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Home My Public Portal AboutLetter to Mr_ Gunther IPM.Note Letter to Mr. Gunther scottmorgan75@gmail.com SMTP scottmorgan75@gmail.com Letter to Mr. Gunther X-Vipre-Scanned: 0FC513E101363C0FC5152E Received: from GSEXCH-1.GulfstreamTH.local (10.0.0.22) by GSEXCH-1.GulfstreamTH.local (10.0.0.22) with Microsoft SMTP Server (TLS) id 15.0.1130.7 via Mailbox Transport; Wed, 3 May 2017 09:16:28 -0400 Received: from GSEXCH-1.GulfstreamTH.local (10.0.0.22) by GSEXCH-1.GulfstreamTH.local (10.0.0.22) with Microsoft SMTP Server (TLS) id 15.0.1130.7; Wed, 3 May 2017 09:16:19 -0400 Received: from mail-ua0-f173.google.com (209.85.217.173) by mail.gulf-stream.org (10.0.0.22) with Microsoft SMTP Server (TLS) id 15.0.1130.7 via Frontend Transport; Wed, 3 May 2017 09:16:18 -0400 Received: by mail-ua0-f173.google.com with SMTP id e55so71432622uaa.2; Wed, 03 May 2017 06:16:26 -0700 (PDT) DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/relaxed; d=gmail.com; s=20161025; h=message-id:from:to:subject:date:mime-version:importance; bh=srIJzt6jdlpxUnhoVx7ACybf8yAkmbm7C+WzVt0YhFY=; b=hA0kOU0IIlb2RR0eyb+foTw2nZSbOkoStn7z+moG63lRI6RiFIF8SaG0X2bW5FJ2wY 8O8fbbsA7hZR41ntSo3MvnJj2JQhP+7a8Up5c6tupaE3QxDIVrdPoYTLazJbV9R8u5SZ 1h6VOL+c2uAjKl+c+zLft7FRoR/KAt9D8q+DxtfzLq6kN41HUr8A3bGOiFjIUzscOHbZ Usv1kMIqfCaLnx9F6ngu66gIYUEpr8fwu/pJBIfdJgviyoCgMg4gvh1w5gX74rzmxX0/ Xh3HHnpDUd7nIZ+3JUwqnYyKWHDMnh/OV+2u6v3Y1Icd+M/DxbfJzjGfwceDI0P4jCeC JpOg== X-Google-DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/relaxed; d=1e100.net; s=20161025; h=x-gm-message-state:message-id:from:to:subject:date:mime-version :importance; bh=srIJzt6jdlpxUnhoVx7ACybf8yAkmbm7C+WzVt0YhFY=; b=BupoHSVpDd70Z7oT4SJYbkort967VbD89dRUVHDwkLM2z8NJ2mObbhjLO6iLGs9tCu 47jO9Gv+qy46GAo8PmaOFuRwr/82xpvYUohm7LzElK0390rE9MHZHCR02lbh+P1F+yBh ONt+iy6BlW6i70J7Qok6CleSywMhITtzeNqrvwjxWUv0VNSXp7/d+jevmknSPyZrt4pZ ksiDiDhrGgI3McQR7qXq7RSwzpyOaCc9zDlDxlgp1aVq6D1tpHKwlygcQjFw+iLTSo0X wwdhFLri4F+q1gQs+QrhpXyN6kdQoW9zcYREllzGl0NGW65p/wTVj7XqtVanPutjX/j7 tBXQ== X-Gm-Message-State: AN3rC/4BDvmUL+rew6y1uePFe+l6V65keZ58X6Fi3mOh2HxZMAbs36IL 1oELaUbCyHeSg7So X-Received: by 10.176.4.78 with SMTP id 72mr19114776uav.151.1493817386054; Wed, 03 May 2017 06:16:26 -0700 (PDT) Return-Path: <scottmorgan75@gmail.com> Received: from ScottMorganHP (c-67-191-95-86.hsd1.fl.comcast.net. [67.191.95.86]) by smtp.gmail.com with ESMTPSA id f5sm2359826uaf.12.2017.05.03.06.16.15 (version=TLS1 cipher=ECDHE-RSA-AES128-SHA bits=128/128); Wed, 03 May 2017 06:16:23 -0700 (PDT) Message-ID: <E8B9102BE7374E91AD957C569ACB1BE5@ScottMorganHP> From: <scottmorgan75@gmail.com> To: "Renee Basel" <RBasel@gulf-stream.org>, "Greg Dunham" <gdunham@gulf-stream.org> Subject: Letter to Mr. Gunther Date: Wed, 3 May 2017 09:15:53 -0400 Content-Type: multipart/mixed; boundary="----=_NextPart_000_0079_01D2C3ED.DD08C290" X-Mailer: Microsoft Windows Live Mail 16.4.3528.331 X-MimeOLE: Produced By Microsoft MimeOLE V16.4.3528.331 X-MS-Exchange-Organization-PRD: gmail.com X-MS-Exchange-Organization-SenderIdResult: Pass Received-SPF: Pass (GSEXCH-1.GulfstreamTH.local: domain of scottmorgan75@gmail.com designates 209.85.217.173 as permitted sender) receiver=GSEXCH-1.GulfstreamTH.local; client-ip=209.85.217.173; helo=mail-ua0-f173.google.com; X-MS-Exchange-Organization-Network-Message-Id: 5bcdf073-c9c7-4ac5-4e3c-08d492269a86 X-MS-Exchange-Organization-SCL: 0 X-MS-Exchange-Organization-PCL: 2 X-MS-Exchange-Organization-Antispam-Report: DV:3.3.16631.866;SID:SenderIDStatus Pass;OrigIP:209.85.217.173 X-MS-Exchange-Organization-AVStamp-Enterprise: 1.0 X-MS-Exchange-Organization-AuthSource: GSEXCH-1.GulfstreamTH.local X-MS-Exchange-Organization-AuthAs: Anonymous MIME-Version: 1.0 scottmorgan75@gmail.com SMTP scottmorgan75@gmail.com Renee Basel; Gregory Dunham Morgan, Scott Letter to Mr. Gunther Renee, Would you please put my letter on stationary and mail out today—preferably FedEx Overnight. Include with my letter the attached Commission’s letter with Marty Minor reports and the Miklos letter with attached photographs. Thanks. Scott W. Morgan 4366FF7DB988854EB058EC7E574709B7@namprd09.prod.outlook.com <E8B9102BE7374E91AD957C569ACB1BE5@ScottMorganHP> Renee, Would you please put my letter on stationary and mail out today—preferably FedEx Overnight. Include with my letter the attached Commission’s letter with Marty Minor reports and the Miklos letter with attached photographs. Thanks. Scott Renee Basel Renee Basel EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=3BAA9F04D837426B9ED16B03EC111B7B-RBASEL EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=3BAA9F04D837426B9ED16B03EC111B7B-RBASEL scottmorgan75@gmail.com scottmorgan75@gmail.com Renee Basel Renee Basel gmail.com scottmorgan75@gmail.com scottmorgan75@gmail.com rbasel@gulf-stream.org rbasel@gulf-stream.org II=[CID=68d7b1a6-914f-4d4e-b234-aeb532d9e659;IDXHEAD=01D5529D2E;IDXCOUNT=1];TFR=NotForking;Version=Version 15.20 (Build 2157.0), Stage=H4;UP=10;DP=1C5 en Pass (GSEXCH-1.GulfstreamTH.local: domain of scottmorgan75@gmail.com designates 209.85.217.173 as permitted sender) receiver=GSEXCH-1.GulfstreamTH.local; client-ip=209.85.217.173; helo=mail-ua0-f173. google.com; GSEXCH-1.GulfstreamTH.local 6A9EDCBDDF69C9A1 Anonymous 0FC513E101363C0FC5152E Renee Basel EX /o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=3baa9f04d837426b9ed16b03ec111b7b-rbasel rbasel@gulf-stream.org Renee Basel sip:rbasel@gulf-stream.org Gregory Dunham EX /o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=ce80410cf76c479e9290eb006b21c576-gdunham gdunham@gulf-stream.org Gregory Dunham sip:gdunham@gulf-stream.org Gunther. le.docx May 3, 2017 Mr. Joseph Gunther 47 Cayuga Rd. Sea Ranch Lakes, FL 33308 Re:New Gunther Volvo Parking Garage 2201 N. Federal Highway, Delray Beach, FL Dear Mr. Gunther, Please excuse this direct contact but our town is in a position where I felt we had no choice but to reach out to you personally regarding the 3 story, 600 car garage being proposed with your new Volvo dealership. The Town of Gulf Stream is not opposed to your plan, and we ask only that you consider mitigating the effects that the new parking garage will have on our adjacent neighborhood, known as Place au Soleil. Place au Soleil has been a quiet residential neighborhood for over 60 years. The new Volvo garage will be located a mere 65' from Place au Soleil homes, and the lights atop the garage will be 30' high shining light into backyards, bedrooms and living rooms. I am asking your consideration, as a good neighbor to Place au Soleil, to please help mitigate the noise and light that will otherwise affect our residents' quiet enjoyment of their homes. Would you please consider asking your planners to do two things to help us: 1) turn off all lights on the top garage floor (except for a bare minimum lighting required for security) at 10:00 pm; and 2) to install directional shutters on all but the West facing sides of the garage, which will significantly improve the noise and light emission. These shutters would not restrict air flow so they will not require mechanical ventilation, and they will help protect your vehicles from flying debris in event of a storm. We have met with your representatives several times but our concerns, frankly, were not taken very seriously so I am asking you directly, Mr. Gunther, to consider helping us. Delray Beach has scheduled the meeting on the Volvo plan for May 10. We have been working on this for a while, and I am including our urban planning reports, photographs and letters from residents so you can get a better idea of the impact the garage will have on Place au Soleil unless something is done to alleviate the light and noise. Thank you for considering this. I am available anytime to meet or speak with you on the phone. Very truly yours, Mayor Scott W. Morgan .docx Gunthe~1.doc Gunther. le.docx application/vnd.openxmlformats-officedocument.wordprocessingml.document 54B7ACB9F3FE664AAF71D46E7BE24339@namprd09.prod.outlook.com EnUs Miklos Volvo 4-21-17.pdf Miklos Architecture Architects / Planners 2263 NW Boca Raton Blvd. Suite 112 Boca Raton, FL 33431 Phone: (561) 392-6762 Corp. Cert. No. AA0002282 April 21, 2017 Amy Alvarez, AICP Senior Planner City of Delray Beach 100 NW 1st Avenue Delray Beach, Fl 33444 Email: alvarez@mydelraybeach.com Sent via Email with attachments Re: Request for Removal from April 26, 2017 SPRAB Agenda 2201 North Federal Highway – Gunther Volvo Dear Ms. Alvarez, I am requesting that the Gunther Volvo (2017-009) Class V Plan Modification be removed from the April 26, 2017 SPRAB Agenda due to improper project notification, untimely notice and for the best interest of the Community. As you aware, a Class V Plan Modification designation represents that the proposed project is sufficient in size, scale and impact to the Community that an intense review process is warranted. As part of that intense review process comments and concerns from the