2018.02.14_PB_Minutes_Regular• TOWN OF HIGHLAND BEACH PLANNING BOARD MINUTES Town Hall / Commission Chambers Date: February 14, 2018 3614 South Ocean Boulevard Time: 9:30 AM Highland Beach, Florida 1. CALL TO ORDER: Chair Louis Reidenberm called the Regular Meeting to order at 9:30 AM in the Commission Chambers. Roll call was taken by Deputy Town Clerk Terisha Cuebas followed by the Pledge of Allegiance. PRESENT UPON ROLL CALL: Board Member Michael Kravit Board Member Warren Lewis Board Member Evelyn Weiss Board Member Charles Shane Board Member Harvey Mart Vice Chair David Axelrod Chair Louis Reidenberg 2. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Member Shane asked to have a discussion regarding the Streetscape project and the Planning Board's responsibility. The item was added to the agenda as Item 7F. Chair Reidenberg advised that he will not be running for Chair or Vice Chair of the Board, as he is a firm believer in term limits. He also requested clarification from the Town Attorney with regard to the boat lift recommendation by the Planning Board to the Town Commission. Town Attorney Shutt advised that it is his understanding that the recommendation will be presented to the Town Commission at the upcoming meeting. Member Shane questioned that with the pending change of the code, do we proceed today with the applications using the current code? Town Attorney Shutt advised the applications heard today will be based on the current code. Deputy Town Clerk Cuebas asked to remove item 7A, which is the appointment of a Secretary to the board as this board does not require the appointment. Chair Reidenberg called for a motion to accept the agenda as amended. MOTION: Member Weiss moved to accept the agenda as amended. Member Lewis seconded the motion, which passed unanimously. Planning Board Regular Minutes Wednesday, February 14, 2018 Page 2 of 11 3. PUBLIC COMMENTS AND REQUESTS: None. 4. PRESENTATIONS: None. 5. APPROVAL OF MINUTES: • October 11, 2017 Regular Meeting Chair Reidenberg asked if there were any corrections to the minutes of October 11, 2017? Vice Chair Axelrod advised that the minutes from October 11, 2017, were incomplete as the discussion regarding Streetscape was omitted. Deputy Town Clerk Cuebas advised that Vice Chair Axelrod did make her aware of the omission and the minutes have been updated to include the discussion. Chair Reidenberg called for a motion to approve the minutes from October 11, 2017, as amended. MOTION: Vice Chair Axelrod moved to accept the minutes from October 11, 2017, as amended. Member Weiss seconded the motion, which passed unanimously. 6. OLD BUSINESS: None. 7. NEW BUSINESS: A) ELECTION OF OFFICERS: 1. Chair Chair Reidenberg asked if there were any nominations for a chairperson. MOTION: Member Shane moved to nominate Member Axelrod as the chairperson. Member Weiss seconded the motion, which passed unanimously. At this time, Members Axelrod and Reidenberg changed seats. Member Axelrod took over as Chair for the remainder of the meeting. Planning Board Regular Minutes Wednesday, February 14, 2018 Page 3 of 11 2. Vice Chair Chair Axelrod asked if there were any nominations for Vice Chairperson. MOTION: Member Mart moved to nominate Member Shane as the Vice Chairperson. Member Lewis seconded the motion, which passed unanimously. B) Application No. 17-0827 —1008 Bel Air Drive A3 CONSIDERATION OF A SITE PLAN APPROVAL FOR THE CONSTRUCTION OF A NEW PLATFORM BOATLIFT LOCATED AT SUBJECT PROPERTY, 1008 BEL AIR DR. A3, HIGHLAND BEACH, FLORIDA, IN THE RESIDENTIAL MULTI -FAMILY LOW DENSITY (RML) PER TOWN OF HIGHLAND BEACH SECTION 30-67, USES PERMITTED, SPECIAL EXCEPTION, AND PROHIBITED USES, TABLE 30-4 PERMITTED USES. THE APPLICANT IS PROPOSING THE INSTALLATION OF A NEW 13,000 LB. CAPACITY ALUMINUM, 2 POST PLATFORM BOATLIFT. APPLICANT: Antonella Debello Chair Axelrod read the title into record. He asked if the Board members had any ex -parte communications to disclose. Hearing none, the public hearing was opened at 9:41 AM. Petitioner's Presentation: John PMera, Attorney for the Applicant provided information with regard to the