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2021.10.14_PB_Minutes_Regular • - TOWN OF HIGHLAND BEACH TOWN PLANNING BOARD REGULAR MEETING MINUTES Town Hall / Commission Chambers Date: October 14, 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 David Powell (virtually) Member Roger Brown Member Ilyne Mendelson Member Brian DeMoss Member Harry Adwar Vice Chairperson Eric Goldenberg Chairperson David Axelrod Town Attorney Leonard Rubin 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 the Board members if there were any additions or deletions to the agenda. Hearing none, he called for a motion to approve the agenda as presented, which resulted as follows: MOTION: Goldenberg/Adwar - Moved to accept Agenda as presented. The motion passed on a 7 to 0 vote Chairperson Axelrod welcomed Member David Powell to the Board. 5. SWEARING IN OF THE PUBLIC Deputy Town Clerk Wright swore in those giving testimony. Planning Board Regular Meeting Minutes Date: October 14, 2021 Page 2 of 5 6. PUBLIC COMMENT (limited to five (5) minutes per speaker) There were no public comments for this item. 7. APPROVAL OF MINUTES A. None 8. UNFINISHED BUSINESS: A. None. At the requested of Board Member Mendelson, Town Planner Allen gave an update on the proposed change to the right-of-way ordinance the Planning Board sent back to the Town Commission, advising that the item would be discussed at the October 19, 2021 Town Commission meeting. 9. NEW BUSINESS: A. Development Order Application No. 21-0004 / Albert and Jason Giachetti Application by William Bryant, Waterfront and Environmental Building Consultants, LLC, for a special exception approval to install a 17,000-pound capacity boat lift for a property located at 1118 Bel Air Drive. Chairperson Axelrod read Item 9A into the records and asked the Board members if they have any ex parte communications to disclose? Hearing none, he opened the public meeting 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 of the site plans, and of the property. She gave definitions of a boat lift, the canal width, piling heights, the accessory facilities ordinance, gave history regarding a previous approval of a boat lift in 2012, and advised that on August 31, 2021, the applicant had gone before the Code Enforcement Board for a code violation. She read the violation and the Code Enforcement Board's motion into record verbatim. Discussion among the Board members and Town Planner Allen began about a permit, the particulars of the 90-day compliance motion from the Code Enforcement Board and clarification on why the applicant was before the Planning Board today (installation of a boat lift without obtaining a permit). Town Planner Allen advised that the applicant received Florida Department of Environmental Protection (FDEP) approval and that a separate permit or authorization will not be required by the US Army Corp of Engineers (USACE). She referenced ordinances, gave definitions of Sections 30-68 (h)(1), 30-60 (h)(4), 30-68 (h)(5), 30-68 (h)(3), advised that the boat lift was reviewed by Dr. Michael Jenkins, the Coastal Engineering Principal for Applied Technology Management (ATM) and read his summarized finding into the record. Planning Board Regular Meeting Minutes Date: October 14, 2021 Page 3 of 5 Town Planner Allen advised that if the Planning Board should decide to approve the Special Exception request, including the plans date stamped received by the Building Department on September 10, 2021, the applicant will be required to obtain a building permit from the town's Building Department prior to initiation of construction and per zoning code 30-21(g), and that commencement of construction shall be initiated within two years following the date of approval by the Planning Board. She commented she is available for questions and that Dr. Jenkins with ATM is here to answer questions regarding his report. Chairperson Axelrod asked Dr. Jenkins to come to the podium to present his presentation and to answer questions of the Board Members. Dr. Michael Jenkins introduced himself as the Coastal Engineering Principal with Applied Technology and Management (ATM), and that he was engaged by the town to do a technical review of the presentation and that his opinion letter regarding said is within the Board members packets. He commented that code has very general guidance and that the town code is very nuanced direct regarding some of the issues. He provided summary of his report. The Board members and Dr. Jenkins conversed about