e e e e e uh good morning and welcome to the planning board regular meeting on Thursday March 13 2025 at 9:30 a.m. daylight
time um please silence your cell phones I did mine okay uh roll call Mr Hart please call the role member Rosen member Brown present member pal here member chowski here member Axelrod
Vice chairperson Mendelson here thank you okay can we all rise for the Pledge of Allegiance I pledge alance to the flag of the United States of America and to theic for which it stands one nation
under God indivisible liy and justice for all okay is there a call for a motion to accept the agenda as presented
second all in favor say I I I okay swearing and of the public for those giving testimony please stand and raise your right hands to be sworn in and provide testimony for the application you are affiliated with Mr Hart please
swear in those giving testimony by the authority vested in me as a notary of the State of Florida do you swear or affirm that the testimony that you about to give is the truth the whole truth and nothing but the truth thank you you may be seated next approval of the minutes of
January 16 2025 are there any corrections to the minutes of January 16 2025 hearing none may have a motion to approve the minutes of January 16 2025 all in favor I I unfinished
business none new business a development order application number pz 25-18 Belair at Highland Beach homeowners association Inc application
by B&M Marine Construction Inc requesting a special exception to install a 430 sqt deck for the property located at 1023 Bel Air Drive do any board members have any expart
Communications to disclose okay none at this time I now open the public hearing Town planner Allen please present the application okay good morning everybody um as indicated this is a special
exception request to install a 430 squ Foot dock um according to the applicant survey there is currently a vinyl dock which will be removed uh let's start off looking at the Aerials which are in your packet um here you have the property um here
you have the rear of the property where the dock is uh currently located um the applicant did receive Florida Department of Environmental Protection uh authorization I provided that file number on page nine of your packets and according to that fdp
authorization a permit from US Army Corps of Engineers is not required uh let's let's go ahead and look at the plans again these are the 11 by 17 plans sorry in your packet went a little bit ahead um so here you have the uh
proposed new dock um here you have the description here on the bottom again 430 square feet and here you have a detail of the dock um if the planning board approves a
request the applicant will require to obtain a building permit from the town of Highland Beach uh pursuant to section 30-21 g commencement of construction shall be initiated within two years following the date of approval by the planning board staff did review the applicants proposed request which
includes plan state stamp received uh by the building department on February 21st 2025 and finds that the plans are indeed consistent with the special exception provision of section 30-36 of the town code were applicable and consistent with the town comprehensive plan and code of
ordinances I'll be glad to address any questions we also have the applicant uh applicants agent David Nutter here as well do any board members have any questions for staff no um applicant you may make a
presentation if you wish okay um do the board members have any app questions for the applicant that didn't make a presentation yet sorry I have I have questions sure where's this on this plan the
extended property line which is for the five foot setback line what is the extended property line what sheet are you on please I'm on page uh sht 2 okay let me take a look2
depending on how many vales oh so that's just taking the property line into the water we have a provision in the code that actually talks about how you take the property line and extend it into the water you know it's not really an issue here but we have some properties that sometimes
are at an angle so you want to carry out that property line into the water to be sure let you know a boat is not going to go past that property line but in this case you know so their property line actually goes into the water no um if you look at the survey um which is uh
right before sheet das1 you'll see the property line uh the property line is pretty much where the seaw wall is um again they just did that just to show how the property extends into the water
but in this case again the it's not really applicable I think Mr Nutter did that because he's had other projects where the property line was at an angle and then there was some issue as to you know how that property line extends into the water um but no you could see that the property line is just you know
probably where that seaw wall is um and the dock is outside the property line yeah I have one question for David okay I I have more information David I I have a question for you vinyl to Wood I hear
others going wood to vinyl I'm just curious what the idea was going from Vinyl now which they have vinyl right now but they're going to Wood what was the reason behind that didn't like it not a lot of people want to
about it's not okay all right okay you have a question well the only question I or it's sending really question just want to be clear the the current existing vinyl doc does not meet the five foot setback requirements
correct but the new one does right am I seeing that correctly um let's see oh is it okay looks like that on the survey yes that's it great thank you anybody else on the uh board okay uh if there's any members of
the public who would like to comment on this application anybody in the public no okay um and do board members have any questions for anybody else okay okay the public hearing is now closed is there a
motion to approve a motion to approve with conditions or a motion to deny the request I'll second that all in FA I guess you should take a roll call yeah sorry member
Rosen yes Vice chairperson mson yes member Brown yes member pal yes member chos yes member Axel R motion carries thank
you okay next we have development order application py- 24-14 Patty and Allan massak application by Lawrence Frankle Frankle Holmes requesting an amendment
to a previously approved major modification to an existing building do number 24-2 in order to add a 21 SQ foot balcony to the west side of the residence and a landscaping plan for the
property located at 3515 South Ocean Boulevard do any board members have any ex communic ex party Communications to disclose no at this time I now open the public hearing Town planner Allen please
