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2009.06.23_PB_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF THE PLANNING BOARD REGULAR MEETING & PUBLIC HEARING Tuesday, June 23, 2009 9:00 A.M. Members Present: Chair Louis P. Stern, Board Member Marie Marchesani, Board Member Patricia A. Pembroke, Board Member Dennis Sheridan, and Board Member Joseph Yucht. Members Absent: Board Member Max Angel (excused) and Board Member Paul Resnick (excused). Also Attending: Town Attorney George "Rusty" Roberts, Town Manager Dale Sugerman, Building Official Geoffrey Vanore, Deputy Town Clerk Valerie E. Oakes, and members of the general public. CALL TO ORDER: Chairman Stern called the Regular Meeting to order at 9:05 AM. Roll call was taken by Deputy Town Clerk Oakes. The Pledge of Allegiance followed. INSPECTION: The Planning Board took a 30 minute recess to inspect the property of Byrd Beach Estates at 2637 S. Ocean Boulevard. RECONVENE MEETING The meeting reconvened at 9:45 AM. Roll Call: Present: Chair Louis P. Stern, Board Member Marie Marchesani, Board Member Patricia A. Pembroke, Board Member Dennis Sheridan, and Board Member Joseph Yucht. Absent: Board Member Max Angel (excused) and Board Member Paul Resnick (excused). ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: MOTION: Board Member Sheridan moved to accept the agenda as presented. Board Member Pembroke seconded the motion, which passed unanimously. :7 Planning Board Regular Meeting 06/23/09 Page 1 of 20 • ELECTION OF OFFICER: MOTION: Board Member Sheridan moved to the Planning Board. Board Member Pei unanimously. to elect Joseph S. Yucht as Vice Chairman ibroke seconded the motion, which passed PUBLIC COMMENTS AND REQUESTS: Elizabeth Susskind (2629 S. Ocean Blvd.) - Has lived in a construction site for 13 years. How has this happened? In 2006, Mr. Stoltz applied for another permit, and they found code discrepancies. There were issues with the Fire Department. There are three-story homes with impact glass windows, and the Fire Department needs special cutting glass equipment but need their ladder trucks; this is a question of safety for all of us. The Town should take responsibility for the safety of the residents. The Town is here to protect the residents, and that is why we pay our taxes. The corner that he promised to shave off for the emergency truck was never shaved off. Chairman Stern -The Planning Board has an application to consider for approval, rejection, or approval with conditions, and the board will consider the safety issue. Elizabeth Susskind (2629 S. Ocean Blvd. -Attorney Roberts what is the correct zoning in this area? S Chairman Stern -Today you will find out what the zoning is. Elizabeth Susskind (2629 S. Ocean Blvd. -Would like to reserve the right to make comments after the presentations. Chairman Stern -Absolutely. APPROVAL OF MINUTES: MOTION: Board Member Marchesani moved to approve the minutes of March 6, 2009, special meeting and April 8, 2009, workshop meeting. Board Member Pembroke seconded the motion, which passed unanimously. AGENDA CASES: Town Attorney George "Rusty" Roberts stated that this is the commencement of the public hearing for the application for consideration of approval of a site plan for lots 20 & 21 of Byrd Beach Estates located at 2637 S. Ocean Boulevard. The application was submitted April of 2006. It was approved by the building department as meeting the Highland Beach zoning requirements on 4/10/06. This application has been before the board, and this meeting is a continuation from the other meetings hearings. • Planning Boazd Regulaz Meeting 06/23/09 Page 2 of 20 z • a. Swearing in of Staff and Applicants Deputy Town Clerk Oakes swore in all those who would testify. Town Attornev Roberts -Explained that this is a quasi judicial proceeding, and if anyone has had any ex-parte contacts with respect to the matter, they need to be presented now. Chairman Stern -Neither himself nor did any other planning board member have conversations with the applicant. Board Member Sheridan -Disclosed that he asked the applicant where the building line extended to on the west side of the property. Town Attornev Roberts -Explained the procedures for the quasi judicial hearing. b. Additions/Deletions/Reordering None. c. Withdrawal/Postponements None. • d. Consent None. e. Public Hearing 1.2637 S. Ocean Blvd.; Byrd Beach Estates The consideration for the construction of a new single-family house on lots 20 & 21 (developer lots 6 & 3). The board entertained the testimony of Lieutenant James H. Tabeek of Delray Beach Fire Rescue Department on behalf of Chief Tomaszewski. Lieutenant James H. Tabeek -Has been out on the site, and there are concerns with the radius of their vehicles. There were some recommendations presented by the Chief to upgrade the front entrance