1986.01.20_BAA_Minutes_Regularr
TOWN OF HIGHLAND BEACH, FLORIDA
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BOARD OF ADJUSTMENT
QUARTERLY MEETING
JANUARY 20, 1986 1:30 P.M.
Chairman Harold B. Cohen called the Quarterly Meeting of the Board of
Adjustment of the Town of Highland Beach, to order at 1:30 P.M.
Present were Regular Members Harold B. Cohen, Gilbert G. Lorenz,
Charles Arbetman, A. M. Fox, Jr., Raymond Masciarella (alt.) and
David Augenstein (alt.).. Absent was Regular Member Albert Kahler.
Also present were Town Attorney David Friedman, Building Official
Bruce Sutherland, Recording Secretary Anne Kowals and several Town
residents.
Chairman Cohen stated A. M. Fox, Jr., was appointed as a Regular
Member to the Board of Adjustment for a three year term which ex-
pires November, 1988; David Augenstein was appointed as an Alter-
nate Member to the Board of Adjustment for a one year term which
expires November, 1986.
Chairman Cohen called for the approval of three sets of minutest
first drafts and final copies were distributed to each member.
Mr. Lorenz made a MOTION, seconded by Mr. Arbetman, to accept and
approve the minutes of:
Vernon Investment Properties Corp. Public Hearing - 10/3/85
Yachtsman's Cove Townhouses Condo. Public Hearing - 10/3/85
Board of Adjustment Quarterly Meeting - 10/3/85
All members were in favor of the MOTION.
Building Official Sutherland reported on the status of the building
development in the Town of Highland Beach.
VILLA NOVA - work is moving along on this project.
CASUARINA - is nearing completion.
ROYAL HIGHLANDS - discussion is continuing. They will be going
back to the Town Commission. Planning Board approval was given.
They are now in the process of working out the Settlement
Stipulation.
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BOARD OF ADJUSTMENT
• Quarterly Meeting
January 20, 1986 Page 2 of 4
OLD BUSINESS•
In reviewing the Operating Procedures, Town Attorney Friedman said
paragraph J on page 4 was discussed previously and the last sentence
was amended to read
"The election of remedies, trial de novo, governed by the
Florida Rules of Civil Procedure, or application for writ
of certiorari, governed by the Florida Rules of Appellate
Procedure, shall lie with the applicant."
Attorney Friedman recommended the addition of paragraph J on page 8,
to read as follows:
"A variance is authorized only for height, area, and site
of structure or size of yards and open spaces. See
Florida Statute 163.170 (8)."
In discussing paragraph F on page 2, Mr. Lorenz suggested changing
'convene' to 'schedule' and deletion of 'alternate members' from the
. second sentence which would end with the addition of
"and transmit copy of petition to Board Members, Mayor
and Town Manager."
Mr. Lorenz stated that, in paragraph H on page 4, 'Building Official'
should be changed to 'Administrative Official'. Following lengthy
discussion regarding this paragraph, members and Town Attorney
Friedman agreed this matter requires further study and should be
held in abeyance and placed on the agenda for the next Board of
Adjustment Meeting.
Mr. Lorenz said there is no authority in the ordinance for paragraphs
B, C on page 5 and paragraph D on page 6; however, they appear to be
logical.
Attorney Friedman said paragraph B is a procedural matter, paragraph
C is similar to Florida Statute 163.240 and paragraph D limits the
powers of the Building Official.
Chairman Cohen said the matters that were discussed will be reviewed
and the 'Operating Procedure' will be up -dated. (Paragraph H on
• page 4 is under question --'Administrative Official' will be used in
paragraph H only).
F,
BOARD OF ADJUSTMENT
Quarterly Meeting
•. January 20, 1986
NEW BUSINESS:
e 3 of 4
A discussion regarding the "taking of oath" prior to giving testimony
followed.
Town Attorney Friedman said there is no problem with swearing in a
witness as long as it is limited to people who will make factual state-
ments as opposed to someone who can not testify on personal knowledge.
The Board of Adjustment, continued Attorney Friedman, is not required
by statute to swear in witnesses; however, a petitioner and any resi-
dents making factual statements (not opinions) may be put under oath.
Chairman Cohen asked members to comment regarding this matter.
Mr. Masciarella said he thought it was a good idea to have sworn testi-
mony because it protects the Board on appeal; it can't hurt.
Mr. Arbetman said it protects us on appeal and he sees no objection to
• the oath.
Both Mr. Lorenz and Mr. Fox said they thought it was a good idea.
Mr. Masciarella made a MOTION, seconded by Mr. Arbetman, to require
sworn testimony as to facts.
All members were in favor of the MOTION.
Town Attorney Friedman said the purpose of an oath is to keep people
from making misstatements. If anyone has a religious objection or
other valid reason, they would not be required to take an oath,
continued Attorney Friedman.
Chairman Cohen set the date for the next Quarterly Meeting on Monday,
April 21, 1986, at 1:30 P.M.
Mayor Sullivan addressed the Board and wished the members a Happy New
Year and extended thanks and appreciation to all for their efforts and
service to the Town.
Chairman Cohen adjourned the Quarterly Meeting at 2:20 P.M.
Is
BOARD OF ADJUSTMENT
• Quarterly Meeting
January 20, 1986 ) Page 4 of 4
APPROVED • ✓�--�'"`-'`� c'�
Harold B. C hen, Chairman
. Lorenz, Vie Chairman
Charles'Arbet Secretary
— - )92M -
A. M. Fox, Jr.
Raymond Masciarella
ATTEST •
Date:
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