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1991.04.25_CAB_Minutes_Special `. eW 1 TOWN OF HIGHLAND BEACH COMMUNITY APPEARANCE BOARD REGULAR MEETING - MINUTES Thursday, April 25, 1991 9: 30 A.M. Co-Chairman Guy Galizia called this Regular Meeting to order in Commis- sion Chambers at 9: 30 A.M. Deputy Town Clerk Doris Trinley called the roll . Present were Mr . Galizia and Co-Chairman Frank Savino , Regular Members Paul Heetmann, John W. Littlejohn and Doris Perrone and Alternate Members Yvonne Marie Petritz and Frank Arenella . Also present were Building Official Harry Heithaus and members of the general public. Upon MOTION by Mr . Savino/Mr . Heetmann, the Minutes of the March 28, 1991 Regular Meeting were approved by unanimous vote of those in at- tendance at that meeting . (Ms . Petritz and Mr . Arenella sat as Regular Members at that time due to the absence of Mr . Galizia and Ms . Perrone . NEW BUSINESS C ' Preliminary Review for Clubhouse Alterations and Driveway at 4801 S. Ocean Blvd. , Lots 1-2 East. Submitted by Boca Highland Center , Inc. The members convened to the table for plan review and were joined by Kres Mihelich, architect for the project, and Ed Fanning , Manager of Boca Highland Center . Mr . Mihelich gave a brief overview of the exterior and interior renova- tions, which the Building Official advised were within Code require- ments, and discussion moved quickly to the design of the driveway pro- posed in the plans . Mr . Heithaus said that both the Planning Board and Department of Trans- portation had reviewed the plans, which call for a circular drive, with the Planning Board indicating their preference would be for a T-shape drive instead. Substantial discussion took place among the members, Mr . Heithaus and representatives of the project, with the architect advising that the drawings had been submitted to DOT and they had indicated they will approve the circular drive . Both Mr . Mihelich and Mr . Fanning said they felt the circular drive would be safer as it would provide traffic a smooth pattern of ingress and egress and persons walking to the club would not be in danger from cars making T-turns . In answer to members' questions, they said ingress is now just a straight pull-in area; to exit, cars had to back out onto AlA. Mr . Heithaus took exception to the reasoning for a circular drive saying Apkthat access to the clubhouse was never intended for pick-up/drop-off of people using the facilities; rather , it was a utilitarian access for delivery, emergency vehicles , etc . , and was marked as a fire line . He added that he agreed with the Planning Board' s recommendation for a T- shape drive . Community Appearance Board Regular Meeting - Minutes April 25, 1991 Page 2 of 4 Mr . Fanning explained that the existing access had initially not been marked as a fire lane, which created problems with vehicles being parked in the access for 15-20 minutes at a time. In this regard , he said they had been advised to have it designated as a fire lane by the Police Department; then if anyone did "park" a vehicle in the access, its "fire lane" status would enable the police to legitimately issue a ticket. The Building Official reiterated his objection to the circular drive, citing the dangerous topography of the road on the site and the possibility that some drivers might cross directly from the egress of a circular drive into the Boca Hi complex . In answer to Mr . Arenella' s question regarding vegetation in the drive- way area , Mr . Mihelich replied that only sod would be used in order to ensure maximum driver visibility. Some discussion followed regarding the Board' s responsibilities regard- ing the shape of the driveway, with the question of their having juris- diction as regards a safety factor being raised. Before discussion ended , Mr . Savino said he had inspected the site and agreed with the Building Official 's assessment of the dangerous road