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HomeMy Public PortalAbout09 26 19 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, SEPTEMBER 26, 2019 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. Chairman, Thomas Smith called the meeting to order at 8:30 A.M. II. Roll Call. Present and Participating: Also Present & Participating: Absent W/Notice Thomas Smith Robert Dockerty Amanda Jones Curtiss Roach (via phone) Jorgette Smith Gregory Dunham Edward Nazzaro Rita Taylor Chairman Board Member Alternate Board Member Board Member Board Member Town Manager Staff Attorney Town Clerk Malcolm Murphy Vice Chairman Caroline Delafield Alternate Board Member III. Minutes of the Regular Meeting and Public Hearing 7-25-19. Board Member Dockerty moved and Alternate Board Member Jones seconded the motion to approve the minutes of July 25, 2019 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. October 24, 2019 at 8:30 A.M. b. November 21, 2019 at 8:30 A.M. c. December 19, 2019 at 8:30 A.M. d. January 23, 2020 at 8:30 A.M. e. February 27, 2020 at 8:30 A.M. f. March 26, 2020 at 8:30 A.M. g. April 23, 2020 at 8:30 A.M. Chairman Smith called attention to the future meeting dates. VI. PUBLIC HEARING. A. Declaration of Ex -Parte Communication Board Member, Jorgette Smith, stated that she had spoken to Rob Lehner, Manager of The Little Club, about the paddles and balls for the pickleball courts. Board Member Roach stated that he had a brief meeting with a gentleman in Rhode Island who showed Minutes of ARPB Regular Meeting & Public Hearing Held 9-26-19 @ 8:30 A.M. him the paddles and balls that were being proposed. Chairman Smith stated that he had also spoken to Ros Curtis, but that it was nothing different from the letter that was in the agenda packet. B. Administer Oaths Town Clerk Taylor swore in everyone who thought they might speak. C. Applications for Development Approval 1. An application submitted by Robert Halula of Slattery & Associates, agent for the owners of property located at 3883 Gulf Stream Road, Gulf Stream, Florida, which is legally described as Golf View Club of Florida. a. LAND CLEARING PERMIT to remove old landscape material and prepare area for new landscaping. b. LEVEL 2 ARCHITECTURAL SITE PLAN REVIEW to renovate the fagade of the existing four-story condominium which includes stucco, paint, balcony railings and new front entry. Jose Fernandez, a partner from Slattery & Associates in Boca Raton, FL, made the presentation regarding the four-story building at 3883 Gulf Stream Road. Mr. Fernandez stated the building was in need of repair and while doing repairs the owners wanted to make some architectural changes. He added there were no structural changes being proposed at this time, just cosmetic and architectural in nature. Mr. Fernandez then referred to the PowerPoint presentation which showed changes being made in the shutters and railings to bring them to Code guidelines. He added they would be adding some stucco detailing as well as changing the color scheme on the shutters to blue and a pastel grey stucco to replace the tan. They want to enlarge the Cornish detailing at the top of the building and remove the four acorn details, he added. Mr. Fernandez stated they would also like to make some landscape enhancements. Mr. Dockery asked if the windows were impact, to which Mr. Fernandez answered that the windows were impact, but not all the doors. Chairman Smith asked if the only landscape changes were the two pots, to which Carol Perez from AGT Landscaping answered that they were proposing two Coconut Palms in the front to replace the Sabal Palms and to clean out the vegetation that had grown up into the Gumbo Limbo on the south side. She added that the Ficus hedge on the south side was overgrown and they would like to replace it with pre-cut wood trees that will be 12 ft. high. In the back there were a couple of Sabal Palms and a Silver Button wood tree to make up for the Ficus tree they would like to remove as it was in poor shape, she stated. Ms. Perez then said they would refresh the shrubbery around the building and do some layered planting on the wall in the front. Chairman Smith asked if the shutters were going to be functioning to which Mr. Fernandez said they would look like it, but they would not be functioning. Board Member Dockerty made a motion to approve a Level II Architectural/Site Plan based on a finding that the proposed fagade renovations to an existing 4 (four) story condominium including stucco, paint, balcony railings and 2 Minutes of ARPB Regular Meeting & Public Hearing Held 9-26-19 @ 8:30 A.M. landscaping enhancements meet the minimum intent of the Design Manual and applicable review standards with the following condition: 1. Any minor modifications in the approved landscaping shall be submitted to the Town Manager for