1. HSB-24-0003 (ZON-24-0022) 346 SEASPRAY AVE (COMBO) The applicant, Rafael Portuondo with Portuondo-Perotti, has filed an application requesting approval for the review and approval of exterior modifications including revised railing designs, removal of shutters, hardscape and landscape changes, site wall revisions, and relocation of mechanical equipment which requires two (2) variances to reduce the side yard setback to accommodate mechanical equipment and exceed the maximum allowable site wall height in the side yard. This is a combination project that shall also be reviewed by the Town Council as it pertains to zoning relief/approval.
Public Comment, Town of Palm Beach Admin
admin
10 months ago
Received via email 7.16.24:
Hi everyone. We represent Mr. and Mrs. Haley, the owners of 350 Seaspray Ave. Attached is a letter for the LPC objecting to the application to be presented for 346 Seaspray.
We have been attempting to work through the Architect Rafael Portuondo to find a resolution to what we thought were two simple and feasible solutions for the requested variances, but the communication has now stopped on the eve of the meeting.
I will be out of town tomorrow, so John Eubanks will appear for me and the clients.
If you have any questions, please let me know.
Thanks, Tim
M. Timothy Hanlon
Alley, Maass, Rogers & Lindsay P.A.
340 Royal Poinciana Way, Suite 321
Palm Beach, Florida 33480
Dear Commission Members:
This firm represents Mr. and Mrs. John Haley, the owners of 350 Seaspray Avenue.
On Wednesday, you will be considering the above-referenced application. Mr. and Mrs. Haley live immediately west of the subject property and have endured literally three years of excessive noise, dirt, debris and general misery as a result of the renovation at 346 Seaspray. The renovation project lasted from approximately January, 2020 through December, 2023.
Examples of the misery include the following:
• The construction pers01mel erected mesh fencing intended to protect the 350 property early in the project, but the mesh fencing was removed late in 2020 and never replaced.
• The entire home at 346 was sandblasted in an apparent attempt to create a Tuscan appearance, which created endless noise until other neighbors objected and called code enforcement. Mr. Haley once recorded a noise decibel reading of 94.
• Due to the noise and debris, the Haleys were unable to use their back patio and pool between 8:00 a.m. and 5:00 p.m. for three full seasons/years, 5 days per week.
• Due to the dirt and debris, the Haleys have had to replace two pool pumps and one pool heater during the construction/renovation process.
• In an effort to speak to the owners of the 346 property, the Haleys called the owners at least three times and the General Contractor several additional times but not once was their call returned. Please note the only time the owners of 346 Seaspray personally contacted the Haleys was to request permission to erect scaffolding on the east property line of the Haley's prope1iy. The Haleys agreed, not knowing the subsequent consequences.
These are just a few examples of what the Haleys have endured for three full years of construction. Now, much to their disbelief, the 346 owners are proposing a new major renovation request that specifically targets the shared boundary between 346 and 350 Seaspray. Moreso, the owners are asking to demolish an existing site wall and reconstructing an even taller 9'4" nonconfo1ming wall, which would wreak havoc on the Haleys. The 346 owners are even requesting two self-created variances, which would both negatively affect the Haleys' prope1iy.
In addition, the 346 owners already apparently installed two air conditioning units on top of platforms within the required setback and without Town approval. These units are within 2' 6" of the 346 property line and of course create additional noise intrusion and a nuisance to the Haleys' rear yard and patio area.
Both the proposed new wall and the illegally installed air conditioning units are nonconforming to the Zoning Code and requite valiances.
We implore you to please protect the Haleys and stop this incessant intrusion into the peace and quiet enjoyment by the Haleys of their property by denying the request for the new wall and the location of the two air conditioning units within the setback designed to protect the Haleys. In addition, the illegal and non-confo1ming air conditioning units should be removed immediately.
Thank you for your consideration.
Sincerely,
M. Timothy Hanlon
Received via email 7.16.24:
Hi everyone. We represent Mr. and Mrs. Haley, the owners of 350 Seaspray Ave. Attached is a letter for the LPC objecting to the application to be presented for 346 Seaspray.
We have been attempting to work through the Architect Rafael Portuondo to find a resolution to what we thought were two simple and feasible solutions for the requested variances, but the communication has now stopped on the eve of the meeting.
I will be out of town tomorrow, so John Eubanks will appear for me and the clients.
If you have any questions, please let me know.
Thanks, Tim
M. Timothy Hanlon
Alley, Maass, Rogers & Lindsay P.A.
340 Royal Poinciana Way, Suite 321
Palm Beach, Florida 33480
Dear Commission Members:
This firm represents Mr. and Mrs. John Haley, the owners of 350 Seaspray Avenue.
On Wednesday, you will be considering the above-referenced application. Mr. and Mrs. Haley live immediately west of the subject property and have endured literally three years of excessive noise, dirt, debris and general misery as a result of the renovation at 346 Seaspray. The renovation project lasted from approximately January, 2020 through December, 2023.
Examples of the misery include the following:
• The construction pers01mel erected mesh fencing intended to protect the 350 property early in the project, but the mesh fencing was removed late in 2020 and never replaced.
• The entire home at 346 was sandblasted in an apparent attempt to create a Tuscan appearance, which created endless noise until other neighbors objected and called code enforcement. Mr. Haley once recorded a noise decibel reading of 94.
• Due to the noise and debris, the Haleys were unable to use their back patio and pool between 8:00 a.m. and 5:00 p.m. for three full seasons/years, 5 days per week.
• Due to the dirt and debris, the Haleys have had to replace two pool pumps and one pool heater during the construction/renovation process.
• In an effort to speak to the owners of the 346 property, the Haleys called the owners at least three times and the General Contractor several additional times but not once was their call returned. Please note the only time the owners of 346 Seaspray personally contacted the Haleys was to request permission to erect scaffolding on the east property line of the Haley's prope1iy. The Haleys agreed, not knowing the subsequent consequences.
These are just a few examples of what the Haleys have endured for three full years of construction. Now, much to their disbelief, the 346 owners are proposing a new major renovation request that specifically targets the shared boundary between 346 and 350 Seaspray. Moreso, the owners are asking to demolish an existing site wall and reconstructing an even taller 9'4" nonconfo1ming wall, which would wreak havoc on the Haleys. The 346 owners are even requesting two self-created variances, which would both negatively affect the Haleys' prope1iy.
In addition, the 346 owners already apparently installed two air conditioning units on top of platforms within the required setback and without Town approval. These units are within 2' 6" of the 346 property line and of course create additional noise intrusion and a nuisance to the Haleys' rear yard and patio area.
Both the proposed new wall and the illegally installed air conditioning units are nonconforming to the Zoning Code and requite valiances.
We implore you to please protect the Haleys and stop this incessant intrusion into the peace and quiet enjoyment by the Haleys of their property by denying the request for the new wall and the location of the two air conditioning units within the setback designed to protect the Haleys. In addition, the illegal and non-confo1ming air conditioning units should be removed immediately.
Thank you for your consideration.
Sincerely,
M. Timothy Hanlon