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1994.01.19_CEB_Minutes_Regular TOWN OF HIGHLAND BEACH • CODE ENFORCEMENT BOARD REGULAR MEETING - MINUTES Wednesday, January 19, 1994 9:30 A.M. Chairman Victor P. Hadeed called the Regular Meeting of the Code En- forcement Board to order in Commission Chambers at 9:30 A.M. Deputy Town Clerk Doris Trinley called the roll. Present were the Chairman, Vice Chair Ellen B. Gerber and Regular Members Merton Rubin, Arthur Hamerman, Joseph Sarubbi and Russell Richardson. Regular Member Leonard D. Bell was absent. Also present were Town Attorney Thomas E. Sliney and Code Enforcement Officer Lee Leffingwell. Mayor Arlin Voress, Vice Mayor Bill Paul, Town Manager Mary Ann Mariano and Mr. Sliney's partner, Attorney Larry Corman, were in attendance, as were members of the general public. APPROVAL OF MINUTES Upon MOTION by MR. HAMMERMAN/MR. SARUBBI, the Minutes of the Regular • Meeting held November 17 were unanimously approved. OLO BUSINESS CITATION 2345-93. Roy and Mary Lemon. 4201 Intracoastal Drive. Ghap. 6 Sec. 130 (Maintenance of Seawalls), Sec. 132 (Abatement of Nuisance), Chap 13 Land Clearance). Ms. Leffingwell advised that all violations for which the Lemons had been cited had come into compliance. She said some further repairs to the property sti 1 1 have to be addressed , and Dr . Lemon had agreed to meet personally with her to discuss priority projects, which would hopefully negate the necessity of issuing any future Citations regard- ing the condition of the property. CITATION 2348-93. Lucia Milani. Lots 9 & lOW. Chap. 20, Sec. 140 (Ex- ceptions for Betterment Plans). Ms. Leffingwell advised that Mrs. Milani had completed the landscaping on the lot; to allow for access, only one tree was not planted. She noted the project was now completed and in compliance with Code. For the record, the Board acknowledged Ms. Leffingwell's accounts of the above Citations, which were then declared to be satisfied. • 4 Code Enforcement Board Regular Meeting - Minutes Januar 19, 1994 Pa e 2 of 4 NEW BUSINESS CITATION 2349-93. Marianne Nestor. 4302 Tranquility Dr ., Block 3, Lot 4, Be Lido C ap 30, Sec 5.2(d)(1) (Accessory Uses & Structures). Before testimony began, persons wishing to testify, including the Code Enforcement Officer, were sworn in by the Deputy Town Clerk. Ms. Leffingwell first addressed the members, giving a history of what she termed an "ongoing problem." She said the existing dock extended into the setback by approximately 10' on the west side. It was also noted that some years ago it was believed a smaller dock existed at this address, which was somehow allowed to remain when others in the immediate area had to be removed in order to comply with zoning codes. Noting that the current problem had existed through the tenures of several of her Code Enforcement Officer predecessors, Ms. Leffingwell referred to a permit issued to BK Marine approximately 10 years ago. The drawing submitted for permit at that time was inaccurate and indicated that a dock was to be "installed." However, the then Building OfficiallCode Enforcement Officer never completed inspection of the finished project because the dock was "too long." And so the • problem remained, for various reasons, through to the present time, with several of her predecessors being unsuccessful in bringing the property into compliance. Cutting to the present, Ms. Leffingwell advised that BK Marine, in a effort to help rectify what might have been a mistake on their part relative to an incorrect drawing being submitted 10 or so years ago, had offered to remove, at their expense, that portion of the dock which extended into the setback. This would result in an approximate 5'x5' dock, which the Town would most likely allow to be "grand- fathered in" thereby giving the benefit of doubt that if indeed a small dock had existed some years ago, a Zoing Code change at that time would probably have allowed same. Concluding her remarks, Ms. Leffingwell stated that BK's offer had been rejected by the current owner, under the premise that a dock of the current size had been in place going back to the time when the house served as a "model" for the Bel Lido development in the early 1970's. She also noted that "repair and maintenance" of an existing dock would not require a permit; therefore, the fact that a permit had been applied for by BK Marine some 10 years ago, would indicate that something other than "repair and maintenance" had indeed taken place. Consequently, first a Notice of Violation, followed in due course by the Citation, had been served. • Marianne Nestor, current owner of the property next addressed the members, giving a description of ownership through the years, which included two of her sisters and finally herself. She said the dock Code Enforcement Board • Regular Meeting - Minutes January 19, 1994 Page 3 of 4 as it now existed, existed when her family had initially purchased the house. She also noted that the family to this date had never owned a boat or used the dock for boating purposes; in this regard, she also referred to the shallowness of the water at the dock site which would preclude other than the use of a small boat. Further, she disputed that BK Marine had offered to remove "just the area of dock that extended into the setback;" rather she contended that what BK Marine had offered to do was to "take the entire dock out to sea." During the course of her remarks she also indicated that a previous Code Enforcement Officer had advised to just "do nothing." Citing among other things the stress this situation had created for her rather aged father, who resides at the property, Ms. Nestor re- quested that the Board see fit to allow the dock to remain as is, particularly since none of the family owns not even a small boat and has no plans to purchase one. Ms. Nestor's sister and brother-in-law, Camille and Larry Todd, next addressed the Board, confirming Ms. Nestor's statements. At this time, Town Manager Mary Ann Mariano asked to be heard and was sworn in. She stated that the problem had indeed been ongoing and • several Code Enforcement Officers had endeavored to get the Nestor family - whoever was the owner down through the years - to cooperate in complying with Code. In regard to this ongoing uncooperative attitude, she made note that the immediate previous Code Enforcement Officer had felt the need to request - and had received - police department accompaniment to the property. After all testimony had been given, discussion took place among the members wherein it was agreed that they would require more time to review the information that both Ms. Leffingwell and Ms. Nestor had submitted. Therefore, on advice of counsel, MOTION was made by MRS. GERBER/MR. HAMERMAN to defer any decision at this time and to include this Citation as an agenda item for the February 16, 1994 Regular Meeting. The Motion met with unanimous favorable vote. Town Attorney Sliney requested that Ms. Nestor submit a copy of all information she had presented and instructed the Deputy Town Clerk to denote each copy as an exhibit item. There being no further business to come before the Board at this time, Chairman Hadeed adjourned the meeting at 10:20 AM upon MOTION by MRS. 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