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PRR 17-2604
Renee Basel From:Jonathan O'Boyle <jonathanroboyle@gmail.com> Sent:Thursday, November 16, 2017 12:03 PM To:Trey Nazzaro; Rita Taylor; Renee Basel; Jonathan O'Boyle; Jonathan O'Boyle Subject:Public Records Request Attachments:Stop Dirty Government Records Request 11.16.17.docx; Request Exhibits.pdf; Landscape Correspondence Ganger.pdf Dear Records Custodian, on behalf of Stopdirtygovernment, LLC, I submit the attached public records requests for production ASAP. Enclosed are instructions for the Request and copies of public records of the Town of Gulf Stream which we would like to receive certified copies. I will note, that the attachment containing exhibits are merely demonstrative and for the Town's assistance in identifying the public records requested. As for Exhibit 25, that original public record is in the Ganger Transfer file on the Town's website under the document that I believe is entitled Development Correspondence O'Boyle. I will also note that the requests for electronic records should be readily available since we are asking for copies of requests already transmitted to other requestors (with the exception of the fourth request). The requests are not aggregated and we would like production as soon as the records can be produced since time is at-issue. We do not desire to have the Town complete the entire request first and then transmit everything at once. As for Payment, I will send a courier to the Town to submit payment for the certified copies and any other lawful fees. The Courier will contact the Town later today to touch base and work out the details. Thank you ever so kindly for your prompt attention. If you have any questions please email me back at this address -- Jonathan O’Boyle, Esq., LLM. The O’Boyle Law Firm, P.C. www.oboylelawfirm.com joboyle@oboylelawfirm.com Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 1 Tel: 814-535-5175 Fax: 215-893-3641 New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. 2 StopDirtyGovernment, LLC - Public Records Request 11.16.17 for Litigation Resuming on Monday, November 20, 2017. 1.Certified Copies of the Town’s public records reflected in Exhibits 18-23, 25 – that were th admitted into evidence in case 2014CA003721 in the 15 Judicial Circuit styled Stopdirtygovernment, LLC v. Town of Gulf Stream. (Attached Hereto). Specifically for Exhibit 25, we would like a certified color 1 copy that duplicates the document as shown on the Town’s website. 2.Certified copy of an April 23, 2013, letter and enclosures sent by Mr. Thrasher to Ms. Brown with a carbon copy to Mr. Ganger entitled “Re: Landcape Plan for 1465 North Ocean Blvd.” That document is most likely found in the building development file for 1465 North Ocean Blvd. (A copy is attached hereto). 3.A certified copy of Freda Defosse’s resignation letter to the Town of Gulf Stream. 4.Electronic copies of Freda Defosse’s time sheets and/or public records reflecting the amount of time Ms. Defosse worked for the Months of January and February 2014. 5.Electronic Copies of: (1) Town of Gulf Stream Request 587; (2) the initial response given to Request 587 on or about 2/3/2014; (3) any communication from Jones Foster to the O’Boyle Law Firm regarding Request 587 between March 1, 2014 and March 25, 2014 \[particularly from Ashlee Richman\]; (4) the cover page and public records transmitted to the O’Boyle Law Firm in March 2014 by Jones Foster in response to Request 587 and/or because of the litigation initiated pursuant to this request \[tip: March 12, 2014 is believed to be the date of transmission\]. 6.Electronic Copies of the request and response to Request 749 which was sent on March 28, 2014. 7.Certified Copies of a Request and Response 1671 made by Asset Enhancement, Inc. in December of 2014 which regarded Sweetapple’s November Billing Records. In addition to certified copies of redacted billings, it is also requested that a certified copy of the unredacted billings be provided as well. 1 The Highlighted requests are very time sensitive and are needed immediately. In addition, if electronic copies of records are sought, please email them to records@commerce-group.com; joboyle@oboylelawfirm.com; wring@oboylelawfirm.com; and moboyle@commerce-group.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 16, 2017 Jonathan O’Boyle [e-mail to: jonathanroboyle@gmail.com] Re: GS #2604 (Public Records Request for Litigation Resuming on Monday, November 20, 2017 (5)) 5. Electronic Copies of: (1) Town of Gulf Stream Request 587; (2) the initial response given to Request 587 on or about 2/3/2014; (3) any communication from Jones Foster to the O’Boyle Law Firm regarding Request 587 between March 1, 2014 and March 25, 2014 [particularly from Ashlee Richman]; (4) the cover page and public records transmitted to the O’Boyle Law Firm in March 2014 by Jones Foster in response to Request 587 and/or because of the litigation initiated pursuant to this request [tip: March 12, 2014 is believed to be the date of transmission]. Dear Jonathan O’Boyle [e-mail to: jonathanroboyle@gmail.com] The Town of Gulf Stream has received your public records request dated November 16, 2017. The original public records request can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/113870/Page1.aspx The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Sincerely, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Friday, December 8, 2017 3:44 PM To:Jonathan O'Boyle Cc:Renee Basel; Trey Nazzaro; Macfarlane, Mary Subject:Gulf Stream PRR GS 2604 Attachments:1KS9911-oboyle re prr 434.pdf; 20140325134015173.pdf Dear Jonathan – Please allow this and my subsequent emails to respond to your Public Records Request to the Town of Gulf Stream that seeks the following: Electronic Copies of: (1) Town of Gulf Stream Request 587; (2) the initial response given to Request 587 on or about 2/3/2014; (3) any communication from Jones Foster to the O’Boyle Law Firm regarding Request 587 between March 1, 2014 and March 25, 2014 \[particularly from Ashlee Richman\]; (4) the cover page and public records transmitted to the O’Boyle Law Firm in March 2014 by Jones Foster in response to Request 587 and/or because of the litigation initiated pursuant to this request \[tip: March 12, 2014 is believed to be the date of transmission\]. Attached to this email are electronic copies of (1) Request 587 and (2) the Town’s initial, 2/3/14 response to that request. (if you seek the cover email that accompanied that 2/3/14 response, please advise). Additional records will follow by subsequent email. Regards, Joane Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 1 i pa TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail February 3, 2014 Martin E. O'Boyle [FAX: 954-360-0807] Re: Public Records Request #434 — Scott Morgan Communications Provide a copy of all communications and Public Records (as defined in FS Chapter 119) sent by or received by Scott Morgan of the Architectural Review and Planning Board of the Town of Gulf Stream for the period beginning January 1, 2012 through the date of this Request. The above request shall include Text Messages and E -Mails from private accounts. Dear Mr. O'Boyle, This letter is in response to the public records you have requested in your email dated January 24, 2014, that we acknowledged January 24, 2014. There are 5, 8%2 x 11, one-sided documents that are included with this fax cover page. Sincerely, Town Clerk Custodian of the Records The Town's acknowledgement of the above Public Records Request dated January 24 2014 is reproduced in the space below: TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 24, 2014 Martin E. O'Boyle [records@commerce-group.com Re: Public Records Request #434 — Scott Morgan Communications Provide a copy of all communications and Public Records (as defined in FS Chapter 119) sent by or received by Scott Morgan of the Architectural Review and Planning Board of the Town of Gulf Stream for the period beginning January 1, 2012 through the date of this Request. The above request shall include Text Messages and E -Mails from private accounts. Dear Mr. O'Boyle [records@commerce-group.com, The Town of Gulf Stream has received your public records request dated January 24, 2014. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. Our staff will review your request within the next three business days, and we will promptly send you the appropriate response or an estimated cost to respond. Sincerely, Town Clerk Custodian of the Records Town of Gulf Stream attn. William Thrasher 100 Sea Rd. Gulf Stream, FL 33483 Dear Bill: RECEIVED SCOTT W. MORGAN DEC 16 -21013 1140 N. Ocean Blvd (OM Of GulfstreamF► Gulf Stream, FL 33483 Ph (561) 243-1432 December 13, 2013 Re: Request for Input on Design Manual Changes In response to your request for input on the Design Manual, I read over the Code and, frankly, believe it to be a well written and comprehensive document that has served the Town well for many years. It gives specific guidance to architects, contractors and residents on acceptable design. I would hope a decision is made to keep the existing Manual and modify it only as needed. In particular, I believe that changing the Design Manual to eliminate the specific, itemized Requirements/Prohibitions and instead adding broad, discretion based rules would be a mistake; such rules do not give sufficient guidance and they also open up the Town to allegations of abuse of discretion. That much being said, I suggest consideration be given to modifying the following sections: Article VII, Division 2, Spanish Mediterranean Revival Style Sec. 70-218 Roofs -(d) Prohibited Add the word "metal" Delete the phrase "on the streetside " that follows solar panels Article VII, Division 3, Gulf Stream Bermuda Stvle Sec. 70-238 Roofs -(a) Required After the phrase: slate -like tile, Add "or other dark color tile." -(d) Prohibited Add the word "metal" Add "solar panels" Very truly yours, 1 ott W. org V FACSIMILE TRANSMITTAL SHEET SCOTT W. MONGAN 1140 N. Ocean Blvd GULF STRE",, FL 33483 PIS (561)-7S24936 FAX (801)-760-2'777 Date: 7-23-13 To: Town of Gulf Stream Fax: 561-737-0188 From: Scott W. Morgan Re: ,Application for Level 3 approval of Lot 5- Hidden Harbour Estates Number of pages: 3 Memo; Please fired attached my letter in opposition to this application. Would you please make copies of the letter for distribution to tate members of the ARPB? SCOTT W..2 ORGAN 1140 N. Ocean Blvd YuY!- ream, FL 33483 Ph (561) 243-.1432 July 23, 2013 To: Town of Gulf Stream Architectural .review and :Planning Board Re: Hidden Harbour Estates Lot 5 1224 N. Ocean Blvd. Dear Board Members: Please note my objection to this application for Level 3 Architectural/Site Flan Review of 8,726 sf Colonial West Indies single family dwelling. Sec, 66-144 (b)(!0)09 The proposed architectural design of this hone violates the prohibition against excessive similarity both in regard to neighboring homes and in comparison of its East and West breezeway structures_ The latter composition gives an appearance more of the wings of an aircraft than of an ocean West District home. Because the lot is long and narrow, the applicant has attempted to create useable space by symmetrically loading the farthest East and West sides of the property. The result is a forced balance that gives the appearance of outstretched arms on a measuring scale_ The long breezeways, nearly 27' each, only heighten the sense of awkward balance between the two ancillary buildings. 2. Sec. 70-4 (c)(4) and Sec. 70-29 (b)(3) This long, narrow and drawn out house design also conflicts with the Code's prohibition against excessive similarity to neighboring homes, which by definition then conflicts with the Code's prohibition against applications that "do not maintain the desired character or duality of the zoning district within which they are located ...."(Art. 'I, Sec. 70-4 (c )(4)). The Ocean West District is characterized by "bits that are set back great distances from the road ... the homes and landscape features lend a formal, elegant and estate -like feel to the lots in the district." (Art. II, Sec. 70-29 (b)(3)}. The homes of this District have a unique, separate character that helps define the Town of Gulf Stream. The similarity of lots inside Hidden Harbour Estates—all of which are rectangular, long East to West, and narrow, and which lay next to each other life two rows of domino tiles --has from its conception risked the potential of turning into a gated- community sub -division, typical of large home neighborhoods in Boca Raton and West Delray Beach. The previous three Hidden Harbour Estates homes approved by the ARPB were all corner lots and so Were evaluated on their own, rather than in juxtaposition to homes on adjacent lots. The current application for Lot 5 is a middle lot, and is sandwiched between two approved homes, each of which employs the now ubiquitous long, narrow, rectangular design. In order to preserve the integrity of the Ocean West District character, and to prevent an over -crowding of similar homes inside Hidden. )Harbour Estates, I ask that the Level 3 Architectural/Site Plan Review of Lot 5 be denied, and request that the applicant re -submit a house design consistent with the Gulf Stream Code. Very truly yours, ott W Marga Bill Thrasher From: Bill Thrasher Sent: Friday, January 24, 2014 5:36 PM To: 'records@commerce-group.com' Subject: Public Records Request #434 — Scott Morgan Communications Attachments: Public Records Request #434 — Scott Morgan Communications_intake.pdf Transmission Report Date/Time 02-03-2014 03:17:11 p.m. Transmit Header Text Local ID 1 5617370188 Local Name 1 Fax This document: Confirmed (reduced sample and details below) Document size : 8.5"x11 " TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail February 3, 2014 Martin E. O'Boyle [FAX: 954-360-0807] Re: Public Records Request #434 — Scott TUorgan Communications Provide a copy grall communications and public Records (as defined in FS Chapter 119) sent by or received by Scott Morgan ofthe Arehitectural Review and Plann ing Board of the Town of GstfSt4reawfor the period beginningJanva y 1, 2012 through the date oflhlsRequest. The above request shall include Text Messages andE-Mails from privote accounts. Dear Mr. O'Boyle, This letter is in response to the public records you have requested in your email dated January 24, 2014, that we acknowledged January 24, 2014. There are 5, B%2 x 11, one-sided documents that are included with this fax cover page, Sincerely, Town Clerk Custodian of the Records Total Pages Scanned : 8 Total Pages Confirmed : 8 No. Job RemateStation StartTimeDuration Pages Line Mode Job Type Results 001 443 19543600807 03:14:50 p.m.02-03-2014 00:01:46 8/8 1 EC HS CP24000 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print CP: Completed TS: Terminated by system HR: Host receive PR: Polled remote RP: Report FA: Fail G3: Group WS: Waiting send MS: Mailbox save FF: Fax Forward TU: Terminated by user EC: Error Correct 5617370188 Fax 03:15.28 p.m. 02-03-2014 118 TowN of GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via &4a" February 3, 2014 Martin E. O'Boyle [FAX: 954-360-0807] Re: Public Records Request #434 — Scott Morgan Communications Provide a copy of all commtmications and Public Records (as defuned in F'S Chapter 119) sent by or received by Scott Morgan of the Architectural Review and Planning Board of ti►e Town of Gulf Stream for the period beginning January 1, 2012 through the date of this Request. The above request shall include Text Messages and E Mails from private accounts. Dear Mr. O'Boyle, This letter is in response to the public records you have requested in your email dated January 24, 2014, that we acknowledged January 24, 2014. There are 5, 8'l2 x 11, one-sided documents that are included with this fax cover page. Sincerely, Town Clerk Custodian of the Records 5617370188 Fax 03:16:07 p.m. 02-03-2014 418 6> -RECEIVED -1 SCOTT W. MORGAN DEC 16 2013 1144 N. Ocean Blvd Town of Gulfstream, FL Gulf Stream, FL 33483 Ph (561) 243-1432 December 13, 2013 Town of Gulf Stream attn. William Thrasher 100 Sea Rd. Gulf Stream, FL 33483 Re: Request for Input on Design Manual Changes Dear Bill: In response to your request for input on the Design Manual, I read over the Code and, frankly, believe it to be a well written and comprehensive document that has served the Town well for many years. It gives specific guidance to architects, contractors and residents on acceptable design. I would hope a decision is made to keep the existing Manual and modify it only as needed. In particular, I believe that changing the Design Manual to eliminate the specific, itemized RequirementslProhibitions and instead adding broad, discretion based rules would be a mistake; such rules do not give sufficient . guidance and they also open up the Town to allegations of abuse of discretion. That much being said, I suggest consideration be given to modifying the following sections: Article VII, Division 2. Spanish Mediterranean Revival Style Sec. 70-218 Roofs -(d) Prohibited Add the word "metal" Delete the phrase "on the streetside " that follows solar panels Article VII, Division 3, Gulf Stream Bermuda Style Sec. 70-238 Roofs -(a) Required After the phrase: slate -like tile, Add "or other dark color tile." 5617570188 Fax 03:16:23 p.m. 02-03-2014 5/8 -(d) Prohibited Add the word "metal" Add "solarpanew, Very truly yours, jOtt�%Y� W. rg q 5617370188 Fax 03:16:27 pm. 02-03-2014 FA,CSIMII.E TRANSiV MAL STIRET SCOTT W. MORGAN 1140 N. Oaean .81vd GULFSTRE",, FL 33483 PH (36f)-75,21936 FAX (807)-750-2777 Date: 7-23-13 To: Town of Gulf Stream Fax: 561-737-0188 From: Scott W, Morgan Re: Application for Level 3 approval of Lot 5- Hidden Harbour Estates Number of pages: 3 Memo: Please find attached my letter in opposition to this application. Would you please make copies of the letter for distribution to the members ofthe.ARPH? 6!8 . 