conditions regarding traffic flow on AlA at the site and called for the members to state their preferences regarding the drive . The majority of members voiced preference for the circular drive as shown in the plans ; however , at this time, Mr . Savino and Mr . Littlejohn said they would prefer a T-turn drive . Concluding discussion, the following MOTION was made by Mr . Savino/Mr . Littlejohn: The Community Appearance Board gives final approval to plans for alterations and driveway at 4801 S. Ocean Blvd. , Lots 102 East, as shown on plans dated 4/1/91, project 91G15, sheets A-0 through A-7, submited by Boca Highland Center , Inc . The Board recommends the circular driveway as shown on the plans. Roll call resulted in unanimous favorable vote. OLD BUSINESS 4 ' Chain Link Fence (dog pen) for property located at 1116 Highland Beach Drive. Submitted by Dr . Albert G. Biehl/Owner . The Building Official apprised the members of the Code Enforcement Board ' s decision regarding the nuisance Citation issued for the dogs housed in the pen, saying that the CEB had given Dr . Biehl 30 days to correct extended use of the pen by his dogs, but did not disallow that he have such a pen . In light of this decision, Mr . Heithaus asked if the Community Appearance Board might now give approval for an after- the-fact permit for the pen since they had previously reviewed the plans for same . Community Appearance Board Regular Meeting - Minutes 0, April 25, 1991 Page 3 of 4 Mr . Galizia asked if the CEB had notified the CAB of its decision in writing . Mr . Heithaus answered they had not; he was conveying this information to them now. After brief discussion, the following MOTION was made by Mr . Savino/ Mrs. Perrone: Based on information forthcoming from Building Offical Harry Heithaus this date, the Board approves a 4 ' chain link fence (dog pen approximately 16 ' x 6 ' ] located on property owned by Dr . Albert G. Biehl at 1116 Highland Beach Drive. Roll call met with unanimous favorable vote. (Note: Excerpt of CAB Minutes of 1/31/91 and a copy of the CEB 's Order re this project are attached to and made part of these Minutes) Highland Park Development (Le Sanctuarie) , 3425 S. Ocean Blvd. , Lot 90E. Mark Rothenberg/Owner .) Mr . Galizia referred to a letter from this project' s landscaper , dated 2/15/91, wherein it was stated that the live oak trees planted on the property were seemingly recovering from transplant shock. Mr . Savino then advised he had recently inspected the trees and found that they had not survived. He added that a sales representative for the pro- ject said they would be replaced by the landscaper , at which time he suggested another type of tree be used since this is the second plant- ing of live oaks that died. Mr . Savino noted that the Town still holds escrow monies for the trees, which will be returned when survival of the trees is satisfied, or which can be replaced with the monies should the project fail to proceed and the trees not survive . GREENING COMMITTEE Mr . Galizia commended Ms. Petritz on the thoughtful letters of appreci- ation she has sent to recent tree donors on behalf of the Greening Com- mittee and short discussion took place regarding pertinent information for letters to be sent to new donors . Mr . Savino advised that in response to his memo of March 28 to the Town Manager regarding painting of north and south Town signs, this had been accomplished by the Maintenance Department. Mr . Savino also advised members that he would be sending a memo to the Town Manager regarding a new approach to protecting trees with plaques and read same into the record (copy attached hereto and made part of these Minutes) . p Community Appearance Board Regular Meeting - Minutes fl April 25, 1991 Page 4 of 4 OTHER Regarding Planning Board Chairman John Ward ' s memo dated April 10, 1991 requesting the CAB's assistance in bringing construction Lots 20-28E into a better standard