1. ARC-24-006 249 SEABREEZE AVE. The applicant, Joseph & Elizabeth Berger, has filed an application requesting Architectural Commission review and approval for new vehicular and pedestrian gates and modifications to previously approved landscape and hardscape, including driveway reductions and change in perimeter site walls as well as modifications to the previously approved design of the front door and balcony railings.
Received via email 2.2.24:
Dear Members of The Town of Palm Beach Architectural Commission (ARCOM),
I am writing to you the owner of 240 Clarke Avenue and as a concerned neighbor regarding the ongoing wall project at 249 Seabreeze Ave and the proposed modifications to reduce the approved 7-foot site wall to a 6-inch wall with a chain link fence.
We respectfully request that ARCOM upholds the originally approved 7-foot site wall. This decision is crucial for maintaining the high aesthetic standards of Palm Beach and addressing several practical concerns related to noise reduction and environmental stability.
Firstly, retaining the approved 7-foot site wall aligns with Palm Beach's renowned commitment to architectural excellence and community aesthetics. Such standards are integral to preserving the unique charm and character of our town.
Additionally, the 7-foot site wall serves a practical purpose in mitigating noise disturbances, particularly from the presence of a loud dog on the property. By maintaining the height of the wall, it will effectively provide a barrier to minimize noise pollution, thus enhancing the quality of life for residents in the vicinity.
Moreover, the taller wall will more adequately retain water and soil, thereby addressing potential flooding issues in Clarke Avenue Alley. This proactive measure is essential for safeguarding the surrounding environment and infrastructure against the adverse effects of flooding and erosion.
In conclusion, we urge ARCOM to uphold the approved 7-foot site wall at 249 Seabreeze Ave. Doing so not only aligns with Palm Beach's esteemed architectural standards but also addresses practical concerns related to noise mitigation and environmental stability.
Thank you for your attention to this matter. We trust that ARCOM will make a decision that upholds the best interests of our community and preserves the beauty and functionality of our town.
Sincerely,
Ashlee Wilson Clarke
240 Clarke Avenue
Palm Beach, Florida 33480
Ashlee Clarke | CEO
Empower
“America’s Largest WOMAN Owned Media Firm”
Received via email 2.3.24:
Hello Chairman Smith and Members,
First of all I want to thank you for the time and effort you devote to keep Palm Beach the wonderful Town that it is.
I write today to let you know about an issue that has been ongoing with the alleyway (Clarke Alley) behind the houses
on the North side of the middle block of Seabreeze Avenue.
I have lived here now for 25 years and this section of the alley has been subject to significant flooding in heavy rains.
This current season has been a wet one and there have been three (3) flooding events so far.
The flooding extends beyond the alley itself and has gone onto some abutting properties and into garages and yards.
In the time I have been here, the newly constructed houses have built 6-7 foot privacy walls along the alley.
The benefit of the walls has been to help contain water on the properties instead of pushing it into the alley, thereby adding to the flooding.
On the matter at hand, the applicant is proposing to build a short structure that will extend 6 inches above the finished grade.
My concern is that 6 inches above the finished grade can be easily overtopped in a heavy rain.
I ask that you give consideration to my comments and not approve something that may exacerbate the current situation.
Thank you,
Jay Serzan
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
Jay Serzan
Casa Pequena | 353 Seabreeze Avenue | Palm Beach, FL 33480
Received via email 2.25.24:
Dear Members of ARCOM.
Subject: Appeal: Preserve Approved Site Wall at 249 Seabreeze Avenue
Dear Esteemed Members of ARCOM,
As a resident of a landmark home on Clarke Avenue since 2007, I am privileged to live with the historic charm that is unique to Palm Beach. The architectural heritage of our town is a source of pride for all residents, and it is essential that we preserve this legacy for future generations.
With the increased new construction and lot coverage, the Clarke Alley is shouldering more drainage than ever before. It is increasingly urgent that homeowners undergoing extensive construction, such as that done at 249 Seabreeze, uphold the proper Palm Beach aesthetics and standards—including the construction of the approved 7 foot perimeter privacy walls.