4 5617370188 Fax 03:16:38 p.m. 02-03-2014 718 SCOTT W. MORGAN 1140 N. Ocean Blvd GalfS&eany .FL 33483 Ph (S61) 243-1432 July 23, 2013 To. Town of Gulf Stream Architectural Review and Planning Hoard Re: Hidden Harbour Estates Loi S 1224 N. Ocean Blvd. Dear Board Members: Please note my objection to this application for Level 3 Architectural/Site Plan Review of a 8,726 sf Colonial West Indies single family dwelling. Sec, 66-144 (b)(100 The proposed architectural design ofthis home violates the prohibition against excessive similarity both in regard to neighboring homes and in comparison of its East and West breezeway structures. The latter composition gives an appearance more of the wings of an aircraft than ofan Ocean West District home. Because the lot is long and narrow, the applicant has attempted to create useable space by symmetrically loading the farthest East and West sides of the property. The result is a forced balance that gives the appearance of outstretched arms on a measuring scale. The long breezeways, nearly 27' each, only heighten the sense of awkward balance between the two ancillary buildings. 2. Sec. 70-4 (c)(4) and Sec. 70-29 (6)(9) This long, narrow and drawn out house design also conflicts with the Code's probibition against excessive similarity to neighboring homes, which by definition then conflicts with the Codc's prohibition against applications that "do not maintain the desired character or quality of the zoning district within which they are located... ."(Art. 1, Sec. 70-4 (c )(4)). The Ocean West District is characterized by "lots that are set back great distances from the road ... the homes and landscape features lend a formal, elegant and estate -like feel to the lots in the district" (Art. U, Seo. 70-29 (b)(3)). The homes ofthis District have a. unique, separate character that helps define the Town of Gulf Stream. The similarity of lots inside Midden Harbour Estates—all of which are rectangular, long East to West, and narrow, and which lay next to each other like two rows of domino tiles—has from its conception risked the potential of turning into a gated- r 5617370188 Fax 03:16:58 p.m. 02-03-2014 818 community sub -division, typical of large home neighborhoods in Boca Paton and West Delmy Beach. The previous three Hidden Harbour Estates homes approved by the ARPB were all Corner lots and so were evaluated on their own, rather than in juxtaposition to homes on adjacent lots. The current application for Lot 5 is a middle lot, and is sandwiched between two approved homes, each of which employs the now ubiquitous long, narrow, rectangular design. In order to preserve the integrity of the Ocean West Aistriat character, and to prevent an over -crowding of similar homes inside Hidden Harbour Estates, I ask that the Level 3 Architectural/Site Plan Review ofLot 5 be denied, and request that the applicant re -submit a house design consistent with the Gulf Stream Code. Very truly yours, " ott W Morga Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Friday, December 8, 2017 4:00 PM To:Jonathan O'Boyle Cc:Renee Basel; Trey Nazzaro; Macfarlane, Mary Subject:Gulf Stream PRR GS 2604 Dear Jonathan – Please allow this email to respond in part to your Public Records Request to the Town of Gulf Stream that seeks the following: Electronic Copies of: (1) Town of Gulf Stream Request 587; (2) the initial response given to Request 587 on or about 2/3/2014; (3) any communication from Jones Foster to the O’Boyle Law Firm regarding Request 587 between March 1, 2014 and March 25, 2014 \[particularly from Ashlee Richman\]; (4) the cover page and public records transmitted to the O’Boyle Law Firm in March 2014 by Jones Foster in response to Request 587 and/or because of the litigation initiated pursuant to this request \[tip: March 12, 2014 is believed to be the date of transmission\]. Below is a sharefile link to electronic copies of public records transmitted to the O’Boyle Law Firm on March 12, 2014 in response to Request 587. Those public records were hand delivered and not accompanied by a cover letter. Their receipt was acknowledged by Attorney Mesa as reflected in the emails that will be produced in response to part (3) of your request. https://jones-foster.sharefile.com/d-s3bde9f85df947c38 Regards, Joanne Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 1 FACSIMILE TRANSMITTAL SHEET SCOTT W. MORGAN .1140 N. Ocean P.Ivd GULFSTREAM, FL 33483 PH (S61)-752.1, 936 FAX (801)-760-2777 Date: 7-23-13 '.><'o: Town of Gulf Stream Fax: 561-737-0188 From: Scott W. Morgan Re: Application for revel 3 approval of Lot 5- Hidden Harbour Estates Number of pages: 3 Memo: Please find attached ;my letter in opposition to this application. Would you please make copies of the letter for distribution to the members of the A PB? SCOTT W. MORGAN 1140 N Ocean Blvd Gulf Stre=4 FL 33483 Ph (561) 243-1432 July 23, 2013 To: Town of Gulf Stream Architectural Review and Planning Board Re: Hidden Harbovr :Estates Lot 3 1224 N. Ocean Blvd. Dear Board Members: Please note my objection to this application for Level 3 Acchitectural/Site Plan Review of a 8,726 sf Colonial West Indies single family dwelling. Sec. 66-144 (b)(10){1) The proposed architectural design of this home violates the prohibition against excessive similarity both in regard to neighboring homes and in comparison of its East and West breezeway structures. The latter composition gives an appearance more of the wings of an aircraft than of an Ocean West District home. Because the lot is long and narrow, the applicant has attempted to create useable space by symmetrically loading the farthest East and West sides of the property. The result is a forced balance that gives the appearance of outstretched arms on a measuring scale. The long breezeways, nearly 27' each, only heighten the sense of awkward balance between the two ancillary buildings. 2. Sec. 70-4 (c)(4) and Sec. 70-29 (b)(3) This long, narrow and drawn out house design also conflicts with the Code's prohibition against excessive similarity to neighboring homes, which by definition then conflicts with the Code's prohibition against applications that "do not maintain the desired character or quality of the zoning district within which they are located, _.."(Art. L Sec. 70-4 (c )(4)). The Ocean West District is characterized by "lots that are set back great distances from the road ... the homes and landscape features lend a formal, elegant and estate -like feel to the lots in the district." (Art, II, Sec. 70-29 (b)(3)),, The homes of this District have a unique, separate character that helps define the Town of Gulf Stream. The similarity of lots inside Midden Harbour Estates—all of which are rectangular, long East to West, and narrow, and which lay next to each other like two rows of domino tiles—has from its conception risked the potential of turning into a gated- community sub -division, typical of large home neighborhoods in Boca Raton and West Delray Beach,. The previous three Hidden Harbour Estates homes approved by the ARPB were all corner lots and so were evaluated on their own, rather than in juxtaposition to homes on adjacent lots. The current application for Lot 5 is a middle lot, and is sandwiched between two approved homes, each of which employs the now ubiquitous long, narrow, rectangular design. b order to preserve the integrity of the Ocean West District character, and to prevent an over -crowding of similar homes inside hidden Barbour Estates, I ask that the Level 3 Axchitectural/Site Plan Review of Lot 5 be denied, and request that the applicant re -submit a house design consistent with the Gulf Stream Code. Very truly yours, ott W Morga CHAIRMAN: VICE CHAIRMAN: BOARD MEMBER: ALTERNATE MEMBER Robert Ganger Scott Morgan Paul A. Lyons, Jr. Thomas Smith Malcolm Murphy Amanda Jones Thomas M. Stanley January 19. 