present the application okay good afternoon again or good morning um so again as stated uh this is an amendment to a previously approved major modification to an existing residence an existing structure that development order number again is
24-02 that application was approved by the planning board on April 11th 2024 um and now they're requesting to amend it because they want to add the 21 sqt balcony as well as a landscaping plan now on page 53 of your packets
IOD and I've also provided what an additional square foot uh square footage under AC 347 it also includ a new covered entry exterior side changes as well as alteration
to um let's go ahead and just have a little Refresher on this property so here we have the property 3515 um here you have the front of the existing residence and here you have the rear of the
property so um I I stated here in your staff report that uh prior to submitting their initial major modification staff met with the applicant I often have pre-application meetings with most of the applicants um and they had indicated to me that they wanted to put a balcony
on the west side of the residence the front home now according to their site plan the existing structure which was built in 1996 has a front setback of 36 feet 2 Ines now in the rml zoning District if you're on A1A your front
setback is 40 feet so right there I thought well this looks like a non-conforming structure and I did make a note in your staff report that it is not uncommon to have non-conforming structures in the town I did look in the town records we have a separate folder in the town records that says zoning
variances and there was nothing for this property under zoning variances um and if you look at the section that I referenced in the again on page 53 section 30-105 talks about non-conforming structures you're not allowed to extend
a non-conformity and by them adding the balcony they're extending the which you cannot do so at that time I'd advise the applicant well one way to to deal the scenario is to go for then possibly you can get an
accommodation for that um balcony so in anticipation of the appli variant I went ahead back into the to records I decided to do a search of the address 3515 and I actually took a screenshot of um the number of entries that I got for
3515 it was uh 3,29 entries um I did obviously I didn't go through each entry but I was scanning of appeals minutes or and lo behold I came across um a board of appeals minutes from October 18th of
1994 where the applicant actually receive three variances now again the met with me they didn't know that there was a variance approv for the property these things happen so on page 54 of your packet I provided the three variances and the one that applies here is that they got a front step back
variance from 40t to 25 ft so I advise the applicant what variants that I so therefore now the 21 foot is now in compliance with setback um however they would still have to come
back to the board because balconies do trigger a major modification so um let me go ahead and show you on the plans again these are these are in your um packet this is and I've gone ahead and highlight it right here in yellow just to help you
see it this is that 21 square foot balcony up talking about here here it is right here oop and um I asked the applicant to put um the elevation what was pre ahead and highlighted the new balcony here again this is the the front
elevation this is how was previously ofed it was just the window just to give you a little bit of perspective there um also part of the initial major modification again that development order 24- z002 the applicant had indicated that there was not going to be any new
Landscaping on the property or an fdot's rway the applicant is now proposing new Landscaping on their property and an fdot right away which is totally fine um now typically we like to bring uh these items to the planning board with an fdot
approval um but as I indicate in the staff report it is pending um I did discuss it with the town manager he was okay Marshall ledy to bring forward this request um for the Landscaping um even though the applicant doesn't necessarily
have an fdot approval at this moment um I did go ahead and put some conditions that if the board does approve this amendment to the previously approved major modification that there'd be a condition that the applicant get fdot approval of the pro proposed Landscaping
in the right of way and um once they get that they're required to go before the commission to get an approval for the amendment to fdot or should say the landscape inclusive memorandum the town with right away the landscape can you
trigger amendment to that that's that um let's go ahead and look at the landscape plans that the applicant has provided um this is their tree disposition plan um just give you a little little bit hard to read here on
the slide um they are removing 10 trees they're relocating one they're keeping 15 they're adding Seven Trees and 25 palm trees and uh here you have the landscape
plan and that's the rear and here you have some details on the landscaping and here you have the irrigation plan again this is all in your 11 by 17 sheets in your packet uh so staff reviewed the
applicants request um including plans dates that received by the building department on February 19 2025 and finds the project is consistent with the code um again I mentioned those conditions of approval uh that are indicated on page
54 and 55 of your packets I'm glad to address any questions and we also have the applicant agent applicants agent here to address any questions as well okay does any board member have any questions one just process whatever um
if we approve subject to fot yeah and I hear you that it goes to the commission then do we amend the Planning Commission record to substantiate that that approval has occurred or is it just happen at the commission
level how does that work uh I'll I'll defer that to miss but how would that I don't know that that happens does it is there I don't know if there's a cross reference I don't believe there it's just right the this board approves it and then it just goes to the commission
and life goes on the only if commission didn't approve it then we would have to address come back and make any modifications but if the commission approves it it just goes on right and of course staff manages all that right we make sure we get the approv and the second question is is this a time frame
that's also subject to finishing or starting in two years um yes I did put that on uh bottom of page 54 did yes thank you anybody else yes in other words have talking guess
widen the road or whatever which could in fact impinge on the property of people correct well um I guess when we get the well when we get an fdot approval we'll see I don't anticipate that we've had other projects here in
