1994.02.16_CEB_Minutes_Regulary
TOWN OF HIGHLAND BEACH
CODE ENFORCEMENT BOARD
REGULAR MEETING - MINUTES
Wednesday, February 16, 1994 9:30 A.M.
Chairman Victor P. Hadeed called the Regular Meeting to order in Com-
mission 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 A. Sarubbi, Leonard D. Bell, and Russell
Richardson.
Also present were Code Enforcement Officer Lee Leffingwell, Town
Attorney Larry Corman and members of the general public.
Before proceeding, Chairman Hadeed called for amendment to the agenda
because of a typographical error contained therein: the Minutes to be
considered for approval were shown as Regular Meeting Minutes of
"December 19, 1993," rather than the correct "January 19, 1994" date.
The agenda was accepted as amended.
• APPROVAL OF MINUTES
The Chairman called for any corrections to the Minutes of the Regular
Meeting of January 19, 1994, and Attorney Corman advised he had one,
i.e., he had been identified as an "associate" of Town Attorney Sliney
when in actuality he was a "partner." MR. HAMERMAN/MR. RICHARDSON
then MOVED to approve the Minutes to include this correction. Motion
met with unanimous favorable vote.
OLD BUSINESS
Citation 2349-93. Marianne Nestor, 4302 Tranquility Dr., Block 3, Lot
4 Bel Lido. Chapter 30, Sec. 5.2(D)(1) [Accessory Uses & Structures].
Chairman Hadeed noted decision had been deferred on this matter, which
was heard at the January 19 meeting, due to insufficient information.
He advised that since that time the members had received all available
information for review regarding the dock addressed under this
Citation and, after determining that no further testimony was forth-
coming from either side, asked for comments from the panel.. VICE
CHAIR GERBER said that after reviewing the materials provided,- it was
her feeling there was not sufficient evidence at this time to prove a
violation does exist. She therefore MOVED to dismiss the Citation,
which was SECONDED by MR. HAMERMAN. The Chairman then called for
• further discussion among the members and input from Attorney Corman.
During the course of the ensuing discussion, Mr. Corman noted that
since the Town's records were "silent" as to what size dock was there
Code Enforcement Board
. Regular Meeting - Minutes
February 16, 1994 Page 2 of 2
before, Ms. Nestor was entitled to have the existing dock "grand-
fathered" in; he also pointed out that Ms. Nestor's testimony, as
well as that of other of her family members, is unrebutted.
Responding to questions regarding the need for a variance, Mr. Corman
said same would not be ncessary if the Citation was dismissed.
Concluding discussion, the Chairman asked for a roll call on the
Motion, which met with unanimous vote.
There being no New or Other Business to come before the Board at this
time, the meeting was adjourned upon MOTION by MRS. GERBER/MR. SARUBBI
at 9:45 A.M.
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APPROVE:
Vic or P. Ha ee Chairman
E en B. Ger er, Vice C airman
•
Me on ~u i n ~/
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Rus a Ric ar son
ATTEST:
DATE:
r ur Hamerman