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2013.05.08_PB_Minutes_Regular • '• m �,� TOWN OF HIGHLAND BEACH %'''• ro ' s ' MINUTES OF THE ► 'y'` .. •'* = PLANNING BOARD REGULAR MEETING Wednesday, May 08, 2013 9:30 AM Members Present: Chair Carol Stern; Vice Chair Ilyne Mendelson; Board Member Ronald Clark; Board Member Stephen Golding; Board Member Harvey Mart and Board Member William Svenstrup. Member Absent: Board Member Ronald Rajsky (excused). Also Attending: Town Attorney Barbara Alterman; Building Official Michael Desorcy; Deputy Town Clerk Valerie Oakes and members of the public. CALL TO ORDER Chair Stern called the Regular Meeting to order at 9:30 AM in the Commission Chambers. Roll call was taken by Deputy Town Clerk Oakes followed by the Pledge of Allegiance. • ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Chair Stern asked for any additions or deletions to the agenda, hearing none, called for a motion to accept the agenda as presented. MOTION: Member Golding moved to accept the agenda as presented. Member Svenstrun seconded the motion, which passed unanimously. PUBLIC COMMENTS AND REOUESTS No public comments and /or requests. PRESENTATIONS No presentations. APPROVAL OF MINUTES • April 10, 2013 — Regular Meeting Chair Stern called for a motion to approve the minutes of April 10, 2013, Regular Meeting. Planning Board Regular Meeting Minutes Wednesday, May 08, 2013 Page 2 of 8 MOTION: Member Golding moved to approve the minutes of the April 10, 2013, • Regular Meeting as presented. Member Clark seconded the motion, which passed unanimously. OLD BUSNESS: No old business. NEW BUSINESS A) Application #29724 — 2395 South Ocean Blvd.; Krishna & Sumentra Persaud CONSIDERATION OF APPROVAL FOR THE CONSTRUCTION OF A MAJOR MODIFICATION OF AN ADDITIONAL 2,521 SQ. FT. SUBTERRANEAN PARKING GARAGE AND ABOVE GRADE AUTO PLAZA. APPLICANT: Robelen & Associates, Inc. Chair Stern read the application description into the record. Staff Presentation: Building Official Desorcy presented the application to the Planning Board and explained that the house is currently under construction. The plans comply with the Town's setback zoning requirements and meet all aspects of the technical code; therefore, the Building Department has no objection to the construction of this . proj ect. Member SvenstnM — One concern is the height of the garage. I understand that the clearance from the floor to the top is less than eight feet, and to the bottom of the tee to the beams is a little less than seven feet. Are there any problems with the height or volume? Building Official — The code requires seven feet of clear head space from the finished floor, so the height of the interior garage is not a problem. Member Svenstrup — Second concern is the generator. The generator will be enclosed in the same parking facility and separated by a door. Building Official — It is part of the structure but it will be separated from the garage. Member Svenstrun — It will be separated by a door as opposed to a solid wall. Building Official — That is not a problem as long as there is adequate ventilation and carbon monoxide sensors installed in the garage. Member SvensInM — Third concern is the type of garage door. Looking at the plans it looks like a rollup garage door; is it going to be able to be installed with the limited head room? Building Official — Yes. Member Clark — Is the top of the garage covered with dirt? What is the plan for this? Building Official — It appears to be an extension of the parking area up above the subterranean garage. It is called an auto plaza/ auto court. I assume that they will use • it for additional parking, but I am not 100% sure. Member Clark — If that is the case, Planning Board Regular Meeting Minutes Wednesday, May 08, 2013 Page 3 of 8 • is there an engineering report that states it will support the weight for the maximum amount of cars? Building Official — I will review that when the engineering calculations are provided. Member Clark — Without the addition of this new garage, how much parking space is available? Building Official — There are already three two -car parking garages. The exterior of the house could fit several vehicles on the driveway because it is very long. Member Mart — In a single - family home, how many cars are allowed on the property? Building Official — There is a minimum requirement; no maximum regulation. Chair Stern — I understand that there is a water table of four (4) feet; can you please explain that to the Board. Building Official — The national requirement is seven feet, which is the benchmark for construction. The water table is below that. The floor of the garage is to be constructed at eight (8) feet, which is a foot higher than the minimum requirement. Petitioner Presentation: Robert Hanna, Robelen Luxury Homes — We are intending to submit an amended landscape plan that would address the court/plaza and the intent is not to make it a parking lot. They might have some events, but there will be trees and potted plants. Mr. and Mrs. Persaud have an above ground garage, but they have a handicapped daughter so they are dedicating the closest garage for that purpose. The gentleman owns a couple of cars and plans to buy a couple more once he moves into the house. The purpose of the garage is to house his personal cars. As Mr. Desorcy mentioned, there is a long driveway but it is on an incline, so