I am aware that the family at 249 Seabreeze is requesting a chain-link fence. In addition to not being as deep or substantial in its retention of sediment and water, the fence would be the only chain-link fence perimeter enclosure on a home built in the last 50 years facing the Clarke Alley. I respectfully urge the committee to uphold the current approved plan.
It is crucial that we maintain the architectural integrity of our neighborhood and adhere to the approved plans. Any deviations from these standards would detract from the beauty, safety and character of our community.
Thank you for your attention to this matter. I trust that you will make the decision that best serves the interests of our community and upholds the cherished traditions of Palm Beach.
Sincerely,
Ann Heathwood
300 Clarke Avenue
Received via email 2.25.24:
Dear Members of Palm Beach’s Architectural Review Committee,
Thank you for your dedication to maintaining Palm Beach's highest standards— aesthetics, construction and safety— during these times of rapid, often disruptive, development.
We are writing to ask that you please deny the proposed changes to 249 Seabreeze Ave. This project may be familiar to you as it was reviewed and approved by ARCOM in October 2021 (attached) — over 28 months ago. Their plans have now been approved twice but not implemented. We have provided neighbor
consent on three separate occasions only to feel misled as our neighbor selectively completes work from permits issued.
Furthermore, we ask that you require this property to come into compliance before considering additional modifications. The request for forgiveness for installing a substantially different contemporary and angular ironwork balcony and a driveway gate that mirrors this unapproved style is a distraction and shows the insensitivity of the applicant to the work of this important committee. A driveway gate is not in keeping with the tranquility of the homes along Seabreeze, as no other property in the area features a driveway gate, let alone one of a contemporary style.
Most urgently, the originally permitted 7 foot wall is crucial for our neighborhood's safety and the preservation and enjoyment of multiple surrounding historic properties. The proposed chain-link fence does not meet Palm Beach standards on the tightly formed Sea Street neighborhood and to approve anything less would be signaling a new lower standard of construction and aesthetics.
Our family’s home is next to the 249 Seabreeze property. Our home is one of the original homes platted by the City Builders Realty Company in the Poinciana Park Development built in 1924, and underwent an extensive and thoughtful renovation and addition in 1937 by John Volk. We feel fortunate to have a treasure such as this to raise our young boys. However, the ongoing construction at 249 Seabreeze has been disruptive to us and our neighbors for years.
Construction at 249 Seabreeze began in 2021, and the wall was originally approved for construction in October 2021 when our oldest son was merely 3 years old; he is now 6. It has become urgent to address the safety concerns posed by loose sediment added during the haphazard early 2000s new construction. The resultant runoff and water refuse have become a serious problem, aggravated by the owner’s unauthorized removal of the mature ficus hedge there in 2022 (the same time the “temporary” chain-link fence was placed without permit on the property line, with some portions of the fence placed on our property). The mature hedge was replaced with Areca palms without permit as well, another instance of unauthorized work at a much lower standard than that required in Palm Beach—the Areca palms are already covered in whitefly—nor are they an ample privacy hedging, as evidenced by this committee when they were denied for the Publix parking lot. This collectively has led to repeated flooding on our property and to the other historic properties on the Clarke Alley.
Without going into every detail, we have experienced repeated instances of work at 249 Seabreeze occurring during late hours after 9pm, including jackhammering and metalworking. The owners repeatedly violated stop work orders at all hours of the day. The project’s ongoing disruption is aggravated by the owner’s aggressive German Shepherd who regularly attacks the temporary chain-link fence when we are playing in the backyard with our children. You can imagine how frightening this is for our kids, and for us. This is merely unpleasant when living on the tight properties of the historic Sea Street neighborhood.
Your decision to uphold the approved 7-foot site wall at 249 Seabreeze Ave will not only reinforce the integrity and beauty of our beloved town but also ensure the safety and livability of its residents. A 6-inch wall with chain link fence lacks the engineering caliber of the full 7-foot wall with a more substantial footer that is more consistent with Palm Beach’s high standards. Every inch of water retention in this delicate part of town is critical. To authorize anything less would allow a lower standard of construction and aesthetics given that every single home built on Clarke Alley in recent years has a full 7-foot site wall-- allowing anything less would be inconsistent with the neighboring properties that uphold this high standard of design and aesthetic.
