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2019.10.10_PB_Minutes_RegularPlanning Board Regular Meeting Minutes October 10, 2019 Page 3 of 7 reviewed the proposed site plan and building elevations and found the proposed site plan complied with Highland Beach Code of Ordinances for zoning compliance; Staff recommended approval of the site plan with the condition the agreement with the Boca Cove development for the construction of the beach access easement was executed prior to building permit issuance. Member Mendelson noted Ms. McKinney answered two of her questions. She asked if the existing two buildings were condos. Town Planner McKinney responded in the affirmative; the two buildings each had six condo units which were all vacant. Member Mendelson asked if the proposed development would also be condominiums. Town Planner McKinney responded in the affirmative. Member Mendelson recommended a preliminary condo plan be set forth upon submission for the building permit. Town Planner McKinney stated she believed the applicant would be willing to submit the condo documents. Member DeMoss asked if this was a replica of 4521 South Ocean Boulevard and 4523 South Ocean Boulevard. Town Planner McKinney responded in the affirmative. Member DeMoss asked if there were any issues with 4521 or 4523. Town Planner McKinney responded in the negative. Member Goldenberg stated his only concern was regarding drainage onto A 1 A. He asked about the drainage requirements for this new development. Town Planner McKinney explained the developer would be required to provide drainage ditches per Town Code. Member Goldenberg asked if the Town Code had been updated to reflect stricter drainage requirements. Town Planner McKinney responded in the negative; this was not new code. She noted she was unsure if all construction in the past ten years had complied with current code. Member Boden encouraged maximum use of pervious materials in order to minimize drainage issues. Town Planner McKinney concurred. Vice Chairperson Kravit asked the applicant to approach the podium. The applicant, Gary Stofft with Randall Stofft Architects, stated this project was similar to a previous Randal Stofft Architects project developed a few lots to the south of this property. He indicated there would be three story living space with a garage below. He indicated the condos were only connected at the garage level, which permitted light and air shafts between condo units. He displayed and discussed the site plan. Vice Chairperson Kravit asked if there would be any equipment installed on the roof tops (AC units, etc.). Mr. Stofft responded in the negative. Vice Chairperson Kravit asked if any members of the public wished to comment. Mr. Marty Riesa stated he lived at 1027 Boca Cove Lane. He stated he represented the Boca Cove Property Homeowners Association, as Vice President of the Common Board. He indicated the community had a court recorded 10 -foot easement to the north of the proposed property line, which had been in existence since 1976. He indicated he had been in negotiations with the owner and developer to ensure Boca Cove maintained the easement. He reported part of the negotiations included the builder reducing the right-of-way from 10 feet to 6.8 feet. He noted the easement Planning Board Regular Meeting Minutes October 10, 2019 Pave 4 of 7 would be closed to use by residents for approximately eight months. He stated he received an agreement from the builder's attorney October 3, 2019 and had been diligently working through the concerns on both sides. He stated his HOA held an emergency Board Meeting October 8, 2019 to vote on the agreement. The Board accepted the agreement if the HOA's attorney approved. He noted the HOA's attorney had not yet given his approval or denial. He stated since the agreement had not yet been signed, he requested the Planning Board place a condition on approval that the Easement Agreement must be finalized and executed prior to a permit being issued. He indicated he expected to have a resolution with the attorney and the Board within one week. He stated he hoped this would be prior to demolition. Discussion ensued regarding the Easement Agreement, the length of construction, north wall (easement wall) construction being completed first, alternate beach access for Boca Cove residents located on the north side of 45 Ocean, and Boca Cove residents understanding the necessity of temporarily closing the Boca Cove beach access. Member Mendelson asked if the Boca Cove Easement Agreement condition was included with this Item. Town Planner McKinney responded in the affirmative; Staff recommended approval of the site plan with the condition the agreement with the Boca Cove development for the construction of the beach access easement was executed prior to building permit issuance. Vice Chairperson Kravit asked if the beach access could be constructed first and a covered walkway provided so residents of Boca Cove could use the beach, during construction. He stated he did not wish to see the beach access closed for 8 to 9 months. Mr. Darren Donnelly (ph) stated he was with the builder. He explained the closing of the easement was due to safety concerns. He noted trucks, vehicles, cranes, etc., would be in this area daily until construction was completed. He stated currently the easement was very steep and as a part of the Agreement, the builder would improve the easement and make it new and easier to traverse. He noted Boca Cove was in agreement with the closing of the easement. He stated the safety concerns were too prevalent to allow the easement to be open during construction. Vice Chairperson Kravit indicated if Boca Cove was in agreement with this arrangement he was in agreement as well. Member DeMoss noted a secondary beach access was only 100 yards away from this location and was readily available to the Boca Cove residents, during this time. Member Mendelson asked about the condo documents. Mr. Donnelly responded the condo documents would be similar to what was done at 4521 and 4523 South Ocean Boulevard. He stated it would be difficult to have the condo documents completed within the next three weeks. He noted a condition could be placed on the permit that the developer could not C/O the property until the condo documents were filed with the State. He noted the property could not be sold until the condo documents were submitted. Member Mendelson commented the timeline was: Issuance of site plan approval, demolition, followed by building permit approval conditional upon the Easement Access Agreement, followed by DEP. Mr. Donnelly concurred and noted the cutoff date for DEP was November 6, 2019; therefore, he believed in two to three weeks the above steps should be completed. Member Mendelson asked about including a condition requiring the construction of condos in the site plan approval. Mr. Donnelly indicated this should not be a problem.