affected Communities are solicited by way of written notification. In my particular case, I received notice from Mr. Chet Snavely, the President Place Au Soleil HOA. The chain of notification was; Ms. Alvarez from the City of Delray wrote a letter to Mr. William Thrasher from the Town of Gulfstream who emailed Mr. Chet Snavely of the Place Au Soleil HOA who knocked on my front door on a Sunday morning to inform me that a 232,000 sq. ft. car dealer complex was to be constructed adjacent to my property. Needless to say, this manner of notification does not meet the recognized standards normally implemented in significant circumstances such as this. At this time, I am requesting copies of the announcement notifications sent to residents including individuals residing in Delray Preserve, the multi-family directly to the south. I am troubled that fellow residents with concerns about Gunther’s significant site modifications may be uninformed and improperly un-notified. Per Tripp / Scott’s letter dated March 31, 2017 and addressed to yourself, “The neighbor directly abutting the east property line raised concerns regarding drainage, particularly during heavy storms. The neighbor indicated he currently has flooding issues in his backyard.” Ms. Alvarez, I am that neighbor abutting the east property line. For many years, the Gunther site has discharged storm water run-off to the rear of my property which caused flooding, loss of enjoyment and use of my property. With that hardship in mind, I feel marginalized that no notification was provided to me regarding the significant increase in the intensity of use represented in the Class V Plan Modification of the Gunther site. On March 31, 2017, Mr. Matthew H. Scott, from Tripp / Scott authored a letter addressed to yourself which concludes with “Thank you again for helping us work through these issues with the concerned residents from Gulfstream.” The importance of the letter is twofold: 1) to identify “operational modifications to the originally proposed plans” and 2) to notify the City of Delray that the Applicant had concluded making modifications to the plans and was now ready to have the project set for review by SPRAB on April 26, 2017. The issue being, Mr. Scott raises several issues in his correspondence that are open for rebuttal, further review and require additional supporting documentation on the Applicant’s part. Mr. Scott’s insufficient and untimely notice of his intent to proceed at April 26, 2017 SPRAB hearing, effectively disenfranchises residents and perhaps the Town of Gulfstream who may wish to seek professional counsel, expert advice etc. regarding the project and the content of his letter. Furthermore, the March 31, 2017 correspondence raises more issues than it addresses: Delivery of Vehicles Mr. Scott writes, “Gunther decided to move the location of off-loading of vehicles from the originally intended east side of the property to the south side, thereby eliminating a substantial source of noise and activity from the area of the property closest to the Gulf Stream neighbors.” Mr. Scott fails to mention that the semi-tractor trailer exit route traverses northward through Gunther’s Used Car and Volkswagen dealerships. The proposed semi-tractor trailer exit route closely parallels the adjoining Gulf Stream Community. The current landscape plan does not address any additional plantings to mitigate the equally disruptive noise generated by a low speed tractor trailer. According to OSHA (the chart is attached to this document) a semi-tractor trailer produces 90 decibels of sound measured from 20 meter (65.616 feet) and is considered a dangerous level of sound. Functionally, Gunther is exposing the adjoining neighbors to a recognized health hazard. Secondly, relocating the location of the off-loading of vehicles to the doorsteps of multi-family Community of Delray Preserve is not a solution. That is a ‘whack a mole’ approach to site planning; where Gunther never solves a nuisance problem, they just repackage it to a new location with hopes no one will notice. The impact from noise generating by the offloading of cars will now disrupt the residents of Delray Preserve. The problem is not solved. Water Drainage Improvements: Mr. Scott writes, “Accordingly, Gunther proposes providing a higher perimeter berm to separate its property from the lower properties to the east and to drastically decrease surface flows to these properties.” This is a very grave statement. What