HomeMy Public PortalAbout11 15 18 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM,
FLORIDA ON THURSDAY, NOVEMBER 15, 2018 AT 8:30 A.M., IN THE WILLIAM F.
KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF
STREAM, FLORIDA.
I. Call to Order.
Acting Chairman,
8:30 A.M.
II. Roll Call.
Present and
Participating:
Also Present &
Participating:
Absent W/Notice:
Malcolm Murphy called the meeting to order at
Malcolm Murphy
Jorgette Smith
Curtiss Roach
Robert Dockerty
Gregory Dunham
Edward Nazzaro
Rita Taylor
Thomas Smith
Caroline Delafield
Amanda Jones
John Randolph
Vice Chairman
Board Member
Board Member
Board Member
Town Manager
Staff Attorney
Town Clerk
Chairman
Alternate Board Member
Alternate Board Member
Town Attorney
III. Minutes of the Regular Meeting and Public Hearing 10-25-18.
Mr. Dockerty moved and Mr. Roach seconded the motion to approve
the minutes of October 25, 2018 and all voted AYE at roll call.
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. December 27, 2018 at 8:30 A.M.
b. January 24, 2019 at 8:30 A.M.
C. February 28, 2019 at 8:30 A.M.
d. March 28, 2019 at 8:30 A.M.
e. April 25, 2019 at 8:30 A.M.
Vice Chairman Murphy called attention to the future meeting dates
and stated he will be unable to attend the meeting on January 24, 2019.
Mrs. Smith said she will be unable to attend the December 27, 2018
meeting.
VI. PUBLIC HEARING.
A. Declaration of Ex -Parte Communication
There was no Ex -Parte Communication declared.
B. Administer Oaths
The Town Clerk administered the Oath to Ken Weitz, Dan
Carter, Mrs. Dean, Fredy Polania, Tony Grimaldi, Beata
Galloway Michael Weiner Francisco Perez and Sebastian
Martinez.
C. Applications for Development Approval
1. An application submitted by Ken Weitz of Vintage Building
& Design, as Agent for Arthur Family LLC, a Florida Limited
Minutes of ARPB Regular
Meeting & Public Hearing
Held 11-15-18 @ 8:30 A.M.
Liability Company, owner of Property located at 3423 Oleander
Way, Gulf Stream, Florida 33483, legally described as Lot 49
of Re -plat of Part of Gulf Stream Properties No. 2.
Ken Weitz, Architect, stated that the owner would like to tear
down the existing residence as soon as a permit can be issued, then to
simply landscape the property. The landscaping will continue what is
currently on the corner of Oleander on down the street.
Dan Carter, Landscape Architect, described the many types of
vegetation that are currently on the property. The new border of plants
along the street will be a minimum height of six to eight feet, the
right of way will be sodded and the property will be leveled to four
feet, then sodded and irrigated.
The owner of 3430, Mrs. Dean, stated that hers is the only
house facing Oleander Way and she was concerned that the street would be
treated like an alley way and asked if the septic tank and propane tanks
would be removed. Mr. Weitz assured that all structures would be moved
from the property.
a. DEMOLITION PERMIT to remove all structures from the
property.
Mr. Dockerty moved to recommend approval of a Demolition
Permit and Mr. Roach seconded the motion with all voting AYE.
b. LAND CLEARING PERMIT to clear property to prepare for new
landscaping and irrigation.
Mr. Dockerty moved to recommend approval of a Land Clearing
Permit and Mr. Roach seconded the motion with all voting AYE.
C. LEVEL 3 ARCHITECTURAL/ SITE PLAN REVIEW to re -landscape and
irrigate entire lot.
Mr. Dockerty moved to recommend approval of a Level 3
Architectural/Site Plan Review and Mr. Roach seconded the motion with
all voting AYE.
2. An application submitted by Randall Stofft Architects an
agent for Scott and Beata Galloway, owners of property
located at 1535 N. Ocean Boulevard, Gulf Stream, Florida
33483, legally described as portion of the North 100 feet
of the South 168 feet of Government Lot 1 of Section 10,
Township 46 South, Range 43 East, Palm Beach County,
Florida,lying East of the Easterly Right-of-way line of
Ocean Boulevard.
a. Construction of an exterior staircase
b. Construction of a trellis
C. Enclose existing breezeway
d. Installation of a new, flat terra cotta roof
e. Construction of a new retaining wall
f. Construction of a new dune walk -over
g. Revise the original landscape/hardscape design
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Minutes of ARPB Regular
Meeting & Public Hearing
Held 11-15-18 @ 8:30 A.M.
Mr. Fredy Polania, Architect, stated he wanted to clarify a
few of the items on the previous submittal, which included an open
staircase on the approved addition, beginning with the landscaping.