We urge you to sustain your original judgment. Uphold the highest standards of construction and enforce a timely completion of this project. This project has exploited the Town’s Building Code for too long and consumed countless hours of town resources.
It is time to bring this project to completion, not keep negotiating further modifications.
Thank you for your unwavering dedication to our community's well-being. You hard work is so important and is truly appreciated.
Best,
Emily & Jay Clifford
301 Seabreeze Avenue
Received via email 2.29.24:
Dear Members of The Town of Palm Beach ARCOM Board,
I am writing this letter to oppose the proposed modifications of a fence at 249 Seabreeze Avenue. The modifications are to change a 7 foot approved site wall to a 6 inch above grade chain link wall.
As a resident with a property on the Clarke Avenue alley I have seen first hand the flooding problems during heavy rain. A 6 inch above grade chain link fence would not have the same ability to retain water in which a 7 foot site wall would. Furthermore a chain link fence is quite unsightly and does not mitigate noise.
Additionally, there is a large and ferocious German Shepherd who resides next door. The approved 7 foot wall would serve as a much needed barrier.
I urge ARCOM to uphold the approved 7 foot site wall at 249 Seabreeze Avenue.
Sincerely,
Kathy Georgas
Received via email 2.24.24:
Re: 249 Seabreeze Avenue - ARCOM # ARC-24-006
We are writing to urge ARCOM to not grant approval for the requested hardscape and
landscape changes, specifically the request to not complete the approved 7-foot
masonry wall surrounding the rear gardens but instead install a vinyl chain-link fence.
This wall was approved in October of 2021! Our home at 230 Clarke Avenue is
immediately to the north of 249 Seabreeze Avenue. As you know there is an alley
between Clarke and Seabreeze. Homes on these streets have the benefit of rear-entry
garages so the alley is essentially a street for homeowners as it is the primary point of
entrance/exit by car. We are very focused on maintaining the integrity of the alley.
When this project was initially circulated for approval in 2021 the landscape plans
were prepared and submitted by Nievera Williams Design, a very respectable firm and
the same firm we used for our home in 2013/2014. The plan looked good and
included a 7-foot site wall with bougainvillea espaliered to both sides of the wall (not
bushes in the alley). The plan also included a pedestrian wood gate with marble tread
and riser. The shrubs and trees were shown to be inside the wall. Why in the world is
this not completed as we close out February of 2024?
It is difficult to piece together all of the steps in this long incomplete process. It
appears that another landscape plan, prepared by Environment Design Group, was
submitted to the town in the spring of 2023 (long after the work should have been
completed as initially approved) and a permit was granted in June of 2023 with an
expiration date of December 2023. That landscape/hardscape plan in that submission
still reflected a 7-foot wall on the alley and west side of the property. The nice gate and
marble tread and riser were removed from the originally approved plan. Again, for no
good reason that permit expired and the wall was not erected. Now the residents
want another change (after not adhering to two previously approved plans) and would
like to put a curb and vinyl fence!
This project should have been completed in 2022 or early 2023, at the latest. The
interior renovations were complete in August of 2022. The exterior renovations seem
to have been poorly managed, purposefully slowed, and hindsight shows there was a
complete disregard for the town approval process. The residents have been sited for
numerous code violations. The integrity of the town/ARCOM approval process and
enforcement is being called into question by this request.
We have been looking at raggedy and rangy plantings for far too long. Sometimes
projects require adjustments upon discovering new data but that is not the case for
switching to a black vinyl chain-link fence on a curb with bushes planted on the alley
side (which will ultimately encroach on the alley). We can only guess at what the
motivations are in 2024 to now request a change, 28 months after receiving approval
for the plan submitted. Had the current request been submitted initially I cannot
imagine the town would have approved it and you certainly would have heard from us
and our neighbors, vociferously. Baiting, waiting/ignoring, implementing unapproved
changes and hiring a law firm is not respectful of the town, ARCOM or neighbors.
