##VIDEO ID:SWd1g9jeiqA## e good morning everyone and welcome to the planning board regular meeting on Thursday September 12th 2024 at 9:30 a.m. uh before we begin please silence all your cell phones I understand that there is a hearing impaired individual in the room is that correct or not no they didn't show okay great can we have the roll call Mr Hart member Rosen member Brown pres member chowski here member Axelrod yeah Vice chairperson Mendelson here chairperson Goldenberg here count attorney L okay sorry thank you all right please rise for the Pledge of Allegiance our pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice just a quick note uh yesterday was 911 uh just want to make a note of that and just think about the people that we were lost all right approval of the agenda is there a call for a motion to accept the agenda as presented seconded all in favor say I I all right swearing in in the public is for those giving testimony please stand and raise your right hand be sworn in by Mr Hart to provide testimony for the application that you are affiliated with Mr Hart by the authority vested me as a notary of the State of Florida do you swear or affirm that the testimony that you're about to give is the truth the whole truth and nothing but the truth thank you and just a review of the approval of the minutes of a long time ago June 13th of 2024 are there any corrections to the minutes and if there are none can I have an approval uh approve the minutes a motion please second all in favor I I there is no unfinished business so let's move on to the new business development order application number pc-24 D6 yman Cove townhouse application by akar mandal I hope that is pronounced correctly uh boat lifts and docks of South Florida for a special exception to install a new 884 sq ft Dock and to raise existing seaw wall cap an additional 3 ft for the otman Cove townhouse Condominium Association Incorporated located at 1-10 one6 Air Drive do any board members have any expart Communications hearing none at this time is alen the floor is yours hey good morning for the record ingred Allen uh we are having some issues with Microsoft so I typically show the PowerPoint the slides are um available in your packets anyway uh the aerial start is on page 12 if you haven't familiarized yourself with the property uh So currently at this property there's a 78455 foot wood dock as the chair just indicated they're proposing to install an 884 square foot concrete Dock and uh their current seaw wall according to the plans that they've submitted is at three feet and they're going to be adding an additional three feet to that um on page nine of your packets I provided you a table with the fdp and Army Corps authorizations that the applicant has received for this request um the property zoned rml so as you all are very familiar the rml zoning District does not need to comply with Marine site setbacks uh with regards to the seaw wall again the code does require that seaw walls on the west side of A1A be at base flood elevation or higher the current base flood for this or base flood elevation for this property is six feet and again the proposed seaw walls at six feet so they are compliant with the code uh staff has reviewed the proposed requests including the plan set which is date St received by the building department on August 19 2024 those are those uh 11 by 17 sheets that are in your packet the uh application is consistent with the special exception provisions of section 30-36 of the town code were applicable compliant with the code of ordinances as well as a comp plan I'll be glad to answer any questions the uh applicants authorized agent is here as well to address any questions that you may have do any board memb M have any questions of the staff I do I've never heard of this um company that's putting in the seaw wall have they done work in Highland Beach before uh they've been before you a few times with uh different seaw wall dock projects um in the last few years they have come before the planning board um sorry uh they're lifting the seaw wall and they're putting in a new concrete do what are they going to do with the existing lifs that are there now so on the plans you'll see on the site plan sheets they are remaining so uh they could talk to you a little bit more about how they do that um again when they get their building permit we'll have our uh you know inspectors go out there and make sure but um that's really more of the structure part and that is you know address in the when they'll go for the building permit but I could defer to the applicant and they could address that yeah just one second any other questions from the board to from Miss Allen all right could we please have the applicant or representative discuss this good morning my name is Steven garbett owner of Bo list and do owner of Bo list dos yeah Steve has worked in in the community for some time yes um we will the the boatlifts are currently not attached to the existing dock they have their own structure of piling that's holding them up so if we're planning not to remove them leaving them as is and build around where they are isn't there an isn't there an elevator list at the distal end of B Air Drive that we approved for this uh townhouse here at the end there's three boat LS there there straight boat lists or elevator three boat lists three elevator lists so if they're elevator lifts aren't they attached to the docks no it's attached to their own piling okay any other questions any other board members have questions of this gentlemen excuse me uh of the public yeah yeah yeah thank you do any any member of the public have any statements or would you please come to the podium hi thank you Diane matthewman 119 Bel Air Drive I'm across the street from them but my concern is and I'm not sure if it's it's a legitimate concerned or not I'm from what I'm understanding is they want to raise their seaw wall three feet right so that means they're going to be three feet higher from both their neighbors so if a storm comes or a full moon comes with a big high king tide and the water's coming over the seaw wall they that property gets no water and their neighbors are going to get more water that's my concern and I want to know how that's going to be addressed thank you or or they're going to get water and it's going to come you're going to get water and it's going to come back into their property get rained by them are you putting side um also are you lifting up side ways three ways three feet off well okay well that that's my concern because as of now just a second just a second let's one question at a time I just want to make a statement that as of now when we have a high tide the the inra coastal water is going into our pools okay so if they build a three foot high seaw wall we're going to get more water in our pool that's all and in all due respect I think everybody is going to eventually be raising their seaw walls yeah unfortunately un you're you're in the you're in the structure across the street right and I think that somebody had come here once before and had said that they didn't want to raise their seaw wall in that structure because it it would affect their view I know nothing about that okay well it's so noted you're concern and I know if you allow them to do it it will eventually come to my side of the street hopefully for raising the seaw wall I think it should all be done at the same time isn't that in isn't that an issue for the community to decide yeah yes but but we don't hit I mean if it's part of the if it's approved in our code and it's allowed we don't have the right to tell various people that they should do it I mean or to say that they can't because it's approved I mean it's well I okay all it's so noted your concern and is there yes the please yes we do build um Returns on the each end of this of the property bordering the neighbors from the height of the cap all the way to the level with the property uh the grass so there's no runoff you know to the neighbors so the notion is if I understand it that once this is complete whatever is happening today will still continue to happen the same way because the way we build the docks and the returns is that there is a slope so for the water to drain off the dock so the water wouldn't be going to their neighborhood to their property will be going off to the side well the issue is if it's already doing that without this change what I think you're suggesting is there will be no change yeah if you're getting the water from the inter Coastal that has nothing to do with the side property that's the part that I wanted to be clear yes okay no that property will not be not be getting water from the inter Coastal they will only getting getting water from adjacent adjacent properties flly those properties overflow their returns and their retaining wall so the property across the street what this lady's talking about if the water comes over into her backyard and it's high enough to be able to go across the street then it'll be there but it has to go over the 3- foot retaining wall and the returns in order to be able to come into property right and and from what I understand it would be the neighboring properties that would be having a bit of difficulty because they still would be the same as they are now they'd be the neighboring properties would be the same as they are today but this property once this is completed may may remain dry right drier from the from the inter Coastal water on the in but all depends on how high water goes thank you st go ahead question I think it's a very valid inquiry but from our Authority we have no authority to tell the whole Community to raise them what the community decides correct it's Our obligation to just look that's an economic that's an economic decision for the community that's correct and then then they can come back this on its own right and and could you identify yourself please Kitz live at 106 Bair drive and this one is specifically on our side of the street right now and Dian and I are very friendly neighbors but our side of belir both sides everything's slightly mismatched right now because we're our our own each individual HOAs and complexes and such I think her issues are super valid our side is already slightly uneven neighboring view it's just how it is right now the difference on our side right now of why we need the seawall and need the help we all are actively outside with the boats and the dogs and everything it it's very much needs a lot of support and love our water overflow doesn't affect mostly on our side any of the pools because all of our pools are raised and we're at mismatched Heights right now like I wish Belair did have continuity and both sides really had that even hey we're all doing the work let's get in to it together if our team you know if our complex agrees they agree it's different with belir because we are all very individual comp complexes so it is going to look a little funny as we all fix it together but living in that complex now knowing how beat up the wood is and the holes and the such we need the work done as smoothly the four next big holiday seasons and hurricanes and I think it is going to take time that the whole Block's going to have to adjust and it may look lightly uneven for a bit but our neighbors like in the three-story green ones they're already at a different height than us and they're gated differently for their seaw wall and their pools are high so I think there's just a little mix and match until we all update come into the next generation of the seaw wall knowing that this work has to get done over time to your point each individual have to contract go through the permit process and come here I just right and each of those projects should be slightly individualized because the price tag the grouping en point is point is that because you're