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HomeMy WebLinkAbout10011996BOA BOARD OF ADJUSTMENT REGULAR MEETING OCTOBER 1, 1996, 7:00 P.M. THE MEETING WAS CALLED TO ORDER BY ROBERT MASSARELLI, CITY PLANNER, AT 7:00 P.M. ROLL CALL: PRESENT: MR. CROCKET CHAIRMAN OBERBECK MR. DEVITO MR. GORE MR. FREELAND, ALTERNATE MR. BECKWITH, ALTERNATE EXCUSED: VICECHAIRMA_N CAPP ALSO PRESENT: ROBERT MASSARELLI, CITY PLANNER OLD BUSINESS: A MOTION WAS MADE BY MR. GORE, SECONDED BY MR. CROCKET TO APPROVE THE MINUTES OF SEPTEMBER 3, 1996. VOICE VOTE, 5-0, MOTION CARRIED. MR. BECKWITH (ALTERNATE) VOTED FOR VICECHAIRMAN CAPP NEW BUSINESS: PRESENTATION BY ROBERT MASSARELLI ON THE LAND DEVELOPMENT CODE BASICALLY IN CHAPTER 163, WHICH IS THE INTERGOVERNMENTAL PROGRAMS, THERE IS THE COMPREHENSIVE PLANNING AND LAND DEVELOPMENT ACT. IT IS A REQUIREMENT THAT EVERY LOCAL GOVERNMENT HAVE ADOPTED A COMPREHENSIVE PLAN AND ADOPTED A LAND DEVELOPMENT CODE TO IMPLEMENT THAT COMPREHENSIVE PLAN. LAND DEVELOPMENT REGULATIONS COMES FROM THE STATE STATUTES AND ARE ANY ORDINANCES THAT ARE ADOPTED BY THE GOVERNING BODY FOR THE REGULATION OF ANY ASPECT OF DEVELOPMENT WHICH INCLUDES THINGS LIKE ZONING, REZONING, BUILDING AND CONSTRUCTION, SIGN ORDINANCES. THE LAW REQUIRES THAT WE ADOPT LAND DEVELOPMENT REGULATIONS. HE EXPLAINED WHAT THE DEFINITION OF DEVELOPMENT IS. GENERALLY, IT IS THE CARRYING OUT OF ANY BUILDING ACTIVITY OR MINING OPERATION MAKING A MATERIAL CHANGE IN THE USE OR APPEARANCE OF ANY STRUCTURE OR LAND AND DIVIDING OF LAND INTO THREE OR MORE PARCELS. THERE ARE A FEW THINGS THAT ARE IDENTIFIED AS NOT BEING DEVELOPMENT AND THIS IS WORK BY A HIGHWAY OR ROAD AGENCY OR RAILROAD COMPANY FOR THE BOARD OF ADJUSTMENT MEETING, OCTOBER 1, 1996 PAGE 2 MAINTENANCE OR IMPROVEMENT OF ROADS OR RAILROAD TRACKS IF IT IS CARRIED WITHIN THE RIGHT-OF-WAY, AND WORK BY ANY UTILITY OR PERSONS ENGAGED FOR THE DISTRIBUTION OR TRANSMISSION OF GAS OR WATER FOR THE PURPOSE OF INSPECTING, REPAIRING, RENEWING OR CONSTRUCTING OF ANY ESTABLISHED RIGHT-OF-WAY, ANY SEWERS, MAINS, PIPES, CABLES, UTILITIES, TUNNELS, POWERLINES, TOWERS, POLES, TRACKS AND ALIKE. THE USE OF ANY LAND FOR GROWING CROPS, PLANTS, TREES OR OTHER AGRICULTURAL FOREST ACTIVITY, RAISING LIVESTOCK OR AGRICULTURAL PURPOSES ARE ALSO AN EXCEPTION TO THE DEFINITION OF DEVELOPMENT. THE USE OF ANY STRUCTURAL LAND DEVOTED TO A DWELLING USED FOR ANY PURPOSE CUSTOMARILY INCIDENTAL TO THE ENJOYMENT OF A DWELLING IS NOT A DEVELOPMENT. A CHANGE OF USE OF LAND OR A STRUCTURE FROM A USE WITHIN A CLASS SPECIFIED IN AN ORDINANCE TO ANOTHER USE IN THE SAME CLASS IS NOT A DEVELOPMENT. THE CHANGE OF OWNERSHIP IS NOT A DEVELOPMENT ACTIVITY. THE CREATION OR TERMINATION OF RIGHTS OF ACCESS, RIPARIAN RIGHTS, EASEMENTS OR COVENANTS CONCERNING THE DEVELOPMENT OF LAND IS NOT A DEVELOPMENT ACTIVITY. IF THE LAND DEVELOPMENT REGULATIONS ARE INCONSISTENT WITH THE COMPREHENSIVE PLAN, THE COMPREHENSIVE PLAN PREVAILS. THE CITY OF SEBASTIAN'S LAND DEVELOPMENT CODE WAS FIRST ADOPTED AUGUST 28, 1985 AND BECAME EFFECTIVE SEPTEMBER 9, 1985. SINCE THAT TIME, THE CITY HAS HAD 22 SUPPLEMENTS. THE LAND DEVELOPMENT CODE TODAY IS INCONSISTENT WITH THE COMPREHENSIVE PLAN AND IS INTERNALLY INCONSISTENT AND IS INCONSISTENT WITH THE FORM OF GOVERNMENT WE HAVE ADOPTED NOW IN THE CITY OF SEBASTIAN. PROCEDURALLY, IT IS A NIGHTMARE TO TRY TO FIGURE OUT. MR. MASSARELLI STATED ALL OF THE LAND DEVELOPMENT CODE HAS BEEN TYPED ON A WORD PROCESSOR. THE CITY HAS MADE SOME CHANGES ALREADY. THE NEXT STEP WE ARE WORKING ON IS PROCEDURES BY TAKING EACH PART OF THE LAND DEVELOPMENT CODE AND COMING UP WITH A DIFFERENT FORMAT OF THE PROCEDURES MAKING IT MORE UNDERSTANDING. THE CITY IS CURRENTLY DOING AN EVALUATION AND APPRAISAL REPORT OF THE COMPREHENSIVE PLAN TO SEE HOW EFFECTIVE IT HAS BEEN OVER THE LAST FIVE YEARS. THE PLANNING AND ZONING COMMISSION WILL BE CONSIDERING THAT ON THE 17TH WITH A RECOMMENDATION TO CITY COUNCIL AND THEY WILL HOLD TWO PUBLIC HEARINGS PROBABLY IN NOVEMBER. AFTER THE TWO PUBLIC HEARINGS IT THEN HAS TO GO TO THE STATE TO DEPARTMENT OF COMMUNITY AFFAIRS BY THE END OF THE YEAR. THE CITY THEN GOES INTO A YEAR LONG PROCESS REWRITING THE COMPREHENSIVE PLAN. THE NEXT STEP WOULD BE TAKING THE LAND DEVELOPMENT CODE AND MAKING THAT CONFORM TO THE NEW COMPREHENSIVE PLAN. BOARD OF ADJUSTMENT MEETING, OCTOBER 1, 1996 PAGE 3 THERE ARE VARIOUS SECTIONS IN THE LAND DEVELOPMENT CODE. SECTION 1 IS BASICALLY THE AUTHORITY OF THE CODE. SECTION 2 ESTABLISHES THE ZONING DISTRICTS. GENERALLY THE ZONING DISTRICTS ARE CLASSIFIED AS RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL. THERE ARE VARIOUS ZONING CATEGORIES FOR RESIDENTIAL BASED ON THE SIZE OF THE LOT, REQUIREMENTS FOR SIZE OF BUILDINGS, SETBACKS, LOT COVERAGE, AND GREEN SPACE. THERE ARE SPECIAL RESIDENTIAL ZONING DISTRICTS FOR MOBILE HOMES, MUTI-FAMILY DWELLINGS. WE HAVE 7 ZONING DISTRICTS FOR COMMERCIAL. THEY ARE AS FOLLOWS: 1. COR (COMMERCIAL OFFICE AND RESIDENTIAL DISTRICT); 2. C-512 (COMMERCIAL 512 DISTRICT); 3. CL (LIMITED COMMERCIAL DISTRICT); 4. CG (GENERAL COMMERCIAL DISTRICT) 5. MCR (MARINE COMMERCIAL AND RESIDENTIAL DISTRICT); 6. GMC (GENERAL MARINE COMMERCIAL); 7. CRR (COMMERCIAL RESORT RESIDENTIAL). THERE IS ONLY ONE INDUSTRIAL