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2017.03.08_PB_Minutes_Regular �IG L • �=-'•m TOWN OF HIGHLAND BEACH =f r ; MINUTES OF THE �y'`'••. '•*= PLANNING BOARD %%W,k 'owio " REGULAR MEETING Wednesday,March 8,2017 9:30 AM 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. CALL TO ORDER: Members Present: Chair Louis Reidenberg; Vice Chair David Axelrod; Board Member Evelyn Weiss; Board Member Harvey Mart; Board Member Charles Shane and Board Member Warren Lewis. Also Attending: Assistant Town Attorney Brian Shutt; Deputy Town Clerk Lanelda Gaskins; Building Official Ken Bauer; Commissioner Feldman and Commissioner Kelvin. Deputy Town Clerk Gaskins made the following announcements: o The Planning Board has one vacancy for an unexpired term ending November 2019. o The Municipal Election is March 14th from 7:00 AM to 7:00 PM. Sample ballots are available in the Clerk's office. o Town Commission Special Meeting March 23`d at 1:30 PM. o Spring Fling Community Events is on Saturday, March 25th from 11:00 AM to 3:00 PM. o Town Commission Workshop Meeting March 28th at 1:30 PM. 1. ADDITIONS,DELETIONS OR ACCEPTANCE OF AGENDA: Chair Reidenbery,called for a motion to accept the agenda as presented. MOTION: Member Lewis moved to accept the agenda as presented. Member Weiss seconded the motion, which passed unanimously. 2. PUBLIC COMMENTS AND REQUESTS: There were no comments or requests from the public. Member Shane stated that the American flag is faded and should be replaced. Planning Board Regular Minutes Wednesday,March 8,2017 Paste 2 of 5 3. PRESENTATIONS: There were no presentations. 4. APPROVAL OF MINUTES: • February 8, 2017—Regular Meeting Chair Reidenberg called for a motion to approve the February 8, 2017 minutes. MOTION: Member Shane moved to approve the February 8, 2017 Regular Meeting Minutes as presented. The motion was seconded by Vice Chair Axelrod, which passed unanimously. 5. OLD BUSINESS: There was none. 6. NEW BUSINESS: A) Application No. 39505—4314 Tranquility Drive CONSIDERATION OF A SITE PLAN APPROVAL FOR THE PROPOSED INSTALLATION OF A 30,000 LB., 10 POST PLATFORM BOATLIFT AT SUBJECT PROPERTY, 4314 TRANQUILITY DRIVE IN THE RS (RESIDENTIAL SINGLE- FAMILY)ZONING DISTRICT APPLICANT: Roger Brown as Trustee of the Roger Brown Trust 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. Member Shane made a comment regarding the architect for the applicant being a former tenant of his. He no longer is and does not feel there is any conflict or financial implications. The Public Hearing was opened and all witnesses giving testimony were sworn-in. Staff Presentation: Building Official Ken Bauer presented this item. He has reviewed the documents and finds that the application meets the setbacks and requirements of Highland Beach code of ordinances. There are no other governmental agency requirements. Chair Reidenberst asked Building Official Bauer if he reviewed the letter dated January 30" from a concerned resident, and whether he considered these comments before making a recommendation. Building. Official Bauer — I did read the letter and my recommendation was based strictly on the application complying with the code of ordinances. Planning Board Regular Minutes Wednesday,March 8,2017 Page 3 of 5 Member Shane— If this application meets the technical requirements of the code, we can do nothing to stop it and can only approve it. If you have any concerns, I would direct you to our Commission to talk about code changes. Town Attorney Shutt — If the Planning Board disagrees with the Building Official, you have the ability not to approve it. It is up to the Planning Board to decide if they meet the code or not. Petitioner's Presentation: Dr. Steven Glanz speaking in favor of Mr. Brown's application for a boatlift— Boat lifts are very important to boaters and this is a low profile boatlift and a lot less intrusive than the four post boatlifts. Dr. Glanz described this type of boatlift. Public Comments: Dr. Rick Greenwald, 4308 Tranquility Drive commented on how this boatlift will affect the neighborhood going forward. He is not in favor of this application being approved and provided comments as to why he is objecting to the installation of this particular platform boatlift. One of his concerns was that the platform boatlift