Another concern that we have is the lack of a channel drain on the back driveway. The
rain water rushes off the house and down the very short steep driveway into the alley
and often across onto our lawn. Our home was built in 2002 and remodeled in
2013/2014. We have channel drains in both the front driveway and the back driveway,
as does 240, 250 and 260 Clarke Avenue. 200 Clarke Ave, currently undergoing
remodeling has installed a channel drain. We do not see channel drains in the plan and
this is very concerning as the alley easily floods. Why is 249 Seabreeze Avenue not
required to put in channel drains? The new homes and those recently remodeled
homes on Seabreeze and Clarke have appropriately installed this. It’s only common
sense that flooding alleys and standing water is not good for the town.
We have owned our home on Clarke Avenue almost 11 years and have never had
occasion to comment on such matters. What we find truly amazing is that the notion
of “ask for forgiveness rather than permission” is at the heart of this request. It will
truly be disheartening if this proposed change is approved. It is a clear step “down”
from the plan approved October 27, 2021 and the subsequent plan which also had a 7-
foot wall. Why would the city want to set such a precedent? As we see it the short
story is: get something great approved, take forever to progress, don’t do it, don’t
follow the rules along the way, then ask for approval of a new plan after you have
already installed it……it looks terrible and is not in keeping with the aesthetic of the
alley for any remodels or new builds! That is disrespectful of the town’s process and
authority. We believe that when the town approves something that is what it will be
unless there is structural/safety reason for a change or the change is even better……not
less refined as in this case.
Thank you for your consideration of our serious concerns.
Sincerely yours,
Pam and Gary Patsley
Attached is a screen shot of the approved plan, October 2021.
Received via email 2.27.24:
Dear Members of ARCOM,
We are writing to you in regard to the proposed plans for modification of 249 Seabreeze Avenue. We live across the street at 240 Seabreeze and have specific concerns about the proposed vehicular gate.
Our neighborhood is characterized by welcoming single-family homes. There are currently no driveway gates on our block of Seabreeze Avenue. We therefore feel that the proposed gate is NOT in harmony with properties in the general area.
If a vehicular gate is ultimately approved for 249 Seabreeze, we ask that special care be taken to ensure the gate’s motor is not audible from neighboring properties.
Thank you for your consideration.
Sincerely,
Jean and Robert Good
240 Seabreeze Avenue
Palm Beach, FL 33480
Received via email 2.27.24:
Dear Members of ARCOM,
Thank you for your dedication to upholding Palm Beach's esteemed standards of construction aesthetics and safety.
I write to you today regarding the proposed modifications to the approved 7-foot site wall at 249 Seabreeze Ave. This wall has an impact on our neighborhood, including the Clarke Avenue Alley, serving as a cornerstone of both beauty, water management and safety.
There are several reasons why preserving the 7-foot site wall is crucial:
1. Water Management: The approved height of the wall is pivotal in effectively managing water and soil retention, mitigating the risk of flooding and erosion in Clarke Alley. Clarke Alley is already plagued by standing water from run-off as it is one of the lowest points on the island. A 7 foot retaining wall with proper footings is the most robust engineering structure to retain maximum runoff on the subject property. This not only protects our infrastructure but also preserves the natural integrity of our surroundings. All homes built in the past 50 years maintain 7 foot site walls to the alley— not chain link fences and this should be no exception.
2. Aesthetics: Upholding the 7-foot height seamlessly aligns with Palm Beach's esteemed architectural standards, ensuring the continued elegance and visual harmony of our beloved town. Your unwavering commitment to maintaining these standards sets a shining example for communities far and wide.
3. Privacy and Noise Reduction: The taller wall provides essential privacy for residents and helps mitigate noise disturbances, contributing significantly to the tranquility and well-being of our community members. By retaining the approved height, we ensure a peaceful living environment that enhances the quality of life for all.
In closing, I wish to express my deepest gratitude for your dedicated service to our community. Your thoughtful consideration of this matter reflects your unwavering commitment to the betterment of Palm Beach.