ZONING DISTRICT WHICH IS IN (LIMITED INDUSTRIAL DISTRICT). THE INSTITUTIONAL DISTRICT IS PS (PUBLIC SERVICE DISTRICT) WHICH IS BASICALLY THE GOVERNMENT BUILDINGS AND UTILITY BUILDINGS. SECTION 4 IS ANOTHER GROUP OF ZONING DISTRICTS CALLED PLANNED UNIT DEVELOPMENT (PUD). IT IS A PROCESS TO GIVE MORE FLEXIBILITY TO DEVELOPERS AND HOW THEY DEVELOP THEIR LAND. YOU ELIMINATE THINGS SUCH AS SETBACK REQUIREMENTS, LOT COVERAGE ETC. TO WORK WITH THE DEVELOPER TO COME UP WITH ANOTHER DESIGN FOR THE USE OF THE LAND. IN THE CITY WE HAVE ZONING DISTRICT PUD IN RESIDENTIALi COMMERCIAL, MOBILE HOME AND INDUSTRIAL. SECTION 5 IS GENERAL PROVISIONS WHICH COVERS ENCROACHMENTS INTO THE REQUIRED YARDS, HEIGHT LIMITATIONS, REGULATIONS FOR REQUIRED YARDS, REGULATIONS OF FENCES. SECTION 6 IS CONDITIONAL USE AND SPECIAL EXCEPTION USE CRITERIA. WITHIN THE ZONING DISTRICTS THERE ARE USES THAT ARE PERMITTED. THERE ARE ALSO CONDITIONAL USES WHICH ARE THINGS THAT COULD CAUSE HARM TO THE ADJACENT LAND OWNER AND CONDITIONS ARE PLACED ON THAT TO MINIMIZE OR TO ELIMINATE THAT POTENTIAL HARM. ADULT ENTERTAINMENT, HOTELS, MOTELS, DRiVE-THRU FACILITIES, FUNERAL HOMES, GASOLINE SALES ARE CONDITIONAL USES THAT HAVE CONDITIONS TO BE MET BEFORE THEY CAN BE APPROVED. THIS WHOLE CONDITIONAL USE SECTION IS ONE AREA THAT WE ARE GOING TO BE TAKING A CLOSE LOOK AT AND SEEING HOW IT COULD BE IMPROVED. SECTION 7 IS PERFORMANCE STANDARDS. THIS IS WHERE WE GET INTO NUISANCE ABATEMENT SUCH AS NOISE, ODOR, AND ESTABLISHES SOUND REQUIREMENTS. BOARD OF ADJUSTMENT MEETING, OCTOBER 1, 1996 PAGE 4 SECTION 8 DEALS WITH THE PARKING REQUIREMENTS. THERE ARE REQUIREMENTS OF THE LAYOUT OF THE PARKING LOTS, THE SIZE AND SHAPE OF STALLS, AI~D HANDICAP PARKING. SECTION 9 DEALS WITH NONCONFORMITIES AND NONCOMPLIANCES. WHEN THE CODE WAS ADOPTED IN 1985, NOT EVERY PROPERTY MET THE REQUIREMENTS OF THE CODE. THIS ALLOWS SOMEONE TO USE THEIR PROPERTY DESPITE WHAT THE CODE REQUIRES. THE CODE PROHIBITS THE EXPANSION OF THE NONCONFORMITY OR THE NONCOMPLIANCE. MR. GORE ASKED MR. MASSARELLI IF AN EXISTING BUILDING HAD BEEN 50% DESTROYED, WOULD IT HAVE TO MEET THE CURRENT CODE. MR. MASSARELLI STATED THAT THE BUILDING WOULD HAVE TO MEET THE CURRENT CODE. THIS MIGHT BE ONE OF THE SECTIONS THE BOARD MIGHT BE DEALING WITH IF SOMEONE COMES IN WITH A NONCONFORMING OR NONCOMPLYING USE WANTING TO EXPAND IT. WE ARE NOT ALLOWED TO DO IT BY THE CODE BUT THE BOARD WILL HAVE TO CONSIDER THE SITUATION. CHAIRMAN OBERBECK ASKED MR. MASSARELLI WHAT SHOULD THE BOARD BE LOOKING FOR. SHOULD IT BE THE IMPACT ON THE COMMUNITY, THE BENEFIT OF EMPLOYMENT TO THE COMMUNITY, THE NEGATIVE