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REGULAR MEETING
Wednesday, March 10, 2010 9:30 AM
Members Present: Chair Louis P. Stern, Vice Chair Joe Yucht, Board Member Max
Angel, Board Member Beverly Knight, Board Member Paul Resnick (arrived at 10:25
a.m.) and Board Member Dennis Sheridan. Also Attending: Town Attorney Tom
Sliney, Deputy Town Clerk Valerie E. Oakes and members of the public.
CALL TO ORDER:
Chair Stern called the Regular Meeting to order at 9:30 AM. Roll call was taken by
Deputy Town Clerk Oakes. The Pledge of Allegiance followed.
ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA:
Agenda accepted as presented.
PUBLIC COMMENTS AND REQUESTS:
None.
PRESENTATIONS:
Chair Stern announced that Patricia Pembroke resigned from her position on the Planning
Board. There is one board vacancy ending May 2011.
APPROVAL OF MINUTES:
MOTION: Vice Chair Yucht moved to approve the minutes from the November 18,
2009, Special Meeting and the December 9, 2009, Regular Meeting. Board Member
Angel seconded the motion, which passed unanimously.
OLD BUSINESS:
Vice Ch. Yucht -The Town Commission discussed the recommendation of the Planning
Board, and sent those recommendations back to the Planning Board. The Milani Park
recommendation was not sent back to the Planning Board, why? Chair Stern -The sub-
committee asked the Town Commission that the recommendations be re-assigned to the
Planning Board.
Planning Boazd Regulaz Meeting
03/10/10
Page 1 of 5
Vice Ch. Yucht -The Town Commission seems to be disconnected with the Town. If a
park is installed, Boca Highlands will be impacted. Board Member Sheridan -This issue
affects the Town. The Town Commission needs to deal with this issue not a
condominium's association. Town Attorney Sliney -There is anAttorney-Client Private
Session and the matter is moving forward.
Board Member Angel -What is the alternative for the land? Town Attorney Sliney -
The land is zoned as a Government Service District (GSD).
NEW BUSINESS:
A. Discussion on Chapter 30 Zoning Code Text Amendments -Section 30-64(a), Table
30-32, Note No. 4, Ancillary Items Allowed Within the Setback and Section 30-
68(f)(1)(c), Screen Enclosures. (Clarification needed per the request of the Town
Commission to be reported back to the Town Commission.)
Town Manager Superman -The Town Commission created asub-committee consisting
of Chairman Stern, Town Attorney Sliney, and myself to review items that were unclear
to the Town Commission. The sub-committee made a recommendation to the Town
Commission asking that those sections be re-assigned to the Planning Board.
Section 30-64(a), Table 30-32, Note No. 4, Ancillary Items Allowed Within the Setback
Town Mana eg r Su eg rman -This is all new language that has come from prior
discussions of the Planning Board. The sub-committee struggled with a couple of the
concepts such as if fences and walls are allowed in the setback as an ancillary item, does
that mean that a fence can go right up to the setback line? We understood the concept of
vegetation, poles, and other customary yard accessories; however, we did struggle with
the concept of height limitations and requirements limiting obstruction of visibility.
Member Knight - We may need to eliminate some of these items and allow them to fall
under other footnotes such as pool and pool decks and vegetation.
Town Attorne~Sliney -This section could be taken advantage of. Is this something we
want to promote?
Member Angel -Make it simple; they cannot put anything in the setback.
Town Att. Sliney -The purpose of a setback is to not have anything in it.
V.Ch. Yucht -What is the difference between property that fronts the ocean and property
that fronts the Intracoastal? Member Knight - On the Intracoastal, you do not have
people walking in the back of your property.
V.Ch. Yucht -Should we indicate that nothing in the setbacks is allowed but exceptions?
Town Att. Sliney - To qualify for a variance you need a hardship.
Planning Boazd Regulaz Meeting
03/10/10
Page 2 of 5
Town Mgr. Sugerman - We may want to encourage landscaping to be allowed in the
setback. V.Ch. Yucht - I think that is appropriate.
Member Knight -Can we separate temporary and permanent structures?
V.Ch. Yucht -Have there been any complaints? Town M>;r. Su eg rman -There have
been complaints about water towers and chickee huts. Code Enforcement action taken
when adjacent neighbor makes a complaint.
V.Ch. Yucht -What happens with the items that were there previously? Town Att.
Sliney -Those would be grandfathered-in.
V. Ch. Yucht - I always thought the law would imply "reasonable height limitations".
Do we want to allow anything in the setbacks? Town Att. Sliney - Do not have anything
in the setbacks. Member Knight - I agree. Member Sheridan - I agree.
MOTION: Board Member Angel moved to eliminate Section 30-64(a), Table 30-32,
Note No. 4, Ancillary Items Allowed Within the Setback. Board Member Sheridan
seconded the motion.
Roll Call Vote:
Member Angel -Yes
Member Sheridan -Yes
Member Resnick -Yes
Member Knight -Yes
Vice Chair Yucht -Yes
Chair Yucht -Yes
Motion carried 5/0.
Section 30-68(~(1)(c), Screen Enclosures
Mr. Sugerman - In this section, this is the first time that we hear about screen enclosures.
State Statue requires that there must be a minimum three feet from the rear pool to the
rear side of the enclosure. The pool enclosure needs to be eight feet. This issue is not
addressed in the Highland Beach code.
Member Angel -Would like to make this a priority in our code and see that this is
enforced. Children drown because pools are not properly secure.
Member Knight -Old homes were grandfathered-in; can we enforce them to put a guard
up? Town Att. Sliney -Will investigate further.
MOTION: Board Member Angel moved to eliminate Section C and change Section D
to Section C and insert the words "or screen enclosures" after decks. Board Member
Sheridan seconded the motion, which passed unanimously.
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03/10/10
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ELECTION OF OFFICERS:
A. Chairman
Member Resnick nominated Dennis Sheridan as Chairman. Member Sheridan declined.
Member Angel nominated Joseph Yucht as Chairman. Member Yucht accepted.
Member Stern nominated Beverly Knight as Chairman. Member Knight declined but
expressed an interest in the Vice Chair position.
MOTION: Member An>;el moved to appoint Joseph Yucht as Chairman. Member
Sheridan seconded the motion, which passed unanimously.
B. Vice Chairman
MOTION: Member Stern moved to appoint Beverly Knight as Vice Chairman.
Member Resnick seconded the motion, which passed unanimously.
ADJOURNMENT:
MOTION: Member Sheridan moved to adjourn the meeting at 11:16 a.m. Member
Yucht seconded the motion, which passed unanimously.
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03/10/10
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APPROVED:
TOWN SEAL
uis P. Ste air
Jose S. Yucht Vice aa,
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A
ATTESTED:
J Max Angel, Board Membe
Va erie Oakes Beve y Knight, Board Member
Deputy Town Clerk
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Paul esnick, Board Me er f r
Date: Wednesday, August 4, 2010
Dennis Sherid Board Member
Vac cy
Planning Board Regular Meeting
03/10/10
Page 5 of 5