of appearance, Mr . Savino said he had talked to the person in charge of sales on the site, who said the matter would be corrected within 10 days. He further advised that clean-up had been accomplished. A discussion regarding bike path improvements as it related to cutting horizontal tree roots took place; the members were reminded that a memo expressing their feelings on this issue had been previously transmitted to the Town Manager on March 28, 1991. (copy attached to and made of these minutes) In response to Ms. Perrone' s question regarding the legality of a Code change to enable Mr . Heithaus to issue a citation should a property not be properly maintained (other than groundskeeping) , Mr . Savino said this had not been looked into as yet, but he would take care of it. Mr . Galizia announced the next meeting would be May 30, with the agenda eclosing on May 15. He also noted Mr . Heetmann as the Inspector for the month of May. Upon MOTION by Mr. Savino/Mr . Heetmann, the meeting was adjourned at 10: 45 A.M. dmt , APPROVE: 4 ,,�..- �a „...o.c_e.... ., � Guy G lizia, o-Chairman Frank S.vino, Co-Chairman ' lidsk21P17-L/ 41i74,c / ,, o, ''' John W. Littlejoh Pau ee • ann .0,64--2-c-e e,....,,, M'J, Doris Perrone IIP ATTEST: �U� �. /�/. / DATE: Ili ., ` / / • ,�f //t b 2/I y�> l 9' CLL. Amo— �V ,a,a)2_ /L4-Jc e�� .' Azitu February 15, 1991 Town of Highland Beach Building Department 3614 So. Ocean Boulevard Highland Beach, Florida Re: Le Sanctuarie TO WHOM IT MAY CONCERN: Please be advised that upon our inspection of the Live Oak trees at the above referenced project located at 3425 So. Ocean Blvd. , we have found all of them to be alive. Live Oak trees, as well as many trees being planted in Florida, go through a period of shock. Upon our in- spection we have also noticed that there are many new buds on the branches of these trees. If we are given another four to six weeks of warm weather all the leaves should have out of bud. If you have any questions regarding this matter please do not hesitate to contact me. Very truly yours, B H SOD AND LANDS � INC. �- Patrick A. Garea Jr. kb c.c. Rothco Co. 7 1 SOD AND t • Y . ` LANDscApiNG INC 15500 Lox Road St. Rd. !327. Pompano Bch.. Florida 33067/(305) 753-2170 • ommunity Appearance Board Regular Meeting - Minutes January 31, 1991 Page 3 of 4 Concluding discussion , a MOTION by Mr . Savino/Mr . Heetmann was made as follows : THE COMMUNITY APPEARANCE BOARD APPROVES THE PLANS FOR A DUNE WALKOVER AND OBSERVATION DECK FOR LOT 56 EAST (REGENCY HIGH- LAND/OWNER) AS SUBMITTED BY DELRAY MARINE CONSTRUCTION, SHEET 1292-03 DATED JUNE 29, 1990. Roll call resulted in unanimous favorable vote. Review of 4 'Chain Link Fence (Dog Run) for property located at 1116 Highland Beach Drive. Submitted by Dr . Albert G. Biehl/Owner . Dr . Biehl and Mr . Heithaus joined the members for discussion and re- view. Mr . Heithaus explained that the dog run was existing and was subject to a Citation (No . 2322) in that it was erected without a per- mit. The members did look at the plans submitted by Dr . Biehl and heard from him a brief description of why he had so placed the run, i .e . , his working hours necessitated his two dogs to be in the run for long w periods of time so he had placed it where they would have shade . 9", Dr . Biehl ' s remarks triggered a another discussion , which included the fact that several of his neighbors had signed a petition alleging that the dogs were a nuisance . Copies of the petition had previously been distributed to the members and Mr . Savino read portions of it into the record. Dr . Biehl denied the allegations; however , the members agreed that they would prefer to have the Code Enforcement Board rule on the nuisance factor before they gave approval to the fence so an after-the- fact permit could be issued to satisfy Citation 2322. Mr . Heithaus advised that a Notice of Violation had been previously written to Dr . Biehl regarding the violation of Town Code 5-6 (Animal Nuisance) , but it was undeliverable, either by certified mail or in person. Mr . Heithaus then asked Dr . Biehl ' s permission to issue a Citation to him at this time in order that the matter could go before the Code Enforcement Board at its next meeting on February 20. Dr . Bihel agreed to this approach and was issued Citation 2323 citing vio- lation of Town Code 5-6. Under these circumstances, it was the CONSENSUS of the members to table this item until the Code Enforcement Board had made a decision . GREENING COMMITTEE /� No Report. 