I doubt anyone would want to park there. As for the generator, Mr. Persaud did not want it above ground but it will be addressed with the proper mechanical drawings with a ventilation system, damper system, and engineered. That will be submitted to the Building Official with carbon detectors. Member Clark — So for sure, the top of the garage will be a parking area. Mr. Hanna — It is labeled as an auto plaza because it can support the weight, and designed by a pre -cast company. The owners are concerned with it looking like a bare parking lot; that is not the intent. We really want to address it so it does not look like a parking lot. In fact, we are looking at implementing a system of pavers with grass in between to make it very attractive. Member Clark — Is there a code that prohibits the commercial use of garage parking or storage, and renting out space? Building Official — This is single - family residence and in this zoning district, public parking or a commercial parking lot is not a permitted use. Vice Chair Mendelson — These are not commercial events? Mr. Hanna — There would not be commercial events; it could be a cocktail party, holiday party and/or • family events. We are working to make this an intimate space, not a parking lot. Planning Board Regular Meeting Minutes Wednesday, May 08, 2013 Page 4 of 8 MOTION: Member Svenstrup moved to approve the site plan major modification . application for 2395 South Ocean Blvd. as submitted. Member Golding seconded the motion. Board Discussion: Member Mart — The concern is the visual appearance from the road. Perhaps we should see a landscape plan eventually. Building Official — That is up to the Board; however, the Board's role is to review the site plan and that the setbacks comply. Member Clark — I'm satisfied. Chair Stern — I agree. ROLL CALL: Member Svenstrup — Yes Member Golding — Yes Member Mart — Yes Member Clark — Yes Vice Chair Mendelson — Yes Chair Stern — Yes Motion carried 6/0. B) Application #29739 — 4521 South Ocean Blvd.; Sea Frolic, LLC CONSIDERATION OF APPROVAL FOR THE CONSTRUCTION OF (TWO) ATTACHED, 3 STORY, SINGLE- FAMILY DWELLINGS, EACH WITH APPROXIMATELY 11,007 TOTAL SQ. FT. FLOOR AREA AND APPROXIMATELY 7,131 SQ. FT. OF THAT TOTAL UNDER A/C. APPLICANT: Seadar Builders, Inc. Chair Stern read the application description into the record. Staff Presentation: Building Official Desorcy presented the application to the Planning Board, which complies with the code and noted that the attachment is below grade. Member Clark — What is this zoned as? Building Official — This is one lot with two dwelling units. This lot will not be sub - divided; it is not fee simple; it will be set up as an association. There will be two separate addresses like two large townhouses. Member Clark — Explain the requirements of the below ground attachment being perpendicular with the sea. Building Official — Properties constructed on the ocean are required to have break - structural integrity. It could be a sheer wall. Vice Chair Mendelson — If it is a condominium, then a declaration could be filed. If it is not a condominium, but a homeowner's association, then people are titled to their real estate and they are in the association for the common areas. What type of title do • they get? If it were a condominium, would that be allowed on this property? Planning Board Regular Meeting Minutes Wednesday, May 08, 2013 Paae 5 of 8 . Building Official — This is zoned as multifamily low density, and the density would allow for four (4) units. Petitioner Presentation: Darrin Dunlea, Seadar Builders — According to Highland Beach's definition, it is a single - family attached, but it will have an association. Vice Chair Mendelson — If it were a homeowner's association, what kind of title would the owner receive? Mr. Dunlea — It would be considered a condominium association. Town Attorney Alterman — If it is a condominium association, then it will have to be declared as a condominium under the statues. If it is a homeowner's association, they will need to file the homeowner's documents under the statues. Chair Stern — Do you have any buyers or is it up for spec? Mr. Dunlea — It is up for spec, but the developer may move into one of the units as he currently lives in Highland Beach and his home is for sale. Town Attorney Alterman — The application to the Department of Environmental Protection (DEP) states that they are building seaward to the coastal construction line. Building Official — A portion of the building is going to be constructed seaward of the • coastal construction line. I sent a "no objection" letter to the DEP a few weeks ago, so we are waiting on a response. They will need a permit. Town Attorney Alterman — Are there requirements on the structure(s) that they can build seaward of the coastal construction line? Building Official — That is determined when the engineer and architect provide the structural design, which is also reviewed by the DEP. Town Attorney Alterman — If there are changes required, will that be provided to you for review? Building Official — Correct. Vice Chair Mendelson — If they did not do this as a condominium or a homeowner's association, but rather as one property and lease out the other property such as an apartment building, would that be allowed too? Building Official — Apartment buildings are not a permitted use in that zoning district; neither is a