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2023.04.13_PB_Minutes_RegularaTOWN OF HIGHLAND BEACH PLANNING BOARD REGULAR MEETING MINUTES Town Hall / Commission Chambers Date: April 13, 2023 3614 South Ocean Boulevard Time: 9:30 AM Highland Beach, Florida 33487 1. CALL TO ORDER Chairperson Goldenberg called the meeting to order at 9:30 A.M. Town Clerk Gaskins announced that a quorum was present. 2. ROLL CALL Board Member David Powell Board Member Jason Chudnofsky Board Vice Chairperson Ilyne Mendelson Chairperson Eric Goldenberg Town Attorney Leonard Rubin Town Clerk Lanelda Gaskins ABSENT Board Member Brian DeMoss Board Member Roger Brown Board Member Harry Adwar ADDITIONAL STAFF PRESENT Town Planner Allen 3. PLEDGE OF ALLEGIANCE The Board Members led the Pledge of Allegiance to the United States of America. 4. APPROVAL OF THE AGENDA The agenda was amended as follows: Item 8.A, under Unfinished Business was moved to Item 9.A., and Item 9.A. under New Business was moved to Item 8.A. MOTION: Powell/Chudnofsky - Moved to approve the agenda as presented, which passed unanimously 4 to 0. Planning Board Regular Meeting Minutes Date: April 13, 2023 Page 2 of 5 5. SWEARING IN OF THE PUBLIC Town Clerk Lanelda Gaskins swore in those giving testimony 6. PUBLIC COMMENT Ms. Maggie Chappelear provided comments in support of Development Order Application No. 22-00019/James Paris and Karen Mueller -Paris. 7. APPROVAL OF MINUTES A. March 09, 2023 Vice Chairperson Mendelson inquired about Item 9.C., Proposed amendment to the Town Code of Ordinances to incorporate sea turtle protection lighting standards and suggested that the minutes include more summary about the proposed ordinance. Town Clerk Gaskins mentioned that the minutes will be amended to include an additional summary about the proposed ordinance and will bring the minutes back at the next meeting. Chairperson Goldenberg TABLED the minutes until the next meeting. 8. UNFINISHED BUSINESS A. Discussion of proposed changes ("amendment concepts") to the Accessory Marine Facility (AMF) and Seawall Regulations of the Town Code. Chairperson Goldenberg read the title of the item and referred the item to Town Planner Allen. Town Planner Allen presented a PowerPoint Presentation of the Proposed changes ('amendment concepts") to the Accessory Marine Facility (AMF) and Seawall Regulations of the Town Code. There was discussion about the proposed amendment concepts related to the setbacks, the ladder requirements, and floating docks. Vice Chairperson Mendelson suggested that should be a concept for multi -family properties. In addition, there were discussions about regulations related to floating docks. Town Planner Allen indicated that there are provisions in Section 38-68 (H)(6) of the Town Code regulating floating docks. Town Attorney Rubin explained that there is a Florida Statute regulating floating platforms. He will go back and look at the provisions. Planning Board Regular Meeting Minutes Date: April 13, 2023 Page 3 of 5 Town Planner Allen mentioned that the exemption is for floating platforms. Discussion followed about regulating setbacks on floating platform. Town Attorney Rubin indicated that he would be prepared to speak on this matter at the next meeting. Vice Chairperson Mendelson explained that the three (3) amendment concepts were shown but encroachment into the water was not discussed. She asked if everyone was happy with the encroachment into water amendment. There was discussion about the encroachment in regard to landward vs property line. The Board agreed that the amendment should be easy to follow and does not require people to come in and get special exceptions. Town Attorney Rubin will research floating platform and bring back the information. The Board will further discuss the maximum height or seawalls. Town Planner Allen will bring back the slides that deal with setbacks related to multi -family properties at the next meeting. 