perpendicularly docks, and about each home having their own riparian rights. Attorney Rubin advised that allocating riparian rights is a judicial function and that all the Board members can do is enforce the code requirements that are before them today. Chairperson Axelrod asked the Board members if there were any other questions of Dr. Jenkins? The Board members spoke about safety navigation and not taking away people's reasonable expectation of the visual lining to the water. Chairperson Axelrod advised the applicant that he could come to the podium to present presentation. Mr. Albert and Jason Giachetti of 1118 Bel Air Drive gave history and a presentation on a 2012 boat lift approval, the decaying of a boat lift, being a cancer survivor, about miscommunication, the increase of thickness of the metal boat lift beams and boat lift, his neighbors calling Code Enforcement and Code Enforcement Officer Jason Manko putting a stop to the work that was being performed. Mr. Albert Giachetti gave comment about the pressure Town Planner Allen was receiving from his neighbors and that he had satisfied all requirements needed to move forward with the application. He expressed that Town Planner Allen was very good at doing her job. Mr. Albert Giachetti presented an aerial exhibition regarding the application before the board today. The Board members were given two 8'/2 X11 handouts depicting the exhibition for review. There was dialog among the Board members and Mr. Albert & Jason Giachetti about 16 townhomes that share 250 feet of seawall, 10 perpendicular boat slips, the distance the boat slips go in the canal, the size of Mr. Giachetti's boat, emails received Planning Board Regular Meeting Minutes Date: October 14, 2021 Page 4 of 5 from Mr. Giachetti's neighbors, a 10 by 10 elevator lift, and the increase in size of the I-beams. The Board members had the following concerns: impeding access of others, and view standpoint. Town Planner Allen added additional comment about perpendicular docking and that the two boat lifts discussed earlier at the west end of the canal were approved at 10,000-pound capacities. She gave clarification/rebuttals on comments made by Mr. Albert Giachetti (1), Him having to pay funds for the hire of a marine consultant; however, the town has an authorized marine consultant expert professional services agreement with (ATM), as the town's marine consultant (2), That Mr. Albert Giachetti's statement that staff was under pressure from the residents, is not a correct statement. On June 24, 2021 , when the applicant provided the Development Order Application, staff reviewed it and provided comments to Mr. Giachetti. The Board thanked Town Planner Allen for the exceptional job she had done in the matter. Chairperson Axelrod asked if there were any public comments regarding the matter? Mr. Julian Veitch of 4500 S Ocean Blvd provided public comment and asked for a little leeway on the five minutes allotted for public comment to speak on behalf of the Camino Cove Community. He spoke about the emails sent with regards to the disapproval of the application and presented a PowerPoint presentation. There was conversation among the Board members and Mr. Veitch regarding his presentation. Chairperson Axelrod asked if there were any other public comments. Hearing none, he closed the public meeting and asked for a motion to approve, a motion to approve with conditions or a motion to deny the request, which resulted as follows. MOTION: Brown/Mendelson - Moved to approve Development Order Application No. 21-0004 as presented by Town Planner Ingrid Allen. The motion passed on a 7 to 0 vote. 10. ANNOUNCEMENTS: October 19, 2021 - 1:30 P.M. Town Commission Meeting November 09, 2021 - 1:30 P.M. Town Commission Meeting November 10, 2021 - 9:30 A.M. Planning Board Regular Meeting Planning Board Regular Meeting Minutes Date: October 14, 2021 Page 5 of 5 11. ADJOURNMENT Chairperson Axelrod called for a motion to adjourn the meeting at 10.53 A.M., which resulted as follows: MOTION: Adwar/Goldenberg — To adjourn the meeting. The motion passed on a 7 to 0 vote. APPROVED at the 10 2021, Planning Bo pigular Meeting �?•'QORAT�•eF.9 "Op 9 �Z 194 s o% � Eric Goldenberg, Chairpe on A ST: r �Q+I't• ••�FLOR��P Transcribed by: Beverly Wright Beve Wright Date Deputy Town Clerk Disclaimer: Effective May 19, 2020, per Resolution No. 20-008, all meeting minutes are 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: https://highlandbeach-fl.muni/codemeetings.com/.