2012 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, JANUARY 26, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Roll Call. III. Minutes of the Regular Meeting and Public Hearing 12-22-11. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. February 23, 2012 @ 8:30 A.M. b. March 22, 2012 @ 8:30 A.M. C. April 26, 2012 @ 8:30 A.M. d. May 24, 2012 @ 8:30 A.M. e. June 28, 2012 @ 8:30 A.M. f. July 26, 2012 @ 8:30 A.M. VI. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Mark Marsh, Bridges Marsh & Associates, as Agent for Mr. & Mrs. Curtiss Roach, the owners of property located at 3560 Gulf Stream Road, Gulf Stream, Florida, 33483, which is legally described as Lot 3, Block 2, Polo Fields. a. SPECIAL EXCEPTIONS to permit two, one-story additions to the existing one-story Gulf Stream Bermuda style single family dwelling, each of which would encroach 2.3 feet into the north side setback, and also to permit a single story addition to the same dwelling that would encroach 2.8 feet into the south side setback. b. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit the construction of three one-story additions, 809 square feet, to the existing one-story Gulf Stream Bermuda style single family dwelling with two of the additions encroaching 2.3 feet into the north side setback and one addition encroaching 2.8 feet into the south side setback, and to permit the reconfiguration of the driveway. VII. Items Related to Previous Approvals. A. Revision of an approved renovation at 554 Palm Way submitted by Mark Marsh as Agent for Mr. & Mrs. James Davis to permit the elimination of a 2 -story garage with storage/guest room and the addition of a second story above the existing garage for storage/guest room. AGENDA CONTINUED VIII. Items by Staff. A. Proposed Zoning Code Changes 1. Section 70-238, Roofs 2. Section 70-100, Roof & Eave Heights 3. Section 70-51, Minor Accessory Structures 4. Section 66-367, Swimming Pools 5. Section 66-369, Docks 6. Section 66-1, Definitions 7. Section 70-71, Floor Area Ratio 8. Section 70-68, Lot Size & Dimensional Requirements 9. Section 70-4, How To Use This Manual IX. Items by Board Members. X. Public. XI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, DECEMBER 22, 2011 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order 8:30 A. M. II. Roll Call. Present and Participating Absent w/Notice Also Present and Participating Chairman Ganger called the Meeting to order at Robert W. Ganger Scott Morgan Thomas Smith Malcolm Murphy Thomas M. Stanley Amanda Jones Paul Lyons, Jr. William H. Thrasher Rita L. Taylor John Randolph Hassan Tajalli of Ames Architectural Design William Allis Tom Laudani of Seaside Builders Marty Minor of Urban Design Kilday Studios Chairman Vice -Chairman Board Member Board Member Alternate Member Alternate Member Board Member Town Manager Town Clerk Town Attorney Agent for McCrady 3883 Bermuda Lane 46 Agent for Arscott & Harbor View Estates Town Consultant III. Minutes of the Regular Meeting and Public Hearing of 11-17-11. Mr. Smith moved and Vice -Chairman Morgan seconded to approve the Minutes of the Regular Meeting and Public Hearing of November 17, 2011. There was no discussion. Roll Call: Mr. Stanley, AYE; Vice -Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. IV. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes to the Agenda. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. January 26, 2012 @ 8:30 A.M. b. February 23, 2012 @ 8:30 A.M. C. March 22, 2012 @ 8:30 A.M. d. April 26, 2012 @ 8:30 A.M. e. May 24, 2012 @ 8:30 A.M. f. June 28, 2012 @ 8:30 A.M. There were no conflicts with meeting schedule. Chairman Ganger asked Clerk Taylor if any applications have been submitted for the January 26th Public Hearing. Clerk Taylor said there were no applications at this time. Chairman Ganger announced that he would request declarations of ex -parte communication prior to each matter for public hearing. He asked if Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 2 there has been ex -parte communication concerning the application by Hassan Tajalli for Mr. and Mrs. McCrady. Chairman Ganger stated that he only drove by the property. There were no additional declarations of ex -parte communication. Clerk Taylor administered the Oath to Hassan Tajalli, William Allis, Tom Laudani and Marty Minor. VI. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Caroline Rudolf or Hassan Tajalli as agent for Mr.& Mrs. William McCrady, owners of the property located at 3883 Bermuda Lane, Apt. 8, Gulf Stream, Florida, which is legally described as Bermuda Club of Gulf Stream Condo 48, to consider the following: a. VARIANCE to permit the addition of outside emergency stairs attached to the south end of the existing building that will encroach three feet (3') into the required fifteen foot (15') setback. b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the addition of aluminum emergency stairs attached to the south end of the existing building which would encroach approximately 3' into the required setback. Mr. Tajalli introduced himself and stated that he represents Mr. and Mrs. McCrady in this matter. He said the McCradys feel that, in the event of an emergency, they may not be able to safely exit their unit and are requesting a variance to add outside emergency stairs to be bolted to the south end of the existing building. Mr. Tajalli said the emergency stairs will be accessed from their master bedroom through a window which will be converted to a swing -out, lockable door and will match the main entry door. Mr. Tajalli stated that a neighbor reviewed the initial drawings which indicated a protrusion of almost 4' past the edge of the building and he was concerned that the protrusion would impact his privacy and property value. He explained that there was enough space to push the stairs back so that they now clear the corner of the building and the only extension is to the south, which is heavily vegetated and has the least amount of traffic. Mr. Tajalli said the stairs will not be obtrusive to the landscaping; however, they may have to cut out a portion of the sodded area and replace it with concrete pads in order to bolt down the stairs. Mr. Smith asked about the existing storage units. Mr. Tajalli said the shed area will be removed and totally eliminated. Chairman Ganger asked about the construction timeframe, including the construction to convert the window to a door. Mr. Tajalli said it would be about two days. Mr. Tajalli asked that the Board consider the age and health of the occupants and explained that Mrs. McCrady has health issues, she recently had hip surgery and she suffers from anxiety. Vice -Chairman Morgan said this is a variance to the Code and in order to qualify for a variance the applicant must meet all eight (8) hardships. He said the Town Manager Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 3 believes this application does not appear to comply with five (5) code sections. Vice -Chairman Morgan said he believes there are three (3) sections that are not proven and that there is nothing unique or different from others where they are suffering some sort of disadvantage by the original design of the building. Mr. Randolph said that hardship runs with the land and not the individual. Chairman Ganger asked Clerk Taylor if there were any comments from neighbors. Clerk Taylor said that Mr. Allis, who is present at this hearing, stopped by Town Hall to review the drawings and had some objections. Chairman Ganger asked Mr. Tajalli if he thought others in the building would come forward with the same request if this were approved and Mr. Tajalli said it is possible. Mr. Smith asked if the Condo Association had addressed this matter. Mr. Tajalli said Mrs. McCrady gave him a letter of authorization from the Association. Mr. Stanley said if the Town approves this application the Condo Association still has the right to reject it. He asked Mr. Tajalli if they discussed moving the stairs. Mr. Tajalli said they want them in the proposed location because the only window is in the master bedroom. Chairman Ganger asked how they would currently exit their unit in an emergency. Mr. Tajalli explained that the only door exits from the kitchen area onto a catwalk and then down a stair case to the sidewalk. Mr. William Allis introduced himself saying he resides in Unit 46 which is just below the McCradys in Unit 48. He said he just learned of this construction a week ago and it was unacceptable as it was first presented because he felt it would intrude on his privacy and lower his property value. Mr. Allis also stated that he is on the Association Board and he said it was mentioned that this is what the McCradys were asking for, but the Board has not specifically voted on this. He said his concerns have been resolved and he no longer objects, but he was looking for information because he believes there is a pipe in that location which cannot be found. Chairman Ganger asked Clerk Taylor if there was a survey issue and Clerk Taylor said she asked the architect for a new survey and they had one done just for that corner. Mr. Thrasher stated that his report stands as submitted and that his recommendation is for the Board to recommend denial of the request for a variance in that a hardship has not been proven on items 1, 2, 4, 7 & 8. Mr. Smith moved and Vice -Chairman Morgan seconded to recommend denial of a variance to permit the addition of outside emergency stairs attached to the south end of the existing building that will encroach three feet into the required fifteen foot setback based on the finding that required variance standards 1, 2, 4, 7, and 8 are not met. There was no discussion. Roll Call: Mr. Stanley, AYE; Vice -Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. Mr. Smith moved and Vice -Chairman Morgan seconded to recommend denial of a Level III Architectural/Site Plan to permit the addition of aluminum emergency stairs attached to the south end of the existing building which will encroach approximately 3' into the required setback based on the finding that the required variance standards 1, 3, 4, 7 and 8 are not Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 4 met. There was no discussion. Roll Call: Mr. Stanley, AYE; Vice - Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. Clerk Taylor stated that the Town Commission will hear this application at their Regular Meeting and Public Hearing which is scheduled for Friday, January 13, 2012 at 9:00 A.M. 2. An application submitted by Seaside Builders, Tom Laudani, as agent for John Arscott, owner of property located at 582 Palm Way, Gulf Stream, Florida, legally described as Lots 24 and 23A Polo Cove Subdivision, Gulf Stream, Florida. a. SIGN REVIEW to permit installation of a contractors sign, Seaside Builders, at the above address that shall not exceed 2 square feet in size and be white background with black lettering. Chairman Ganger asked for declaration of ex -parte communication. There were no declarations. Tom Laudani of Seaside Builders introduced himself and explained that he is requesting a standard contractors sign at 582 Palm Way which will be 2 SF in size and will conform to Town Code. Vice -Chairman Morgan moved and Mr. Murphy seconded to approve a sign permit for erection of a contractors sign based on a finding that the proposed sign meets the requirements of Code Section 66-447, subject to a maximum height of 4' and maximum 2 SF sign size. There was no discussion. Roll Call: Mr. Stanley, AYE; Vice -Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. 3. An application submitted by Seaside Builders, Tom Laudani, as agent for Harbor View Estates, owner of property located at 1220 North Ocean Blvd., Gulf Stream, Florida, legally described as Lots 4, 5 & N. 96' of 6, Golf Course Addition, Gulf Stream, Florida a. SIGN REVIEW to permit installation of a contractors sign, Seaside Builders, at the above address that shall not exceed 2 square feet in size and be white background with black lettering. Chairman Ganger asked for declaration of ex -parte communication. There were no declarations. Mr. Laudani explained that he is requesting a standard contractors sign at 1220 N. Ocean Blvd. which will be 2 SF in size and will conform to Town Code. Vice -Chairman Morgan asked if there is any construction going on at this point. Mr. Laudani said the gates are up, they are working to stabilize the site and the property has been seeded. He said road construction is expected to begin within the next six weeks. Mr. Laudani said the sign will identify the site and will indicate Seaside as the exclusive builder. He said the sign will remain through the completion of construction, including the construction of homes. Mr. Laudani said realtors will have individual signs which will be separate from the contractors sign. Vice -Chairman Morgan commented that several vehicles have been parked there. Mr. Laudani said he was aware of that, but they are not associated with Seaside Builders. He said no work vehicles will be Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 5 parked there until such time as the hammerhead construction begins. Chairman Ganger asked Clerk Taylor if the Town has received the drawings and architectural history which was previously requested by the ARPB. Clerk Taylor confirmed that it has been received. Mr. Thrasher asked Mr. Laudani if they will be doing any irrigation. Mr. Laudani said he realizes there have been complaints about the dusty conditions due to the seed being folded into the top soil and he assured the Board that watering would begin no later than Tuesday, December 27th. Mr. Thrasher said sooner would be best. Vice -Chairman Morgan moved and Mr. Murphy seconded to approve a sign permit for erection of a contractors sign based on a finding that the proposed sign meets the requirements of Code Section 66-447, subject to a maximum height of 4 feet and a maximum 2 SF sign size. There was no discussion. Roll Call: Mr. Stanley, AYE; Vice -Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. VII. Items by Staff. A. Recommended Comprehensive Plan Amendments 1. Future Land Use Element 2. Transportation Element 3. Housing Element 4. Infrastructure Element a. Sanitary Sewer Sub -Element b. Solid Waste Sub -Element C. Drainage & Natural Groundwater Aquifer Recharge Sub - Element d. Potable Water Sub -Element 5. Coastal Management Element 6. Conservation Element 7. Recreation & Open Space Element 8. Intergovernmental Coordination Element 9. Capital Improvement Element Marty Minor of Urban Design Kilday Studios prepared a Summary of Amendments to the Town of Gulf Stream Comp Plan which was distributed to the ARPB Members in their meeting packet. He said the Town Commission reviewed the proposed amendments to the Comp Plan and Zoning Code at their December meeting and their direction was to move forward and present the proposed amendments to the Architectural Review and Planning Board (ARPB). Mr. Minor explained that the ARPB will make their recommendations to the Local Planning Agency (LPA). The LPA will decide whether to send the amendments to the State and other required agencies, such as the Treasure Coast Regional Planning Council and Palm Beach County. The agencies will have 30 days to review the amendments and make comments and then it will come back to the Town. The Town Commission will then make the decision to either adopt or deny the amendments. Mr. Minor said the annexation of 16.6 acres created changing conditions within the Town and, in addition, the State Legislature has made massive changes to their growth management plan. He said the University of Florida (BEER) estimates that 98 permanent residents live within the Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 6 annexed area, which includes 102 existing dwelling units, 34 approved but not yet built units, and less than an acre of vacant land. The annexed area currently has a future land use designation of Palm Beach County HR -12 (High Residential -12) which allows 12 units per acre. Mr. Minor said the recommendation is to change that to the Town's current future land use of MF (Multi -Family), which allows 5.7 units per acre and is consistent with other multi -families within