1997.04.15_BAA_Minutes_Regular
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TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
QUARTERLY MEETING/PUBLIC HEARING MEETING
Tuesday, April 15, 1997 9:30 A.M.
Chairman Neil W. Burd called the Public Hearing to order in
Commission Chambers at 9:30 A.M.
Deputy Town Clerk Jane Dillon called the roll. Present were
Chairman Neil W. Burd, Vice-Chair Daniel J. Loventhal, Secretary
James F. Niehoff, Members Benjamin Cohen, Richard C. Seguso,
Victor P. Hadeed and Robert L. Lowe.
Attorney Thomas Sliney and Building Official James Du Vall were
present, as well as members of the general public.
APPROVAL OF MINUTES
Upon MOTION by MR. LOVENTHAL/MR. HADEED the amended minutes of the
January 14, 1997 Quarterly/Workshop Meeting were unanimously
approved.
Upon MOTION by MR. LOVENTHAL/MR. NIEHOFF the amended minutes of the
February 11, 1997 meeting were unanimously approved.
OLD BUSINESS
Election of Officers
Upon MOTION by Mr. Loventhal/Mr. Niehoff, NEIL W. BURD was
renominated as CHAIRMAN of the Board of Adjustment for 1997.
Upon MOTION by Mr. Burd/Mr. Cohen, DANIEL J. LOVENTHAL was
renominated as VICE CHAIRMAN of the Board of Adjustment for 1997.
Upon MOTION by Mr. Burd/Mr. Loventhal, JAMES F. NIEHOFF was
renominated as SECRETARY of the Board of Adjustment for 1997.
NEW BUSINESS
Chairman Burd stated that at the close of the Quarterly Meeting, a
Public Hearing will be opened to address Petition No. 01-97-58.
ADJOURNMENT
With no further business to come before the Board at this time, the
Quarterly Meeting was closed at 9:40 a.m.
At 9:45 a.m., the Public Hearing Meeting was opened, with Chairman
Burd noting that all Members in attendance at the Quarterly Meeting
were present.
Board of Adjustment
• April 15, 1997 Pane 2 of 3
PETITION NO. 01-96-58
REQUEST SUBMITTED BY MR. MILAN PEVNY FOR PROPERTY LOCATED
AT 4314 TRANQUILITY DRIVE, BLOCK 4, LOT 6. SEEKING
RELIEF FROM TOWN CODE OF ORDINANCES CHAPTER 3 0 , [ ZONING] ,
SECTION 5.2(d); NON COMMERCIAL DOCKS, PIERS, LAUNCHING
FACILITIES AND MOORING DEVICES.
REQUESTING PROPOSED BOATLIFT TO EXTEND TWENTY (20) FEET OUT
FROM THE BULKHEAD/SEAWALL AT THE PROPERTY LINE.
All those who would be testifying on behalf of this petition were
sworn in.
Mr. Du Vall presented the proposed Petition for Variance to the
Board, reading into the record the requirements of Town Code.
Mr. Du Vall was asked, and confirmed, that there are presently no
other lifts in the area which were legally permitted by the Town.
The Pevnys attorney, John W. Field, addressed the Board and stated
that the proper notifications to residents were issued. Recording
Secretary attested to same, also noting the publication dates of
• the Hearing.
Mr. Valli, General Contractor, presented photos of lifts similar to
the proposed one which were shown to the Members. Attorney Field
presented a hardship in that the Pevnys traveled extensively and
may not be here in case of a storm or hurricane to tend to the
craft. The lift would keep it in a secure position should a
situation arise in their absence. He also mentioned, that smaller
davits would not hold the size boat the Pevnys have or may plan on
owing.
Mr. Jerry Marshall, President of Bel Lido Property Association,
clarified that the Pevnys are lovely people, and that his objection
of the boat lift is nothing personal, but is a concern for the
area. He stated that there are no other lifts in the area,
attesting to the fact that other residents have never had a problem
with storms, etc; that the lift would be an eyesore to the
neighboring properties; that whips are sufficient for large boats
and do protect them from banging against the seawall; and most of
all, if one is allowed more may follow, creating a marina
appearance.
Chairman Burd read into the record four pieces of correspondence
from neighboring residents opposing petition, stating reasons
similar to ones previously mentioned.
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• Board of Adjustment
April 15, 1997 Page 3 of 3
After all testimony was given, the Public Hearing was closed at
10:30 a.m. at which time the Board opened discussion The following
MOTION was made by MR. LOVENTHAL/MR. NIEHOFF as follows:
THE PLANNING BOARD DENIES PETITION FOR VARIANCE REQUESTED
BY MR. MILAN PEVNY, FOR PROPERTY LOCATED AT 4314
TRANQUILITY DRIVE, BLOCK 4, LOT 6.
Rollcall met with unanimous vote.
With no further business to come before the Board, MOTION was made
to adjourn by MR. LOVENTHAL/MR. BURD at 10:32 a.m.
APPROVE:
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Neil W. Burd, Chairman
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• Daniel Loventhal, V. Chair -
n Cohen
hard C/ Seguso
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James F. Niehoff, ec.
actor P. adeed
ATTEST : ~~~ C'~-~
Robert e DATE: l~-