1 OTHER BUSINESS For the record , Co-Chairman Galizia noted that Alternate Member Yvonne Marie Petritz ' one-year tenure as an Alternate Member will be over in February and, on behalf of the members, supported her re-election by the Town Commission . He also thanked Ms . Petritz for the fine job she ""..-to 1 Town of Highlandn of Hat I so -.. sr . Zi 3614 SOUTH OCEAN BOULEVARD • HIGHLAND BEACH. FLORIDA 33487 1 f \ ORO 0 \\�������,,,,, Palm Beach County, Florida 407.278.4648 CODE ENFORCEMENT BOARD TOWN OF HIGHLAND BEACH , ) FLORIDA, ) -vs- ) ORDER Dr. Albert G. Biehl ) Citation No . 2323 & 2322 1116 Highland Beach Drive ) Defendant ) ) WHEREAS On the 20th day of March , 19 91 , a PUBLIC HEARING was held by the CODE ENFORCEMENT BOARD OF THE TOWN OF HIGHLAND BEACH, FLORIDA, regarding the above Citation . After a finding that the Code Violation as alleged had occurred , and pursuant to the powers granted under Chapter. 162 , Florida State Statutes, the CODE ENFORCEMENT BOARD hereby issues the following ORDER: 'CITATION 2323 :3 UPON MOTION BY MR. HADEED/MR. LENG, WITH MAJORITY AYE VOTES, THE BOARD FINDS DR. ALBERT G. BIEHL OF 1116 HIGHLAND BEACH DRIVE GUILTY OF VIOLATION OF SECTION 5 . 6 (ANIMAL NUISANCE) OF CHAPTER 5 OF THE HIGHLAND BEACH TOWN CODE; HE IS GIVEN THIRTY (30) DAYS TO SATISFY THE VIOLATION. CITATION 2322: UPS VOTES , THE BOARD ' DRIVE IN VIOLAT" 30 OF THE HIGr TO OBTAIN TN' DONE HIc 1 'L T. .1.1 F1MEMORANDUM TO: Mary Ann Mariano, Town Manager FROM: Frank Savino, Chairman of the Greening of AlA SUBJECT: Destruction of Plaques DATE: April 25, 1991 We are very much concerned at the destruction of the many plaques which are placed in front of trees along AlA. The trees with the plaques are sponsored by some residents of Highland Beach at a cost of $300 . 00 in memory or in honor of some loved member of their family. The cost of replacing the plaques are paid by the Greening of AlA Account, something which we never anticipated. We would like to make the following recommendations with the idea that perhaps we can avoid the destruction of plaques in the future. 1 . Build a saucer around the base of each tree that has minus one, add some mulch and springeri and this should prevent damage of plaques by the nurserymen. 2 . Have a warning sign at each end of Town where our Highland Beach signs are located, and also one at Town Hall where Royal Palms are located, and one at Holiday Inn at west side of road. This may prevent vandalism. . . I Gpyr� Fran Savino Chairman , Greening Committee FS: jfc cc: All CAB Members MEMORANDUM TO: COMMUNITY APPEARANCE BOARD CO-CHAIRMAN GUY GALIZIA/CO-CHAIRMAN FRANK SAVINO FROM: JOHN E . WARD , CHAIRMAN PLANNING BOARD DATE : APRIL 10 , 1991 RE : LOTS 20 THROUGH 28 EAST (HIGHLAND OCEAN ASSOCIATES) During the course of the Planning Board Meeting on April 10, 1991 , it was stated that complaints have been received about the general condition and appearance of lots 20 through 28 East, owned by Highland Ocean Associates . It is appreciated that the developers of this property have concluded a special construction agreement with the Town; but, the Planning Board would be grateful if your Board could intervene to have the condition of the West boundary fence improved and perhaps take some steps to beautify the general ugly appearance of this property. /4[ AC . Joh . Ward, Cha an JEW/amk n