Sincerely,
Jay C Horgen
Resident at 322 Clarke Avenue
Public Comment, Town of Palm Beach Admin
admin
about 1 year ago
i just have concern on wall that best protects back alley water issues
Received via email 2.2.24:
Dear Members of The Town of Palm Beach Architectural Commission (ARCOM),
I am writing to you the owner of 240 Clarke Avenue and as a concerned neighbor regarding the ongoing wall project at 249 Seabreeze Ave and the proposed modifications to reduce the approved 7-foot site wall to a 6-inch wall with a chain link fence.
We respectfully request that ARCOM upholds the originally approved 7-foot site wall. This decision is crucial for maintaining the high aesthetic standards of Palm Beach and addressing several practical concerns related to noise reduction and environmental stability.
Firstly, retaining the approved 7-foot site wall aligns with Palm Beach's renowned commitment to architectural excellence and community aesthetics. Such standards are integral to preserving the unique charm and character of our town.
Additionally, the 7-foot site wall serves a practical purpose in mitigating noise disturbances, particularly from the presence of a loud dog on the property. By maintaining the height of the wall, it will effectively provide a barrier to minimize noise pollution, thus enhancing the quality of life for residents in the vicinity.
Moreover, the taller wall will more adequately retain water and soil, thereby addressing potential flooding issues in Clarke Avenue Alley. This proactive measure is essential for safeguarding the surrounding environment and infrastructure against the adverse effects of flooding and erosion.
In conclusion, we urge ARCOM to uphold the approved 7-foot site wall at 249 Seabreeze Ave. Doing so not only aligns with Palm Beach's esteemed architectural standards but also addresses practical concerns related to noise mitigation and environmental stability.
Thank you for your attention to this matter. We trust that ARCOM will make a decision that upholds the best interests of our community and preserves the beauty and functionality of our town.
Sincerely,
Ashlee Wilson Clarke
240 Clarke Avenue
Palm Beach, Florida 33480
Ashlee Clarke | CEO
Empower
“America’s Largest WOMAN Owned Media Firm”
Received via email 2.3.24:
Hello Chairman Smith and Members,
First of all I want to thank you for the time and effort you devote to keep Palm Beach the wonderful Town that it is.
I write today to let you know about an issue that has been ongoing with the alleyway (Clarke Alley) behind the houses
on the North side of the middle block of Seabreeze Avenue.
I have lived here now for 25 years and this section of the alley has been subject to significant flooding in heavy rains.
This current season has been a wet one and there have been three (3) flooding events so far.
The flooding extends beyond the alley itself and has gone onto some abutting properties and into garages and yards.
In the time I have been here, the newly constructed houses have built 6-7 foot privacy walls along the alley.
The benefit of the walls has been to help contain water on the properties instead of pushing it into the alley, thereby adding to the flooding.
On the matter at hand, the applicant is proposing to build a short structure that will extend 6 inches above the finished grade.
My concern is that 6 inches above the finished grade can be easily overtopped in a heavy rain.
I ask that you give consideration to my comments and not approve something that may exacerbate the current situation.
Thank you,
Jay Serzan
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
Jay Serzan
Casa Pequena | 353 Seabreeze Avenue | Palm Beach, FL 33480
Received via email 2.25.24:
Dear Members of ARCOM.
Subject: Appeal: Preserve Approved Site Wall at 249 Seabreeze Avenue
Dear Esteemed Members of ARCOM,
As a resident of a landmark home on Clarke Avenue since 2007, I am privileged to live with the historic charm that is unique to Palm Beach. The architectural heritage of our town is a source of pride for all residents, and it is essential that we preserve this legacy for future generations.
With the increased new construction and lot coverage, the Clarke Alley is shouldering more drainage than ever before. It is increasingly urgent that homeowners undergoing extensive construction, such as that done at 249 Seabreeze, uphold the proper Palm Beach aesthetics and standards—including the construction of the approved 7 foot perimeter privacy walls.