Mr. Tony Grimaldi, Landscape Architect, described the
modifications to the previous submittal as having no changes to the
front yard area. A wall has been added with no changes to the
landscaping with the exception of two flower gardens being added to the
driveway area where an existing oak tree with a 48" caliper would need
to be removed to accommodate one of the flower gardens. A six foot
hedge would be added along the wall and the southern boundary hedge
would be eight feet tall. He wanted to draw attention that there are no
longer coconut trees being planted due to lush vegetation already
present on the existing property, as well as the neighboring property,
and they are proposing to relocate two existing coconuts to either side
of the pool. A retaining wall will help make the transition down to the
beach area where they have incorporated stepping stones with synthetic
turf between.
Mr. Polania discussed the previous submittal that was denied
due to the exterior staircase. He said they are now planning to put a
railing feature onto the staircase that is carried out in the courtyard
to create a theme, and enclosing the breezeway. The existing roof is a
white, concrete tile and since the plan is to turn the home into a
Mediterranean -style, they are proposing a terra cotta -style rooftop, and
modernizing it by introducing a flat tile, which he showed samples of,
instead of a barrel tile. Mr. Polania added that there was also a dune
walkover, for which they have been given a permit by DEP.
Mrs. Smith stated that in the last application the view of the
front door was obscured by the staircase and wanted to know if this was
still the case with the new application. Mr. Polania explained that once
the periphery wall is removed and replaced by the railing it will clean
up the view.
Acting Chairman Murphy stated that a letter was received by
the Town on November 13, 2018 from Sachs Sax Caplan, Attorneys at Law,
who are representing Mr. Leslie Alexander and the Joyville Trust, who
are the occupant and owner at 1511 N. Ocean Blvd, the neighboring
property to the property being considered. He said Mr. Michael Weiner,
Esq. has requested an opportunity to speak at today's meeting. Acting
Chairman Murphy opened the floor to the public for comment.
Mr. Michael Weiner, Esq. began by handing out binders to
the board members and staff explaining that the materials were
relevant to the Level II Application being presented by Scott
and Beata Galloway, located at 1535 N. Ocean Blvd and stated his client
was an aggrieved and affected party to this new application.
He pointed out the position of the homes where there is a lush, dense
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Minutes of ARPB Regular
Meeting & Public Hearing
Held 11-15-18 @ 8:30 A.M.
border that has grown up between the two homes and showed pictures of
the chain link fence that exists under the vegetation between the homes,
as well as views from the windows of the Alexander residence, calling
out the privacy the vegetation brings. Mr. Weiner noted that on the
survey, the fence starts on the Alexander property then meanders onto
the Galloway property to the east, stating that it wasn't exactly on the
border. He said that although the wall going up shows to be
perpendicular to the fence, it was not the case and that it runs approx.
1/3 of the common border between the houses. He quoted a note from the
plans: "all vegetation along the property line is to be removed to allow
clear ocean views".
Mr. Weiner believed the standards listed in Section 66-144
Have not been properly analyzed by the Town or the owner. He said that
removing the foliage along the property line would affect the wind and
water erosion on the properties. Mr. Weiner further believed there has
been an error on computing the FAR for this property and he asked for
the Board to deny the application.
Mr. Weiner then called attention to Section 70-187 in the
Town Code which talks about walls and fences and stated they have to be
finished on both sides and fences must be screened. He said a solid,
exposed wall was under prohibited items and he felt that no thought had
been given to compliance with the Town Code on the southern border of
the property between the two houses.
Mr. Francisco Perez, Architect, stated how he admires the
Town Code that Gulf Stream has and its specificity to styles. He said
That 1535 N. Ocean is a beautiful Bermuda -style home and it appears that
it now wants to be dressed up to make it appear Mediterranean -style. He
did not feel the Town Code is being followed and he gave examples of
roof tile, windows without muttons, large blank walls, rear elevation,
etc. that define a certain style, but what is shown does not seem to
follow the style. He felt the Town Code allows for upholding the
standard of the existing vegetation and removing the vegetation to allow
for ocean views does not follow the Code. The construction of the
massive eight foot wall is going to devastate the root system of the
existing vegetation, he said.
Mrs. Beata Galloway responded by saying she was not aware of
all the Codes, but wanted to explain what their intention was and asked
what they could do to make the Alexanders feel more comfortable
regarding the construction and privacy. She stated it was their intent
to create more privacy than they currently have.
She added that all of the privacy hedging was on their side of the
property and although the fence starts on Mr. Alexander's side, it
encroaches upon their property and that the vegetation that is six to
eight feet wide is from the property line onto their property, which
does create a lush border, but also takes away a lot of footage on their
side of the property. She also stated they would love to work with Mr.
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Minutes of ARPB Regular
Meeting & Public Hearing
Held 11-15-18 @ 8:30 A.M.
Alexander on creating a better solution.
Mr. Polania responded to the architectural style by saying
that they had kept the existing relationship of the building but
modernized it a bit with impact windows and an S-type tile, as the
existing roof has a flat tile so they thought it was a perfect
transition into a new generation of the Spanish Mediterranean. He said
they were not opposed to going back to a barrel tile if it becomes an
issue. The consistency they are doing throughout the property on this
application has improved from previous applications, he said, but they
are more than willing to review some of the items mentioned if it is an
issue with the neighbor or if it conflicts with the Code.