could be used as a dock extension. Chair Reidenberg asked why this issue was not addressed to the Town Commission. Dr. Greenwald—I was not aware of the process. Member Shane asked Town Attorney Shutt, if this low profile boatlift is approved, would it be a violation to remove the boat and put a chair and barbeque on the platform and use it for another use? Town Attorney Shutt stated that he was not sure if it would be a code violation. If it is no longer being used as a boatlift and is used for another purpose and not approved for that use, it would be up to the Building Official to determine if they are in violation. Discussion ensued regarding the requirements for boatlifts as stated in the code of ordinances. The Code Enforcement Officer is the person who determines if there is a violation. Any changes to be made to the code needs to go before the Commission for their approval. Gerald Marsh, 1088 Bel Lido Drive expressed his concerns regarding the platform boatlift. The platform could be used for another purpose and the boat could be docked alongside of the platform. Member Shane quoted Sub-section 7, Section 30.68 of the Code of Ordinances that states boats cannot be moored or docked perpendicular to the property in which they are located. Planning Board Regular Minutes Wednesday, March 8,2017 Page 4 of 5 Building Official Bauer—Having a barbecue or a chair on the dock is not a violation. If they were to build a permanent structure, then you are changing the use. This is not the case, and I am recommending this application be approved based on the compliance of the code. Vice Chair Axelrod — The Environmental Protection Agency approved this application. We have had many boatlift applications with many of the same concerns as heard today. It may be time for the Commission to review the subject of boatlifts, and I recommend you go before the Commission and ask that they consider doing so. Chair Reidenber-g closed the Public Hearing. MOTION: Member Shane moved to approve Application No. 39505 at 4314 Tranquility Drive. The motion was seconded by Member Weiss. ROLL CALL: Member Shane - Yes Member Weiss - Yes Member Lewis - Yes Member Mart - Yes Vice Chair Axelrod - Yes Chair Reidenberg - Yes Motion carried 6 to 0. 7. ADJOURNMENT: There being no further business, Chair Reidenberg called for a motion to adjourn the meeting at 10:23 AM. MOTION: Member Mart moved to adjourn the meeting at 10:23 AM. The motion was seconded by Vice Chair Axelrod, which passed unanimously. Planning Board Regular Minutes Wednesday,March 8,2017 Page 5 of 5 APPROVED: ? ouis Reidenb Ch D�Ad Axelrod, ice Chair . Warren Lewis, Board Member i� ary Mart, Board Member Charles Shane, Board Member EvelynAVeiss, Board Member TOWN SEAL ATTEST: Lanelda Gaskins, MMC, Deputy Town Clerk Date: 1 /lU-146 17 • TRANSMITTAL FORM REPORT OF REVIEW& REQUESTED ACTION BY PLANNING BOARD Transmit To: Ken Bauer, Building Official Date: March 8,2017 Applicant/Owner: Roger Brown as trustee of the Roger Brown Trust Property Address: 4314 Tranquility Drive, Highland Beach, Florida Property Control Number: 24-43-47-04-02-003-0060 REVIEW GIVEN TO SUBJECT PROPERTY ❑ Preliminary Review: ® Final Review: Application No. 39505 -Installation of a 30,000 lb. ten post boatlift at 4314 Tranquility Drive,Highland Beach,Florida ❑ Amended Site Plan Review ❑ Other: THE PLANNING BOARD HAS REVIEWED THE ABOVE MATTER PER THE REQUEST OF THE BUILDING OFFICIAL DATED—FebnjgM 15, 2017 , AND HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN: ❑ Denied ® Recommendation to Approve based on the plans dated November 28, 2016 from Brenner Architect Group. ❑ Approved with Modifications (as noted): ❑ Other: PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTE ., IS PERMIT, TRANSMIT TO TOWN COMMISSION, RETURN TO P A Louis Reidenb g, Chair Transmittal Form/ Report of Review by the Planning Board March 8, 2017 Planning Board Meeting IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH MODIFICATIONS,PLEASE NOTE THE BOARD'S FINDINGS: At its March 8,2017 Planning Board Meeting,Member Shane made a motion to approve Application No. 39505. The motion was seconded by Member Weiss,which passed on a 6-0 vote. CLERK'S OFFICE USE ONLY. Reviewed by anning Board: March 8,2017 Transmitted to Building Official: Louis Reidenberg;Chair u