Homeowners allege unpermitted demolition of Eastpointe tennis courts; zoning staff recommends approval

Members of a group of homeowners told the Palm Beach County Zoning Commission on Tuesday that an applicant had removed community tennis courts without proper permitting and that the loss undermines a recorded amenity covenant.

Scott Willinger, who said he represents 29 of 30 affected homeowners pro bono, told the commission: "Instead, it appears that the applicant has already illegally demolished the community's recreational tennis courts without a permit, and omitted this fact from their application to bypass county oversight." Willinger urged the commission to deny the development order amendment under the Unified Land Development Code.

A nearby resident, Edward Epstein, described using the Briarwood Pool and Tennis Courts under a 1989 agreement and said the courts were razed and sodded over in spring 2026. "For approximately the last 5 years, the tennis courts have not been available for our use," Epstein said, recounting deterioration and contractor staging that preceded removal.

The applicant's representative said the request is a development order amendment to convert a 0.65-acre recreation pod in Pod 10 into two single-family lots, increasing the PUD total from 142 to 144 dwelling units. The representative told commissioners the change keeps Pod 10 well above required open-space levels (presented as about 79–81% for that pod) and that the HOA and POA support the amendment.

Jerome of the zoning division summarized staff analysis and recommended approval, saying the PUD still meets overall recreational requirements and noting staff had received 21 public contacts on the application. During Q&A staff and the applicant confirmed that a demolition permit had been issued the morning of the hearing, while staff also said it was not fully clear earlier whether a demo permit was required for the tennis-court removal.

Commissioners moved to recommend approval of the DOA and the motion passed by voice vote; the commission's recommendation will be forwarded to the Board of County Commissioners for final action. The BCC hearing for items not subject to zoning commission final action was announced in the convening remarks (301 North Olive Avenue, West Palm Beach).