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2013.07.10_PB_Minutes_Regular i O�••�, s A � ' 111 m'• m y TOWN OF HIGHLAND BEACH y'' • ' =s MINUTES OF THE 11 1 ' '` •'• . • '• * = PLANNING BOARD 1 � a f o�_= REGULAR MEETING Wednesday, July 10, 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; Board Member Ronald Rajsky and Board Member William Svenstrup. Also Attending: Vice Mayor Ron Brown; Commissioner Dennis Sheridan; Commissioner Louis Stern; Town Attorney Glen Torcivia; 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 • May 8, 2013 — Regular Meeting Chair Stern called for a motion to approve the minutes of May 8, 2013, Regular Meeting. • Planning Board Regular Meeting Minutes Wednesday, July 10, 2013 Page 2 of 5 MOTION: Member Clark moved to approve the minutes of the May 8, 2013, Regular • Meeting as presented. Member Golding seconded the motion, which passed unanimously. • May 20, 2013 — Special Meeting Chair Stern called for a motion to approve the minutes of May 20, 2013, Special Meeting. MOTION: Member Raj sky moved to approve the minutes of the May 20, 2013, Special Meeting as presented. Member Clark seconded the motion, which passed unanimously. OLD BUSNESS: No old business. NEW BUSINESS A) Application #29972 — 3715 South Ocean Blvd.; David and Megan Willens CONSIDERATION OF SITE PLAN APPROVAL TO CONSTRUCT A THREE - STORY SINGLE - FAMILY RESIDENCE; TOTAL FLOOR AREA APPROX. 14,734 SQ. FT. WITH APPROX. 11,248 SQ. FT. UNDER A/C. ARCHITECT: Tom Benedict 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 plans comply with the Town's setback zoning requirements; however, the roof exceeds the maximum building height limit of 35 feet as it has an architectural feature that is four feet higher than allowable by code. The feature is a wall that does not have a top, which is for the stairwell for roof access. This wall would be more of a windbreaker and an aesthetic feature to conceal the rooftop access. The building department's recommendation would be to approve the site plan subject to the architectural feature being lowered by four feet to meet code. Mr. Willens has the option to petition for a variance to the Board of Adjustment & Appeals to build the wall exceeding the height limit. Member Raj sky questioned the purpose of the roof access. Building Official Desorcy responded that it is for equipment, maintenance and observation. Member Raj sky asked if there were safety requirements for the height of the wall. Building Official Desorcy answered that a parapet wall could be four feet high. Member Svenstruy also questioned if there were any plans for the roof to have fencing or boarding. Building Official Desorcy explained that the code does not require a parapet wall around the perimeter of the roof unless there is mechanical • equipment located within ten feet of the edge of the roof. Planning Board Regular Meeting Minutes Wednesday, July 10, 2013 Page 3 of 5 • Petitioner Presentation: Tom Benedict, Architect explained that the wall is an aesthetic consideration. The property owner, Mr. Willens, has been advised that the structural design must be lowered by four feet to meet code. However, Mr. Willens has been consistent with his desire to keep the wall as shown in the plans. From an aesthetics perspective, I would agree with the property owner. The wall has been designed to meet the four foot criteria. My goal would be to have the plan approved subject to the wall meeting the code requirements. There are several pieces of equipment on the roof, which have an enclosure. Chair Stern clarified for the record that the petition for a variance would be presented to the Board of Adjustment & Appeals to request to keep the wall at the height reflected on the plans. MOTION: Vice Chair Mendelson moved to approve the site plan subject to the architectural wall being lowered by four feet to meet code. Member Golding seconded the motion. Board Discussion: Chair Stern inquired if the current property would be demolished. Building Official Desorcy confirmed that the property would be demolished, which would be applied for under a separate permit. • ROLL CALL: Vice Chair Mendelson — Yes Member Golding — Yes Member Mart — Yes Member Raj sky — Yes Member Svenstrup — Yes Member Clark — Yes Chair Stern — Yes Motion carried 7/0. B) Application #29998 — 4230 Intracoastal Drive; JMW Florida Properties, LLC. CONSIDERATION OF SITE PLAN APPROVAL TO CONSTRUCT A TWO - STORY SINGLE - FAMILY RESIDENCE; TOTAL FLOOR AREA APPRXIMATELY 9,513 SQ. FT. WITH APPROXIMATELY 7,775 SQ. FT. UNDER A/C. APPLICANT: Albanese Home Builder, Inc. Chair Stern read the application description into the record. • Staff Presentation: Planning Board Regular Meeting Minutes Wednesday, July 10, 2013 Page 4 of 5 Building Official Desorcy presented the application to the Planning Board, which complies with the code and noted that the pool deck will be incorporated into the construction of the dock. The code requires that the developer submit an affidavit from his design professional stating that the alternate setback does not affect or impact the properties between the dock and the deck. The setback on the rear property line is five feet. The developer is tying the deck and the dock together, and there is a letter on file from the architect stating that it would not affect the slope and the drainage of the property and it will not impact the neighbors of the adjacent properties. Member Rajsky asked if the neighboring property is currently owned by this builder. Building Official Desorcy clarified that the builder owns one neighboring property. Since the property abuts the Intracoastal Waterway, it does not affect the rear property. Member SvenstW questioned if the Board was also approving the installation of the dock on the Intracoastal Waterway. Building Official Desorcy replied that the Board is not approving the dock; the Army Corps of Engineers, Department of Environmental Protection, and the Natural Fisheries need to approve the plans prior to filing for an application for permit. Vice Chair Mendelson inquired if an agency denies the dock plans, how would that affect this application from moving forward. Building Official Desorcy replied that • the applicant would need to comply with the code. Petitioner Presentation: Steve Albanese, Albanese Home Builders, Inc. explained that the affidavit specifically addresses the pool deck regardless of the construction of the dock. Building Official Desorcy added that the design professional's affidavit specifies that the alternate setback will not affect the adjacent properties, slope, and gradient. Member Raj sky inquired about the dock setbacks. Building Official Desorcy replied that the dock is in compliance with the 25 foot setback. The deck side setback is four feet and the rear is five feet abutting a public body of water. There is an alternate setback subject to a design professional's affidavit. MOTION: Member Mart moved to approve the site plan as presented including the alternative setback subject to the design professional's affidavit. Member Clark seconded the motion. ROLL CALL: Member Mart — Yes Member Clark — Yes Member Raj sky — Yes Member Svenstrup — Yes • Member Golding — Yes Planning Board Regular Meeting Minutes Wednesday, July 10, 2013 Page 5 of 5 • Vice Chair Mendelson — Yes Chair Stern — Yes Motion carried 7/0. ADJOURNMENT There being no further business, Chair Stern called for a motion to adjourn the meeting at 9:53 a.m. MOTION: Vice Chair Mendelson moved to adjourn the meeting at 9:53 a.m. Member R j skX seconded the motion, which passed unanimously. APPROVED: Carol Stern, Chair n, Vice Chaif'' • Ronald Clark, Board Member Stephen 1 ` ", Bo d Member 7 Aary 716ft, Board Member Ronald Raj sky, Board Memb iam Svenstrup, Board Me ter TOWN SEAL ATTESTED: Valerie O. es, CMC, Deputy Town Clerk Date: