets all the requirements of the Land Development regulations. We have prepared a couple of renders for the Board to get a feel for what the home will look like. She displayed three pictures of the home—see attached. Discussion ensued with regards to the front entrance,the location of the air condition unit and future site for a boatlift. Adam Goldstein,Chair of S.Goldstein and Son,Inc.—These are two lots that were put together to give enough room for a house,and there are boatlifts for jet-skis,not a boat. There is a boat there now. Originally the property was improved about four to five years ago, because of the age of the structure we decided to put a new house on it. Chair Reidenberg—Will the house be sold or will you live there? Mr.Goldstein—We will be living there. 6 NIGHLq,�O 3,n T _ , TRANSMITTAL FORM F�ORIOP REPORT OF REVIEW & REQUESTED ACTION BY PLANNING BOARD Transmit To: Michael Desorcy, Building Official Date: November 9, 2016 Applicant/Owner: Dunay, Miskel & Backman, LLP —S. Goldstein& Son, Inc. Applicant/Owner Property Address: 4410 Intracoastal Drive, Highland Beach, Florida 33487 Property Control Number: 24-43-47-04-02-004-0100 REVIEW GIVEN TO SUBJECT PROPERTY ❑ Preliminary Review: ® Final Review: Application No. 39340 - Consideration of Site Plan Approval for the proposed construction of a Three Story, Single Family Residence of approximately 16,301 square feet in the RS (Residential Single-Family) Zoning District ❑ Amended Site Plan Review ❑ Other: THE PLANNING BOARD HAS REVIEWED THE ABOVE MATTER PER THE REQUEST OF THE BUILDING OFFICIAL DATED October 21,2016,AND HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN: El Denied ® Recommendation to Approve based on the plans dated September 12, 2016 and September 21, 2016, from Franky&Associates Architect, Inc. ❑ 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. Iftr.40 Louis 'eidenberg, hair IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH MODIFICATIONS,PLEASE NOTE THE BOARD'S FINDINGS: At its November 9,2016 Planning Board Meeting,Member Mart moved to approve the application. The motion was seconded by Member Weiss. The motion carried 5 to 0. CLERK'S OFFICE USE ONLY: Reviewed by Planning Board:November 9,2016 Transmitted to Building Official: Dec.2,2016 2 Planning Board Minutes Wednesday,November 9,2016 Page 7 of 7 ////to William venstrup,ard Member Elyse '6 es. 1,'i. d Member ATTEST: CO--ye____— Lanelda Gaskins,CMC,Deputy Town Clerk Date: I 0-51 ani--7 IGHLg� No ,, nz iik TRANSMITTAL FORM ' 0R0 REPORT OF REVIEW & REQUESTED ACTION BY PLANNING BOARD Transmit To: Michael Desorcy, Building Official Date: November 9, 2016 Applicant/Owner: Boatlifts and Docks of South Florida—Peter DeSocio Property Address: 2342 South Ocean Boulevard, Highland Beach, FL 33487 Property Control Number: 24-43-46-28-44-000-0012 REVIEW GIVEN TO SUBJECT PROPERTY ❑ Preliminary Review: ® Final Review: Installation of a 40,000 lb., 10 post platform boatlift, inside of an existing boat basin ❑ Amended Site Plan Review ❑ Other: THE PLANNING BOARD HAS REVIEWED THE ABOVE MATTER PER THE REQUEST OF THE BUILDING OFFICIAL DATED October 13,2016 ,AND HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN: ❑ Denied ® Recommendation to Approve based on the plans date stamped August 22, 2016, from Boatlifts and Docks of South Florida ® Approved with Modifications (as noted): ❑ Other: PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MA ITER, i:e., ISSUE PERMIT, TRANSMIT TO TOWN COMMISSION, RETURN TO APPLICANT, ET -. Louis Reidenberg, ' hair IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH MODIFICATIONS,PLEASE NOTE THE BOARD'S FINDINGS: At its November 9, 2016 Planning Board Meeting, Member Svenstrup moved to approve the application subject to the following corrections: 1) the application to be corrected by the Building Department to remove the language requiring the Planning Board advance direction; 2) Board of Adjustment and Appeals Petition be modified by the Board of Adjustment and Appeals to determining whether it has found or has not found; 3) a Memorandum to be attached to the application providing the date the application was signed by Mr. DeSocio; 4) on the second application indicate the application was approved on October 13, 2016 by the Building Official; and 5) in the memorandum indicate that Rodica Hallagan was the initial applicant and David Nutter was representing her at the time in connection with the DEP Self Certification form. The motion was seconded by Member Mart. The motion carried 5 to 0. CLERK'S OFFICE USE ONLY: Reviewed by Planning Board: November 9, 2016 Transmitted to Building Official: Dec. 2, 2016 21Pai c Planning Board Minutes Wednesday,November 9,2016 Page 6 of 7 Chair Reidenberg closed the Public Hearing. He called for a motion on this matter. MOTION: Member Mart a motion to approve the application. The motion was seconded by Member Weiss. ROLL CALL: Member Mart Member Weiss Member Riesa Member Svenstrup Chair Reidenberg Motion carried 5 to 0. 8. ADJOURNMENT: There being no further business,Chair Reidenberg adjo -: fleeting: 0:018 a.m. APPROVED: liftbia*ea Louis Reidenberg,Chair _ Excused Absence David Axelrod,Board Member TOWN SEAL 1/ )' velyn W s,Board Member flayky Mart,Board Member Excused Absence Charles Shane,Board Member