I am aware that the family at 249 Seabreeze is requesting a chain-link fence. In addition to not being as deep or substantial in its retention of sediment and water, the fence would be the only chain-link fence perimeter enclosure on a home built in the last 50 years facing the Clarke Alley. I respectfully urge the committee to uphold the current approved plan.
It is crucial that we maintain the architectural integrity of our neighborhood and adhere to the approved plans. Any deviations from these standards would detract from the beauty, safety and character of our community.
Thank you for your attention to this matter. I trust that you will make the decision that best serves the interests of our community and upholds the cherished traditions of Palm Beach.
Sincerely,
Ann Heathwood
300 Clarke Avenue
Received via email 2.25.24:
Dear Members of Palm Beach’s Architectural Review Committee,
Thank you for your dedication to maintaining Palm Beach's highest standards— aesthetics, construction and safety— during these times of rapid, often disruptive, development.
We are writing to ask that you please deny the proposed changes to 249 Seabreeze Ave. This project may be familiar to you as it was reviewed and approved by ARCOM in October 2021 (attached) — over 28 months ago. Their plans have now been approved twice but not implemented. We have provided neighbor
consent on three separate occasions only to feel misled as our neighbor selectively completes work from permits issued.
Furthermore, we ask that you require this property to come into compliance before considering additional modifications. The request for forgiveness for installing a substantially different contemporary and angular ironwork balcony and a driveway gate that mirrors this unapproved style is a distraction and shows the insensitivity of the applicant to the work of this important committee. A driveway gate is not in keeping with the tranquility of the homes along Seabreeze, as no other property in the area features a driveway gate, let alone one of a contemporary style.
Most urgently, the originally permitted 7 foot wall is crucial for our neighborhood's safety and the preservation and enjoyment of multiple surrounding historic properties. The proposed chain-link fence does not meet Palm Beach standards on the tightly formed Sea Street neighborhood and to approve anything less would be signaling a new lower standard of construction and aesthetics.
Our family’s home is next to the 249 Seabreeze property. Our home is one of the original homes platted by the City Builders Realty Company in the Poinciana Park Development built in 1924, and underwent an extensive and thoughtful renovation and addition in 1937 by John Volk. We feel fortunate to have a treasure such as this to raise our young boys. However, the ongoing construction at 249 Seabreeze has been disruptive to us and our neighbors for years.
Construction at 249 Seabreeze began in 2021, and the wall was originally approved for construction in October 2021 when our oldest son was merely 3 years old; he is now 6. It has become urgent to address the safety concerns posed by loose sediment added during the haphazard early 2000s new construction. The resultant runoff and water refuse have become a serious problem, aggravated by the owner’s unauthorized removal of the mature ficus hedge there in 2022 (the same time the “temporary” chain-link fence was placed without permit on the property line, with some portions of the fence placed on our property). The mature hedge was replaced with Areca palms without permit as well, another instance of unauthorized work at a much lower standard than that required in Palm Beach—the Areca palms are already covered in whitefly—nor are they an ample privacy hedging, as evidenced by this committee when they were denied for the Publix parking lot. This collectively has led to repeated flooding on our property and to the other historic properties on the Clarke Alley.
Without going into every detail, we have experienced repeated instances of work at 249 Seabreeze occurring during late hours after 9pm, including jackhammering and metalworking. The owners repeatedly violated stop work orders at all hours of the day. The project’s ongoing disruption is aggravated by the owner’s aggressive German Shepherd who regularly attacks the temporary chain-link fence when we are playing in the backyard with our children. You can imagine how frightening this is for our kids, and for us. This is merely unpleasant when living on the tight properties of the historic Sea Street neighborhood.
Your decision to uphold the approved 7-foot site wall at 249 Seabreeze Ave will not only reinforce the integrity and beauty of our beloved town but also ensure the safety and livability of its residents. A 6-inch wall with chain link fence lacks the engineering caliber of the full 7-foot wall with a more substantial footer that is more consistent with Palm Beach’s high standards. Every inch of water retention in this delicate part of town is critical. To authorize anything less would allow a lower standard of construction and aesthetics given that every single home built on Clarke Alley in recent years has a full 7-foot site wall-- allowing anything less would be inconsistent with the neighboring properties that uphold this high standard of design and aesthetic.
