2006.08.09_PB_Minutes_Regular• TOWN OF HIGHLAND BEACH
PLANNING BOARD
REGULAR MEETING MINUTES
Wednesday, August 9, 2006 9:30 a.m.
Chairman Leonard O. Townsend called the Regular Meeting to order in Commission
Chambers at 9:30 a.m. Present were Chair Townsend, Patricia Pembroke, Ken Tapman
and Louis Stern. Leonard Bell and Victor Hadeed were absent. Also present was Town
Attorney Tom Sliney and Building Official Bob Dawson.
Chairman Townsend presented a certificate to former member Terry Colarullo
acknowledging her six year tenure on the Board..
APPROVAL OF MINUTES
Upon MOTION by MR. STERN/MR. TAPMAN the minutes of the June 14 2006 and July
12, 2006 regular meetings were approved.
NEW BUSINESS
FINAL REVIEW FOR CONSTRUCTION OF A NEW SINGLE FAMILY HOUSE FOR
• PROPERTY LOCATED AT 2637 S. OCEAN BLVD.; BYRD BEACH ESTATES/LOTS
20 & 21 (3 & 6). APPLICANT/OWNER: BYRD BEACH ESTATES.
Chairman Townsend read Palm Beach County Property Appraisers web site information
into the record, along with other items pertaining to the builder and architect.
Mr. Dawson noted that he has on file a letter from the Delray Beach Fire Dept. noting
their concern on being able to get the firetruck around the roadway. There was lengthy
discussion in regard to this, with developer noting that a corner of the buildable lot would
be utilized to widen that part of the roadway.
Recording Secretary swore in all who would be testifying. MOTION was made by CHAIR
TOWNSEND/MRS. PEMBROKE that there would be a five minute time limit per speaker.
Motion passed.
John Nevins presented application to the board, noting that elimination of the attachment
was approved by the .Board of Adjustment. The issue arose as to whether the site plan
was approved ten years ago as single family or multi-family homes.
The following residents of Byrd Beach Estates testified:
John Hogwell Lot #5
• Elizabeth Suskind Lot #2
Clara Coldwell Lot #5
. Planning Board
August 9 2006 Paae 2 of 3
Tony Vaselta #7
Eric Gephart #1
Fred Bilowitz #8
Kerry Musa #4
These residents also submitted signed correspondence to the Planning Board members
expressing their concerns, along with correspondence to the Byrd Beach Estates
Homeowners Association, Inc. regarding issues that need to be corrected within. the
property. (Both attached hereto. and made a part of these minutes).
Mr. Townsend noted that the two main issues of the property is the fire truck and zoning
issues. Due to the complexity of the zoning issue, MOTION was made by MR.
TOWNSEND/MRS. PEMBROKE to table this to August 23, and authorize Counsel and
Mr. Dawson to confer and let the Board know the scope of the issue to be reviewed as
to if this development is multi-family or single family. Motion carried.
FINAL REVIEW FOR EXISTING DRIVEWAY TO BE ALTERED AND CHANGE PEAKED
ROOF ON TOWNER IN FRONT OF HOUSE TO A SHED ROOFNVIDOWS WALK.
PROPERTY LOCATED AT 4220 TRANQUILITY DRIVE. APPLICANT/OWNER: JACOB
• AND DONNA FRYDMAN.
Observation deck - Mr. Dawson noted that plans meet town code.
Driveway -will have two access points and meets town code.
After further discussion the following Motion was made by Mr. Tapman/Mrs. Pembroke
The Planning Board grants Final approval for alteration of driveway,
and Motion was made by Mr. Tapman/Mr. Stern to change peaked roof
on tower in front of house to a shed roof/observation deck. Property
located at 4220 Tranquility Drive. Applicant/Owner: Jacob and Donna
Frydman.
Motion carried unanimously.
FINAL REVIEW FOR A CONSTRUCTION TRAILER AT 3901 S. OCEAN BLVD.;
APPLICANT: SEADAR BUILDERS/OWNER: 3901 DEVELOPMENT, LLC.
