4. ARC-23-137 (ZON-23-104) 310 CLARKE AVE (COMBO) The applicant, Mark & Patricia Davies, has filed an application requesting Architectural Commission review and approval for changes to an approved new two-story residence including changes to architectural details, hardscape/landscape, and arrangement of equipment yards, requiring variances for equipment location and screening wall heights. This is a combination project that shall be reviewed by Town Council as it pertains to zoning relief/approval.
Public Comment, Town of Palm Beach Admin
admin
over 1 year ago
Received via email 12.11.23:
Dear Sir or Madam,
We sent a letter over the weekend reiterating our position regarding the variances at 310 Clarke, but we wanted to send a short update:
Jay and Michael Perry met this morning and Jay agreed that IF they can make the wall height 24 inches taller AND screen the wall panels on the wall facing 322 Clarke, we would find that an acceptable solution. We have capitulated that the wall height increase does not need to run the entire length of the property as long as it runs from the current step-up in the wall on our south side to 10 feet past our northernmost point of our generator enclosure. The agreement to this would also need to include the neighbor’s screening the two panels on their house visible above the wall (or painting them the color of their house so that they don’t stand out so much). We would ask for these events to occur in a timely manner. If both of the requests above are made (and in the case that the town allows them), we do not oppose the variances requested at 310 Clarke. This is consistent with both letters we have sent to the committee, as our goal is not to see the neighbor’s equipment and to preserve our property value.
Thank you,
Kate and Jay Horgen
322 Clarke Avenue
Received via email 12.9.23:
Dear Sir or Madam,
We live at 322 Clarke Avenue, on the west side next to the proposed variances at
310 Clarke Avenue. Although the Davies reached out to us two days ago to send two
proposal photos and schedule a meeting with their architect Michael Perry on Monday,
December 11 (at which time we are told a more formal proposal is being made), we
have yet to come to any agreement or resolution on the matter of the 7 variances
requested by the owners of 310 Clarke. In an effort to avoid a last-minute letter, we are
sending this letter now, as we have offered a set of solutions that would be acceptable,
and we will reiterate that to Michael Perry on Monday. Before the last ARCOM meeting
on November 19, we felt pressured by the very late attempt to come to an
agreement/resolution which led to our submitting a hurried letter on November 18th.
This time we are submitting a letter in advance to articulate our position because we do
not want to put the committee in the position of reading a letter the night prior to the
meeting. We have been consistent in offering the same set of solutions, outlined below,
that would allow us not to oppose the variances currently required.
We are concerned that we will not have enough time to process whatever is given to us
on Monday, December 11, just 48 hours before the next meeting on December 13, so
we are trying to avoid the pressure we felt in November to write a letter. We are leaving
town on Monday afternoon and will not return before the ARCOM meeting, giving us little time to review, respond and make suggestions. Additionally, we do not know what
the town will accept as a solution, so it is difficult for us to say to the Davies that we
accept a solution at this late notice if we don’t know whether that solution is even
feasible. We feel uncomfortable being brought in last-minute and pressured to accept a
solution, so we feel that it is better to simply reiterate what we have been proposing.
We would articulate the issues as follows:
1) The code violations at 310 Clarke diminish the value of our property at 322 Clarke
Avenue and we seek to preserve the value of our property.
2) For the past 11 months, since January, we have been looking at 2 air conditioning
units and a large generator/mechanical panel that are well above the wall height
and that they have failed to screen.
While we would still like to come to an amicable solution for the sake of our neighbors,
we need a different orientation from Michael Perry and the owners of 310 Clarke if they
would like our support OR we would ask ARCOM to enforce code both regarding the
screening and the removal of equipment. Our simple request is not to see their
mechanical equipment or panels from 310 Clarke from our pool, cabana, backyard,
breakfast area, and patio.
We think it is most efficient to simply restate what solution we would support
from our letter to ARCOM dated November 18, 2023:
We are the neighbors to the west side of 310 Clarke at 322 Clarke Avenue. When the
equipment in question was located close to our wall and above the wall, we voiced our
concern to the Davies and were told by the Davies that it would be screened so that we
could not see the equipment. We did not realize that it was against code.
They have asked us to write a letter supporting the variances, but we cannot in good
faith give our approval because we have not been able to come to an acceptable
solution. We have made the following proposal to the Davies:
1) The current wall height would need to be increased by a minimum of 2 feet so that we
would not see any of the equipment from our property.
2) The increased wall height would need to run from the back-alley property line (south
end) all the way to the edge of our building structure (on the north end) so that we do
not see any jog up and/ or jog down of the wall; and
3) we have asked for screening of their generator box (wall panel) which would still be
exposed even above the increased wall height. We would be satisfied with greenery or
lattice coverage or even just paint consistent with their home color.
We are disappointed to be put in this position as we have tried to be good neighbors by
suggesting the above remedy. We hope that the town can help us come to a solution
whereby we are not forced to look at our neighbor’s equipment (as it is not consistent
with town code) but that they can feel happy about our not asking them to move it. We
feel very uncomfortable being asked to support something that impedes our enjoyment
of our property and is against code.
We will be available on our cell phones if you would like us to call in or have questions
(617 470-4165 Kate, 617 470-0668 Jay). We continue to hope for an amicable solution,
but until then we are asking the town to enforce code to ensure that we do not see their
equipment.
