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2021.02.11_PB_Minutes_Regular • TOWN OF HIGHLAND BEACH PLANNING BOARD REGULAR MEETING MINUTES Town Hall / Commission Chambers Date: February 11, 2021 3614 South Ocean Boulevard Time: 9:30 AM Highland Beach, Florida 33487 1. CALL TO ORDER Chairperson Axelrod called the meeting to order at 9:30 A.M. 2. PRESENT UPON ROLL CALL Member Roger Brown (virtually) Member Ilyne Mendelson Member Brian DeMoss Member Harry Adwar Vice Chairperson Eric Goldenberg Chairperson David Axelrod Town Attorney Leonard Rubin (virtually) Deputy Town Clerk Beverly Wright ADDITIONAL STAFF PRESENT Town Planner Ingrid Allen 3. PLEDGE OF ALLEGIANCE The Board members led the Pledge of Allegiance. 4. APPROVAL OF THE AGENDA Chairperson Axelrod asked if there were any additions or deletions to the agenda? Hearing none, he called for a motion to accept the agenda as presented, which resulted as follows: MOTION: Goldenberg/Adwar - Moved to accept the agenda. The motion passed on a 6 to 0 vote 5. SWEARING IN OF THE PUBLIC Chairperson Axelrod asked those giving testimony to raise their right hands, so they can be sworn in. Deputy Town Clerk Beverly Wright swore in those giving testimonies. Virtual Planning Board Regular Meeting Minutes Page 2 of 4 Date: February 11, 2021 6. PUBLIC COMMENT (limited to five (5) minutes per speaker) There were no public comments for this item. 7. APPROVAL OF MINUTES A. November 12, 2020 Planning Board Regular Meeting Minutes December 10, 2020 Planning Board Regular Meeting Minutes Chairperson Axelrod asked the Board members if there were any corrections to the minutes of November 12, 2020? Hearing none, he asked for a motion to approve the minutes, which resulted as follows.- MOTION: ollows:MOTION: DeMoss/Goldenberg - Moved to approve the November 12, 2020 Minutes as presented. The motion passed on a 6 to 0 vote Chairperson Axelrod asked the Board members if there were any corrections to the minutes of December 10, 2020? Hearing none, he asked for a motion to approve the minutes, which resulted as follows: MOTION: Adwar/Goldenberg - To approve the December 10, 2020 Minutes as presented. The motion passed on a 6 to 0 vote 8. UNFINISHED BUSINESS: A. None. 9. NEW BUSINESS: A. Development Order Application No. 20-0009/Gestion E. Bernier Application by Unlimited Permit Services, Inc., for a Special Exception approval to replace a 715 square foot dock with a 544 square foot marginal dock, install 158.5 linear feet of seawall, and install an eight (8) pile 40,000-pound capacity boat lift for the property located at 4205 Intracoastal Drive. Chairperson Axelrod read Item 9A into record and asked the Board members if they had any ex parte communications to disclose? There were none, so he opened the public hearing and called for Town Planner Allen to present her recommendations regarding the application. Town Planner Allen presented a PowerPoint Presentation of the Development Order depicting aerial photographs and site plans. She discussed the property location, setback, Virtual Planning Board Regular Meeting Minutes Page 3 of 4 Date: February 11, 2021 the boat lift, town's code, the superstructure, the height of the pilings from the dock, the applicant's approval from Florida Department of Environmental Protection (FDEP), provided staff's recommendations, advised that she would answer questions and mentioned that the applicant's authorized agent was at the meeting. Member DeMoss asked Town Planner Allen if the town would ever move forth with a code for maximum pilings height? Town Planner Allen advised that staff was currently working on an ordinance with the town's Marine expert and that there had been sponsorship of the ordinance from Vice Mayor Babij. Additionally, there was continuous dialogue among the Board members and Town Planner Allen regarding piling height, single family residence approval, navigation on the canal, contacting the neighbors and about the seawall (for complete audio, please visit www.highlandbeach.us). Town Planner Allen added to the records that as part of the development review process, she provided the plans to the town's Marine expert, Applied Technology & Management, Inc., (ATM) Dr. Jenkins and has an email from him indicating that he saw no issues with the proposed construction relative to hazard to navigational infringement of standard motivational practices. She advised that Dr. Jenkins' said that the canal is sufficiently wide and straight in this area to accommodate vessel use. Chairperson Axelrod asked the applicants to make their presentation. Mr. William Thomas from Unlimited Permit Services, Inc 6311 NE 19th Street, Suite #2, Ft. Lauderdale, Florida advised that he was at the meeting to answer any questions and advised that Town Planner Allen was very good and through at her job. She made sure they followed the code and that they gave her everything they could to make sure they presented something that could be approved by the board. Chairperson Axelrod asked if anyone from staff had any questions of the applicant. Member Brown asked if there was a restriction on the height because it showed in the drawing that the height of the keel will be above the dock. Town Planner Allen read the code into record and advised that the applicant is consistent with it. Chairperson Axelrod asked if there were any other questions from the Board. Hearing none, he closed the public hearing and asked for a motion to approve, a motion to approve with conditions or a motion to deny the request. MOTION: Mendelson/DeMoss — Move to approve Agenda Item 9A as presented. Upon roll call, the motion passed on a 6 to 0 vote Member Mendelson asked if there was an update on the lawsuit of the other boat lift (1006 Grand Court)? Attorney Rubin advised that they filed an appeal and the court issued an order to show cause, so they have to respond to the appeal. He advised on a related Virtual Planning Board Regular Meeting Minutes Page 4 of 4 Date: February 11, 2021 note, that in January, they did bring the matter before the Code Enforcement Board. The Board tabled it because there was a pending motion to stay in the Circuit Court. The Circuit Court did grant the stay, so they are unable to take any code enforcement related actions to the pilings until the appeal is resolved. He advised that it was most likely going to be a while; the Appellate Division moves quite slowly. Vice Chairperson Goldenberg commented with the appeal in process, the applicant cannot put a boat on the lift and use it at this point. Town Attorney Rubin advised that the applicant cannot do anything. He is also enduring from doing any sort of activities with respect to the pilings. They (the pilings) are just going to sit there as they are until the appeal is resolved. 10. ANNOUNCEMENTS: February 15, 2021 - Town Hall Closed in Observance of Presidents' Day February 16, 2021 - 1:30 P.M. Town Commission Meeting March 02, 2021 - 1:30 P.M. Town Commission Meeting March 11, 2021 - 9:30 A.M. Planning Board Meeting 11. ADJOURNMENT Chairperson Axelrod called for a motion to adjourn the meeting at 9:50 A.M. MOTION: Adwar/DeMoss — To adjourn the meeting. The motion passed on a 6 to 0 vote. APPROVED at the-March 11, 2021, Planning Board Regular,Meet!- 0 avicAxelro , C airperson ATTEST �• = ` -' u •' �y Transcribed by: Beverly Wright ialLcz 1 trly Wrig l Date Deputy Town Clerk Disclaimer: Effective May 19, 2020, per Resolution No. 20-008, all meeting minuteswe transcribed as a brief summary reflecting the event of the meeting. Verbatim audio/video of this meeting can be found on the town's Media Archives & Minutes webpage: httpsWhighlandbeach-fl.municodemeetings.com/.