IMPACT IT MIGHT HAVE ON ADJOINING PROPERTY OWNERS OR THE COMMUNITY AT LARGE. MR. MASSARELLI STATED THERE ARE 9 FACTORS THE BOARD OF ADJUSTMENT SHOULD CONSIDER IN ORDER TO GRANT A VARIANCE. ONE OF THOSE IS THAT IT IS NOT INJURIOUS TO THE PUBLIC WELFARE OR THE INTENT OF THE ORDINANCE. SECTION 10 IS THE SITE PLAN REVIEW. EVERY COMMERCIAL AND INDUSTRIAL DEVELOPMENT HAS TO COME IN FOR A SITE PLAN REVIEW. IF YOU ARE MODIFYING OR EXPANDING AN EXISTING BUILDING, THE CITY REQUIRES YOU TO COME IN FOR A SITE PLAN REVIEW. IF YOU ARE NOT DOING ANY CHANGES TO THE BUILDING, WE WORK WITH THE iNDIVIDUAL TO ADDRESS PARKING AND LANDSCAPING BUT DON'T REQUIRE THE FULL SITE PLAN REVIEW PROCESS. MR. FREELAND ASKED MR. MASSARELLI WHY THERE IS NO PUBLIC INPUT ON SITE PLAN REVIEWS. MR. MASSARELLI STATED HE FEELS THERE SHOULD BE A PROVISION FOR PUBLIC INPUT ON ANY SITE PLAN REVIEWS. SECTION 11 IS THE ADMINISTRATIVE SECTION AND THIS IS WHERE THE BOARD OF ADJUSTMENT IS CREATED. IT SPELLS OUT THE BOARD'S RESPONSIBILITIES, POWERS AND THINGS THE BOARD HAS TO CONSIDER AS WELL ESTABLISHING THE PLANNING AND ZONING'S POWERS AND RESPONSIBILITIES. IT GOES THROUGH HOW AMENDMENTS TO THE ZONING CODE ARE PROCESSED AS WELL AS AMENDMENTS TO THE COMPREHENSIVE PLAN. THE ZONING AMENDMENT DOES NOT TAKE EFFECT UNTIL THE COMPREHENSIVE PLAN AMENDMENT TAKES EFFECT. ON A SMALL SCALE AMENDMENT, SOMETHING LESS THAN 10 ACRES IN SIZE, THERE IS A 30 DAY PERIOD THAT PEOPLE CAN OBJECT TO THE COMPREHENSIVE PLAN AMENDMENT AND ASK FOR ADMINISTRATIVE HEARING WITH THE STATE. IF NO OBJECTIONS, ON THE 31ST DAY BOAP/) OF ADJUSTMENT MEETINg, OCTOBER 1, 1996 PAGE 5 THE COMPREHENSIVE PLAi~ AMENDMENT TAKES EFFECT. IF THERE IS AN OBJECTION, IT IS A VERY LONG PROCESS WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. IF IT IS GREATER THAN 10 ACRES, IT GOES TO D.C.A. FOR REVIEW AND IT IS APPROXIMATELY A 6 MONTH REVIEW PROCESS BEFORE THEY SIGN OFF ON IT. ALSO THiS SECTION COVERS TEMPORARY USE PERMITS. SECTION 12 IS THE LANGUAGE AND DEFINITIONS. WHAT YOU HAVE TO DO IS GO BACK TO SECTION 2 WHERE IT ESTABLISHES THE DISTRICT AND HAS ALL SORTS OF DEFINITIONS. WHILE REVIEWING THE CODES WE HAVE ALREADY FOUND THREE DEFINITIONS OF A TREE. THIS IS ONE OF THE INTERNAL INCONSISTENCIES THAT WE ARE FINDING IN THE CODE. SECTION 13 DEALS WITH THE LANDSCAPE REGULATIONS. THIS PROVIDES WHAT KIND OF LANDSCAPING IS REQUIRED, THE NUMBER OF TREES REQUIRED AND WHERE THEY ARE REQUIRED TO BE LOCATED. THIS SECTION IS VERY DIFFICULT TO WORK WITH AND ENFORCE. SECTION 14 DEALS WITH TREE PROTECTION. WORKING WITH THE RIVERFRONT COMMITTEE THE CITY IS GOING TO IMPROVE THE LANDSCAPING AND