2001.11.19_BAA_Minutes_RegularTOWN OF HIGHLAND BEACH
• BOARD OF ADJUSTMENT
PUBLIC HEARING
Monda November 19 2001 9:30 A.M.
Chairman James F. Niehoff 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 James F. Niehoff, Vice-Chair Barbara Kane, Members Betty
Jane Hofstadter, John R. DeMarco, Rosalind Gatewood and Joseph
Yucht. Joseph A. Sarubbi was absent. Also present were Attorney
Thomas E.Sliney, Building Official Bob Dawson and members of the
general public.
Chairman Niehoff stated that Public Hearing was being held to hear
the following Petition for Variance:
NO. 06-01-6~. REQUEST SUBMITTED BY BOLA CONTRACTING FOR PROPERTY
LOCATED AT 2633 SOUTH OCEAN BLVD., LOT 4, BYRD BEACH ESTATES; OWNER
MAX MUSA. SEEKING RELIEF FROM TOWN CODE OF ORDINANCES CHAPTER 30,
[ZONING]; ARTICLE 4; SECTION 4; TABLE 30-2.
REQUESTING: REDUCE SIDE YARD POOL SETBACK FROM 10 FEET TO 7 FEET
AT SOUTH SIDE OF LOT.
Chairman Niehoff asked recording secretary if all requirements for
• subject meeting had been met, of which she stated dates of
advertising of subject meeting and that all appropriate residents
had been notified, with proof of certified mailings.
Recording Secretary swore in all who would be testifying. Attorney
Sliney offered a history of the development of Byrd Beach Estates.
Joe Heimovios, attorney for Mr. Musa, presented application to the
Board, utilizing visuals and diagrams. He noted that the property
is a gated community with access only to the residing owners; that
the home is oceanfront and that neighbors would not be impacted by
this addition. Mr. Heimovios again explained the necessity for the
addition to contain exercise equipment needed for Mr. Musa's health
issues. It was noted that a neighbor was granted a similar
variance by the Planning Board.
Chairman Niehoff noted that there was no one present in opposition
of subject variance, and closed the Public Hearing. After
discussion of all the issues, Chairman Niehoff stated that this was
a unique situation, and as a president had been set for approval of
a similar situation, felt approval should be recognized. Chairman
placed a MOTION on the table, seconded by MR. YACHT to grant
approval for subject variance. The following rollcall vote was
taken:
Mrs. Hofstadter yes Vice Chair Kane yes
Mr. De Marco yes Chairman Niehoff yes
• Mrs. Gatewood yes
Mr. Yucht Yes MOTION met with unanimous vote.
Board of Adjustment Public Hearing
November 19 2001 Paae 2 of 2
APPROVE:
James F. Niehoff, Chairman
Barbara Kane, Vice-Chair
Betty Jane Hofstadter, Sec.
John R. De Marco
Rosalind Gatewood
• Joseph A. Sarubbi
Joseph S. Yucht
Attest:
Date:
•