Subject trailer will be placed on lot across the roadway from the construction site, not on
the site itself as originally thought. There was some further discussion and plans looked
at, with the Building Department having no objection to the placement of the trailer.
There was lengthy discussion as to weather the construction lot across the roadway is
considered a separate lot from the lot where the trailer will be placed, or considered the
same lot as what property records show. Rather than send this issue to the Town
• Commission for a decision as to which lot the trailer should be placed, the Board decided
to note in the Motion that they were advising the Town Commission of their approval, but
Planning Board
August 9 2006 Page 3 of 3
will not send the issue to the Commission. The following MOTION was made by MR.
TAPMAN/MR. STERN:
THE PLANNING BOARD ADVISES THE TOWN COMMISSION THAT
THEY APPROVE SUBJECT APPLICATION FOR A CONSTRUCTION
TRAILER AT 3901 S. OCEAN BLVD.; APPLICANT: SEADAR
BUILDERS/OWNER: 3901 DEVELOPMENT, LLC.
Motion carried unanimously.
OTHER BUSINESS
Discussion of zoning map and street elevations along A1A postponed to a future
meeting.
ADJOURNMENT
With no further business to come before the Board, MOTION to adjourn was made by
MR. TOWNSEND/MRS. PEMBROKE at 10:00 a.m.
APPROVE:
Leonard O. Townsend, Ch.
Leonard D. Bell
absent
Victor P. Hadeed absent
Louis P. Stern
Patricia A. Pembroke
Ken Tapman
Open
Attest:.. ~ ate: lC~°`~ ~~
TO: Town of Highland Beach
Planning Board
Leonard O.Townsend -Chairman
T~~ `~''
Leonard D.Bell ~, _. k
Victor P. Hadeed
Louis P.Stern
Patricia A. Pembroke
Ken. Tapman
C
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TO: Town of Highland Beach
Town Commission
Harold R.Hagelmann- Mayor
Joseph J. Asseita -Vice Mayor
Rachael Scala-Pistone -Commissioner
Miriam S. Zwick -Commissioner
Jim Newill -Commissioner
• Town of Highland Beach
Planning Board
Commission Chambers
3614 South Ocean Boulevard
Highland Beach, Florida 33487
August 7, 2006
RE: Final Review for Construction of a New Single Family House for Property
Located at 2637 South Ocean Boulevard; Byrd Beach Estates/Lots 20 & 21.
Applicant /Owner: Byrd Beach Estates
Dear Members of the Board:
We, the undersigned residents of Byrd Beach Estates, have learned that on August 9`" you
will have a final review for plans to build a single home on the two remaining
undeveloped lots in Byrd Beach Estates.
Unfortunately our Homeowners Association (controlled by the developer} has not made
us privy to the construction plans. As residents who will be directly impacted by the
• construction of this proposed home, we request you withhold your approval until the
developer can demonstrate that the construction will not impose unreasonable
hardships on the residents of Byrd Beach Estates and will not expose anyone to
unnecessary safety and health related risks. Our community of six families includes
children and persons with serious health issues. Safe and direct access to our homes
must be available 24/7 for residents and emergency service vehicles.
We recognize and support the developer's right to develop and make a profit off of his
property and we understand that all construction imposes some inconveniences.
Unfortunately, we believe that the developer will not take the responsible steps necessary
to minimize our exposure to construction hazards and the disruption of our daily routines.
We lack confidence in the developer because of his poor performance running Byrd
Beach Estates Home Owner's Association and his failure as the property manager to
properly maintain its common areas. Please see the attached letter for a summary of
deficiencies previously communicated to the developer.
The Town of Highland Beach has also had issues with the developer in his role as Home
Owners Association- namely allowing time share rentals in the community and not
removing and replacing diseased palm trees.
Byrd Beach Estates is unique in Highland Beach in that the developer/contractor/home
owners association/management agent is the same and after more than
9 years, has still not completed the original project. All of the existing 6 homes share a
• common driveway which is also the only access to the last two lots owned by the
• developer. The home planned for construction is almost twice as large as the largest
existing home in our community and will consume the space of the entire two lots. Once
completed, there will be no more guest and parking facilities available in the community.
We are also concerned whether the developer has included beautification and landscape
plans to include the common areas of the community and what responsibility will he take
to insure implementation.
A visit to the site will prove that the logistics of building this home will be most
challenging due to the proximity of the homes and lack of staging space for construction
materials and vehicles as well as lack of parking for the workers.
Without knowing the start and finish date of the construction exacerbates our ability to
sell or rent our homes due to the obvious inconveniences and health and safety risks the
construction will impose an our community. To state that the value of our homes have
been suppressed as a result of 9 years of living in "construction site" surrounds is an
understatement.
We are not against finishing the development of Byrd Beach Estates- in fact it is to our
advantage to support the project. However we do need assurances from the
developer/contractor that the safety, health and well being of the residents and guests are
considered and protected during the construction period and that this period is defined,
within a reasonable time frame.
• We therefore request the Planning Board of the Town of Highland Beach to postpone
decision to approve the building plans submitted by Byrd Beach Estates and their
contractor, Boca Contracting, to construct a single family home at 2637 South Ocean
Boulevard until such time we, the current residents of Byrd Beach Estates, and the
Planning Board of Highland Beach, are convinced that the construction will not
unreasonable inure or compromise the safety and free access of the residents and their
guests.
On a belated note, we would. appreciate hearing more about the developer's vision of
Byrd Beach Estates once construction is complete. We specifically ask him to provide
the following:
1. A set of building plans for the new home he plans to build. This is necessary so
that we understand the scope of work planned and the degree of difficulty
building the home with limited space.
2. Under his plan to construct one large home on two lots, will the owner of this
property continue to have two shares in the homeowners association or does he
plan to unify the lots?
3. Upon completion, how many community parking spaces will be available for
guests and service vehicles in our community?
4. What are his plans to beautify the grounds and common areas of our community
including landscaping; mailboxes; garbage disposal bins; repair of the guardhouse
. and gates, signage, etc?
2
• S. When and how will the developer turn over the Byrd Beach Estates Home
Owners Association and provide a final accounting to the residents.
We greatly appreciate the time you have taken to hear our request and look forward to
working with the Town of Highland Beach and the developer to make his construction of
the new home both a profitable one for him and a reasonably safe and minimally
disruptive one for our community.
Sincerely.
Eric Gebhard
Michele Palenscar
Elizabeth Susskind
Sergey Komonov
Max & Karrie Musa
Clara Caldwell ~
Tony and Paula Vison ~ ~~~ ~Q. Q,~ ~, /J
Fred and Marilyn Bilowit ~ ~'~•~~..~"'
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Residents of Byrd Beach Estates:
South Ocean Boulevard
Highland Beach, Florida
2627 South Ocean Boulevard
2629 South Ocean Boulevard
2633 South Ocean Boulevard
2635 South Ocean Boulevard
2639 South Ocean Boulevard
2641 South Ocean Boulevard
Eric Gebhard; Michele Palenscar
Elizabeth Susskind-Komov; Sergey Komov
Max and Karrie Musa
Jack and Clara Caldwell
Tony and Paula Visone
Fred and Marilyn Bilowits
1
a John Caldwell
2635 South Ocean Boulevard
Highland Beach, Florida 33487
561.272.4052
Board of Directors
Byrd Beach Estates Homeowners Association, Inc.
ATTN: Morris L. Stoltz II, President
301 Yamato Road -Suite 301
Boca Raton, FL 33431
August 7, 2006
RE: Byrd Beach Estates (BBE)
Dear Mr. Stoltz:
The Board of Directors of the Byrd Beach Estates Homeowners Association, Inc. (The
Association), has again failed to hold an Annual Meeting and provide financial reports of
The Association to its members as required. This lack of compliance is the standard mode
of operation rather than the exception and once again we are in the position of requesting
a copy of the financial reports for the fiscal year December 31, 2005. Please send the
requested reports to my home at the above address and I will distribute them to the other
homeowners.
Humcane season is well upon us and despite the devastation of the last two years and the
constant public notices/armouncements/appeals to be prepared and to prepare your
property for hurricane season 2006, Byrd Beach Estate has "buried its head in the sand".
turned a deaf ear to all the public announcements and done nothing. The palm trees on
the property are in dire need of immediate attention. Dead branches need to be removed,
coconuts that make excellent missiles in strong winds, need to be harvested and all the
trees need to be pmperly trimmed. The palm tree north of the gate house is being
overgrown by a climbing vine that will kill it if the situation is not quickly remedied.
The neglect and the lack of proper ongoing maintenance of the gatehouse with its rotting
windows and door as well as the stonework literally falling apart is a major hazard should
a hurricane strike. The windows and door are well beyond the point of repair and need to
be replaced. There continues to be extreme flooding at the entrance to the complex (in
front of the gates) as the storm drain has never been cleaned. This flooding makes
entry/exit to our homes extremely difficult during heavy downpours and at times, we are
unable to access or exit our property until such time as the rain ceases and the water level
has had sufficient time to drain. Surely, this dangerous situation can be alleviated and/or
eliminated with proper maintenance.
•
• Obviously, we are highlighting only those areas of neglect that are of imminent danger to
the homeowners and not expanding on ALL the azeas that the Board has failed in its
responsibility to maintain our property. We have had repeated discussions relative to the
neglect we have experienced and have not seen any of the promised improvements,
however, what we are addressing in this letter is neglect that can cause serious bodily
harm. We are no longer referring to the loss to our property values, rather and much more
importantly, we are now addressing the very real danger of physical harm that could
easily be inflicted on the children and adults of Byrd Beach Estate as a result of the
neglect of The Association that is supposed to ensure a safe and quality lifestyle for its
residents.
July 10, 2006, the Board of Adjustments for the Town of Highland Beach approved a
variance for Byrd Beach Estates, Ltd. "The Developer", to construct a home on the
remaining lot without the required attachment to the beachfront homes.
We respect your right to build and profit from your properly. In return, we expect respect
and consideration for our welfare as residents of Byrd Beach Estates. Construction on
the remaining home site will be challenging at best due to it's very tight quarters
We are all aware that the construction will be a major inconvenience, therefore, it will be
essential that we cooperate and communicate with each other so as to keep problems at a
minimum. We, the residents have obligations that we must meet such as work, school and
other scheduled activities that require us to have unimpeded egresslaccess to our
• properties.
Offsite parking for workers and an offsite staging area for construction materials is a
necessity and we would like to know where this area will be.
Additionally, we would like you to answer the following questions:
1. Projected time frame for construction from start to finish;
2. Anticipated start date of project;
3. When will the workday start and stop?
4 How many days a week will there be trades people on the premises?
5. How much advance notice will the on-site manager give the residents of any road
blocks of 20 to 30 minutes?
6. Will there be an assigned parking space for service vehicles to park after the
home is built (i.e. cable truck, pool cleaning, rug cleaning, etc.)?
7. Will there be daily clean-up of the construction site, particularly the common
areas?
+.
8. Please specify the planned oversight of the trades people that will be in place
during construction to ensure the security of the Residents and our properties.
9. Have you included any plans for the beautification of the grounds and common
areas of our community including landscaping; mailboxes; garbage disposal bins;
repair of the guardhouse and gates, entrance wall and driveway, etc?
10. Under your plan to construct one lazge home on two lots, will the owner of this
property continue to have two shares in the homeawners association or do you
plan to unify the lots?
Please direct your response to this letter and send the financial reports to my attention at
my address. I will distribute them to all the homeowners.
A set of the building plans identifying the square footage under air for each floor, and the
total square footage including balconies, terraces, patios, pool, and garage, as well as the
set backs for the property lines, would also be appreciated.
Thank you for your prompt attention to this matter.
Sincerely,
CC: Eric Gephart
Michele Palenscar
Elizabeth Susskind
Sergey Komov
Max & Karrie Musa
Clara Caldwell
Tony and Paula Visone
Fred and Marilyn Bilowits
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