TREE PROTECTION ORDINANCES. SECTION 15 DEALS WITH THE SIGN REGULATIONS. ALONG THE RIVERFRONT AREA WE WANT TO HAVE MONUMENT SIGNS AND KEEP WITH THE LANDSCAPING WE WANT. CHAIRMAN OBERBECK STATED THAT MAYBE WE COULD COME UP WITH A REGULATION AFTER A BUSINESS IS CLOSED FOR 30 DAYS, THE SIGNS COULD BE REMOVED. YOU MIGHT HAVE TO GO AFTER THE LANDLORD TO ENFORCE THE REMOVAL OF SIGNS. MR. FREELAND STATED THERE IS NO CONSISTENCY WITH CODE ENFORCEMENT WHEN DEALING WITH POLITICAL SIGNS. MR. MASSARELLI STATED THE CODE STATES THE BUILDING OFFICIAL SHALL ORDER THE IMMEDIATE REMOVAL OF ANY POLITICAL SIGN FOUND IN VIOLATION OF THIS SECTION. IF WITHIN TWO DAYS THE SIGN IS NOT REMOVED, CODE ENFORCEMENT CAN GO OUT THERE AND REMOVE IT. WE WILL KEEP TRACK OF THE COST AND TRY TO GET REIMBURSED. SECTION 16 DEALS WITH SUBDIVISION OF LAND. THIS SECTION IS VERY RARELY USED BECAUSE SEBASTIAN IS PLATTED OUT. HOWEVER, THE CITY DID HAVE A SUBDIVISION PLAT GO THROUGH THE PROCESS WHICH WAS HARBOR POINT. WE HAVE A STANDARD FORM WHICH HAS A CHECK LIST WITH THE REQUIREMENTS. THE DIMENSION OF EVERY LOT HAS TO BE CHECKED TO MAKE SURE THAT THERE IS THE PROPER FRONTAGE ON A RIGHT-OF-WAY, THE PROPER SETBACK, THE PROPER WIDTH OF THE LOT, MAKE SURE THE LOT IS BUILDABLE IF THERE IS A CONSERVATION EASEMENT OR DRAINAGE EASEMENT ON IT. ONE OF THINGS THAT HAS BECOME A SERIOUS PROBLEM IS WHEN WE HAVE A SITUATION WHERE WE HAVE THREE LOTS. THE LOT IN THE MIDDLE IS DIVIDED IN HALF AND JOINED WITH THE OTHER TWO LOTS. BOARD OF ADJUSTMENT MEETING, OCTOBER 1, 1996 PAGE 6 BY DEFINITIONS iN THE CITY'S CODE, IT IS A SUBDIVISION OF LAND WHICH REQUIRES TO GO THROUGH A MINOR SUBDIVISION, WHICH ACTUALLY INVOLVES THE CREATION OF A PLAT, THE NAMING OF A SUBDIVISION AND THE RECORDING OF IT. THERE iS NO OTHER WAY LEGALLY FOR A LOT TO BE SPLIT AND JOINED WITH TWO ADJACENT LOTS. THE CITY HAS AN ORDINANCE BEFORE CITY COUNCIL FOR SECOND READING ON OCTOBER 9TH DEALING WITH THE SUBDIVISION OF A SINGLE LOT. BASICALLY WHAT WE ARE PROPOSING IS AN INDIVIDUAL CAN COME IN WITH THE SURVEY OF THE LOT, A SURVEY OF THE PROPOSED DIVISION OF THE LOT, VACATION OF EASEMENTS, DEDICATION OF NEW EASEMENTS, UNITY OF TITLE AND BY PROVIDING THOSE THINGS, WE COULD SIGN OFF IN HOUSE. THIS WOULD BE A QUICKER PROCESS AND WILL ALLOW US TO MAKE SURE THAT THERE ARE NO NONCONFORMING LOTS IN THE AREA. THE SUBDIVISIONS OF LAND ALSO INCLUDES THE DESIGN STANDARDS AND REQUIRED CONSTRUCTION. MR. MASSARELLI STATED HE IS CONTACTING ENGINEERS, DEVELOPERS AROUND THE STATE TO ASK THEM WHICH LAND DEVELOPMENT CODES WORK WELL. MR. CROCKET ASKED IF THERE WOULD BE ANY TIMES THAT THE DIFFERENT