We appreciate your consideration,
Jay and Kate Horgen, 322 Clarke Avenue
As always, we appreciate the work you do for the town and its residents. Thank you,
Kate and Jay Horgen
Received via email 12.11.23:
Dear Sir or Madam,
We sent a letter over the weekend reiterating our position regarding the variances at 310 Clarke, but we wanted to send a short update:
Jay and Michael Perry met this morning and Jay agreed that IF they can make the wall height 24 inches taller AND screen the wall panels on the wall facing 322 Clarke, we would find that an acceptable solution. We have capitulated that the wall height increase does not need to run the entire length of the property as long as it runs from the current step-up in the wall on our south side to 10 feet past our northernmost point of our generator enclosure. The agreement to this would also need to include the neighbor’s screening the two panels on their house visible above the wall (or painting them the color of their house so that they don’t stand out so much). We would ask for these events to occur in a timely manner. If both of the requests above are made (and in the case that the town allows them), we do not oppose the variances requested at 310 Clarke. This is consistent with both letters we have sent to the committee, as our goal is not to see the neighbor’s equipment and to preserve our property value.
Thank you,
Kate and Jay Horgen
322 Clarke Avenue
Received via email 12.9.23:
Dear Sir or Madam,
We live at 322 Clarke Avenue, on the west side next to the proposed variances at
310 Clarke Avenue. Although the Davies reached out to us two days ago to send two
proposal photos and schedule a meeting with their architect Michael Perry on Monday,
December 11 (at which time we are told a more formal proposal is being made), we
have yet to come to any agreement or resolution on the matter of the 7 variances
requested by the owners of 310 Clarke. In an effort to avoid a last-minute letter, we are
sending this letter now, as we have offered a set of solutions that would be acceptable,
and we will reiterate that to Michael Perry on Monday. Before the last ARCOM meeting
on November 19, we felt pressured by the very late attempt to come to an
agreement/resolution which led to our submitting a hurried letter on November 18th.
This time we are submitting a letter in advance to articulate our position because we do
not want to put the committee in the position of reading a letter the night prior to the
meeting. We have been consistent in offering the same set of solutions, outlined below,
that would allow us not to oppose the variances currently required.
We are concerned that we will not have enough time to process whatever is given to us
on Monday, December 11, just 48 hours before the next meeting on December 13, so
we are trying to avoid the pressure we felt in November to write a letter. We are leaving
town on Monday afternoon and will not return before the ARCOM meeting, giving us little time to review, respond and make suggestions. Additionally, we do not know what
the town will accept as a solution, so it is difficult for us to say to the Davies that we
accept a solution at this late notice if we don’t know whether that solution is even
feasible. We feel uncomfortable being brought in last-minute and pressured to accept a
solution, so we feel that it is better to simply reiterate what we have been proposing.
We would articulate the issues as follows:
1) The code violations at 310 Clarke diminish the value of our property at 322 Clarke
Avenue and we seek to preserve the value of our property.
2) For the past 11 months, since January, we have been looking at 2 air conditioning
units and a large generator/mechanical panel that are well above the wall height
and that they have failed to screen.
While we would still like to come to an amicable solution for the sake of our neighbors,
we need a different orientation from Michael Perry and the owners of 310 Clarke if they
would like our support OR we would ask ARCOM to enforce code both regarding the
screening and the removal of equipment. Our simple request is not to see their
mechanical equipment or panels from 310 Clarke from our pool, cabana, backyard,
breakfast area, and patio.
We think it is most efficient to simply restate what solution we would support
from our letter to ARCOM dated November 18, 2023:
We are the neighbors to the west side of 310 Clarke at 322 Clarke Avenue. When the
equipment in question was located close to our wall and above the wall, we voiced our
concern to the Davies and were told by the Davies that it would be screened so that we
could not see the equipment. We did not realize that it was against code.
They have asked us to write a letter supporting the variances, but we cannot in good
faith give our approval because we have not been able to come to an acceptable
solution. We have made the following proposal to the Davies:
1) The current wall height would need to be increased by a minimum of 2 feet so that we
would not see any of the equipment from our property.
2) The increased wall height would need to run from the back-alley property line (south
end) all the way to the edge of our building structure (on the north end) so that we do
not see any jog up and/ or jog down of the wall; and
3) we have asked for screening of their generator box (wall panel) which would still be
exposed even above the increased wall height. We would be satisfied with greenery or
lattice coverage or even just paint consistent with their home color.
We are disappointed to be put in this position as we have tried to be good neighbors by
suggesting the above remedy. We hope that the town can help us come to a solution
whereby we are not forced to look at our neighbor’s equipment (as it is not consistent
with town code) but that they can feel happy about our not asking them to move it. We
feel very uncomfortable being asked to support something that impedes our enjoyment
of our property and is against code.
We will be available on our cell phones if you would like us to call in or have questions
(617 470-4165 Kate, 617 470-0668 Jay). We continue to hope for an amicable solution,
but until then we are asking the town to enforce code to ensure that we do not see their
equipment.
We appreciate your consideration,
Jay and Kate Horgen, 322 Clarke Avenue
As always, we appreciate the work you do for the town and its residents. Thank you,
Kate and Jay Horgen