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2008.11.12_PB_Minutes_Regular• TOWN OF HIGHLAND BEACH MINUTES OF THE PLANNING BOARD REGULAR MEETING Wednesday, November 12, 2008 9:30 A.M Members Present: Chair Louis P. Stern; Board Member Marie Marchesani; Board Member Patricia A. Pembroke; Board Member Dennis Sheridan; Building Official William Kraemer; and Deputy Town Clerk Janice M. Moore Members Absent: Board Member Max Angel (Excused); Board Member Joseph S. Yucht (Excused); Board Member Ken Tapman (Excused) CALL TO ORDER: Chair Stern called the Regular Meeting to order at 9:30 a.m. Roll call was taken by Deputy Town Clerk Moore. The Pledge of Allegiance followed. Chair Stern introduced Bill Kraemer, the new building official and Dennis Sheridan, a new board member. • 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Board Member Marchesani moved to accept the agenda as presented. Board Member Sheridan seconded the motion, which passed unanimously. 2. PUBLIC COMMENTS AND REQUESTS: • None Chair Stern reported that the Town Commission had its first public hearing on Milani Park and that the Board's work was being reflected. He noted that three (3) more public hearings were taking place in the months of December, January and February. 3. PRESENTATIONS: • None 4. APPROVAL OF MINUTES: Board Member Sheridan moved to approve the minutes of September 22, 2008. Board Pembroke seconded the motion, which passed unanimously. • Planning Board Regulaz Meeting 11/12/08 Page 1 of 4 • Board Member Pembroke moved to approve the minutes of October 8, 2008. Board Marchesani seconded the motion, which passed unanimously. 5. OLD BUSINESS: • None 6. NEW BUSINESS: 4016 S. Ocean Blvd, Site Plan Review Request fora 16,000 lb. Boat Lift & Two (2) Concrete Support Piles Building Official Kraemer noted that the applicant was requesting a site plan review for a 16,000 lb. boat lift with two (2) concrete support piles. He answered various questions asked by the Board. Chair Stern asked if the application could be approved today without a public hearing, subject to the Building Official's monitoring and the approval from the Army Corp of Engineers. Building Official Kraemer responded stated that there was no resident located within one hundred feet (100') of the said property and that an approval letter had been received from Ocean Cove. Board Member Marchesani moved to approve the application subject to Army Corp of Engineers approval. Board Member Pembroke seconded the motion, which passed • unanimously. 4308 Intracoastal Dr., Site Plan Review Request fora 16,000 lb. Boat Lift Building Official Kraemer noted that the applicant was requesting a site plan review for a 16,000 lb. boat lift. He added that the owner will be pulling a permit for the electric. Chair Stern noted that there were a couple of objections prior to the meeting, but they were satisfied by the Building Official. Board Member Sheridan moved to approve the application. Board Member Pembroke seconded the motion, which passed unanimously. Public Comments Eugene Garrett, 1070 Bel Lido Drive, expressed great concern for the condition of the seawall and requested expert testimony to confirm that seawall would withstand the weight of the boat lift. He also expressed concerns of the boat lift being in violation of the code regarding the boat lift extending into the navigatable waterway. Ken Wells, Boca Dock and Seawall (representing the owner) addressed Mr. Garrett's concern regarding the seawall. Chair Stern stated that the Board was approving the construction and monitoring only, and that the applicant still need to get the approval from the Army Corp of Engineers. r: Planning Boazd Regulaz Meeting 11/12/08 Page 2 of 4 • 4307 Intracoastal Dr., Site Plan Review Request fora 1,500 Ib. Boat Davit (Electric) - Preliminary Review Chair Stern asked if the application could be approved today without a public hearing, if it was determined as a lifting device. Building Official Kraemer noted that the applicant was requesting a site plan review fora 1,500 lb. boat davit (electric). He added that this application did not apply to the exemption of a public hearing since the lifting device was referenced in the accessory facilities portion of the code and the lot was greater than fifty feet (50'). Chair Stern noted that he had visited the property and spoke to neighbors who did not have any objections. Eugene Garrett, 1070 Bel Lido Drive, expressed concern for not receiving notice of the application for public hearing, violations of the setbacks and the additional strain to the seawall. Chair Stern clarified that this was a preliminary review not a public hearing. There was extensive discussion regarding the setback. Building Official noted that the property was field measured by Former Building Official Richard Dawson, but he would need a plat for accuracy. Mitch Scavone, Ray Qualmann Marine Construction, provided an overview of application. He noted that the seawall had been reinforced and structurally accurate. Board Members Pembroke and Marchesani both requested a site review. In addition, Chair Stern requested a plat providing for an expert measurement. Mr. Scavone noted that he would submit a sealed survey for the public hearing. Chair Stern noted to • him that an onsite inspection would be completed by the Town, but he would need to complete the public hearing notice requirements. By consensus, this application was scheduled for Public Hearing on Wednesday, December 10tH Task Force for Code Revisions Chair Stern noted that the Planning Board had created a task force to review the code for errors and omissions and to discuss the problems with personal water crafts and floating docks. He continued to say that the Planning Board was getting ready to make a presentation when the task force was deemed not legal because it was not appointed by the Town Commission. He added that he asked Town Attorney Sliney to compile a letter to the Town Commission to request the revisions before 2010, to consider the errors and omissions and to approve an additional meeting per month with experts. By consensus, the Board agreed to wait until a full Board attendance was present to take any action. Tony Ruotoli, 3400 South Ocean Blvd., offered his expert assistance. By consensus, the Board agreed to meet on Dec. 10th at 9:00 a.m. for an onsite inspection for 4307 Intracoastal Drive with the regular meeting and public hearing to follow. • Planning Board Regular Meeting 11/12/08 Page 3 of 4 • 7. ADJOURNMENT: Board Member Sheridan moved to adjourn the meeting at 10:30 a.m. Board Member Marchesani seconded the motion, which passed unanimously. APPROVED: L uis .Stern, Chair Excused Ken Tapman, Vice Chair TOWN SEAL Excused M gel, Board, ber _ ~~~ Marie Made`"s~trk.Boaxd Member Pa~ri~Pembroke. Board Member C7 Dennis Sherid~ Board Member Joseph S. Y' ATTESTED: Jan ce M. Moore Deputy Town Clerk • Planning Boazd Regular Meeting 11/12/08 Page 4 of 4