Board continues review of after‑the‑fact siding replacement at 49 Palm Square; asks owner and contractor for documentation

The Delray Beach Historic Preservation Board on Wednesday continued its review of a Certificate of Appropriateness for 49 Palm Square after staff raised concerns that sections of the primary façade had been replaced with synthetic Azek siding without the required approvals.

Roger Pope of Cope Architects, agent for property owner Noel Smith, told the board the work began as incremental repairs to wood rot on the front façade and that the general contractor “claimed he came into this building department and tried to file for a permit and was turned away.” Pope said the contractor used a man‑made product called Azek and that the owner completed the work before code enforcement finalized its review.

Staff and the board emphasized that the Secretary of the Interior’s preservation standards and the city’s historic‑district guidelines generally disfavor synthetic siding on contributing historic structures, especially on rights‑of‑way‑facing elevations. The principal planner summarized staff’s concerns: the record did not make clear how much of the front elevation had been replaced, no current NOA (Notice of Acceptance) was available for the installed product, and the department typically requires an NOA at permit review to ensure manufacturer approval of the material.

The board debated both enforcement and preservation principles. One board member said the property’s owner had performed careful maintenance and urged relief from daily code‑enforcement fines; other members said granting post‑hoc approval without clearer evidence would risk signaling that owners can perform unpermitted work and then seek forgiveness. Staff told the board attempts had been made for months to secure an application and compliance and that daily fines were accumulating.

The board directed staff to seek more detail and to schedule a site visit: the applicant and the contractor should appear at the next hearing (or provide documentation beforehand) with photos taken during the work, a contractor invoice or bill of materials showing which boards were replaced, and any NOA documentation from the manufacturer. Staff said it would accept the application without an NOA for the board’s review but that an NOA would be required for a building permit and Certificate of Occupancy if the board later approved the siding on aesthetic grounds.

Because the exact extent of replacement and the permit/NOA history were unclear, the board continued the COA for 49 Palm Square to the next practical meeting and requested clearer, documented evidence of the scope of repairs. Code‑enforcement penalties remain in effect and are handled separately by the city’s enforcement process.