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1994.03.09_PB_Minutes_Regular (2)TOWN OF HIGHLAND BEACH C~ PLANNING BOARD PUBLIC HEARING Wednesday, March 9, 1994 9:30 A.M. Chairman Robert L. Lowe called the Public Hearing to order in Com- mission Chambers at 9:30 A.M., announcing its purpose was as follows: CONSIDERATION OF REPEAL OF SECTION 6.4(f) [NONCONFORMING USES OF LAND] OF TOWN CODE CHAPTER 30 [ZONING]. Present were the Chairman, Vice Chair Leonard D. Bell and Regular Members James F. Morrill, Felix R. Goldenson, Domenic Marino and Michael W. Hill. Regular Member William Maltz was absent. Also present were Town Attorney Thomas E. Sliney and members of the general public. Deputy Town Clerk Doris Trinley served as Recording Secretary. Chairman Lowe called for Public Comments and the following addressed the Board: David Agler of Ambassadors East Condominium. Tom Walsh, one of the owners of the local Holiday Inn. Margaret Cooper, Attorney for the local Holiday Inn. Mr. Agler asked what the result of repeal of this section would mean. Mr. Sliney responded it meant only that the "status quo" would pre- vail, i.e., all affected properties would be allowed to remain in existence as "nonconforming," with no "timeframe" attached to their nonconforming status. Tom Walsh's comments included that this section of Code made bank dealings difficult regarding refinancing mortgage loans, etc. He as- sured the members that the Inn desired to remain a "good neighbor" and would continue to be run low profile in keeping with the character of the Town. He further stated that no expansion of the Inn's facilities was planned. In answer to questions posed by Mr. Bell, Mr. Walsh responded: .Concerning mortgage lenders' position on the proposed westward movement of the Coastal Construction Control Line (CCCL), Mr. Walsh stated he had not experienced any adverse impact in this regard as it did not appear to be an issue. .Mr. Walsh also stated his company was not in jeopardy of losing its Holiday Inn franchise. r Planning Board Public Hearing - Minutes March 9, 1994 Page 2 of 2 Attorney Margaret Cooper referred to the history of Town ordinances as they affected the Inn, as well as to her correspondence to the Town Commission citing the reasons why this section of Code should be re- pealed. (See February 9, 1994 Regular Meeting Minutes.) During the course of the Hearing, it was again noted that the Holiday Inn, contrary to information contained in Attorney Cooper's corres- pondence, was not the only property that had been or would be affected by this section of Code. (See February 9, 1994 Regular Meeting Minutes.) Concluding Public Comments and deliberation, the following MOTION was made by MR. MORRILL/MR. HILL: THE PLANNING BOARD RECOMMENDS TO THE TOWN COMMISSION THAT SECTION 6.4(f) [NONCONFORMING USES OF LAND] OF CHAPTER 30 [ZONING] BE REPEALED IN ITS ENTIRETY. Motion met with unanimous favorable vote. There being no further business to come before the Board at this time, the meeting was adjourned upon MOTION by MR. GOLDENSON/MR. MORRILL at • 9:45 A.M. //~J dmt ~:~~ '' _ .f' Cha r an Robert Lowe ~~ Vice Chairman L onard D. Bel mes FV. Morr ~~-P ~-~ ATTEST: DATE: Felix R. Goldenson M ~ TO: PLANNING BOARD FROM: LEE LEFFINGWELL, BUILDING OFFICIAL ~,~~ DATE: MARCH 3, 1994 RE: MARCH 9 PLANNING BOARD MEETING I will be unable to attend this meeting. However, the following information will aid you in your review - 1. Frankel, 4200 Tranquility Drive, single family residence - Plans are in order and can be finalized. 2. Cherry, 2525 So. Ocean Blvd., single family residence - Plans are in order and can be finalized. 3. Ince, 4206 Intra Coastal Drive, single family residence - Plans are in order and can be finalized. 4. .Holiday Inn, 2809 So. Ocean Blvd., satellite antenna - Plans are in order and can be f finalized. • LL;el PARTIAL VERBATIM . PLANNING BOARD REGULAR MEETIING MARCH 9. 1994 LEONARD BELL'S REMARKS RE SATELLITE DISH REQUESTED BY HOLIDAY INN Well there's several things..... 1) How they get their current reception, it's possible they could be using the cable, uh, kind of bypass the cable company because of price structure and cost with the disk, which is perfectly fine, but I think we should get some technical advice before we.... I'd like to suggest that I would like to see some technical advice as to whether putting up this disk and getting around the scrambling devices that the cable company might possibly have to de-scramble - they use a chip to do that, I've been informed - and I'm not a maven on this; I'm just calling it to everyone's attention, the chip may be illegal. So I think we should get some advice on the technical/legal aspect of putting up a disk for a commercial venture. That's one thing. Another thing is if we do this my guess is that a good many condominiums are going to want to put up disks if you can, in fact, bypass the cable company legally, with the cable company in- creasing their rates and, etc. That's another possibility to keep in mind. • The third one is more personal since I live at the Villa (Magna} and the Villa is an abutter just north as you all know. Uh, I just re- ceived this chart within the last week and have had no time - our President's been out of town - we have a board meeting Tuesday evening which will be very well attended this time of year because we have so many in residence, and on the agenda is a call for a special asses- . ment so everybody will be there. But I'd like an opportunity, and would ask my fellow board members to consider tabling this until next week - uh, until the next meeting, which would be next month, so I could have the opportunity to present the chart to my neighbors at the Villa Magna and come back with any comments. The last thing I might want to add, depending upon what the feeling is out of the Villa, if the disk could be moved more north in between the gate that's shown on the diagram and the wall, without affecting reception, because it would hide it more from the Villa. The other thing you should know is the existing shrubs are not 5' high from the top of their seawall. I'm not certain the shrubs on the dunes will cover the way this will appear from the beach. Now that's an aesthetic... [Chairman Lowe here noted that the shrubs on the dunes will not cover this dish from the beach]. Will not cover ....Well, that's another aesthetic thing we may want to... I think all of these things, I hope, are legitimate to air.....