timeshare, motel, or hotel. Chair Stern — He could sell these two houses and rent them out. Building Official — There are a lot of rentals in Highland Beach such as houses and condominiums. Vice Chair Mendelson — I would like them to come back and state how they are going to do the title documents. • Planning Board Regular Meeting Minutes Wednesday, May 08, 2013 Page 6 of 8 Town Attorney Alterman — Do they have to submit their condominium or • homeowner's documents to the Town for review prior to filing them? Building Official — That is correct. Town Attorney Alterman — They would have to be submitted and reviewed. They may not come back before the Board, but perhaps when the paperwork is submitted an update could be provided to the Board. Building Official — When I receive the paperwork, I can defer to the Town Attorney for review. Vice Chair Mendelson — The developer's attorney should contact the Town attorney to discuss how the ownership will be established. Member Golding — My suggestion is to table this item until the special meeting on May 20, 2013, which will allow time for the attorneys to discuss. MOTION: Member Mart moved to table this item until the Planning Board Special Meeting on May 20, 2013. Vice Chair Mendelson seconded the motion, which passed unanimously. C) Application #29739 — 4521 South Ocean Blvd.; Sea Frolic, LLC CONSIDERATION OF APPROVAL FOR A TEMPORARY CONSTRUCTION SIGN. APPLICANT: Seadar Builders, Inc. • Chair Stern read the application description into the record. Building Official Desorcy presented the application to the Planning Board. Chair Stern announced that this application coincides with the application for agenda item 713; therefore, should be tabled as well. MOTION: Member Golding moved to table this item until the Planning Board Special Meeting on May 20, 2013. Vice Chair Mendelson seconded the motion, which passed unanimously. PUBLIC COMMENT (not pertaining to item 7C): Richard Ozelie, 1028 Bel Air Drive Unit 2 — I have lived here for 25 years. I have an issue that is of pressing concern to myself personally and the other homeowners of Highland Beach Isles. This is regarding our deeded beach access and an imminent restriction and impediment to that access, if a permit is issued by the Building Department. The application is at the request of Ocean Place Estates to build a concrete, frangible wall east of the coastal construction line (CCL). I was told that this permit would be issued without the review and approval of the Planning Board. This wall would create an extremely hazardous situation for us as we walk to our beach. This easement is north of Ambassadors South. I have been in active communications with the DEP, and • we are still communicating via email, et cetera on the legality, the purpose, and whether it Planning Board Regular Meeting Minutes Wednesday, May 08, 2013 Page 7 of 8 • is in compliance with the State and Highland Beach. From my conversation with Michael Desorcy, this is about to be approved. Building Official — The permit is in plan review. I am expecting construction documents to be delivered today. This is a concrete fence /wall. The DEP has issued a permit to construct. This is not for the Planning Board's review. Chair Stern — Is this for the Town Commission's review? Building Official — No, only the building department. Chair Stern — Where would he go? Building Official — I defer to the Town Attorney. If all of the construction documents are complete, I am going to issue a permit. Vice Chair Mendelson — Are you a party of the easement that is being affected? Mr. Ozelie — I am a homeowner and I have deeded access to this easement. The easement is approximately seven feet wide. We have an attorney. The DEP is reviewing if the permit that was issued in the aftermath of Hurricane Sandy was appropriately issued. This has not been an open discourse. Vice Chair Mendelson — The Building Official has to issue a permit because it does not go against our code; only a court could stop the permit from being issued. • Chair Stern — This is a civil issue and it not for the Planning Board to review or discuss. Building Official — This is a wall /fence that would be built on private property. The property owner of 11 Ocean Place, Mr. Mennella, is building the wall on his property to keep trespassers off of his property. The access to the beach is being abused as people are cutting across his property; they are trampling down his plants and destroying the sand that was placed post Hurricane Sandy. Chair Stern — Is this before the steps were installed? Building Official — Yes, however, the steps are not being used and his concern is trespassing and liability. The DEP required the wall to be frangible. Chair Stern — This is not for the Board's review. Town Attorney Alterman — This sounds like a civil issue. ADJOURNMENT There being no further business, Chair Stern called for a motion to adjourn the meeting at 10:32 a.m. MOTION: Vice Chair Mendelson moved to adjourn the meeting at 10:32 a.m. Member Golding seconded the motion, which passed unanimously. • Planning Board Regular Meeting Minutes Wednesday, May 08 2013 Page 8 of 8 APPROVED: • Carol Stern, Chair Ilyne Mendelson, Vice Cha' Ronald Clark, Board ember St of Board Member r � Absent' H y Mart, Board Member Ronald Raj sky, Board NfembeA William Svenstrup, Board mber TOWN SEAL ATTESTED: Valerie Oakes, CMC, Deputy Town Clerk Date: (� •