2006.12.13_PB_Minutes_RegularTOWN OF HIGHLAND BEACH
• PLANNING BOARD
REGULAR MEETING MINUTES
Wednesday, December 13. 2006 9.30 a m
Chairman Leonard O. Townsend called the Regular Meeting to order in Commission
Chambers at 9:30 a.m. Present were Chair Townsend, Louis Stern, Victor Hadeed,
Leonard Bell, Marie Marchesani and Patricia Pembroke. Ken Tapman was absent. Also
present was Town Attorney Larry Corman and Building Official Bob Dawson.
APPROVAL OF MINUTES
NEW/OLD BUSINESS
Chairman Townsend amended agenda to include the following four items:
1. Series of letters dealing with Byrd Beach Estates application.
a. letter from Delray Rescue Fire Dept. re access within Byrd Beach Estates.
b. letter from Byrd Beach Estates HOA advising residents to witness fire truck
demonstration.
c. letter from HOA to Tom Azuski (fire marshal) Delray Beach).
d. 11/28/06 letter from Tom Azuski to THB.
MOTION was made by MR. TOWNSEND/MRS. PEMBROKE to convene Planning Board
meeting at Town Hall at 9:00 a.m. on January 10. During that time, the Board members
• will travel to Byrd Beach Estates for an information gathering visit and regather at 10:00
to hear application and any other business.
e. Treasure Coast Regional Council sent some info on items going on outside of
Highland Beach, but affect Highland Beach (1) S. Florida East Coast transit analysis -
investigatingdifferent means oftransportation (2) Comprehensive Everglades restoration
impoundment project.
FINAL REVIEW FOR NEW SINGLE FAMILY RESIDENCE FOR PROPERTY LOCATED
AT 3901 S. OCEAN BLVD., LOT 0150. OWNER: 3901 DEVELOPMENT, LLC.;
APPLICANT: SEADAR BUILDERS.
Chairman noted that this is the property that the Board originally approved for a
construction trailer for the home which is being built across the street. This application
was originally considered at the November 8 Regular meeting, but the issue the board
asked for an opinion from Town Attorney was the excessive amount of roof observation
decks. Attorney Corman made recommendation that the Board go along with the Building
Department's practice and procedures subject to the Town Commission clarifying its
intentions in the code at a later date (CH 30 CD30: 52 & 53). Applicant wants to build
deck areas that are larger than what the code appears to state is the limit, but what is
unclear is does the limit apply only to buildings over 35 feet, or to all buildings. The
main concern is the roof design. MOTION was made by MR. BELL/MRS. PEMBROKE
to defer application to the Board of Adjustment.
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12/13/2®06 18:14 954!
C J
Highland Beach Planning Board -Opinions from November Meeting/Preparation for Dec... Page 1 of 3
~~ ~'~ ~~
Jane Dillon
• From: Townsend, Leonard [townsenl~HughesHubbard.COM]
Sent: Friday, December 01, 2006 10:28 AM
To: Jane Dillon
Cc: Sliney, Thomas; Icorman@hodgsonruss.com; Robert Dawson
Subject: FW: Highland Beach Planning Board -Opinions from November Meeting/Preparation for December
Meeting
Jane -please print out the below email from Larry Corman with respect to Town Attorney's opinion regarding the
boat docking angle as considered by the Planning Board in their November 2006 regular meeting and distribute to
all Planning Board members. Many thanks.
Leonard O. Townsend, Esq.*
*Admitted in Florida and New York
Hughes Hubbard & Reed LLP
?01 South Biscayne Boulevard, Suite 2500
Miami, Florida 33131-4332
town senl'a~,hugheshubbard. com
Tel.: (305) 373-5676
Fay.: (305) 371-8759
Blackberrv/Mobile: (305) 877-0267
From: Corman, Larry [mailto:LCorman@hodgsonruss.com]
• Sent: Friday, December 01, 2006 10:24 AM
To: Townsend, Leonard; Sliney, Thomas
Cc: Robert Dawson; jdillon@ci.highland-beach.fl.us
Subject: RE: Highland Beach Planning Board -Opinions from November Meeting/Preparation for December
z /,, Meeting
`~ Dear Leonard,
Tom Sliney and I have concluded that a request for a boat lift at a 75 degree angle from the pertinent land/real
property should be considered a request for a perpendicular dock, which is governed by Town Code Section 30-
68(8)(7). Accordingly, the Planning Board is to provide an advisory recommendation and the Town Commission
will then consider the request as a special exception.
Bob Dawson and we are still studying the second issue regarding observation decks and will provide our opinion
as soon as it is finalized.
Please let me know if you have any questions or concerns.
Best regards,
Larry
From: Townsend, Leonard [maitto:townsenl@HughesHubbard.COM]
Sent: Wednesday, November 29, 2006 10:05 PM
• To: Corman, Larry; Sliney, Thomas
Cc: Robert Dawson; jdillon@ci.highland-beach.fl.us
Subject: Highland Beach Planning Board -Opinions from November Meeting/Preparation for December Meeting
12/1/2006
•
•
Planning Board
December 13, 2006 Page 2 of 2
PRELIMINARY REVIEW FOR 12,000 LB., FOUR POST BOAT LIFT FOR PROPERTY
LOCATED AT 1107 RUSSELL DRIVE #A, LOT 17. OWNER: JOSEPH P. CORY.
APPLICANT: BOCA DOCK & SEAWALL.
Mr. Townsend noted that this application was first considered at the November 8, 2006
Regular meeting. The code addressees perpendicular and parallel docking, but does
not address docking of boats at an angle other than perpendicular or parallel, at an
angle of 75 degrees as indicated on the application. At the November meeting, the
attorney was asked to provide an opinion as to whether docking a boat at 75 degrees
falls with the ordinance of perpendicular or parallel docking.
Correspondence from Attorney Larry Corman was read into the record that Town
Attorney Sliney and himself concluded that the boat lift at a 75 degree angle should be
considered should be considered a request fora perpendicular dock (correspondence
attached and made a part of these minutes.) Notices for the Public Hearing scheduled
for February 14, 2007 will be sent to residents along the canal who are within 1,000 feet
of applicant's property.
PRELIMINARY REVIEW FOR 12,000 LB., FOUR POST BOAT LIFT FOR PROPERTY
LOCATED AT 1107 RUSSELL DRIVE #B, LOT 17. OWNER: FRANCIS J. CICCARONE;
APPLICANT: BOCA DOCK & SEAWALL.
This application falls into the same requirements as the prior application, and will also
have a Public Hearing on February 14, 2007.
With no further business to come before the Board, MOTION to adjourn was made by
MR. TOWNSEND/MRS. PEMBROKE at 12:00 P.M.
APPROVE:
Leonard O. Townsend, Ch.
Leonard D. Bell
Victor P. Hadeed
Louis P. Stern
Patricia A. Pembroke
Ken Tapman
Marie Marchesani
Attest: ~
Date: U