Acting Chairman Murphy reminded that when an application is
made, the neighbors are notified and he wanted to know if there was any
communication and/or discussion from the neighbor in advance to the ARPB
meeting, even going back to April when this process began.
Mr. Sebastian Martinez, who stated he represents Mr. Leslie
Alexander, and was present at the last ARPB meeting in October when this
application was proposed. He said that he was approached after the
meeting at his car and said that he gave his contact information and was
told that he would be contacted but never received any communication.
He said that all Mr. Alexander wants is to have some input on everything
that is going on.
Acting Chairman Murphy said that there were so many technical
points given by Mr. Weiner that the board was in "data overload".
Mr. Weiner then asked if the board would postpone everything
and meet with them before the next meeting. Mrs. Galloway responded
saying she would not like a postponement and stated they already had
permits from Delray and started construction. Mr. Roach spoke up and
questioned if they had "started construction" and Mrs. Galloway
answered that they already had permits from the city, since "this was
just a revision".
Town Manager Dunham spoke up and stated this is not a revision
but a new application. Acting Chairman Murphy noted that Mrs. Galloway
had tried to engage the neighbor to move forward and is willing to
accommodate the technical points as well as the aesthetic points.
Mrs. Galloway said that her husband had walked the property a
month ago with Mr. Alexander and they had a discussion about what they
were proposing. Mr. Alexander acknowledged that he didn't like the wall
at which point Mr. Galloway told him they had the approval for it and
were still contemplating the vegetation issues. She said Mr. Alexander
never communicated with them after that meeting of how they could work
together to make this happen. She stated she would be happy to sit down
in a room, with lawyers present if need be, and discuss privacy issues
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Minutes of ARPB Regular
Meeting & Public Hearing
Held 11-15-18 @ 8:30 A.M.
and the wall, if that is really what is important to them.
Acting Chairman Murphy noted the expression of intent on both
sides to move forward amicably and then pointedly asked Mrs. Galloway if
construction was taking place, in which she replied in the negative.
Mr. Polania spoke up saying the permit that was issued was per the
approved plans and that today was just a revision to clarify those
plans. Acting Chairman Murphy then made it very clear that this was not
a revision but a new application.
Town Manager Dunham stated this was information overload and
this is the first time the staff is seeing any of the technical points
brought up. He clarified that the application was initially approved
with an enclosed stairwell and when the plans came in for permitting,
the staff saw that it had changed and made them go back to the ARPB and
it was denied at that point. After the denial, the period of time to
appeal passed thus making it necessary to apply for a new application,
he said. With all the technical points now brought up by Mr. Weiner,
Mr. Dunham stated that the staff would need some time to dissect.
Acting Chairman Murphy then said the task of the board is to meet the
minimum standards of the Design Code and there were obviously points
raised that need to be discussed and examined. He went on to state that
he felt this falls into two categories: 1. There is a technical Code
oversight and interpretation and; 2. A meeting needs to be held by all
parties and the Town staff to discuss these issues before the next
meeting.
Mr. Dockerty moved to postpone Application #18-13 so that the Town
staff and applicant have time to address the points brought up by the
neighbor's representative and Mr. Roach seconded the motion with all
voting AYE.
VII. Items by Staff.
Town Manager Dunham explained that at the October 25, 2018
ARPB meeting re: 3400 Polo Dr., a motion was made and approved for the
architect to consult with his clients to eliminate the special exception
of the extra 166 sq. ft. over the allowable square footage and re -submit
the application at the November 15, 2018 ARPB meeting. He noted that
the Town has not received any communication from the architect regarding
the property.
VIII. Items by Board Members.
Mr. Roach stated that he would like the amount of time that is
taking place for certain construction within Gulf Stream to be re-
addressed by the Commission and mentioned that the Town of Palm Beach
has regulations as to how much time is allowed. Town Manager Dunham
stated that it has been brought before the Commission a couple of times
and Staff Attorney Nazarro explained the Commission came to the
conclusion that it would only impact a small amount of homes. He agreed
with Mr. Roach in the fact that the Town of Palm Beach does have an
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Minutes of ARPB Regular
Meeting & Public Hearing
Held 11-15-18 @ 8:30 A.M.
ordinance based on the square footage of the home and a sliding scale
based on the number of months and time that has historically been taken
in Palm Beach. He said there could be a study conducted in Gulf Stream
with an average based on square footage and have our own sliding scale
with a fee to be paid for construction that goes over the timetable.
Mr. Roach made a motion that the Commission revisit the idea of a
time length for the construction of a house, based upon square footage
and FAR regulations, and Mr. Dockerty seconded the motion with all
voting AYE.
IX. Public.
There was no comment from the public.
X. Adjournment.
Acting Chairman Murphy adjourned the meeting at 9:42 A.M.
&nee Basel
xecutive Assistant
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