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Planning board approves revised plan for 5920 North Ocean Boulevard with conditions
Summary
The Ocean Ridge Planning & Zoning Board approved a revised development plan for a renovated home at 5920 North Ocean Boulevard after staff said the resubmitted plans addressed prior code issues; the applicant asked for unconditional approval while staff emphasized a condition to resolve a nonconforming front-setback wall.
The Ocean Ridge Planning & Zoning Board approved a revised development plan for a renovated single-family home at 5920 North Ocean Boulevard at its July 21 meeting.
Town planner Corey O'Gorman told the board the revised plans "have addressed the window and door opening percentage, the substantial articulation requirements" and that town staff found the floor-area ratio and mechanical equipment locations now meet the code. Staff recommended approval but asked the board to consider a condition related to a nonconforming concrete wall in the property's front setback and to weigh a decorative balustrade on the hip roof as an architectural feature.
Applicant Joseph Assir, who said the project began in 2023 and that approvals lapsed when a building permit was not activated, asked the board to approve the plans "without any conditions," saying the work represents the family's retirement savings. Architect Marcella Pensa told commissioners that "decorative balustrades are common in new classical style architecture" and framed the element as a design cap to match second-floor balustrades.
Board members asked staff to clarify whether the six-foot wall at the front of the property had been properly permitted and whether it met the 25-foot front setback; staff said the wall was permitted but not closed out and that inspections occurred while the wall was ultimately constructed in the wrong location. Legal counsel cautioned that equitable estoppel generally cannot be used to override code requirements, and staff said unresolved permit or setback issues could become code-enforcement matters if not addressed.
After debate, a motion to approve the development-plan review carried on a voice vote. The board’s action noted the design revisions and left staff with direction to ensure compliance related to the front setback wall or to pursue code enforcement as appropriate. The commission did not adopt an unconditional waiver for the wall; staff and the applicant were directed to resolve the outstanding compliance questions before final administrative sign-off.
The board also asked staff to include clearer documentation of the condition tied to the wall and to confirm whether any permit closeout steps remain. The applicant said he hopes to break ground in October if approvals and permitting proceed promptly.