application submitted. He explained that since there is no speed limit in the area the waves have been causing her boat to hit the seawall. The boat lift would allow the boat to be kept out of the water to avoid any damage. Staff Presentation: Building Official Perez presented this item to the Board and provided the recommendation to the Board to approve the application as it does comply with the Town of Highland Beach's Code of Ordinances. Member Lewis questioned the applicant whether the new lift would be replacing an existing lift. Mr. Papera advised it would not be as there is no lift there currently. Member Lewis asked for clarification on the current procedure for taking the demolition of an existing dock and construction of a new one. Building Official Perez advised that it would be a part of the permitted job, to demo the existing dock and build a new one. Member Shane questioned if there is an existing dock are there any restrictions that would restrict the addition a boat lift as a secondary facility? Planning Board Regular Minutes Wednesday, February 14, 2018 Paae 4 of 11 Building Official Perez advised there are no restrictions. A property owner may have a fixed dock and a boat lift. Public Comments: There were no public comments. Chair Axelrod closed the public hearing at 9:45 AM. MOTION: Vice Chair Shane moved to approve Application No. 17-0827 at 1008 Bel Air Drive A3. The motion was seconded by Member Weiss. ROLL CALL: Vice Chair Shane - Yes Member Weiss - Yes Member Kravit - Yes Member Lewis - Yes Member Mart - Yes Member Reidenberg - Yes Chair Axelrod - Yes Motion carried 7 to 0. C) Application No. 17-0946 —1100 Highland Beach Drive B CONSIDERATION OF A SITE PLAN APPROVAL FOR THE CONSTRUCTION OF A NEW PLATFORM BOATLIFT LOCATED AT SUBJECT PROPERTY, 110013 HIGHLAND BEACH DRIVE, HIGHLAND BEACH, FLORIDA, IN THE RESIDENTIAL MULTI -FAMILY LOW DENSITY (RML) PER TOWN OF HIGHLAND BEACH SECTION 30-67, USES PERMITTED, SPECIAL EXCEPTION, AND PROHIBITED USES, TABLE 30-4 PERMITTED USES. THE APPLICANT IS PROPOSING THE INSTALLATION OF A NEW 16,000 LB. CAPACITY ALUMINUM, 2 POST PLATFORM BOATLIFT. APPLICANT IS ALSO EXTENDING EXISTING DOCK 21'BY 45" TO ACCOMMODATE BOATLIFT. APPLICANT: Damien & Stacey Rabut Chair Axelrod read the title into the record. He asked Town Attorney Shutt what are the procedures for the emails, that have been received, being recorded into the record. Town Attorney Shutt advised the emails could be read into the record or there could be an acknowledgment the emails received, stated for the record. Deputy Town Clerk Cuebas advised there were 3 letters received by the Clerk's Office, one was included in the agenda packet from Mr. Charles Weinfeld, whom is the property owner at 1101 Highland Beach Drive Unit D and the other 2 were received after the agenda was published. The other two emails were sent by Mr. Charles Weinfeld, of 1101 Highland Beach Drive Unit D and Jill and Gennaro Camisa, of 1101 Highland Beach Drive Unit B. Planning Board Regular Minutes Wednesday, February 14, 2018 Page 5 of 11 Vice Chair Shane explained that he was having an issue identifying the property of Mr. and Mrs. Camisa in order to further understand their questions outlined in their email. He asked if Building Official Perez would be able to identify the property and provide clarification on the questions proposed by Mr. and Mrs. Camisa. Chair Axelrod advised that during Building Official Perez's presentation Member Shane would be able to ask those questions. Chair Axelrod asked if the Board members had any ex -parte communications to disclose. Hearing none, the public hearing was opened at 9:49 AM. Staff Presentation: Building Official Perez presented this item and advised he recommended approval based on the fact that the proposal does comply with the Highland Beach's Code of Ordinances. Chair Axelrod asked if the petitioner would like to present their application to the board. The petitioner did not have anything further to add to the Building Officials presentation but did question if he was supposed to be made aware of the letters received. Deputy Town Clerk Cuebas