the Town. He said no commercial or industrial future land uses exist or are projected for Gulf Stream and that the Town of Gulf Stream is essentially built -out and will experience only minor fluctuations in populations. Mr. Minor said the Level of Service for the provision of recreation facilities, private and public, will be revised from 0.23 acre per person to 0.1 acre per person, noting that the general standard is 5 acres of recreation per 1000 residents. Chairman Ganger asked if the general standard differentiates between recreational areas which are open to the public versus those that are private. Mr. Minor said it does differential and he stated that one of the options provided through growth management legislation is to be able to review and incorporate this information into the Comp Plan. He said someone could convert a recreational facility into something else without affecting the level of service, but if they did so at the present time they would have to amend the Town's Comp Plan to address that type of provision of recreational services. Chairman Ganger said he was not sure that the Comp Plan should contemplate population growth. He said Gulf Stream does not want to grow and the reason the Town decided to annex the 16.6 acres of unincorporated Palm Beach County was to prevent that area from overgrowth. Mr. Minor pointed out some additional items saying that during the summer the State Legislature made concurrency optional. He said none of the local governments took that option, they are still part of the concurrency system and the Town is taking this opportunity to strengthen their concurrency management system within its Comp Plan. With regard to non -conforming densities, Mr. Minor said there are densities ranging from 8 units to 16.5 units per acre within the annexed area and the Town's density is 5.7 units per acre. He said there is a clause in the Comp Plan that if an entire building was destroyed due to a hurricane or an act of God they can rebuild as is. In addition, he said throughout the Comp Plan some of the time frames have been eliminated, such as those associated with certain actions or studies for situations involving historic preservation or the creation of standards for the citing of group homes. The State Law has changed and, although it is still a goal within the State Growth Management Laws, there is no longer an emphasis on immediacy, which allows local governments to decide when they want to move forward with such studies. Chairman Ganger commented that not long after the first Comp Plan a goal was set to have historic preservation as a guide in the decision process in situations such as the Spence Estate. He said there should be something in the Comp Plan concerning historic preservation before the Town loses more of their historic homes. Chairman Ganger also commented that there are issues with group homes and he feels the Town should be Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 7 vigilant with regard to transient rentals, be aware of the situation facing the City of Delray Beach and take action. Vice -Chairman Morgan asked Chairman Ganger what he proposes. Chairman Ganger said he mentioned to Mr. Minor in a telephone conversation that the premise should be consistent with the Town's beliefs and more articulate in putting forth what is important to the Town. Vice -Chairman Morgan asked Mr. Minor if the Delray Beach group home situation could occur in the Town of Gulf Stream. Chairman Ganger said he has spoken to several attorneys who say it could already be in planning stages without the Town being aware. Mr. Thrasher said the timeframe for these studies has been eliminated, but not the potential to study and make changes in these areas. He asked Mr. Minor to explain the timeframes. Mr. Minor said the timeframe under the older growth management regulations required towns to meet and adopt certain standards, such as group home citings, home-based occupations, rentals less than 3 months and commercial uses, which are all prohibited in the Zoning Code. Timeframes were required for communities without specific regulations which the State wanted to include in all comp plans and rather than making communities adopt regulations immediately the State's focus in review of comp plans is on larger issues of State concern. Mr. Minor said he took the opportunity to eliminate the timeframes, but not the desire to adopt specific regulations. Chairman Ganger said he would like the ARPB to have more time to put their thoughts together and clean up the Comp Plan before making their recommendations to the LPA. He said he would like an opportunity to address fundamental issues to give the LPA substantial goals and planning guidelines. Clerk Taylor said she does not disagree, but understood that when the annexation took place there were some time constraints in bringing the Comp Plan up to reflect the annexation. She said while there are other issues that should be considered, we should move forward now and continue with other issues later. Clerk Taylor said there are no limits on the number of Comp Plans submitted. Mr. Minor said there are some studies to be done and the Board can address some of the other issues under the Zoning Code where those types of regulations occur. He suggested that the Board make their recommendations to the LPA with the proposed amendments they have before them at this time, including any suggested changes. Mr. Randolph said the ARPB has a responsibility to deal with the density issue in a reasonable time and urged the Board to move forward with the proposed amendments now and address other issues later. Both Chairman Ganger and Vice -Chairman Morgan suggested that ARPB members meet to share ideas on some of the issues. Mr. Randolph said the ARPB can hold a workshop, but it would be in violation of the Sunshine Law for members to meet with each other outside of a meeting. Mr. Thrasher said his recommendation is for the ARPB to move forward with the proposed amendments as submitted by Mr. Minor. Chairman Ganger said he would rather hold off on making their recommendations because there are mistakes in the proposed amendments and he would prefer to Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 8 fine tune them before recommending them to the LPA. It was the consensus of the Board and Staff that there would not be enough time to hold a workshop, submit changes to Urban Design and have everything ready to distribute in the Commission meeting packets. Clerk Taylor explained that if the ARPB moves forward in recommending the proposed amendments as submitted, the Commission will have 1st reading of the Ordinance to be able transmit the amendments to the DCA and other required agencies on January 13th. Following the response from the DCA and other agencies which should be within 30 days, the Commission will review and address their comments and have a 2nd reading of the Ordinance for adoption of the Comp Plan Amendments. Chairman Ganger said he is uncomfortable with that timetable. Mr. Randolph asked Mr. Minor if elements that do not relate to the annexed area could be put off at this point in order to allow the ARPB to deal with elements that do relate to the annexation, such as future land use and transportation, in order to move forward. Mr. Minor said yes because, generally, future land use is the main focus. He said, however, because of an increase in population, there could be an issue if someone were to ask how the sanitary elements and infrastructure would be impacted. Chairman Ganger said the Town has commercial enterprise which can be converted into a group home with transients who are part owners. Mr. Randolph said the Board could move forward with the proposed amendments with the understanding that there are concerns with certain elements which the ARPB will be addressing to make changes. Vice -Chairman Morgan moved and Mr. Murphy seconded to recommend approval of the Summary of Amendments to the Town of Gulf Stream Comprehensive Plan as submitted. Roll Call: Mr. Stanley, AYE; Vice -Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. Vice -Chairman Morgan moved and Mr. Murphy seconded a motion to allow the Architectural Review and Planning Board to request authority from the Town Commission to hold a Workshop for the purpose of reviewing additional changes and amendments to the Gulf Stream Comp Plan to submit adjustments to the Commission. Roll Call: Mr. Stanley, AYE; Vice -Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. Mr. Randolph said, if the Board has no objection, Chairman Ganger could bring any mistakes in the proposed amendments to Mr. Minor's attention and, as long as they are not substantive, Mr. Minor can make the changes before the January meeting. The consensus of the Board was that they had no objections. Mr. Thrasher said he would prefer that Chairman Ganger brought the changes to Clerk Taylor to prepare them for Mr. Minor. Mr. Smith suggested having a workshop at the next ARPB Meeting if the Agenda is minimal. Clerk Taylor said she does not favor workshops because no motions can be made. Mr. Randolph suggested calling it a Special Meeting. B. Code Review 1. Section 66-369 Docks (7); Pg. CD66:71 Materials & colors. Materials & colors of docks & ancillary structures shall be considered as part of Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 9 architectural review and planning board consideration and shall be maintained as approved. 