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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 2 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 3 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. 4 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 5 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 M 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 7