9. NEW BUSINESS A. Development Application No. 22-0018 / Non Sibi LLC Application By Darrin Dunlea, Seadar Builders, for an amendment to a previously approved special exception request (No. 21-002) to install a 232 square foot wood dock, two (2) mooring piles, a 12,000 -pound capacity jet ski platform lift and a 30,000 pounds capacity no profile boat life for the property located at 4206 Intracoastal Drive. Chairperson Goldenberg read the title of the item and asked the Board members if they had any ex parte communications to disclose. The members had no ex parte communications. Chairperson Goldenberg opened the public hearing and called 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 property with the existing dock, survey, and dock details. She referenced a June 10,2021 Planning Board Approval that the applicant received for a special exception. She reviewed the structures that were approved and installed and the items that were approved but not installed. She advised that the applicant received authorization from the Florida Department of Environmental Protection (FDEP) and the US Army Corps of Engineers (ACOE) for the proposed exception. Staff indicated that if the Planning Board approve the request to install a 232 square foot wood dock, two (2) mooring piles, a 12,000 -pound capacity jet ski platform lift and a 30,000 pounds capacity no profile boat lift for the property located at 4206 Intracoastal Drive with the following conditions: The no profile boat lift and jet ski platform shall only be utilized to store vessels and not for any other purpose including but not limiting Planning Board Regular Meeting Minutes Date: April 13, 2023 Page 4 of 5 to walking, gathering and sitting. No mooring of any boat or vessel is permitted along any side of either the no profile boat lift or the jet ski platform. The applicant will be required to obtain a building permit from the Town of Highland Beach Building Department. Pursuant to Section 30-21(g) of the Town Code, the commencement of construction shall be initiated within two (2) years following the date of approval by the Planning Board. Applicant Agent, Darren Dunlea of Seadar Builders was present. There was discussion of the recommended conditions. The public hearing was closed followed by a motion. MOTION: Chudnofsky/Mendelson - Moved to approve Development Application No. 22-0018 as presented with staffs recommendations, which passed unanimously 4 to 0. B. Development Application No. 22-00191 James Paris and Karen Mueller - Paris Application by Chris Beale, Bealecon Construction LLC, for a major modification to an existing building as provided by Section 30-39 of the Town Code for the property located at 1106 Bel Air Drive. Chairperson Goldenberg read the title of the item and asked the Board members if they had any ex parte communications to disclose. The members had no ex parte communications. Chairperson Goldenberg opened the public hearing and called Town Planner Allen to present her recommendations regarding the application. Town Clerk Gaskins mentioned that James Paris, property owner joined the meeting virtually and needed to be sworn in. She proceeded to swear in James Paris. Town Planner Allen presented a PowerPoint Presentation of the Development Order depicting aerial photographs of the site plans, the property, and plans/renderings of the major modifications to be made at 1106 Bel Air Drive. Following approval by the Planning board the applicant will be required to obtain a building permit for exterior modifications from the Town of Highland Beach Building Department. Pursuant to Section 30-21(g) of the Town Code, the commencement of construction shall be initiated within two (2) years following the date of approval by the Planning Board. Mr. Shame Ames of Ames Architect was present along with Chris Beale of Beal Con Construction. The public hearing was closed followed by a motion. Planning Board Regular Meeting Minutes Date: April 13, 2023 Page 5 of 5 MOTION: Chudnofsky/Powell- Moved to approve Development Application No. 22-0019, which passed unanimously 4 to 0. 10.ANNOUNCEMENTS Chairperson Goldenberg read the announcements as follows. April 18, 2023 1:30 P.M. April 26, 2023 11:30 A.M. May 02, 2023 1:30 P.M 11. ADJOURNMENT The meeting adjourned 10:42 A.M. APPROVED on May 11, 2023, Planning Board ATTEST: 360.— 1949 Y 4 Lahelda Gaskins, Town Clerk Town Commission Meeting Financial Advisory Board Regular Meeting Town Commission Meeting Eric Goldenberg, Chairperson Transcribed by: 05/11/2023 Date Disclaimer: Effective May 19, 2020, per Resolution No. 20-008, all meeting minutes are transcribed as a brief summary reflecting the event of this meeting. Verbatim audio/video recordings are permanent records and are available on the Town's Media Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com/.