review and approval and any major modifications shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. Alternate Board Member Jones seconded the motion and all voted AYE at roll call. 2. CONTINUED FROM JULY 25, 2019 An application submitted by Bryan Donahue, Insite Studio, as agent for The Little Club, the owners of property located at 100 Little Club Road Gulf Stream, Florida, which is legally described as lying in Section 3, Township 46 South, Range 43 East Palm Beach County, Florida. a. Land Clearing Permit to permit the removal of existing 48" diameter Green Buttonwood tree from construction site. b. Level 2 Architectural/Site Plan Review to permit the construction of two Pickleball Courts with a spectator area, a total of 3,300 square feet, in an open area west of the existing Hillside House Condominium. Mr. Bryan Donahue referred to his PowerPoint presentation that showed the location had not changed since the last meeting. What had changed was the four ft. chain link fencing added on the west side of the courts and an increase in the height of the Calusia hedge from four ft. to eight ft. on the north and east side, he added. Mr. Donahue stated that more sound mitigation techniques had been added since the last meeting including specialized Acoustiblock Fencing, the height change to the hedge, GAMMA Foam Quiet balls, Sniper Quiet Pickleball paddles and a Sound Study performed on September 18, 2019. Board Member Dockerty asked if putting the fence on the north and south ends, rather than just the east, would make a difference to which Mr. Donahue said at this time they felt doing it on the east side would be enough. Mr. Donahue then explained the Sound Study that was done by a third party at the east property line of the proposed courts. The results concluded that the "peak sound levels produced by the various grounds keeping equipment (excepting the golf cart) were substantially higher than peak sound levels produced by hitting the pickle balls." Mr. Donahue added that the study did not consider the additional screening and sound buffering variables which included the Acoustiblock fencing, rubberized surface and 8' hedge. Sound and decibel levels were discussed in depth. Member Roach asked why the fencing wasn't being considered for the north side of the courts as many of the complaint letters received were from St. Andrews. Mr. Donahue said they were open for discussion even though it wasn't proposed at this time. Mr. Donahue then reiterated what was mentioned in the last meeting regarding moving the pickleball courts to 3 Minutes of ARPB Regular Meeting & Public Hearing Held 9-26-19 @ 8:30 A.M. where the croquet fields are located and he explained that it was not going to be feasible to switch them. The meeting was then moved out to the parking lot to see a demonstration of the paddles and pickleballs. Mr. Donahue showed the difference in sound between the regular pickleball with the Sniper paddles and the GAMMA Foam Quiet balls. Board Member Smith asked how the sound mitigation was going to affect the residents who lived on higher levels. Mr. Donahue did not know a technical answer. Alternate Board Member Jones asked if there were going to be a set of rules by the Pickleball Courts demanding that people use the approved equipment. Mr. Donahue thought that was a good idea and felt the club would be open to that. Board Member Dockerty asked if they had considered a concrete wall in place of the fence to which Mr. Donahue said they had not. Discussion was had as to how the courts would be "policed" on only being able to use the approved paddles and pickleballs and if accompanied guests had their own paddles and balls, what would happen. Mr. Rob Lehner, The Little Club General Manager, then spoke and said they wouldn't be allowed to play. Chairman Smith brought up player noise and said that was as noisy or more than the hitting of the balls. He then added that the Board had received many letters, memos and e-mails from residents of the Hillside House and St. Andrews Club with only one person being in favor of the courts. Mr. Eddie Dalidowicz, a board member of The Little Club, stated that there were tennis courts on the east side of Hillside House that have no sound proofing and no sound barrier and are built right up to the property line and wondered if there had ever been any complaints about that, to which Town Manager Dunham said he had not received any complaints about the tennis court noise. Mr. Dunham then added that he had mentioned to The Little Club about moving the courts to the south, but they had said they used that area for other things, but also mentioned if they expanded the pickleball courts, they would expand them to the south. Mr. Lehner stated that at the meeting two months ago, it was asked of them to move the croquet courts to this area. He said