BOARDS WOULD GET TOGETHER AND EXCHANGE THE MEETING OF THE MINDS. MR. MASSARELLI STATED A JOINT MEETING WITH THE PLANNING AND ZONING COMMISSION COULD BE ARRANGED. CHAIRMAN OBERBECK STATED THE CITY HAD A PROBLEM IN THE CODES WHEREBY SOMEONE WORKING FOR SEARS FOR EXAMPLE COULD BRING HOME A BIG BOX TRUCK AND PARK IN HIS DRIVEWAY, BUT I AS A LOCAL RESIDENT DO NOT HAVE THE RIGHT TO DO THAT. MR. MASSARELLI STATED IF YOU HAVE A HOME OCCUPATION, YOU COULD HAVE ONE COMMERCIAL VEHICLE BUT IT IS LIMITED IN SIZE. CHAIRMAN OBERBECK ASKED MR. MASSARELLI IF THE BOARD SHOULD BE BROUGHT UP-TO-DATE ON HOME OCCUPATIONAL LICENSE PRIOR TO THE NEXT MEETING. MR. MASSARELLI STATED WE WOULD PROBABLY GIVE THE BOARD MEMBERS A COPY OF THE CODE PERTAINING TO HOME OCCUPATIONS IN THEIR PACKETS FOR THE NEXT MEETING. CHAIRMAN'S MATTERS: CHAIRMAN OBERBECK STATED HE FEELS ON ANY REQUESTS FOR A VARIANCE THAT THE BOARD SHOULD HEAR THE FINDINGS OF FACT FROM STAFF AND THE APPLICANT BUT NOT HEAR STAFF'S RECOMMENDATION. THE BOARD SHOULD BE THE ONE TO MAKE THE RECOMMENDATION TO APPROVE OR DENY THE VARIANCE. BOARD OF ADJUSTMENT MEETING, OCTOBER 1, 1996 PAGE 7 MR. DEVlTO STATED HE COULD LISTEN TO SEVERAL RECOMMENDATIONS BUT IT WOULD NOT INFLUENCE HIM ON MAKING HIS OWN DECISION. MR. BECKWITH'S ONLY CONCERN IS THAT THERE MIGHT BE SOME LEGAL RAMIFICATIONS THAT THE STAFF WAS AWARE OF THAT THE BOARD WAS NOT. CHAIRMAN OBERBECK STATED IT WOULD HAVE TO BE MADE EVIDENT TO THE BOARD. MR. FREELAND STATED HE FEELS THE APPLICANT SHOULD PRESENT HIS CASE. MR. MASSARELLI STATED HE WILL LAY OUT THE FINDING OF FACTS ON THE NiNE CRITERIA THEN THE BOARD WILL APPROVE OR DENY THE REQUEST FOR A VARIANCE. ANY BOARD MEMBER CAN COME INTO SEE MR. MASSARELLI. THE BOARD MEMBERS SHOULD NOT TALK BETWEEN THEMSELVES CONCERNING ANY PENDING CASES. MEMBER' MATTERS: MR. BECKWITH ASKED IF THE CITY COULD NOTIFY THE IMMEDIATE ADJACENT PROPERTIES WITH A RETURN RECEIPT REQUESTED SO IT WOULD MAKE SURE THAT WE GOT THROUGH TO THE PROPERTY OWNERS THAT ARE MOST CONCERNED WITH THE VARIANCE REQUESTED. MR. MASSARELLI WILL CHECK WITH THE CITY ATTORNEY ABOUT SENDING CERTIFIED MAIL TO JUST ADJACENT PROPERTY OWNERS. MR. MASSARELLI STATED IT MIGHT BE BETTER TO SEND A NOTIFICATION TO ALL SURROUNDING PROPERTY OWNERS WITHIN 200 FEET BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, SO NO ONE IS OVERLOOKED. STAFF MATTERS: MR. MASSARELLI STATED WE HAVE THREE PENDING CASES TO GO BEFORE THE BOARD AT THE NOVEMBER 5TH MEETING. THE LEGAL NOTICES GO OUT TWO WEEKS BEFORE SO THE STAFF REPORT WILL BE AVAILABLE AT THAT TIME. ADJOURN: MEETING ADJOURNED AT 8:30 P.M. BOARD OF ~D3US~EN~ ADJVI.DOC