way and the exit on the north side of the property line which has not changed. Everything is the same except none of the work was completed. Chairman Stern - If the rear entrance and exit is there, is truck no. six accessible to all of the homes? • Lt. Tabeek -Yes. If they make the upgrades that were recommended by the Chief, it would not bring it up to today's code; however, the chief would accept the exits being Planning Board Regular Meeting 06/23/09 Page 3 of 20 upgraded. They can get an engine and a rescue truck in there but not truck no. six. The Chief would accept the completion of the radius on the northeast corner and a straight shot to A 1 A on the north side. Chairman Stern -Can they pull in forward (not back in) make the radius and come back out to A 1 A? Lt. Tabeek - If there are two straight shots, they can possibly get the truck up there to a certain distance. Cannot make a determination until the actual plans are seen. Chairman Stern -Can the truck that says ER access a home? Lt. Tabeek -The engine can get up there now; however, the truck has difficulty making the turns. Board Member Marchesani -What about the impacting glass and the cutters? Lt. Tabeek - We have the equipment and ground ladders, but there is definitely a delay. Chairman Stern -How would you access the gates? Lt. Tabeek - We have a Knox lock box system in control. Board Member Sheridan -What is the highest point of a ladder on these homes? Does it extend up to the roof of the third floor? Lt. Tabeek -Trucks no. six carries the largest ladder, which would be staged on AlA, and the highest ground ladder is 45 feet. Chairman Stern -Are there any other similar problems in communities in Highland Beach? Lt. Tabeek -The high rises are not accessible. Vice Chair Yucht -How much additional land would have to be added to the radius on the northeast corner in order for truck no. six to make it around the complex? Lt. Tabeek -Cannot answer. Vice Chair Yucht - Is it feasible to have ladders onsite that would help the fire department reach the top floor of the complex? Lt. Tabeek - Do not believe that the fire department can require that. • Vice Chair Yucht -How long does it take to open the gate with the Knox lock box? Planning Board Regular Meeting 06/23/09 Page 4 of 20 • Lt. Tabeek -Immediately. Vice Chair Yucht - Is it your opinion that all of the equipment (except truck no. six) can provide access to all of the roofs on all of the buildings in the community? Lt. Tabeek -Cannot answer that because every situation is different. Vice Chair Yucht -Are you saying that you do not know if it is possible to reach the maximum elevations by ground level ladders? Lt. Tabeek -Depends on the situation. Vice Chair Yucht -Does truck no. six have a hose outlet on top of the truck? Lt. Tabeek -Yes. Vice Chair Yucht -That will reach the top of any of these homes, am I correct? Lt. Tabeek -Yes, depending on the position. Vice Chair Yucht -The ideal situation would be to have a straight run entrance by straightening out the entrance way plus increasing the radius of the northeast curve, am I correct? Lt. Tabeek -Yes. Board Member Pembroke - If the developer submitted the plan today, would the plan meet the current requirements and code for safety unequivocally and without exceptions? Lt. Tabeek - No. Chairman Stern - A small problem is that we are working with the codes from 1995 instead of the new code. The application from 1995 was approved and signed off by the former building official. Attorney Jason Mankoff - (Michael Weiner & Associates for the applicant) Entered into the record a copy of the signed off radius plan signed by Fire Marshall John Tomaszewski on October 3, 2006. The plan shows the proposed Fire Department turning radius lines, which essentially this portion highlighted in yellow would be additional pavers that would allow for a better turn in radius. Mr. Tabeek have you seen this proposed fire department turn in radius sign off previously? Lt. Tabeek -Yes. J Planning Board Regular Meeting 06/23/09 Page 5 of 20 • Attorney J. Mankoff - Is it your testimony that if this proposed radius line was implemented as shown on this drawing it would show at least the pumper truck and the rescue truck turning radius going around this turn? Lt. Tabeek -Yes. Attorney J. Mankoff - My understanding from prior testimony is that even with this improved radius the ladder truck would not be able to make this turn, is that correct? Lt. Tabeek -Yes. Attorney J. Mankoff -Currently there is an existing southern entrance where we have agreed to eliminating the curving, which is something the fire department would like to see, correct? Lt. Tabeek -Yes, upgrade the south side entranceway. Attorney J. Mankoff - If we did that and added a northern entryway, is it your belief that the ladder truck would be able