advised that one letter was included in the agenda packet which was published to the public and the other two letters were received after the agenda was published. Town Attorney Shutt advised due to the fact that the letters were received after the agenda was out to the public, the letters were left for the board members and the public could review the additional letters now, if they wanted. Vice Chair Shane referred to the site plan provided, and asked Building Official Perez if the boat lift, as proposed, encroaches the set back of the opposing property owners, Mr. & Mrs. Camisa. Building Official Perez stated it does not and outlined that there is 18 feet currently between the property line and the boat lift. Vice Chair Shane asked what is the setback requirement for this property? Building Official Perez advised that the set back is 12 feet in a RML zoning district. Vice Chair Shane explained that with the information from Building Official Perez, there is no issue of a setback encroachment as described by Mr. and Mrs. Camisa. Member Reidenberg asked if Building Official Perez had reviewed the emails of opposition from the neighboring property owners. Building Official Perez advised he did receive the email from Mr. Weinfeld on February 6, 2018 but was just given a copy of the second email, dated February 9, 2018, this morning. Member Reidenberg questioned if Building Official Perez made any contact with Mr. Weinfeld regarding his questions/complaints. Building Official Perez advised that he did receive a phone call from Mr. Weinfeld and referred him to the Clerk's Office, for the procedures of submitting a letter to be provided to the Board. Member Reidenberg asked if the concerns of Mr. Weinfeld were considered when preparing the staff recommendation. Building Official Perez advised that he considered the application based on the compliance with the Town's Code of Ordinances. Planning Board Regular Minutes Wednesday, February 14, 2018 Paize 6 of 11 Member Lewis asked if there is a reason why the dock has to be extended because of the installation of a boat lift. Building Official Perez advised that he is unsure of the size of the boat therefore he could not answer that question but he did say that the code states that a boat dock can go from property line to property line. Public Comments: There were no public comments. Chair Reidenberg closed the public hearing at 9:55 AM. MOTION: Member Mart moved to approve Application No. 17-0946 at 1100 Highland Beach Drive B. The motion was seconded by Member Kravit. ROLL CALL: Member Mart - Yes Member Kravit - Yes Member Lewis - Yes Member Weiss - Yes Member Reidenberg - Yes Vice Chair Shane - Yes Chair Axelrod - Yes Motion carried 7 to 0. D) Application No. 18-0001— 4212 Tranquility Drive CONSIDERATION OF A SITE PLAN APPROVAL FOR THE CONSTRUCTION OF A NEW PLATFORM BOATLIFT LOCATED AT SUBJECT PROPERTY, 4212 TRANQUILITY DRIVE, HIGHLAND BEACH, FLORIDA, IN THE RESIDENTIAL SINGLE-FAMILY (RS) PER TOWN OF HIGHLAND BEACH SECTION 30-67, USES PERMITTED, SPECIAL EXCEPTION, AND PROHIBITED USES, TABLE 30-4 PERMITTED USES. THE APPLICANT IS PROPOSING THE INSTALLATION OF A NEW 15,000 LB. CAPACITY ALUMINUM, 2 POST PLATFORM BOATLIFT. APPLICANT: Udi Balva Chair Axelrod read the title into the record. He asked if the Board members had any ex -parte communications to disclose. Hearing none, the public hearing was opened at 9:56 AM. Staff Presentation: Building Official Perez presented this item and advised he recommended approval based on the fact that the proposal does comply with the Highland Beach's Code of Ordinances. Planning Board Regular Minutes Wednesday, February 14, 2018 Page 7 of 11 Vice Chair Shane referred to the aerial photo, and questioned if the proposed lift is in the same location as the whips that are outlined on the photo. Building Official Perez advised that the applicant would be able to answer Vice Chair Shane's question. Dave Johnson, Sea Tech Construction, advised that he has not been told to remove anything so he would assume the whips would remain in place. Member Kravit explained that the site plan does show the 22 feet from the property line to the boat dock however the feet between the edge of the boat dock and the proposed boat lift is not shown, making the drawings incomplete. He advised it would be beneficial to have the proposed lift's location outlined on the drawings. Building Official Perez said the proposed lift is well into the 12 foot set back as required by the code. Member Kravit said that he does understand that however the way the drawings are proposed it appears the boat lift would be about 5-10 feet from the edge of the boat dock but the Board cannot be sure. He would feel comfortable if the applicant advised where exactly the boat lift would be constructed. Town Attorney Shutt asked the applicant if he could provide a range as to where the boat lift would be installed as the Board does not want to approve something that they do not know where the boat lift will be located. Mr: Johnson stated the boat lift would start approximately 5 feet into the boat dock. Town Attorney Shutt asked if Building Official Perez was okay with that delineation made by the applicant. Building Official Perez stated he is open to the recommendation. When he reviews the plans if the proposed lift meets the setback requirements, he has no issue. Town Attorney advised that with the clarification from the applicant and Building Official it will be considered part of the record and part of the application. Public Comments: There were no public comments. Chair Axelrod closed the public hearing at 10:05 AM. MOTION: Vice Chair Shane moved to approve Application No. 18-0001 at 4212 Tranquility Drive. The motion was seconded by Member Weiss. Planning Board Regular Minutes Wednesday, February 14, 2018 Page 8 of 11 ROLL CALL: Vice Chair Shane - Yes Member Weiss - Yes Member Kravit - Yes Member Lewis - Yes Member Mart - Yes Member Reidenberg - Yes Chair Axelrod - Yes Motion carried 7 to 0. E) Application No. 17-0696 — 4400 Tranquility Drive CONSIDERATION OF A SITE. PLAN APPROVAL FOR THE CONSTRUCTION OF 342 SQ. FT. EXTERIOR PATIO ADDITION AS PART OF INTERIOR RENOVATION LOCATED AT SUBJECT PROPERTY, 4400 TRANQUILITY DRIVE, HIGHLAND BEACH, FLORIDA, IN THE RESIDENTIAL SINGLE-FAMILY (RS) PER TOWN OF HIGHLAND BEACH SECTION 30-64, TABLE 30-2. APPLICANT: Edward & Natasha Moore Chair Axelrod read the title into the record. He asked if the Board members had any ex -parte communications to disclose. Hearing none, the public hearing was opened at 10:06 AM. Petitioner's Presentation: Edward Moore, Applicant provided testimony with regard to the submitted application. Mr. Moore advised he is doing a full renovation on his home and part of the plans include an outdoor kitchen area and seating space that extends a little further than their current design. Shaun Kogut, Managing Partner with Green Design advised the Board that the setback variance has already been approved by the Board of Adjustment and Appeals. Mr. Kogut clarified that the proposed renovation does not change the aesthesis of the property and the current structure will remain as is. The extension of the outdoor kitchen area will keep with the same architectural design that currently exists. Staff Presentation: Building Official Perez presented this item to the Board and provided the recommendation to the Board to approve the application as it does comply with the Town of Highland Beach's Code of Ordinances. He mentioned that the agenda packet did include the Decision Form from the Board of Adjustment & Appeals which granted the setback variance. Planning Board Regular Minutes Wednesday, February 14, 2018 Page 9 of 11 Public Comments: There were no public comments. Chair Axelrod closed the hearing at 10:08 AM. MOTION: Member Reidenberg moved to approve Application No. 17-0696 at 4400 Tranquility Drive. Member Lewis seconded the motion. ROLL CALL: Member Reidenberg - Yes Member Lewis - Yes Member Kravit - Yes Member Weiss - Yes Member Mart - Yes Vice Chair Shane - Yes Chair Axelrod - Yes Motion carried 7 to 0. F) Discussion on the Streetscape Project — Member Shane provided comments with regard to the Streetscape Project and his recent presentation and questions for the Town Commission. He expressed his concerns about how the project was presented and stated that he believes the project could have been done in an administrative or legal error. He also questioned whether the Department of Transportation had been contacted about drainage. He stated he felt it would be improper to spend 2.1 million dollars and then in a few years DOT comes and rips it up. He suggested to have a proto-type in order for the residents/public to visualize what they would be voting on. He suggested to send a copy of these minutes to the Town Commission and let them revisit the issue. Member Lewis agreed with Member Shane's comments and believes a proto-type is necessary to show the residents what exactly the project will consist of. Member Reidenberg provided comments with regard to the Ad Hoc Committee and the role of the Town Commission. He stated that the Town Commission is ultimately the governing body and they can do as they see fit. Member Shane advised that he wants the project to be done however there is one question that seems to be unanswered; if the Town documents give the authority to the Planning Board then the Town Commission has to abide by those as outlined. Chair Axelrod provided comments with regard to the Planning Board's role. He advised that he believes the Planning Board should function independently and based upon the current ordinances, the Board should be able to review whatever they see necessary. It does not mean the Town Commission must follow what the Planning Board Regular Minutes Wednesday, February 14, 2018 Paae 10 of 11 Planning Board recommends but the Commission should not tell the Planning Board they cannot review projects as they see fit. Member Kravit provided comments regarding the role of the Ad Hoc Streetscape Committee and their capacity with regard to the project. He stated the process that was carried out by the Ad Hoc Committee was strictly budgetary and did not encompass any decisions on designs or aesthetics. He advised that the Planning Board did not have anything to review prior to the approval of the referendum question on the upcoming election ballot. Member Lewis provided comments regarding the need for open communication with the residents, especially when discussing the Streetscape Project. MOTION: Member Lewis moved to have the Planning Board of Highland Beach to have open dialogue and involvement with the Town Commission with regard to the Streetscape project, now and going forward. Member Weiss seconded the motion. Chair Reidenberg questioned if now and going forward meant if the referendum is passed. Member Lewis clarified that planning is essential and the Board should be involved early. Member Kravit provided comments with regard to FDOT and the discussions that took place during the Ad Hoc Streetscape Committee meetings. He stated that getting solid dates out of FDOT is virtually impossible, from his personal experience. His understanding is that if the referendum is approved, then the Planning Board will be involved. Member Reidenberg agreed with Member Kravit advising that his understanding was if the referendum was passed, then the Planning Board would be tasked with reviewing and providing their recommendations to the Town Commission. Member Mart provided comments with regard to the cost of the project and stated that it is not typical that the projects are completed on or under budget. Discussion ensued with regard to the Streetscape project, drainage and the role of the Planning Board within the process. ROLL CALL: Member Lewis - Yes Member Weiss - Yes Member Kravit - No Member Mart - Yes Member Reidenberg - No Vice Chair Shane - No Chair Axelrod - Yes Motion carried 4 to 3. Planning Board Regular Minutes Wednesday, February 14, 2018 Page 11 of 11 8. ADJOURNMENT: There being no further business, Chair Axelrod called for a motion to adjourn the meeting at 10:35 AM. MOTION: Vice Chair Shane moved to adjourn the meeting at 10:35 AM. The motion was seconded by Member Lewis, which passed unanimously. APPROVED: ATTEST: i t erisha Cuebas, Deputy Town Clerk Date: y 1 Z©1