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2021.09.30_PB_Minutes_Regular • TOWN OF HIGHLAND BEACH TOWN PLANNING BOARD SPECIAL MEETING MINUTES Town Hall / Commission Chambers Date: September 30, 2021 3614 South Ocean Boulevard Time: 9:30 AM Highland Beach, Florida 33487 1. CALL TO ORDER Vice Chairperson Goldenberg called the meeting to order at 9:30 A.M. 2. PRESENT UPON ROLL CALL Member David Powell Member Roger Brown Member Ilyne Mendelson Member Brian DeMoss Member Harry Adwar Vice Chairperson Eric Goldenberg Chairperson David Axelrod (Absent) 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. Vice Chairperson Goldenberg welcome new Member, Mr. David Powell to the Board. 4. APPROVAL OF THE AGENDA Vice Chairperson Goldenberg 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: Mendelson/DeMoss - Moved to accept the agenda as presented. The motion passed on a 6 to 0 vote 5. SWEARING IN OF THE PUBLIC Deputy Town Clerk Wright swore in those giving testimony. 6. PUBLIC COMMENT (limited to five (5) minutes per speaker) Planning Board Regular Meeting Minutes Date: September 30, 2021 Page 2 of 4 There were no public comments for this item. 7. APPROVAL OF MINUTES A. June 10, 2021 Chairperson Axelrod asked the Board members if there were any corrections to the minutes of June 10, 2021? Hearing none, he asked for a motion to approve the minutes, which resulted as follows: MOTION: DeMoss/Mendelson - Moved to approve the June 10, 2021 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. 21-0006/Robert H. Wiebelt Application by William R. Thomas, Unlimited Permit Services Inc., for a Special Exception Approval to install a 12,000-pound capacity boat lift in slip No. 4 for a property located at 4036 South Ocean Boulevard. Vice Chairperson Goldenberg read Item 9A into the records and asked the Board members if they have any ex parte communications to disclose? Member Powell advised that Mr. Wiebelt is a neighbor of his and that he is also the Treasurer of the Homeowners Association for Ocean Cove, where he resides. Vice Chairperson Goldenberg opened the public meeting and called for Town Planner Allen to present her recommendations regarding the application. Town Planner Allen read into the records and presented a PowerPoint Presentation of the Development Order depicting aerial photographs of the site plans, and of the property. She advised that the applicant received approvals by the Florida Department of Environmental Protection (FDEP) and US Army Corp of Engineers (USACE); that staff is recommending approval of the application based on the standard conditions, that prior to the initiation of construction, the applicant will be required to obtain a building permit from the town's Building Department, that pursuant to section 30-21(g) of the town Code, commencement of construction shall be initiated within two years following the date of approval by the Planning Board and that on August 17, 2021, plans were received by the Building Department. Vice Chairperson Goldenberg asked the Board members if they have any questions of Town Planner Allen? Planning Board Regular Meeting Minutes Date: September 30, 2021 Page 3 of 4 Additional clarification, recommendations and opinions were given among the Board members, and Town Planner Allen regarding the item. The applicant also gave a brief remark. Vice Chairperson Goldenberg asked if there were any other questions from the Board members. 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: DeMoss/Mendelson - Moved to approve Development Order Application No. 21-0006, as presented. The motion passed on a 6 to 0 vote. B. Proposed Ordinance Pertaining to Public Right-of-Way An Ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances, Chapter 12 "Construction Sites," Chapter 25 "Streets, Sidewalks and Bicycle/Walkway Paths," Chapter 28 "Xeriscape-Landscape Requirements, Installation, and Maintenance" and Chapter 30, "Zoning Code," to allow for certain improvements and to provide protection of swales located within the public right-of- way. Vice Chairperson Goldenberg read Item 9B into the records and referred the item to Town Planner Allen to present. Town Planner Allen discussed information about the right-of-way permitting ordinance that went before the Planning Board on September 10, 2020, and about the creation of a right-of-way map at the request of the Planning Board. The map is now available under the Building Department's section of the town's webpage. She gave a timeline report on the Town Commission's recommendations of November 5, 2020, to simplify the ordinance and of December 5, 2020, to agreeing not to move forward with standalone right-of-way regulations, but to tighten up existing code provisions. She advised of several revisions to the ordinance, which is included in the Board's Staff Report and were introduced to the Town Commission on March 2"d, April 61h and August 171h, the date the ordinance was approved by the Town Commission, with the two exceptions included in the Staff Report. She gave an overview, gave definitions and gave history on why the ordinance was before the Board today. The Board and Town Planner Allen discussed exceptions, the trigger of permits in a swale and the right to challenge if a permit is not issued; about ways to mitigate possibly making it work, and about going before the appeals board not being a part of the ordinance. Conversations about depressed linear area, exfiltration on properties, and the protection of the town's infrastructure were also discussed. The Board Members continued discussion about the Town Commission's recommendations, and gave their opinions to Town Planner Allen about them. They spoke about the reason why they would not be in favor of revising an ordinance that did not have some kind of appeals procedure or standards in it and gave their views on site plan approval and drainage calculations. Planning Board Regular Meeting Minutes Date: September 30, 2021 Page 4 of 4 Vice Chairperson Goldenberg asked for a motion for the item, which resulted as follows: MOTION: Mendelson/DeMoss - Moved to approve with recommendations subject to: (1) the incorporation of a more comprehensive definition of the term swale; and (2) the inclusion of a provision that would allow a person to appeal the denial of a right-of-way permit to the Board of Adjustment and Appeals. 10. ANNOUNCEMENTS: October 05, 2021 - 1:30 P.M. Town Commission Meeting October 07, 2021 - 9:30 A.M. Board of Adjustment & Appeals Meeting October 11, 2021 - Town Hall Closed in Observance of Columbus Day October 12, 2021 - 2:00 P.M. Code Enforcement Board Meeting October 14, 2021 - 9:30 A.M. Planning Board Regular Meeting October 19, 2021 — 1:30 P.M. Town Commission Meeting 11. ADJOURNMENT Vice Chairperson Goldenberg called for a motion to adjourn the meeting at 10:07 A.M., which resulted as follows: MOTION: Adwar/DeMoss — To adjourn the meeting. The motion passed on a 6 to 0 vote. APPROVED at the Nove 2021, Planning Board Regular Meeting GNLANp_ •.•'Q O RA r'•.•E` 2 ` 3 is 19�9 Eric Golde erg, Chairperson ATTEST: �• �' �,r•� `*•S '...•�P Transcribed by: Beverly Wright � 0 &e4rly 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.municodemeetings.com/.