We urge you to sustain your original judgment. Uphold the highest standards of construction and enforce a timely completion of this project. This project has exploited the Town’s Building Code for too long and consumed countless hours of town resources.
It is time to bring this project to completion, not keep negotiating further modifications.
Thank you for your unwavering dedication to our community's well-being. You hard work is so important and is truly appreciated.
Best,
Emily & Jay Clifford
301 Seabreeze Avenue
Received via email 2.29.24:
Dear Members of The Town of Palm Beach ARCOM Board,
I am writing this letter to oppose the proposed modifications of a fence at 249 Seabreeze Avenue. The modifications are to change a 7 foot approved site wall to a 6 inch above grade chain link wall.
As a resident with a property on the Clarke Avenue alley I have seen first hand the flooding problems during heavy rain. A 6 inch above grade chain link fence would not have the same ability to retain water in which a 7 foot site wall would. Furthermore a chain link fence is quite unsightly and does not mitigate noise.
Additionally, there is a large and ferocious German Shepherd who resides next door. The approved 7 foot wall would serve as a much needed barrier.
I urge ARCOM to uphold the approved 7 foot site wall at 249 Seabreeze Avenue.
Sincerely,
Kathy Georgas
Received via email 2.24.24:
Re: 249 Seabreeze Avenue - ARCOM # ARC-24-006
We are writing to urge ARCOM to not grant approval for the requested hardscape and
landscape changes, specifically the request to not complete the approved 7-foot
masonry wall surrounding the rear gardens but instead install a vinyl chain-link fence.
This wall was approved in October of 2021! Our home at 230 Clarke Avenue is
immediately to the north of 249 Seabreeze Avenue. As you know there is an alley
between Clarke and Seabreeze. Homes on these streets have the benefit of rear-entry
garages so the alley is essentially a street for homeowners as it is the primary point of
entrance/exit by car. We are very focused on maintaining the integrity of the alley.
When this project was initially circulated for approval in 2021 the landscape plans
were prepared and submitted by Nievera Williams Design, a very respectable firm and
the same firm we used for our home in 2013/2014. The plan looked good and
included a 7-foot site wall with bougainvillea espaliered to both sides of the wall (not
bushes in the alley). The plan also included a pedestrian wood gate with marble tread
and riser. The shrubs and trees were shown to be inside the wall. Why in the world is
this not completed as we close out February of 2024?
It is difficult to piece together all of the steps in this long incomplete process. It
appears that another landscape plan, prepared by Environment Design Group, was
submitted to the town in the spring of 2023 (long after the work should have been
completed as initially approved) and a permit was granted in June of 2023 with an
expiration date of December 2023. That landscape/hardscape plan in that submission
still reflected a 7-foot wall on the alley and west side of the property. The nice gate and
marble tread and riser were removed from the originally approved plan. Again, for no
good reason that permit expired and the wall was not erected. Now the residents
want another change (after not adhering to two previously approved plans) and would
like to put a curb and vinyl fence!
This project should have been completed in 2022 or early 2023, at the latest. The
interior renovations were complete in August of 2022. The exterior renovations seem
to have been poorly managed, purposefully slowed, and hindsight shows there was a
complete disregard for the town approval process. The residents have been sited for
numerous code violations. The integrity of the town/ARCOM approval process and
enforcement is being called into question by this request.
We have been looking at raggedy and rangy plantings for far too long. Sometimes
projects require adjustments upon discovering new data but that is not the case for
switching to a black vinyl chain-link fence on a curb with bushes planted on the alley
side (which will ultimately encroach on the alley). We can only guess at what the
motivations are in 2024 to now request a change, 28 months after receiving approval
for the plan submitted. Had the current request been submitted initially I cannot
imagine the town would have approved it and you certainly would have heard from us
and our neighbors, vociferously. Baiting, waiting/ignoring, implementing unapproved
changes and hiring a law firm is not respectful of the town, ARCOM or neighbors.