that 30-40 people play croquet at a time and wanted to know why it wouldn't be a problem for 30-40 people to be playing croquet, but it's a problem to have pickleball courts with a maximum of eight people playing at a time. Mr. Rob Grassi, Club Manager at St. Andrews, stated that they did receive complaints from Hillside regarding the tennis courts. Board Member Dockerty asked what the hours were for the tennis courts, to which Mr. Grassi answered 9:00-5:00 and added they had tried to start earlier but had too many complaints. Ms. Sophie Bent, a resident of Hillside House, said she had seen people playing at 7:00 AM, so it was hard to keep people abiding to the rules. Ms. Bent then stated she lived in Apt. 7 and owned Apt. 1 and the pickleball courts would directly affect approximately six of the apartments at Hillside. Ms. Bent stated that she appreciated the sound mitigation being done by The Little Club but was still concerned. She added that enforcement of lawn mowers, etc. wasn't done now so she didn't feel the enforcement of only using the 4 Minutes of ARPB Regular Meeting & Public Hearing Held 9-26-19 @ 8:30 A.M. approved paddles and balls would be done either and added that a regular pickleball player would not want to use the quiet balls. She added that she thought the application should be denied or postponed until alternative plans can be studied when all the residents are in town. Chairman Smith asked if the courts were moved further south, if that would make a difference, to which Ms. Bent answered that all their terraces were facing the courts, so she thought it was always going to be an issue. Board Member Roach said that he assumed people playing on the pickleball courts would have to check in at the golf shop before going to the courts, so they would then have to use the approved equipment. He added that he was hearing from Ms. Bent that no matter what the club does, and the accommodations being made regarding sound mitigation, she still would not want the pickleball courts. Ms. Bent answered by saying she can't see that any of it is going to make a difference because noise carries up. Mr. Roach then stated that he would like the proposal from the Little Club to possibly add more courts further south be taken off the table and be limited to only the two courts. Mr. Lehner asked Ms. Bent what assurance she was looking for to which she answered she wanted a sound study done at the site, to which Mr. Lehner said they couldn't do an actual study without building the courts and the fence, but that the study was done at the actual site. Mr. Roach asked Ms. Bent what hours she would like them to be used and she stated she wouldn't like them to be used on the weekend but knew that wouldn't happen. Mr. Roach then stated it wasn't a quiet zone or a library and didn't feel she would ever be pleased. Mr. Richard Lucas, a resident at Unit 8 of the Hillside House, stated he didn't feel the Little Club had acted as a good neighbor throughout this application because they scheduled it in July thinking they were going to shove it through, then saying they spoke to the president of the Hillside House and said he approved, but Ms. Taylor read a letter saying they were against it and they said there were never complaints from the tennis courts, yet there were. He added they had rushed to finish the croquet courts so they couldn't put the pickleball courts there. Mr. Lucas also stated that the biggest concern at the club was not the members but the children and grandchildren of the members who consistently break the rules and there would be complaints and the Town would have to do something about it. He then asked the Board if any of them would want the pickleball courts next to their homes and felt that they should vote no to this application. Mr. Roach stated he felt this had come to an impasse and thought it should go to the Commission Board. Mr. Robert Grassi, Club Manager at St. Andrews, stated that the president of Fairways asked him to represent them and their 40 units not in favor. Chairman Smith then referred to a portion of a letter from Virginia Genereux, a resident at Hillside, who brought up the Town's Code of Ordinances, specifically Section 66-352, where it states "nor shall anything be constructed or maintained that would in any way constitute a nuisance to adjacent property owners, residents or to the community," 5 Minutes of ARPB Regular Meeting & Public Hearing Held 9-26-19 @ 8:30 A.M. further going into Section 66-368 states "no tennis court shall be located, designed, operated or maintained so as to interfere unduly with the enjoyment of the property rights by owners of property adjoining the tennis court". He added that the Ordinance is what is governing the decision by the Board, but the acoustics is what keep coming up time and again. Chairman Smith