each in HOA you each are uh under an obligation should you choose to do this do so on an individual HOA basis and I think that's why the the questions are great today but I know that no neighbor would want to hurt or harm anyone else's land or property of building it up so I do want to make that known too is that I think the team is here to make sure that nothing runs off or causes issues to other neighbors and I think that's why Belair also had other constructions and things going on and we're here to make sure we're that that block does stay safe and healthy to everyone's property and land so just adding in that we're in our own little individual bubbles for now but hopefully as that whole Community slowly updates we do find a nice symmetry to it well thank you actually when we did the uh accessory Marine facilities and we talked about the seaw walls and raising the seaw walls there was a concern that we would have a check board front Miss Allen is that correct and that eventually everybody's going to be raising their walls but it's going to vary till everybody gets up to time Mr chairman I have a question please oh you may have your answer anytime you want so just just to be clear because I'm looking at the plan you're not raising the seaw wall cap you're actually putting uh driving a pile behind the seaw wall cap on the property and then you're putting a retaining wall above it Steve you need to come to the microphone now we'll be uh tying into the existing seaw wall cap and raising it up you'll be tying it but the existing seaw wall cap is according to this is maybe is six feet in front of this retaining wall that you're putting in the new retaining wall let me just 3 feet six feet four and two six feet in front so the existing the existing seaw wall cap will remain and is not going to be touched this is on dl-1 of the dock steel detail yes sir if you see it if you see it there it it it's going tying right into the seaw wall cap I know I understand it made high in on on the top but the existing seaw wall cap right now is going to remain yes sir correct yes sir and the existing dock is going to remain and then you're driving this new pile behind it six feet 5 feet behind it and then you're putting a block wall on top of the pile yes the new piling will be in the water yes this piling see there yes so you're really not raising the seaw wall cap you're just a retaining wall behind the seaw wall cap not on top of the seaw wall cap well that's not on top of it yes that's what it is it looks like it's behind it by six feet that that's what it is right on top of the seaw wall cap there I mean am I reading this wrong May how am I reading it wrong this is this is six feet behind here look it's six feet he's saying it's adjacent so maybe no it's attached I see how it's tied in but it's behind so it's set back is it not is this block wall that you're putting here not set back no it's it's on top of the seaw wall cap okay and this and he's faing the present structure yeah and the pilings will be driven in the water and tied into the dock which page are we on the issue that was being brought up was that microphone no it says right here a new 221t by 4ot concrete dock six feet from the West face the the seaw wall cap is 3 feet wide 36 in and the dock will be you know 4 foot extended from the seaw wall cap right and what is the structure that's behind the dock on the last page you're talking detail one yes this is in the water that piling is in the water that's the water side yeah this is the water side but this is this is the front this is the water side not behind that's out in the water that piling oh so you're putting it in front of it not behind it yes sir but the issue that the issue actually that came up that was being brought up Eve that Eve responded to uh was that the the unevenness thank you very much put my buttons thank you thank you was the the unevenness of the of the neighbors was a concern because of the water uh flowing off uh which I think we're all going to we just put a new seaw wall in ourselves and we are experiencing that with my with our neighbors so it it side wall we don't have the sidewall and yeah we don't and we're experience in our building uh that there is some flow but and we're hoping that the people that but us will take the next steps in the future to change the seaw wall and that's the fact of life yeah and we went through this once with uh another company condo and but thank you they W raised and they wouldn't so thank you Steve is there any other questions of the applicant what I'm really I'm I'm leaving now but I just wanted to say I'm fine with this SE if they have those retaining walls and it doesn't affect the neighbors then I'm all for it okay thank you for your input do any board members have any other applic uh questions of the applicant or hearing none the public hearing is now closed I'll need a motion to approve to approve with conditions or a motion to deny the request second all in favor all right and do we need to yeah we need a a roll call member Rosen yes member Axelrod yes member Brown yes member chowski yes Vice chairperson Mendelson yes chairperson Goldenberg yes thank you motion carries all right thank you very much uh announcements September 17 2024 at 1:30 p.m. Town commission meeting there's be a correction that I have September 18th at 5:01 p.m. Town commission second public hearing budget meeting and October 10th we shall all meet here at 9:30 a. for a planning board meeting do I have a motion to adjourn second all in favor I I thank you very much we have um you you know you were a little I thought will not be here for the October 10th meeting all right so we'll have to see what where have you been going sucking $25 out of my pocket hey we lost 50 this summer yeah I don't I don't know what I can do about what I just want run on that boat cash flow that's right exactly I want I want to run on that boat every time it come Ty