Another concern that we have is the lack of a channel drain on the back driveway. The
rain water rushes off the house and down the very short steep driveway into the alley
and often across onto our lawn. Our home was built in 2002 and remodeled in
2013/2014. We have channel drains in both the front driveway and the back driveway,
as does 240, 250 and 260 Clarke Avenue. 200 Clarke Ave, currently undergoing
remodeling has installed a channel drain. We do not see channel drains in the plan and
this is very concerning as the alley easily floods. Why is 249 Seabreeze Avenue not
required to put in channel drains? The new homes and those recently remodeled
homes on Seabreeze and Clarke have appropriately installed this. It’s only common
sense that flooding alleys and standing water is not good for the town.
We have owned our home on Clarke Avenue almost 11 years and have never had
occasion to comment on such matters. What we find truly amazing is that the notion
of “ask for forgiveness rather than permission” is at the heart of this request. It will
truly be disheartening if this proposed change is approved. It is a clear step “down”
from the plan approved October 27, 2021 and the subsequent plan which also had a 7-
foot wall. Why would the city want to set such a precedent? As we see it the short
story is: get something great approved, take forever to progress, don’t do it, don’t
follow the rules along the way, then ask for approval of a new plan after you have
already installed it……it looks terrible and is not in keeping with the aesthetic of the
alley for any remodels or new builds! That is disrespectful of the town’s process and
authority. We believe that when the town approves something that is what it will be
unless there is structural/safety reason for a change or the change is even better……not
less refined as in this case.
Thank you for your consideration of our serious concerns.
Sincerely yours,
Pam and Gary Patsley
Attached is a screen shot of the approved plan, October 2021.
Received via email 2.27.24:
Dear Members of ARCOM,
We are writing to you in regard to the proposed plans for modification of 249 Seabreeze Avenue. We live across the street at 240 Seabreeze and have specific concerns about the proposed vehicular gate.
Our neighborhood is characterized by welcoming single-family homes. There are currently no driveway gates on our block of Seabreeze Avenue. We therefore feel that the proposed gate is NOT in harmony with properties in the general area.
If a vehicular gate is ultimately approved for 249 Seabreeze, we ask that special care be taken to ensure the gate’s motor is not audible from neighboring properties.
Thank you for your consideration.
Sincerely,
Jean and Robert Good
240 Seabreeze Avenue
Palm Beach, FL 33480
Received via email 2.27.24:
Dear Members of ARCOM,
Thank you for your dedication to upholding Palm Beach's esteemed standards of construction aesthetics and safety.
I write to you today regarding the proposed modifications to the approved 7-foot site wall at 249 Seabreeze Ave. This wall has an impact on our neighborhood, including the Clarke Avenue Alley, serving as a cornerstone of both beauty, water management and safety.
There are several reasons why preserving the 7-foot site wall is crucial:
1. Water Management: The approved height of the wall is pivotal in effectively managing water and soil retention, mitigating the risk of flooding and erosion in Clarke Alley. Clarke Alley is already plagued by standing water from run-off as it is one of the lowest points on the island. A 7 foot retaining wall with proper footings is the most robust engineering structure to retain maximum runoff on the subject property. This not only protects our infrastructure but also preserves the natural integrity of our surroundings. All homes built in the past 50 years maintain 7 foot site walls to the alley— not chain link fences and this should be no exception.
2. Aesthetics: Upholding the 7-foot height seamlessly aligns with Palm Beach's esteemed architectural standards, ensuring the continued elegance and visual harmony of our beloved town. Your unwavering commitment to maintaining these standards sets a shining example for communities far and wide.
3. Privacy and Noise Reduction: The taller wall provides essential privacy for residents and helps mitigate noise disturbances, contributing significantly to the tranquility and well-being of our community members. By retaining the approved height, we ensure a peaceful living environment that enhances the quality of life for all.
In closing, I wish to express my deepest gratitude for your dedicated service to our community. Your thoughtful consideration of this matter reflects your unwavering commitment to the betterment of Palm Beach.
Sincerely,
Jay C Horgen
Resident at 322 Clarke Avenue
249 Seabreeze Attachments