2. Section 70-51 Minor accessory structures (2); Page CD70:24 In -ground swimming pools and spas 3. Section 70:238. Roofs (a); Page CD70:93 Required. White flat untextured tile, except that gray slate or slate -style may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences subject to Level II approval. 4. Section 70-100. Roof and eave heights Define preferred, discouraged and prohibited height of entry feature. Mr. Thrasher said these items have been accumulating for review by the ARPB. He said the first step would be recommendations concerning these items from the ARPB to the Commission. Chairman Ganger said that because the roof issue has been a hot subject it should be addressed. He said he would like to discuss the process for a code amendment that would preclude or mitigate subdivision of lots that currently exceed 1 acre into smaller subdivision. Chairman Ganger said the subdivision of the Spence property initiated a lot of talk in the community and he suggested that the subdivision of lots be added to the list of items up for discussion. Mr. Randolph said that the size of a lot is addressed in the Zoning Ordinances which allows subdivision a property as long as it meets existing Code requirements. He said there is case law that says you cannot deny subdivision if it meets your existing Code and, therefore, you will need to modify the Zoning Code. Vice -Chairman Morgan said he believes the Town Code does allow denial and Section 70, Subsection 4 addresses the matter, but it fell on deaf ears in the application for subdivision of the Spence property. Mr. Randolph said he did not believe the section to be applicable; however, he said it can be added as an item for discussion in the future if the Board would like to tighten it up. Mr. Thrasher said he would like to get the discussion started today on the items listed on the agenda. Chairman Ganger said they will discuss the items listed and he also suggested adding the subdivision item. He added that he would like Staff to have the assignment of identifying property in the Town that could potentially be subdivided. Mr. Thrasher said there are properties that could be subdivided, but he did not know how many. Vice -Chairman Morgan said he would also like to explore whether Section 70, Subsection 4 would allow this Board to limit further subdivision of properties that can be subdivided. He also suggested that FAR Standards be reviewed again. Mr. Stanley clarified that the Board would like to identify properties that can be subdivided and look into whether it is feasible to do an overlay including those properties and change the regulations to a certain point where if someone wanted to redevelop those properties against the code it would be a privately initiated LDR amendment. Mr. Randolph said this matter should be more broadly approached and asked the Board if they want to add this item to the list. Chairman Ganger said he would like it added to the list and he would like the Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 10 roof item to be a priority to prevent another resident from approaching the Board for the slurry -coated tile. Mr. Randolph said that cannot happen due to zoning in progress. Mr. Thrasher said these items are addressed in sections of the Code that have caused many issues in interpretation. Chairman Ganger asked Mr. Thrasher to summarize the issues with Section 66-369 Docks and Ancillary Structures in terms of materials and colors. Mr. Thrasher said the Board will discuss the specifics of whether a dock can be concrete or made from real or false wood, acceptable colors of docks, if any, and the extension of 5' from the water line. Vice -Chairman Morgan said he has added FAR and subdivision consideration items. Mr. Smith said that Mr. Thrasher previously informed the Board that they do not have the authority to regulate driveway elevations, but asked whether this matter should be added to the list for discussion. Mr. Thrasher said it is something to discuss, but he will have Marty Minor look into whether the Town can legally regulate driveway elevations. Vice -Chairman Morgan said that all of these items can be fairly involved and suggested taking one item per meeting for discussion. He asked if the ARPB is authorized to direct Mr. Minor to investigate and report on these issues. Mr. Thrasher said we have historically operated that way and are authorized to do so, and he added that some of the items will be controversial and some will not, such as pools and grottos. Clerk Taylor said most of the items on this list have already been discussed and staff has been authorized to do something about them. Chairman Ganger recommended the roof issue be scheduled for the next meeting and asked the Board and Staff to be prepared. Clerk Taylor suggested considering the eave heights for discussion at the next meeting also. VIII. Items by Board Members. There were no items by the Board Members. IX. Public. There were no items by the Public. X. Adjournment. Chairman Ganger adjourned the meeting at approximately 10:30 A.M. Gail C. Abbale Administrative Assistant TOWN OF GULF STREAM ARCHITECTURAL REVIEW AND PLANNING REPORT Application #: 012-01 Owner: M/M Curtiss Roach Address: 3560 Gulf Stream Rd Agent: Mark Marsh, Bridges, Marsh & Associates Proposed Improvement: Construction of three one-story additions to the existing one-story Gulf Stream Bermuda style single family dwelling. Approvals Requested: Special Exception: To permit two, one-story additions to the existing one- story Gulf Stream Bermuda style single family dwelling, each of which would encroach 2.3 feet into the north side setback, and also to permit a single story addition to the dwelling that would encroach 2.8 feet into the south side setback. Level III Architectural/Site Plan: To permit the construction of three one-story additions, 809 SF, to the existing one-story Gulf Stream Bermuda style single family dwelling with two of the additions encroaching 2.3 feet into the north side setback and one addition encroaching 2.8 feet into the south side setback, and to permit the reconfiguration of the driveway. Gross Lot Size: 15,030 SF Effective Lot Area: 15,030 SF Proposed Total Floor Area: 3,899 SF Allowable: 4,959 SF Zoning District: RS -C Considered During Review: Height: 15' existing Section 70-75. Special exception setbacks. (c) Additions to structures with existing nonconforming setbacks. (1) Minimum setback. The minimum setback (all setbacks) is the extent of existing minimum setback. Section 70-74 Setbacks. Section 70-100 Roof and eave heir Comments: The standards for approval of special exception appear to be met. Town of Gulf Stream TOWN OF GULF STREAM APPLICATION FOR DEVELOPMENT APPROVAL ... _...._1....... This form is to be used for all development review applications to be heard by the Town of Gulf Stream Architectural Review and Planning Board, Board of Adjustment, and/or Town Commission. To complete the form properly, please review the accompanying Town of Gulf Stream Instruction Manual for Application for Development Review Form. Failure to complete this form properly will delay its consideration. To be completed by all applicants. A. Project Information I.A.I. Project/Owner Name: PART II. GENERAL INFORMATION Mr. & Mrs. Curtiss Roach ARPB File # O!2' /' I.A.2. Project Address: 3560 Gulf Stream Road Gulf Stream I.A.3. Project Property Legal Description: Lot 3, Block 2, Polo Fields, according to the plat thereof as recorded in plat book 26, page, 13 public recor s o Pa m Beac oun y, FL I.A.4. Project Description (describe in detail, including # ofstories, etc.) Single Story additions on east and west areas of existing residence- interior remodeling. I.A.5. Square Footage of New Structure or Addition: _809 s q . f t . Architectural Style: Gulf Stream Bermuda 1.A.6. Check all that apply: XDArchitectural/Site Plan Review ❑ Land Clearing ❑ North Ocean Boulevard Overlay (complete section B) O Demolition of Structures O Non-residential uses O Variance (complete section G) XX Special Exception (complete section E) 1.A.7. (a) Proposed F.F.E.: B. Owner Information Type of Foundation: _Piling 1.8.1. Owner Address: 3560 Gulf Stream Road LB -2. Owner Phone Number: _ 561-455A731 I.B.3. Owner Signature: C. Agent Information Fax: I.C.I. Agent Name and Firm Name: M. Mark Marsh. Bridges, arshsoc. R a� I.C.2. Agent Address 18 Via Miz,7ger I.C.3. Agent Phone Number: (o) 5 1 . 1.C.4. Agent Siqnature: Pre -App Date: App Date: Com Date _ Decision: alm Reach, F 3 icial Use Only Date: imendation: Date: / �5 ' /-)j es/ J /- Aplilication for Development Approval Form ADA.2000 revised 6/13/00 Page 2 Town of Gulf Stream PART III. PROJECT DESCRIPTION AND JUSTIFICATION To be completed by all applicants after pre -application conference with Town Staff. Please be concise but brief. Attach additional sheets only when necessary and be sure to include the appropriate and complete question number for each response. A. Project Description and Justification III.A.1. In what zoning district is the project site located? ps`G III.A.2. Is the project compatible with the intent of the zoning district? JoYes ❑ No Explain. Scale/Style of additions conforms to existing use within the Zonin 1 g district. III.A.3. Is the project consistent with the Future Land Use Map and goals, objectives and policies of the Comprehensive Plan? P Yes ❑ No Explain. Fully compatible with future land use. III.A.4. flow are ingress and egress to the property to be provided? new driveway centered along GulfStream Road. III.A.5. How are the following utilities to be provided to the property? a. Stormwater Drainage on site b. Sanitary Sewer public c. Potable Water city d. Irrigation Water city e. Electricity f p & 1 f. Telephone at&T g. Gas propane tank h. Cable Television Comcast III.A.6. If the project involves the erection of one or more structures, please describe how the structures are consistent with the criteria in Section 66-144 of the Town of Gulf Stream Code. (Attach additional sheet if necessary.) N/A PART IV. ADDITIONAL INFORMATION Section A is to be completed by all applicants after pre -application conference with Town staff. Answering "Yes" to any question in Section A requires the completion of additional Sections as indicated. A. Additional Approvals/Requirements IV -A.1. Does the project involve land area within fifty feet (50') of the A1A (North Ocean Boulevard) right-of- way? ❑ Yes L"No (If "Yes", section B of this part must be completed.) IV.A.2. Does the project involve the demolition of one or more structures? ❑ Yes ❑ No (If "Yes", section C of this part must be completed.) IV.A.3. Does the project involve the clearing or filling of any portion of an existing vacant lot or more than fifty percent (50%) of the landscaped area of a developed lot? ❑ Yes ©�No (If "Yes", section D of this part must be completed.) IV.A.5. Does the project require approval of a Special Exception? ❑ Yes ❑ No (If "Yes", section E of this part must be completed.) IV.A.6. Is the project at variance with any regulations contained in the Zoning Code? ❑ Yes 6 No (If "Yes", section G of this part must be completed.) Application for Development Approval Form ADA.32000 Page 3 E. Projects Requiring a Special Exception. IV.E,1, Is the proposed use a' permitted special exception use? M Yes ❑ No Code Section:? 0 - 75 c IV.E,2. How is the use designed, located and �1 � � 2 � Pr°posed to be operated so that the Proposed additions to Public health, safety, welfare, and morals will be protected? non conforming setbacks are not visible from -.a public right -Of -way. IV. E.:3. Will the use cause substantial injury to the value ofother ro be located? []Yes 1M No P Perty in the neighborhood where it is to Explain. Proposed additions are bel6w required lot and mass ,com covera e Pa with neighborhood. IV.E.4 How will the use be compatible with adjoining development a is to be located? nd the character of the District where it Proposed additions are below required is com q lot coverage patible with neighborhood and mass IV.E,S. What landscaping p g and screening are provided? New I _aJrldscalping existing hedges on property lines will be maintained' aint supplemented. ain ed or IV.E.6. Does the use conform with all applicable regulations governing the 9 District wherein it is to be located? �p Yes ❑ No Explain. All criteria within the Gu manual are met. F. Non -Residential Projects and Residential Projects of Greater than 2 Units W.F.J. If common area facilities are to be provided, describe them and how the to NSA Y are be maintained. IV.F.2. If recreation facilities are to be provided, describe them and their Potential n Properties. naimpacts or, --------------- IV.F.3. For each of the following, list the number provided and their dimensions. Loading Spaces: Standard Parking Spaces: Small Car Parking Spaces: Handicapped Parking Spaces: Driveways/Aisles: Application for Development Approval Form ADA.32000 Page 5 Page 1 of 1 Rita Taylor From: Bill Thrasher Sent: Tuesday, January 10, 2012 8:56 AM To: Rita Taylor Subject: FW: Roach Residence Attachments: 21133_al-1_area calcs.pdf; 21133_a4-1—area calcs.pdf From: Marty Minor [mailto:MMinor@udkstudios.com] Sent: Tuesday, January 10, 2012 8:48 AM To: Bill Thrasher Subject: Roach Residence Bill, Attached is our analysis of the Roach residence plans with regards to the FAR and the undivided window size and glass percentage on the western elevation. The proposed addition raises the FAR to .26, which is less than than the maximum limit of .33. However, the residence's western elevation contains undivided glass ranging from 18 to 25 square feet in size. Also, glass makes up 51.1% of the western facade, which also exceeds code standards. Attached for your use are the elevations with the calculations. Should you have any questions, please feel free to contact me at any time. marty Marty R.A. Minor, AICP Urban Design Kilday Studios The Offices at City Place North 477 South Rosemary Avenue, Suite 225 West Palm Beach, Florida 33401-5758 561-366-1100 1/10/2012 kI b 7 ƒ |! §k A Lill�| � $■ ¥� . ' |_2 §■ / x � * �\ \ `\ §k2 §§3 ||§E 2 > 7|| z � ; c q 5 m § $ § ilii iis $�- - $ ii b 7 ƒ |! §k A Lill�| � $■ ¥� . ' |_2 §■ / x §k2 ||§E 2 > 7|| � ; q 5 m § § ilii iis $�- - $ ii 2 ® , � 2 i i b 7 ƒ |! §k A Lill�| � $■ ¥� . ' |_2 §■ / x M C- > * -nc o n aOx w O D I D Vl fm NmD O A > \ mRI D r D D ZOo r p Z A A 0p2p g 5Z m f A I—.—�P ,9� OT a�. €b, ( Page 1 of 1 Bill Thrasher From: Marty Minor [MMinor@udkstudios.com] Sent: Thursday, January 12, 2012 11:52 AM To: Bill Thrasher Update on a couple issues: Roach Residence: The cross-section detail of the wall detail was helpful. The clarification of the facade wall height helps us confirm that architect's calculation that the glass area makes up 48% of the west wall facade. Roof Tiles: I have discussed Bermuda white tiles with the owner of Carpenter Roofing, who does roofing for high-end homes and buildings on the island, including in Gulf Stream. He recommends the Entegra Portland white cement, smooth white tile as the preferred the as it is available locally, it is white thru and thru, and he also suggested for slate or gray tile that they be the "un -weatherized or un -fading" type as some of the cheaply -made tiles fade quickly and unattractively. I will include this info in the recommended zoning code language, but I wanted to give you an update in case someone asks. I will see you tomorrow morning for the Town Council/LPA hearing. Thank you, ma rty Marty R.A. Minor, AICP Urban Design Kilday Studios The Offices at City Place North 477 South Rosemary Avenue, Suite 225 West Palm Beach, Florida,. 561-366-1100 1/12/2012 Or Z., ; ti" • � 1 4N W., i r" r_ J i } 3i Or Z., ; ti" • � 1 4N W., i �%. L y k t '