stated the possibility of deferring this application another month so that the professional from Cooper City could attend the next meeting to give his professional opinion on the acoustics or someone could make a motion and they could vote or they \ could defer it to the Commission, although he didn't think that fair to them since they hadn't been involved in any of the meetings. Town Manager Dunham then stated that they were a recommending board so if they sent it on to the Commission, they would have to send a yay or nay recommendation. Board Member Roach was not ready to make a motion and was opposed to causing a lot of disharmony right now in the neighborhood. Board Member Dockerty stated he was inclined to approving the application with a long list of concessionary acoustic items, hours of play, etc. and thought the Club had bent over backwards to accommodate the residents, but he also agreed that another 30 days wouldn't hurt to try and get the parties together so both sides would be in agreement. Mr. Donahue didn't feel that another 30 days would change anything because the Club has done everything asked and the residents were unwilling to meet or come to any type of compromise. He then asked if the Board would make a motion and vote. Board Member Dockerty said he was not prepared to make a motion because he wanted all the details written out as to what the Club was willing to do on the north side, extra vegetation, limiting the hours, etc. Mr. Donahue then said that if there was another postponement they would need clear direction as to what the Board was asking for as they felt they have accommodated very well up to this point. Mr. Lucas then asked why it hadn't been presented to the members of The Little Club for a vote and this had been decided by The Little Club Board without any approval of the members and he suggested a third party do a ballot to the members of The Little Club to see if this was something that they wanted. Chairman Smith stated the ARPB cannot mandate what The Little Club does with their membership. Ms. Bent thought the meeting should be delayed until all the residents of Gulf Stream are in town. Chairman Smith said to move forward there had to be a motion and no one was willing to make a motion. Mr. Donahue said they would love to have a meeting outside of the chambers to try and be good neighbors. Mr. Dunham then offered to be a mediator between both sides and meet with them to develop some conditions regarding the courts. Chairman Smith asked if the Hillside House would be willing to meet with the Little Club. Ms. Bent stated that she was the only one in residence right now and they usually don't return until after Thanksgiving or Christmas. Chairman Smith stated that Ms. Bent seemed to be a good representative for the Hillside House and would she be willing to meet with The Little Club. Mr. Grassi stated that Fairways C Minutes of ARPB Regular Meeting & Public Hearing Held 9-26-19 @ 8:30 A.M. would want a representative at the meeting as well. Assistant Town Attorney made it clear that none of the ARPB would be able to attend any private meetings. Chairman Smith suggested the parties involved meet and then the ARPB would vote at the next ARPB meeting on October 24, 2019 based on their decision from the private meeting. Mr. Lehner asked for specific recommendations from the Board regarding putting conditions in for approval. He added that they had sent an e-mail to all of the Hillside group on 9/12/19, as well as a certified letter to Sophie Bent that she received on 9/18/19, and he had invited everyone over to The Little Club to have conversation and no one showed up. Chairman Smith pointed out that they aren't in town. Mr. Lehner agreed but said he only received one response via e-mail and the people that were in town weren't willing to compromise at all. Mr. Dunham added that what a meeting may do is help the ARPB with conditions and more specificity, as Board Member Dockerty had pointed out earlier. Chairman Smith then gave some specifics that the board would like to see which would be sound issues on the north side, more dense landscaping, no night activity or any social activity on the courts, no expansion of the pickleball courts, signage with rules of play regarding paddles and balls, and to have the sound engineer present at the next meeting to explain the acoustics. Mr. Lehner said The Little Club would be willing to meet anytime and anywhere. Board Member Dockerty made a motion to delay the application until the October 24, 2019 ARPB meeting. The motion was seconded by Alternate Board Member Jones with all voting AYE at roll call. VII. Items by Staff. There were none. VIII. Items by Board Members. There were none. IX. Public. There were none. X. Adjournment. Chairman Smith adjourned the meeting at 10:06 A.M. 9 Basel stant Town 7