is Gunther’s perception of reality? Under no circumstances is rain water run-off to an adjacent property permissible in any jurisdiction. Does Gunther sincerely believe that they get to decide how much flooding they impose on adjacent neighbors? Secondly, there is no comprehensive drainage plan for the entire Gunther site i.e. Volvo, Used Cars and Volkswagen. There is no definitive assurance that the entire Gunther Site will responsibly contain its own water run-off. Further study is required. Mr. Scott writes, “Without an overflow, the existing drainage system is isolated and once it is filled to capacity, it has a much greater chance of flooding the neighbors to the east.” This statement is equally as worrisome. Is this Gunther’s acknowledgement that for years they have unrepentantly flooded adjacent property owners and if they do not get their project approved they will continue to flood the adjacent neighbors? Lighting: Mr. Scott writes, “All lighting inside the parking garage was placed behind ceiling beams at the City staff’s suggestion.” Attached at the end of this correspondence is a field study of the effectiveness of this method of light spillage abatement for open multi-story parking structures. The pictures were taken on 4/15/17 between 8:04 pm and 8:10pm from distances of 120 feet, 667 feet, 700 feet and 1266 feet. The pictures speak for themselves; the amount of light pollution generated by a multi-story open parking structure is incompatible with a closely situated adjacent residential neighborhood. The intended reduction of light spillage, by the suggested methodology, was negligible to non-existent. Nothing short of a closed parking structure will mitigate the degradation to the existing quality of life that the will be caused by the intense light pollution generated by an open parking structure. Evening Hours: Mr. Scott writes “Gunther committed to representatives of Gulf Stream that operation of the new dealership would end at 10:00 pm every evening.” Based on the July 9, 2003 Class III Site Plan Modification for the Borton Motors Volkswagen Dealership business hour of operation were limited to (7am-9pm), and dumpster pickup hours (8am-5pm). Currently Gunther violates both these conditions of approval and has so for many years. Dumpster pickup hours are actually 5:30 to 6:30 am in the morning. The Gunther site lighting is continuously on throughout the night - it never shuts off. In my January 9, 2017 letter I attached a photograph taken from inside my daughters room at 2:56 am. The lights from the Gunther site are clearly visible from her room. I have included a new picture taken on 4/20/17 at 6:32 am in the morning that again shows harassing light spillage from the Gunter site. If I understand Mr. Scott’s offering to the Gulf Stream Community, he proposes increasing the light spillage, noise, size and intensity of the Gunther site several fold plus remaining open for one hour later than approved on July 9, 2003. The stated hours of operation do not acknowledge that the gates to the Gunther site are opened by the Delray Beach police department at 5:30 – 6:30 am daily. Additionally, car alarms can be heard throughout the day and night. The loud decibel chirping of a car alarm emanating from the Gunther site is unfortunately common place in our Community. Several neighbors have attributed the vast majority of car alarms to valets and other Gunther personnel activating a car alarm in an effort to identify the automobile that they are searching for. Mr. Scott writes, “As evidence of Gunther’s commitment to working with its Gulf Stream neighbors, Gunther also dutifully analyzed and attempted to incorporate each and every one of their requests from our meetings. However, for reasons variously relating to cost and feasibility, Gunther is not able to accommodate all of them.” As Mr. Scott is aware, his letter of March 31, 2017 is now part of the public record and will be relied on heavily as truthful during the SPRAB hearing. While at this point, I do not doubt the veracity of Mr. Scott’s assertions, I do request, as evidence of Gunther’s commitment to working with its Gulf Stream neighbors the dutifully prepared work products that are the basis of his claims. I am requesting that all analysis relating to the cost and feasibility be provided to myself and the Town of Gulf Stream for our review. This should not be a burdensome or time consuming request because the analysis was dutifully prepared and