to come up either the southern or the northern way and reach all of the homes? Lt. Tabeek - I think that was agreed upon by Chief Tomaszewski. This would not get to • all of the homes but it would give better access to the property. Attorney J. Mankoff - A copy of the letter dated October 17, 2006 from Lt. Tabeek to former Chairman Leonard Townsend was entered into evidence. (Mr. Mankoff read a summery of the letter into the record.) Is it your testimony that the addition of this home does not change or hinder the existing or future service to the rest of the homes because of building a home on this lot (not including the improvements that may be made)? Lt. Tabeek -Cannot answer that without seeing a plan. Attorney J. Mankoff -There is testimony from Chief Tomaszewski that the addition of this home does not change or hinder the existing or future service to the existing homes. Would it be your testimony that what we are doing today, which would be adding a radius, adding a northern egress entry/exit and removal of the curbing on the south side would improve the situation? Lt. Tabeek -Yes it would. Attorney J. Mankoff - Is it generally correct that ladder trucks do not generally service single-family homes? • Planning Board Regular Meeting 06/23/09 Page 6 of 20 • Lt. Tabeek -All of the equipment is set-up to serve any resident. There is certain equipment where it would be useful to have a ladder truck to get into asingle-family home. Attorney J. Mankoff -The homeowners today could choose to go ahead and have their homes sprinkled, correct? Lt. Tabeek -That is correct. Attorne~J. Mankoff -You testified on August 9, 2006, that too many properties in Highland Beach were not designed for the ladder truck. We are concerned with the main engine, which is the pumper. Is that testimony still accurate today? Lt. Tabeek -That was one of the chairperson's questions that I had answer. Attorney J. Mankoff - On that same date the former chairperson asked, "As currently constructed the pumper truck and the emergency vehicle can get into this complex and get out". Your response, "The rescue truck can and the engine can but it is very difficult because of the landscape." The chairperson said, "If the developer makes the change that you have requested then it is your belief and your departments belief that the pumper truck and the emergency service vehicle will have full access in and out of the complex." Your response, "That is correct." Is that still the case today? • Lt. Tabeek -Yes. Elizabeth Susskind (2629 S. Ocean Blvd.) - If something goes wrong, what is the procedure, and what truck goes out first? Lt. Tabeek -Depends on the call and the type of emergency. Elizabeth Susskind (2629 S. Ocean Blvd.) -Was it your testimony that there was a 35 ft. ladder on a pumper truck? Lt. Tabeek -There are ground ladders. Elizabeth Susskind (2629 S. Ocean Blvd.) -Where is the pumper truck(s) located? Lt. Tabeek - An engine is located on Andrews and Atlantic. Elizabeth Susskind (2629 S. Ocean Blvd.) -Would that be the first response vehicle? Lt. Tabeek - The first response vehicle to this location would be from Linton, engine no. three. Elizabeth Susskind (2629 S. Ocean Blvd.) -Would the first truck to get to us be the . ladder truck here in Highland Beach? Planning Board Regulaz Meeting 06/23/09 Page 7 of 20 • Lt. Tabeek -Correct and they have a full compliment of ground ladders. Elizabeth Susskind (2629 S. Ocean Blvd. -What would be the angle for a ground ladder to get up to a 35 ft. high roof? Lt. Tabeek -You would have to be away no more than 5 ft. Elizabeth Susskind (2629 S. Ocean Blvd. - Is it possible to get a ground ladder between the homes? Lt. Tabeek -Needs to be evaluated. Elizabeth Susskind (2629 S. Ocean Blvd ~ - Is the fire equipment needed to get into impact glass windows located in Highland Beach? Lt. Tabeek - It is located on all of the vehicles. Elizabeth Susskind (2629 S. Ocean Blvd. -Noted for the record that she built her home and had she known of the safety issues regarding fire truck access she would have sprinkled her home but at the time it was not mandatory. • Vice Chair Yucht - The Police Department responds as well, correct? Lt. Tabeek -Yes. Vice Chair Yucht -What is the protocol with regard to police and fire vehicles that had to enter Byrd Beach Estates? Would the police department have to wait outside until all of the fire equipment got in if the police got there before the fire trucks? Lt. Tabeek - It depends we usually get their simultaneously. Vice Chair Yucht - It is conceivable that the police responding could impede the fire equipment, am I correct? Lt. Tabeek - It is possible. Brandon Caldwell (2635 S. Ocean Blvd -You mentioned that not all homes are accessible in the community for truck no. six. I live in the east corner of the beach and the bedrooms are in the back of the home. Would there be a delay getting to my sons bedrooms and the master bedroom if you cannot reach with the ground ladders? Lt. Tabeek -There can always be a delay that is why we are trying to make the best of a situation that we inherited. Planning Board Regular Meeting 06/23/09 Page 8 of 20 • Brandon Caldwell -The situation inherited goes back to 1996 when the Fire Chief wrote to Highland Beach recognizing problems with safety access and that no permits should have been issued until the problem was taken care of to alleviate problems. Are you aware of that? Lt. Tabeek - Yes, I am aware of that but back then the fire department was not code enforcement and the codes were not followed which had to go through the building official, who at the time was the code enforcement officer. Brandon Caldwell -This would have been a negligence on the Town's part. Has the fire department requested that a Knox box be placed on the gates anytime from the beginning of development to today? Lt. Tabeek -Yes. Brandon Caldwell - Is there a Knox lock box on the gate now for the fire department? Lt. Tabeek - I would have to verify that. Brandon Caldwell - I would testify that there is not a Knox lock box. Would that create a delay into the community? • Lt. Tabeek - If the gate was closed, and we were unable to access the community. Brandon Caldwell -Would you think that any study today going forward would be necessary before anything else was permitted? Lt. Tabeek - We have never seen any plans, so the plans would need to be submitted for approval. At this point, the fire department and the building department would review the plans. Brandon Caldwell -Would this be to meet the current code or would/could this be retrofitted to the previous code? What would be the safest way? Lt. Tabeek -Cannot make that determination. Vice Chair Yucht -What improvements need to be made to this present condition? What would satisfy your concerns for Byrd Beach Estates? Brandon Caldwell - I personally do not have a problem with the construction of the home(s) as determined by the planning board that would meet site specific as it was approved then and meets the current code. The improvements that I would request are that my family is safe without delay to my house. It would be appropriate that all vehicles have access to my home from all sides. Planning Board Regular Meeting 06/23/09 Page 9 of 20 • Vice Chair Yucht -Would it make you feel safe if the builder put a straight access from AlA, installs the Knox lock box on the north and south entrance, and increases the radius? Brandon Caldwell - No. They cannot get to my house unless a study is done that adjustments can be made; then it will be fine. Vice Chair Yucht -How do you propose getting the truck between lots 4 and 5 closer to the homes? Brandon Caldwell -Park the truck in front of the two homes. If a ladder truck is parked in front of the two beach homes, can the ladder get between the two homes accessing either home? Lt. Tabeek -Needs to be evaulated. Attorney J. Mankoff -The applicant was not asked to place a Knox box but would be happy to do so. Elizabeth Susskind (2629 S. Ocean Blvd.) - If there is construction, how would that be organized by the fire department to keep the roads clear for the trucks? • Lt. Tabeek -That is something that the fire department, police department and building department would have to work together to make sure those roads are accessible. The Board entertained the testimony of Geoffrey Vanore, Building Official for the Town of Highland Beach. Geoffrey Vanore, Building Official for Highland Beach - We are reviewing a site plan development order from 2006. I have viewed the files, and I find discrepancies such as a no boundary survey. If the board chooses to pursue with the approval, my only enforcement would be to apply the current building codes to the new structure(s). If that is the case I ask that based on the preliminary records provided by the developer, changes will be needed architecturally for the distance between the existing structure and the new. The building code will require ratings and limited openings. Any change to the facade would require us to visit it as a new site plan review. If we go forward, the code will force us to go back. My recommendation would be to go back through the process. Chairman Stern -What classification are you putting on this development? G. Vanore, Building Official -Residential Multiple Family Medium Density (RMM), which allows for single-family homes or patio homes but they each have different requirements. . Chairman Stern - Is a bridge going to be required again or do they need another variance which has expired? Planning Board Regular Meeting 06/23/09 Page 10 of 20 • G. Vanore, Building Official - If it is going to be a patio home, there needs to be a connection. It does not have to be a bridge but a wall would be more of an obstacle. Chairman Stern -At this point, we will need another variance because it has expired, am I correct Mr. Roberts? Rustv Roberts -There could be a waiver of that because of the history of this application being made in April 2006 then being continued. From a minimal standpoint the code states that it expires 18 months after being granted if not built. G. Vanore, Building Official -There will be other needs for variances such as the setbacks. Patio homes have different setback pertaining to that zoning criteria. Chairman Stern -What justification are we working under? G. Vanore, Building Official - RMM which is what it was originally approved. Chairman Stern -Would the proposed application that we have now require different setbacks? G. Vanore, Building Official -That is correct. • Chairman Stern - 1995 or 2000 code? G. Vanore, Building Official - I am working with the current zoning code. Vice Chair Yucht -From what I have gather so far the safety concern can be reached by installing straight entrances north and south, installing a knox lock box on the gates, and increasing the radius of the curve. My question, in your opinion can we say that we may have to worry about the setbacks that this is a continuation of something from 2006 and no building permits have not been issued so the 18 months have not started to run but because of the problems created by all parties could you come up with a recommendation that the builder can meet and seems to satisfy the homeowners? G. Vanore, Building Official - No. Vice Chair Yucht -You are indicating that we cannot waive some of these prior requirements since this is a continuation of a 2006 application. G. Vanore, Building Official -The Highland Beach code will require the variance based on the classification of the structure to be built. My concerns are the closeness of the current structures will require them to possibly remove all of the openings from the adjacent walls closest to the existing residence. Under the code, it is considered a major • change architectural in nature requiring complete board approval. Maybe we can get back the setback and variance issue. The building code will require me to apply the 2007 Planning Board Regular Meeting 06/23/09 Page 11 of 20 • code, which will make changes to the construction, the changes to the construction will be considered as major changes after site plan approval, and the code requires this to come back to the planning board so the residents are not surprised by what is created. Vice Chair Yucht -Will lots three and six have the current code applied? This will be the only home(s) that have the current code applied to it. How do you get to that answer when everything seems to have been built under the old code? G. Vanore, Building Official -The code that is applied is based on the permit application date. Chairman Stern -What are the requirements for parking? G. Vanore, Building Official -Two. There is a 25% area required for patio homes in a multi-family dwelling. I am going to require that a definition be made so I can review it properly. Chairman Stern - Is the attachment required? G. Vanore, Building Official - It depends whether it is a patio home (original plan) or if we are going to allow them to continue to diverge from that. I would suggest that when the permit application is received the structure of the zoning and the structure of the • building code are allowed to present what he would like to build. Board Member Marchesani - Do the two spaces include the spaces in the garage? G. Vanore, Building Official -Yes. Town Attorney Roberts -This is an opportunity for anyone to cross exam the witness. Brandon Caldwell -What was the site plan approved for originally? G. Vanore, Building Official - It was approved for six or eight patio homes. Brandon Caldwell - If indeed it was approved for patio homes, would there need to be an additional approval to change from a patio home development to asingle-family home development? G. Vanore, Building Official - I believe that process from 1996 to now has been discussed and I believe that the appropriate approvals were given by the board on changes and variances to that original plan. Brandon Caldwell - If those approvals were granted in 2006, (more than 18 months ago) would those approvals need to go back to the planning board and/or town commission for . additional approvals to change form patio home to single family development? Planning Board Regular Meeting 06/23/09 Page 12 of 20 • G. Vanore, Building Official - It depends on whether we look at Mr. Dawson's approval or whether we choose to go ahead, I would only have to abide by the Florida Building Code. If after being advised, they choose to look at it in terms of a resubmitted development review then I would look at it as an issue that needs to be determined. Chairman Stern - [Read the approval from 1995 aloud] Brandon Caldwell -Subsequent to that in 2006, it was changed from patio home to single-family development with the variances. Would you object to a waiver of variance? Does it expire in 18 months? G. Vanore, Building Official - I would have to look at the code. A variance expires in 18 months. Brandon Caldwell -What would be the proper procedure for gaining another variance? G. Vanore, Building Official -Going before the board. Brandon Caldwell - Is the developer going to be granted an automatic two-year extension when the permit is issued? G. Vanore, Building Official - I will follow the code in every regard, so if it is allowed • then I will show no prejudice. John Caldwell (2635 S. Ocean Blvd. -When you have asingle-family, what is the requirement for a driveway as far as square footage? G. Vanore, Building Official -There are a few references in the zoning code. Town Attorney Roberts - To your review, all of the other lots were approved as patio homes? G. Vanore, Building Official - I cannot answer that. Town Attorney Roberts -Was there a bridge built between lots four and five and lots seven and two when they were constructed? G. Vanore, Building Official - No, that is apparent. Town Attorney Roberts - Is there a bridge between lots five and four? G. Vanore, Building Official -Those two are connected to each other but are not connected to the others. • Town Attorney Roberts -They were built without being connected to the others? Planning Boazd Regulaz Meeting 06/23/09 Page 13 of 20 • G Vanore Building, Official -Yes. Town Attorney Roberts -Were any of the other homes built in this development pursuant to the setbacks required for single-family homes? G. Vanore Building Official - I would not know; I did not do the review. Fred Bilowit (2641 S. Ocean Blvd.) -Are you or the developers going to decided if the zoning is RMM? Chair Stern -That is something we will decide. Fred Bilowit (2641 S. Ocean Blvd.) -Will there be a precondition prior to building the house for all of the safety concerns that the developer has agreed to? Chair Stern - If we approve it, it would be a requirement. Fred Bilowit (2641 S. Ocean Blvd.) - I think that the preference would be eight patio homes to keep the decorum of the community and the safety concerns are addressed, the house is smaller and meet the code requirements. Chairman Stern called a recess at 11:51 AM. • The meeting reconvened at 11:53 AM. Attorney Mankoff -This matter was originally heard before the Planning Board on April 12, 2006, and on July 10, 2006 we obtained a variance. As part of the approval to build this home, the applicant proposes to increase the radius as shown in the fire access plan signed off by Fire Marshall Tomaszewski on October 3, 2006, which once again I make part of the record. The applicant shall also improve the aesthetics of the southern construction fire access gate after a certificate of occupancy has been obtained for the single family home on lots three and six that includes removing the curbing per the request of the fire department and installing a straight path to add a northern entrance and match the aesthetics as the southern entryway. We offer this even though the final home is not the reason for these issues. No other homeowners were asked to do these things. The current fire access plan meets the code at the time it was passed. Codes change and we are trying to make the situation the best we can. I disagree with the current building official who states that the variance has expired. There is only one variance for the entire project, which is vested. The home is being built with the required setbacks as all of the homes. I do believe that the building permit was applied for and paid for in 2006. At the last hearing Mr. Roberts addressed the board to consider the following: 1) the site plan approval occurred on Decemberl3, 1995; 2) if the single family home is in RMM zoning; 3) the parking spaces requirement of two spaces per unit have been met; 4) the fire safety codes are clearly met; and 5) the board should only be reviewing aesthetics and safety. • We have never debated that safety is not a critical component; however, one issue is the expiration of the variance. Since the variance has expired, we respectfully ask for an Planning Board Regular Meeting 06/23/09 Page 14 of 20 • approval of the application with a condition that the variance be obtained if no connection is desired by the applicant. There is substantial evidence to approve this right now. Eric Gebhard (2627 S. Ocean Blvd.) -The applicant would complete the safety issues once a certificate of occupancy was received? J. Mankoff - We will not complete the northern and southern access due to construction until the certificate of occupancy is issued. Eric Gebhard (2627 S. Ocean Blvd.) -How would the applicant ensure that the safety of the property would not diminish? How does the applicant plan to address the fact that the roads are narrow and now there will be construction? J. Mankoff - We will do everything according to the Highland Beach Code of Ordinances. The transcripts from the August 9, 2006, meeting the construction was specifically addressed that during the construction period everyone will be parked off site. Eric Gebhard (2627 S. Ocean Blvd.) - I am skeptical that this can be done without safety. Marilyn Bilowit (2641 S. Ocean Blvd.) - (Showed the board a picture of the lots) It is not possible for vehicles, construction vehicles and a fire truck to go around. I am not against a home being built, but would rather that the gates are installed before hand to ensure our safety. J. Mankoff -There will not be a change in the current access situation. Vehicles would be parked on the lot and not the road. The southern access will be there and the only change is the aesthetics. The radius is being changed while the home is being built. Vice Chair Yucht - I think you indicated that if the board grants approval of the project, get the building permits, and extend the entrances. Is that correct? J. Mankoff -This is general courtesy that we will extend the entry way. Vice Chair Yucht -Wouldn't you need the northern and southern gates the most during construction because of the trucks entering with material? J. Mankoff -Subject to the issuance of the building permit the first construction would be the median as well as the northern (in/out) that does not currently exist. Geofrey Vanore -Setbacks are for plan review under the 2007 code. Brandon Caldwell (2635 S. Ocean Blvd- Has a construction schedule been submitted to the board to ensure that construction is on schedule? . Chair Stern - No, there is no application. Planning Board Regular Meeting 06/23/09 Page 15 of 20 s • E. Susskind -Where is the site plan that was approved? Was it approved for patio villas? Who is responsible for the gates? Where is the approval from the Town Commission? J. Mankoff - It is asingle-family attached in an RMM Zoning District. Single-family homes are allowed in amulti-family zoning district. The parking requirements are two spaces per unit which meets the code. E. Susskind -The town can request a study of the parking for homes over 3,000 square feet. Where is the approved site plan? What is our zoning? J. Mankoff -The approved site plan exists in a landscape plan. She is incorrect concerning the parking study. The Town may demand a parking study for any multi family residential development not residential zoning district. The Town Attorney has said that the landscape plan is the approved site plan. Brandon Caldwell - I have not seen the site plan. Has anyone seen the plans and the site plan approved in 1994? Vice Chair Yucht -You indicated that there is no site plan, correct? Brandon Caldwell - In my opinion, there is no site plan because I have not seen it. I think it was up to the Town Commission to approve the multi family in the RMM zoning. . Town Attorney Roberts - Gave a copy of the approved site plan to Mr. Caldwell. Deputy Town Clerk Oakes swore in Town Manager Dale Sugerman. Board Member Pembroke -Does the Town have an approved site plan? Town Manager Dale Su eg rman - We have an approved site plan Board Member Marchesani -What date? Town Attorney Roberts - Is that the approved site plan? Town Manager Dale Su ems- The document you just handed me is the approved site plan it appears to be signed off on December 13, 1995. E. Susskind -Can you produce a site plan that was signed by the Town Commission? Town Manager Dale Su erman - I cannot. E. Susskind - Do you think that this plan should have been reviewed and signed off by the Town Commission? • Town Manager Dale Su eg rman - I do not have an opinion on the matter. Planning Board Regular Meeting 06/23/09 Page 16 of 20 • E. Susskind - In this case would you say that the Planning Board is not in the position to review the plans, and that the plans we are looking at now is correct and reviewed by the Commission and corresponds to the codes of 1994, 2000, and 2007? Town Manager Dale Su eg rman - No. This is the approved site plan. J. Mankoff -From your review and/or knowledge of the plan, does it seem as though the other six homes were built pursuant to the approved plan? Town Manager Dale Su eg rman -Yes. John Caldwell -Does the site plan show the parking spaces? Town Manager Dale Su ems- No. John Caldwell -Purchased property in 1999. This was supposed to be a small Mediterranean single-family attached community. If I had done my due diligence, I would have known of the safety issues. As a homeowner, I am eager to see Mr. Stoltz complete this project. We do not want a mega mansion in the middle of the property. The home should conform to the standards of the development. There are attachments that are required and not correct. • Vice Chair Yucht -Are you objecting to seven homes? Have you taken any legal steps to ensure that your property considered attached? John Caldwell - I am against seven homes. No legal action taken. Board Member Marchesani - If they build two patio-homes on the empty lots and the fire safety issues, are you still concerned with the attachments? John Caldwell -The patio home requires 25% parking. Brandon Caldwell -Lets allow Mr. Stoltz to construct per the landscape plan. No need to consider a mega mansion on two lots. E. Susskind - We are not against Mr. Stoltz building on his land. We are concerned that the original home conforms to the plan and the codes. Chair Stern -What is the approximate size of the existing six homes? E. Susskind - My home is 3,400 and the largest is 4,500. Chair Stern -What is the proposed square footage of the new home? E. Susskind - I believe over 6,000 sq. ft. Planning Board Regular Meeting 06/23/09 Page 17 of 20 ~ ~ r J. Mankoff -Each home takes subject to the declaration of restricted covenants for Byrd Beach Estates. Section 19, Subdivisions: The owner of more than one lot may use such lot as the site of a single dwelling. We have the prerogative to build one home on two lots. I think that the applicant and the homeowners are on the same side. We want to complete this project as safe as possible. We are requesting a vote today. Town Attorney Roberts -Should it be required under the code that there be a unity of title? J. Mankoff - I do not want to commit to that at this time. If it is a code requirement, we will do it. Public hearing closed at 1:55 PM. MOTION: Vice Chair Yucht moved to approve the application with the following conditions: 1) Applicant, as soon as practicable, after grant of the building permit, install the access roads from AlA on the north side and the south side of property with the Knox lock box access. 2) As soon as practicable, after grant of the building permit, the applicant widen • the radius at the northeast corner, between lots 5 & 6, so that Fire Truck #6 can have access to the complex. 3) Structure to be built on lots 3 & 6 conform in aesthetics with the existing community (Mediterranean). 4) [Lots of Board, applicant, and audience discussion about the issue of timing. Building Official Vanore said that no plans and no application are on file now. Attorney Mankoff (sp) said: "Fire access should be subject to plans signed off by the Fire Marshall; there were other language conditions, but we have that plan signed off that are made part of the record with the highlighted yellow that (the Clerk) has right there" (referring to the October 3, 2006 plan). Yucht said: "I will accept that amendment" [possibly accepting that as an amendment to his outlined condition #2 above]. Stern said that there needs to be a discussion about the tie-in identified on the site plan. Roberts said that the site plan already requires the tie in. Yucht said "I will accept that" [without referencing the comment to any particular condition]. Planning Board Regular Meeting 06/23/09 Page 18 of 20 x ~` • Marchesani said: Instead of practicable, put in a time limit. Yucht said: "The applicant will apply, or reapply, to the Building Official for a building permit within 30 days of the approval of this requirement". Roberts said this issue on the time limit is covered by the Building Code. If the Board wants to place a time limit on how long this approval is, such as 6 months or a year..., that's fine, but I don't think that the Board really should be getting into how long you have to do just what plans and applications, because that is an issue between them [the applicant] and the Building Official. Yucht said: "I concur". Seconded by Dennis Sheridan. OLD BUSINESS: None. NEW BUSINESS: Chairman Stern reported that the next meeting is July 8, 2009, at 9:30 AM where the • board will discuss traffic lights, changes to chapter 30, and the consideration of changes to chapter 6. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING: None. • Planning Board Regular Meeting 06/23/09 Page 19 of 20 K L' t • ADJOURNMENT: MOTION: Board Member Sheridan moved to adjourn the meeting at 2:25 p.m. Board Member Marchesani seconded the motion, which passed unanimously. TOWN SEAL • • ATTESTED: Max Angel, Board ~~~ av~ Marie Marche ', d Member atricia Pem roke, Board Member Excused Absent P Resnick, Bo d Me er ~'~'0 Dennis Sheridan, Board Member U v o~~ Date: Wednesday, September 9, 2009 Valerie E. Oakes Deputy Town Clerk Planning Boazd Regular Meeting 06/23/09 Page 20 of 20 APPROVED: Lou s P. Ste ,Chair