February 4, 1998 Town Hall 5:30 PM

Present:

William Harris, Chairman
Rick Stow, Member
Ray Disher, Alternate
Joel Rosenblatt, Alternate
William Schetrom, Member
Brian Barber, Building Official
Barbara Brownlie, Secretary

Absent:

Robin Petersen, Vice Chairman
Brian Dullaghan, Member

1. CALL TO ORDER AT 5:30 PM

Chairman Harris called the meeting to order at 5:30 PM.

2. APPROVAL OF PRIOR MEETING MINUTES

A. Minutes No. 98-1 - January 27, 1998

Mr. Disher moved to approve the minutes. Mr. Stow seconded. Motion carried unanimously.

3. CODE INTERPRETATION

An interpretation as to Code Section 17-127 (16) - Breezeways. A minimum thirty percent (30%) breezeway will be maintained on all property in the tourist zone. The breezeway is defined as a clear, open vertical area free of construction or buildings running from the ocean to Highway A1A. The thirty percent (30%) calculation is measured on a line parallel to Highway A1A to include the percentage of open distance (breezeway) from the building to the property lines perpendicular to Highway A1A.

An interpretation was requested by the Zoning and Planning Board based on a site plan submitted to them for a 12 unit condominium at 11th and Wavecrest.

Mr. Wallis, attorney for the developer, presented drawings illustrating the irregularly shaped parcel with 150' fronting on Wavecrest and 125' fronting on A1A. He pointed out that no structure will be placed on the smaller parcel. He also noted that the site plan has been approved by the state which has a more stringent guideline requiring a 40% breezeway area but bases it on the oceanside property line.

Richard Kern, engineer on the project, explained that using the Wavecrest frontage the breezeway calculation is 40%; but using the A1A frontage it is 28%. He stated that to meet the 30% based on the A1A frontage, the building would need to be narrowed by 2 2 feet or relocated on the parcel.

Mr. Barber clarified that the state bases their calculations on the oceanside frontage.

The Board pointed out that it was not meeting to discuss a particular case, (which would require a variance application), but that the project in question does raise an ambiguity in the code as written.

Mr. Disher pointed out that the intent at the time the code was written was to insure an open space from the ocean through to A1A.

Chairman Harris agreed that, if measured from the ocean side, this project meets the code on the owner=s property. He added that a property owner can not be required to adhere to things that they can not control - such as what a neighbor does with his property.

The Board clarified that to change the code the Zoning and Planning Board would need to make a recommendation to the Town Council.

It was the consensus of the Board that the code sets out the method for measuring the breezeway area and also provides a definition for a breezeway. Both criteria must be met. It was also noted that these criteria are not necessarily workable for an irregularly shaped property.

Mr. Rosenblatt moved to interpret the code as requiring a 30% breezeway defined by rectangular dimensions with a clear and open line of sight from Highway A1A to the ocean and to refer this code section to the Zoning and Planning Board for review with any recommendations forwarded to the Town Council for a possible change in the Ordinance. Mr. Disher seconded. Motion carried unanimously.

4. ADJOURNMENT

The meeting adjourned at 6:45 PM.

 

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William Harris, Chairman

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Barbara Brownlie, Secretary