should be readily available. Mr. Scott writes, “Reducing the size of the garage would adversely affect intended business operations for the new dealership. The suggestion is therefore not feasible.” I am requesting Mr. Scott’s supporting rationale and documentation for this statement. Perhaps, there is a way as evidence of Gunther’s commitment to working with its Gulf Stream neighbors that in cooperation between all the interested parties we can find a manner to achieve all our goals. Mr. Scott writes, “Gunther looked into adding louvers, and discovered it could not add louvers without having to mechanically ventilate the entire parking garage, which would be exceptionally expensive. More importantly, the ventilation would necessarily create noise from the large fans that would need to be installed, which Gunther believes would be an untenable trade off from the Gulfstream residents’ perspective in light of their concerns about noise.” Mr. Scott is wrong all accounts. Gunther does not have the legal right to degrade or adversely affect the quality of life of the adjoining neighbors – end of statement. If providing a closed parking structure abates the noise and light spillage nuisances that would be caused by an open parking structure then so be it. Mr. Scott’s excuses of economic feasibility and hardship is unsympathetic to a Community that has endured years of multiple nuisances from the Gunther site including: flooding with rain water runoff, light pollution, early morning garbage trucks, car alarms and site communication loud speakers. Mr. Scott writes, “A request was made for Gunther to analyze turning the exterior lights off late in the evening to reduce light pollution. Gunther is unable to accommodate this request, as the lights are used to enhance security for the site, a City requirement.” If I understand Mr. Scotts’ flawed circular logic correctly, it is the City of Delray Beach that floods my daughter’s bedroom with light pollution continuously through the night for the past several years not Gunther Volvo. More precisely stated and adjudicated, Gunther is solely responsible to abate any nuisance emanating from their site including: car alarms, rain water discharge, light spillage, extreme early morning garbage pickup, loud music, site communication via loud speakers etc. Based on the information I have provided, I reiterate my request that the Gunther Site Modification Plan be removed from the April’s SPRAB hearing agenda to facilitate further review. Epilogue: On 4/20/2017 I arrived home at 10:14 pm after completing this correspondence. I was greeted by my constant night time companion; the Gunther site lighting. Please see attached. For the adjoining neighbors, the Gunther project represents a significant hardship in our lives. This is not about open versus closed parking structures, the offloading of cars, site drainage, landscape plans, light spillage or car alarms but rather a constant erosion of our quality of life. The postponement of the SPRAB hearing for the Gunther’s site may be the last best chance to resolve our differences in a cordial and timely manner. For myself and my neighbors, Gunther’s site creates an untenable nuisance in our lives that should not be magnified or exacerbated to any greater extent by the approval of their Site Plan Modification. Sincerely, Quinn I. Miklos Quinn I. Miklos, NCARB Registered Architect Fl. Reg. AR 91602 www.miklosarchitecture.com Cc: Delray Beach Mayor Cary Glickstein glickstein@mydelraybeach.com Cc: Town of Gulf Stream Mayor Scott Morgan smorgan@gulf-stream.org Cc: Place Au Soleil President Chet Snavely ccsnavely@aol.com Cc: Town of Gulf Stream Manager William Thrasher bthrasher@gulf-stream.org 667 FEET 1 667 FEET 1 120 FEET 2 700 FEET 3 1266 FEET 4 LOCATION MAP LOCATION 1667 FEET LOCATION 2120 FEET LOCATION 3700 FEET LOCATION 41266 FEET OSHA STANDARDS APR 20, 2017 6:00 am APR 20, 2017 10:14 pm VIEW FROM BEDROOM 2:56 am .pdf Miklos~1.pdf Miklos Volvo 4-21-17.pdf application/pdf B10CFC285BDBE34DA30C8747FE6C9ABA@namprd09.prod.outlook.com EnUs Volvo with Marty Minor report.pdf .pdf Volvow~1.pdf Volvo with Marty Minor report.pdf application/pdf 2E8DC9CB03480643A56FC295C221F7AB@namprd09.prod.outlook.com EnUsRenee, Would you please put my letter on stationary and mail out today—preferably FedEx Overnight. Include with my letter the attached Commission’s letter with Marty Minor reports and the Miklos letter with attached photographs. Thanks. Scott W. Morgan