the town um where you know there's no issue with the property line um yeah I we'd have to wait to see to get the FD proven against when that is received staff will look at it and yeah just from my point of view
to to David's question the um the setback requirement of the 40 feet is from from the property line correct it's nothing to do it the right away from the the state-owned property line not it doesn't have anything to do with where the road is actually unless the road is outside the state owned property line
correct that's corre does that help um okay so can you just show me where where they're going to with your little thing where they're going to put it into the right of way
can you just show me where that is the Landscaping yeah the Landscaping Yeah just something happened hold on one second let me go back is there a wall in front of this house if you go to L4 you'll see all the details hold down I think I lost the connection here one
moment I'll be happy to pull it back up yes if you go to L4 you see that they have what they're proposing in the RightWay you'll see the artificial turf they have some uh they have a SE where where is L4 I'm sorry sheet L4 in your
packet see 11 by 17 there is you'll have to come to the mic yeah if you can come to the mic looking through so you can't put it up on that let me see I don't know why it went away1 that'll never
seen there's we're proposing to push to they propos to put two new columns in and push them closer property line to give them better turning radi
because it is tight um but in the Middle Island where the columns are we're actually going to do a slotted metal fence so it'll be transparent because we didn't want to completely obstruct the beautiful facade that they're spending a
lot of money on to create um so the idea is you'll have these colum that that create the Gateway and S of Ral point in the driveways but in the Middle Island it's going to be transparent into thead and the house sit so high up on
the elevation didn't want to take away from could you just please state your name for the record thank you okay here's the RightWay yeah so here's the Landscaping on sheet L4 is what they're proposing so
you could see on here again you can't see it from here but on your sheet you'll be able to clear read it there's artificial turf here and then there's some palm trees that are proposed here on each side this is a palm tree that's a palm tree and then they have different shrubs along this area
here I'm just wondering why because and I'm going to use Tuscana as a reference um we're going to lose a lot of planting that we have because it's in their right of way and and that has been
there for a long time so I'm just wondering what how it works that you just go in front of them and they're just going to say okay put it in the right away while they're in the middle of this widening project I'm just wondering how that works like what is
the time frame for fdot approving putting more things into the right of way to to use their right of way I I the timing varies I mean sometimes it take several months it seems like they're taking longer now and I don't know if it's because
of Manpower I don't I really don't know until we get the approval then we'll see if they have any issue I could tell you that we've had several single family homes uh you know do landscaping the RightWay and pretty much a great majority of them have always been
approved um there may have been some discussion between the applicant and fdot maybe a a tree was not right place right tree and maybe they had them change it but pretty much what they submit um fdot has approved from what my experience has been but again this could
be something that that maybe they have to switch something around I I really don't know and we really are at the mercy of of fdot and as I said once that approval comes in I'm going to look at it and make sure it it matches you know what they are requesting for your
approval today um and then we'll have to go from there so what Len what you said is that if it's not approved exactly as it is we have to come back here anyway then it would probably come back yes
okay well you know it's my opinion just my opinion and we're going to vote that we should um not approve it until fdot approves it that that would be the way I would want to do it because um just to that point legally we really can't oh
you can't you can't hold up for other agency approvals you can just make it a conditional approval well legally we can't we can't two palm trees actually existing so the only landscape thatting RightWay are ground
cover yeah right I get that okay so let's go on with the um okay so does anybody else have any questions for either the town planner or
the representative of the uh applicant okay you have anything more you want to present or okay um are there any members of the public who would like to comment on the application so there's none so one more
time do any board members have any questions of anybody that has been here today okay the public hearing is now closed is there a motion to approve a motion to approve conditions or a motion
to deny and you're telling me that we can't even make a motion to deny we have no right to do well not on that basis because there's a statute that says essentially if there's a third party another governmental approval that's required you can only make it a condition of approval
okay yeah we can no you can just make it a condition of approval which ingward has already done so why is there a choice of a motion to deny just because that's what they always write that is exactly what they always write and maybe there's some other bases but um not on
this particular well I haven't heard any other bases right I got it that's the plan yeah I think it says you either write approve approve of conditions or deny okay um so uh do we have a motion to I would I would make a motion to approve I think it's very
creative um and very impressive from the design point of view but I'd make a motion to approve okay and is that with the condition condition that ing uh I agree with Len I mean to come back
um no it we really the conditions are just that we we're going to require FD approval which we should do right motion subject to the approval it goes before the commission me too I second that I would second that
okay good so we have a motion to approve with conditions that fat approve what they've done and if they don't approve it as submitted to F do it comes back here right correct okay good okay can we
um need a second second second okay uh please call the RO member chowski yes member Axelrod member Rosen member Brown yes
Vice chairperson mendleson yes thank you okay now we have some announcements April 8th at 1:00 a special magistrate hearing and April 10th at 9:30 another planning
board meeting and the meeting is adjourned at 5 to10 outstanding outstanding good looking looks good it looks really good I can read really