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: