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HomeMy Public PortalAbout06 25 2020 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, JUNE 25, 2020 AT 8:30 A.M., IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. NOTE: THERE WAS LIMITED PUBLIC ACCESS TO TOWN HALL. THIS TOWN COMMISSION MEETING WAS ABLE TO BE ACCESSED ONLINE, INCLUDING ALLOWING FOR PUBLIC COMMENT. I. CALL TO ORDER Chairman Smith called the meeting to order at 8:30 A.M. II. ROLL CALL Present and Thomas Smith Chairman Participating: Malcolm Murphy Vice Chairman Curtiss Roach Board Member Jorgette Smith Board Member Amanda Jones Alternate Board Member Also Present & Participating: Gregory Dunham Edward Nazzaro Rita Taylor Absent w/notice: Bob Dockerty Town Manager Staff Attorney Town Clerk Board Member III. MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING 05-28-2020 Board Member Roach moved, and Board Member Smith seconded the motion to approve the minutes of May 28, 2020 and all voted AYE at roll call. IV. ADDITIONS, WITHDRAWALS, DEFERRALS, ARRANGEMENT OF AGENDA ITEMS Town Clerk Taylor noted that the Town had received an e-mail from the owners at 1555 N. Ocean Blvd. asking to be deferred to the July meeting. V. ANNOUNCEMENTS A. Meeting Dates 1. Regular Meeting & Public Hearing a. July 23, 2020 at 8:30 A.M. b. No August Meeting C. September 24, 2020 at 8:30 A.M. d. October 22, 2020 at 8:30 A.M. e. November to be determined VI. PUBLIC HEARING A. Applications for Development Approval 1. 1555 N. Ocean Blvd. Deferred to July ARPB Meeting. Minutes of ARPB Regular Meeting & Public Hearing Held 6-25-2020 @ 8:30 A.M. 2. 530 Old School Road a. Declaration of Ex -Parte Communication Board Member Smith recused herself as this is a neighbor. There was no ex -parte communication. b. Administer Oaths Town Clerk Taylor administered the oath to Richard Jones and Louis Vlahos. c. An application submitted by Richard Jones, Richard Jones Architecture, as agent for Alex and Francesca Lewis, Owners of the property located at 530 Old School Road, Gulf Stream, Florida legally described as Lot 8, Polo Fields Subdivision. (1) DEMOLITION PERMIT to demolish existing Structures. (2) LAND CLEARING PERMIT to clear property for new construction. (3) SPECIAL EXCEPTION to permit an additional 153 sq. ft. over the maximum floor area ratio for covered open area. (4) LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the construction of a 5,266 sq. ft. Colonial West Indies 2 -story, single family dwelling, two- and one-half car garage and a swimming pool. Mr. Richard Jones, Architect, began by stating this lot is in an area of town that is prone to flooding so they had to take that into consideration when proposing the design of the 5,240 sq. ft. two-story home. Mr. Jones pointed out that the mature hedges along the east and west property lines were staying in place. He added the lot coverage was below the minimum required and the pervious area was above the minimum required and they were able to increase the setback from the existing house by using the two-story approach. Mr. Jones explained the symmetrical front entry and entry courtyard was designed to pick up the grade differential they had from the street and driveway to the house to meet the minimum requirements of the Florida Building Code and with FEMA it had to be at 7.0 NAVD. He added they took into consideration Section 70.73 C. regarding the massing of two-story homes and they provided the additional setbacks required and incorporated the front porch at the same time. The entire house is in white and the accent color will be a slate light bluish gray that is complimentary to the standard, Gulf Stream approved, flat, medium gray concrete tile roof. Mr. Louis Vlahos, landscape architect, began by stating they had tried to save a lot of the existing trees because they are large and mature, but when they decided to raise the seawall by two feet, there was no room to relocate a couple of the larger trees. He added that two ficus trees in the front would not make it if they were relocated, so they needed to eliminate those as well. Mr. Vlahos added 2 Minutes of ARPB Regular Meeting & Public Hearing Held 6-25-2020 @ 8:30 A.M. that the circumstances of raising the elevation was not allowing them to keep some of the large materials and thought this was going to happen more and more as they keep raising the elevations. He noted the 10-12 ft. hedges on the east and west side were staying as well as the areca palms and he then explained in detail the landscaping being proposed and what vegetation was being relocated. Mr. Vlahos stated a lot of the landscaping was for privacy and screening, but they wanted to keep the views in the rear open as much as possible. Vice Chairman Murphy asked about the special exception and thought they didn't permit special exceptions or variances for new builds. Town Clerk Taylor stated it was created to encourage more open balconies and porches and every time they use the special exception, however much they are asking for, they have to be able to supply two times that amount in computing the original FAR. She added what was really happening was the mass was being kept down by encouraging lanai's and balconies. Alternate Board Member Jones asked if there had been any comment from the neighbors to which Town Clerk Taylor said there had not. Board Member Smith said Gulf Stream Resident, and neighbor to the west of this property, Joe Hardiman, had e-mailed Renee. At that point Assistant Town Clerk Basel left the meeting to check her e-mail. Chairman Smith asked if the intent was to raise the seawall two feet above its current level and put a two -foot retaining wall around the east and west sides. Mr. Jones stated the seawall that is currently at 3' NAVD is going to be raised to 5' NAVD. Chairman Smith said he wondered because when you get to the corners and your wall is 5' and your neighbor is at 31, when there is a rising tide the water is going to run around the corner. He wanted to know if the retaining wall on the east and west sides tied into the seawall or were they making a two -foot island. Mr. Jones explained this was the recommendation of the Civil Engineer, Joe Pike, with Enviro Design that the seawall be raised by two feet in order to ensure the proper drainage for this site and that the backyard did not become soggy when there was a heavy rain or when there were rising tides. He added what was needed, in addition to the two -foot retaining wall, was roughly a two -foot landscape retaining wall that runs along the east and west side of the property. Mr. Jones stated they took into consideration the adjacent property grades and the existing vegetation and the retaining wall that would normally be put on the property line was moved 30" into the property, so for the first two and a half feet of the property, the grade of three is maintained and for the balance, the backyard is roughly up at a level of five. He added it was very common to install these retaining walls in the rear of the property in order to bring the grade up to be more compatible with FEMA requirements to have the house at seven. Chairman Smith brought up the fact that the Town was going to begin to face this on everybody building a home on a lot like this. He then asked Mr. Jones if it was stacked blocks to which Mr. Jones stated it was a gravity block system that did not require footing and that it was more of a landscape feature and was actually quite attractive. Mr. 9 Minutes of ARPB Regular Meeting & Public Hearing Held 6-25-2020 @ 8:30 A.M. Jones stated that because of the new FEMA regulations the houses being designed today were roughly 18" higher than they were a year and a half ago and FEMA was talking about raising it again. Board Member Roach asked if by raising the wall, were there going to be drainage pipes that lead into the intracoastal or is the water going to run left and right to the east and west. Mr. Jones answered that it was running along the inside line of the existing hedges and once that is raised, then all of the sloping of the property goes inward on the property, so the water does not shed east and west, the water sheds towards the interior of the property and then gets connected to either exfiltration trenches or percolates down into the soil. He added there was no water that would shed onto any adjacent properties or the intracoastal per the requirements for drainage by the City of Delray. Town Manager Dunham agreed with Mr. Jones that this was going to be the new normal. He then added that we had received an e- mail from Mr. Hardiman at 8:28 A.M. but that all the questions he asked had been answered already but he read them for the record. They were as follows: 1) Will there be added fill to increase elevation? If so, to what height? How will this affect drainage and storm water runoff? What will be the impact on neighbors? 2)What is the proposed increase in the height of the sea wall? 3)Is the request for a special exception for a specific location or is it just an overall increase in the permitted mass of the building? 4) What are the external materials -siding and roof -and what are the proposed colors? Chairman Smith asked Mr. Jones if the special exception was primarily for the covered area off the upstairs bedroom or if it was overall to answer Mr. Hardiman's question. Mr. Jones answered that it was specific. He added that the owner had desired for the majority of the balcony to be covered but they told him in the calculations for the design of the house they would only be able to cover a small amount. If the special exception was not approved, then the balcony would be completely open. Mr. Jones stated the Code required a 50' setback and they were at 72', which was meant to not encroach on any of the view to the neighbor. Vice Chairman Murphy made a motion to recommend approval of a demolition permit for the demolition of all structures. Alternate Board Member Amanda Jones seconded the motion with all voting AYE at roll call. Vice Chairman Murphy made a motion to recommend approval of a Land Clearing Permit to clear the land enough to build a new structure. Board Member Roach seconded the motion with all voting AYE at roll call. Vice Chairman Murphy made a motion to recommend the approval of a Special Exception to permit up to an additional 153 sq. ft. of covered open area that exceeds the maximum FAR. Board Member Roach seconded the motion with all voting AYE at roll call. Vice Chairman Murphy made a motion to recommend the approval of a Level III Architectural/Site Plan based on a finding that 4 Minutes of ARPB Regular Meeting & Public Hearing Held 6-25-2020 @ 8:30 A.M. the demolition of all existing structures, clearing the land to permit the construction of a 5,266 sq. ft. Colonial West Indies 2 -story single family dwelling, two and a half car garage, and a swimming pool meets 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 modification shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. 2. Prior to the issuance of a building permit, the owner of the property shall prepare and sign a Gulf Stream Driveway Removal Agreement. Board Member Roach seconded the motion with all voting AYE at roll call. 3. 554 Palm Way a. Declaration of Ex -Parte Communication There was none. b. Administer Oaths Town Clerk Taylor swore in Matthew Ostrowski. c. Application submitted by Matthew Ostrowski, Architecture Experiences, Inc., Agent for Barry Lorenzetti, owner of the property located at 554 Palm Way, Gulf Stream, Florida legally described as the south 50 ft. of Lt. 21 in Polo Cove and Lot 1 plus the west 41 ft. of Lot 2 in Gulf Stream Cove. (1) SPECIAL EXCEPTION to permit an additional 185 sq. ft. of covered open area that exceeds the maximum floor area ratio. (2) LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the addition of 2 balconies to the existing two-story, Dutch Colonial, single family dwelling and extend a privacy stucco wall, fence and hedges. Mr. Matthew Ostrowski made a presentation describing the minor addition of two balconies to the rear yard of the existing house and some landscaping work to be provided to continue and complete the privacy screening elements in the north parking area. The balconies will be on the second floor attached to two existing bedrooms and will have pathways underneath them that will not be covered, he added. Mr. Ostrowski explained they were adding ornamental trim and lighting to the entryway and changing gas lighting to electric as well as replacing existing balcony railings to match the railings on the new balconies. He stated they were adding a stucco wall fence and hedges on the west side of the property to match the existing. Mr. Ostrowski stated they would be installing a light over the front door and new pediment molding encasing around the existing window with some minor tile inlay that would be complimentary to the existing color scheme. Board Member Smith asked if Mr. Ostrowski had any samples of the tile and he said they were looking at a diagonal 5 Minutes of ARPB Regular Meeting & Public Hearing Held 6-25-2020 @ 8:30 A.M. herringbone pattern that would create a staccato landscape compliment. Chairman Smith asked how tall the wall was going to be around the parking area and Mr. Ostrowski answered it would start at 615" feet at the building and scale down to around 3.5' or 4'. Board Member Roach stated that Mr. Ostrowski had said he was going to address the special exception and the two times reduction and added that the house was only built several years ago and wondered how he was proposing to have the two times reduction on the FAR. Mr. Ostrowski stated the proposed floor area was 10,011 sq. ft. and the allowable was 9,826. The allowable with the exception would be 10,126, so they were about 100 sq. ft. under that. He added that the proposed exterior construction is 221 sq. ft. but there was an existing 534 sq. ft. of covered porches and overhangs provided by balconies, the logia and the covered entry and the side entrance so the ratio would be 534 to 221 and within the two to one ratio. Mr. Ostrowski stated that two thirds was being maintained within the existing covered areas and the one third would be less than half of the existing covered areas. Board Member Roach then asked Town Manager Dunham if that complied with the Code to which Town Clerk Taylor answered they believed it did. Alternate Board Member asked if the existing railings were going to match the proposed railings on the balconies to which Mr. Ostrowski answered in the affirmative. Vice Chairman Murphy asked if there had been any comments from the neighbors to which Town Clerk Taylor answered there had been none. Alternate Board Member Jones asked if the hardscape was existing to which Mr. Ostrowski answered in the affirmative. Board Member Smith asked if they could see the decorative tile for the front before it was put on to the house. Chairman Smith stated they were worried about the color. Mr. Ostrowski stated it would be white with a flat or glazed tile in a small format and symmetrically aligned. Vice Chairman Murphy made a motion to recommend the approval of a Special Exception to allow up to 300 sq. ft. of roof projections (covered, unenclosed areas) that exceed the allowable FAR by 185 sq. ft. Board Member Smith seconded the motion with all voting AYE at roll call. Vice Chairman Murphy made a motion to recommend the approval of a Level III Architectural/Site Plan based on a finding that the addition of two balconies to the existing two-story, Dutch Colonial, single family dwelling and the extension of a privacy stucco wall, a fence and new hedges meets 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 modification shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. Board Member Roach seconded the motion with all voting AYE at roll call. Vice Chairman Murphy excused himself from the meeting at 10:00 A.M. and returned at 10:55 A.M. N Minutes of ARPB Regular Meeting & Public Hearing Held 6-25-2020 @ 8:30 A.M. 4. 3054 Gulf Stream Road a. Declaration of Ex -Parte Communications There was none. b. Administer Oaths Town Clerk Taylor swore in Dave Bodker. c. Application submitted by Dave Bodker, Dave Bodker Landscape Architecture, Agent for William Holding, owner of the property located at 3054 Gulf Stream Road, Gulf Stream, Florida, legally described as Lot 19, Gulf Stream Properties. (1) DEMOLITION PERMIT to demolish all structures on the property. (2) LAND CLEARING PERMIT to remove 13 trees less than 8" in diameter. (3) LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit removal of all structures and install irrigation system and sod on entire property. Mr. Dave Bodker, landscape architect, stated they were seeking a demolition permit for the existing house, pool and other paved areas. He added their intention was to remove the minimum number of trees possible and still do the demolition. Mr. Bodker stated all the existing trees and hedges would be protected during demolition by temporary fencing and after completion of the demolition, the yard would be sodded and irrigated. Chairman Smith asked if most of the removals of the trees were in the front of the home and a few in the backyard. Mr. Bodker stated the ones in the front being removed were so the machinery could get to the front of the house and others were in very poor condition and not worth relocating. Chairman Smith stated with the removal of the trees it was going to look like a star corner to which Board Member Smith stated she thought it might actually look a little better because it looked a little run down right now. Board Member Roach made a motion to recommend the approval of a demolition permit. Alternate Board Member Jones seconded the motion with all voting AYE at roll call. Board Member Roach made a motion to recommend approval of a land clearing permit to remove 13 trees less than 8" in diameter. Board Member Smith seconded the motion with all voting AYE at roll call. Board Member Roach made a motion to recommend approval of a Level III Architectural/Site Plan to demolish a structure and to re -landscape and irrigate the entire lot. Alternate Board Member Jones seconded the motion with all voting AYE at roll call. 5. 4225 N. County Road a. Declaration of Ex -Parte Communications Board Member Roach stated he had spoke to Rob Powell regarding the application process. b. Administer Oaths Town Clerk Taylor swore in Michael Rizzo. 0 Minutes of ARPB Regular Meeting & Public Hearing Held 6-25-2020 @ 8:30 A.M. c. Application submitted by Michael Rizzo, Rizzo & Rizzo, Inc. as Agent for Robert & Sandra Powell, owners of the property located at 4225 N. County Road, Gulf Stream, Florida, legally described in metes & bounds in Government Lot 2, Section 34, Township 45 S. Range 43. (1) DEMOLITION PERMIT to demolish 575 sq. ft. of existing building. (2) LAND CLEARING PERMIT to construct a new septic system. (3) SPECIAL EXCEPTION to permit up to a maximum FAR of 2,500 sq. ft. due to the small size of the property. (4) LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit additions and renovations to the existing Gulf Stream Bermuda, one-story, single family dwelling that will increase the size of the dwelling to 2,392 square feet. Mr. Michael Rizzo, architect, explained that this was one of the smaller lots in town with one of the smallest homes. He stated the house was inferior wood construction right now, not cement block, and the septic system and tank was in the east corner in the front of the house and was currently under size and wouldn't meet today's Code. He added the leach field is running underneath the front portion of the house. Mr. Rizzo stated they were proposing to demolish the front part of the house they had enclosed with wood and the chimney. He added they were proposing to remove all the existing trees and vegetation because anything over eight inches in the front were diseased and had large holes in them. Mr. Rizzo stated they wanted the leach field to be alongside the house with the high-performance septic system in the back of the house. He added they needed to remove the trees where the current septic system was located but they were going to keep the large banyans in the back that anchored the corners. Mr. Rizzo said they were proposing a Chattahoochee Stone driveway with a clusia hedge to wrap the perimeter in place of the wooden fences to clean up and provide privacy. Mr. Rizzo stated the site itself was approximately 5,600 sq. ft. and under the Town Code it allows a house up to 2,500 sq. ft. and they were at 2,392 with what they wanted to add. He stated the special exception was required because it was a non -conforming site with non -conforming setbacks, and they need special exceptions for the setbacks. Mr. Rizzo stated all their setbacks were less than what currently existed and provided relief. He added they pushed the building back in the front, which is the setback that didn't conform. Alternate Board Member Jones asked if the second floor was living space to which Mr. Rizzo stated it was a double height space and there was no living area there. He added it was put there to let sun into the room and even though it was counted double because of being a double height space, they were still under the 2,500 sq. ft max. 8 Minutes of ARPB Regular Meeting & Public Hearing Held 6-25-2020 @ 8:30 A.M. Alternate Board Member Jones and Chairman Smith thought the front elevation seemed to be overpowering or too tall and wondered if they could accomplish the lighting without going up that high. Mr. Rizzo reminded them that the front face was pushed 50 ft. off the street. Chairman Smith asked if it conformed to Code and Town Clerk Taylor answered in the affirmative. Mr. Rizzo stated if you look at it in context to the buildings surrounding it, it wasn't big. Chairman Smith stated as far as landscaping, the front rendering looked awfully stark and looked like mostly removals. He asked Mr. Rizzo to go over the landscape plan with the board. Mr. Rizzo stated there were the banyans in the back and the clusia hedge around three sides because they wanted to keep the right side of the house clear for drip irrigation of the septic. He added that because the lot was so tight and they needed the special exceptions, they were leaving the planting in center aisle and along the front of the house as TBD. Mr. Rizzo stated they couldn't set the foundations or solidify the septic field without some more guidance from the Town, but they would come back with a fully fleshed out landscaping plan in the front that would be very acceptable. Town Manager Dunham stated that this was the first they had heard of the landscape plan. Chairman Smith told Mr. Rizzo they would need more dense landscaping than they were showing. He then asked if there had been any comments from the neighbors to which Town Clerk Taylor said there had not. Rob and Sandra Powell, the owners, stated they had spoken to the neighbors and their comments were that they couldn't wait until it was done. Mrs. Powell stated she personally thought it was a huge improvement over what was there now. Chairman Smith told her that he agreed but that the landscaping on the front of the home needed to be pretty dense. Mr. Powell stated they were waiting to do the landscaping plan until the septic system was installed, but they were looking at putting hedges in front of the windows and on the sides, but it was all dependent on where the leach field was going to be placed. Chairman Smith asked about the drain field to which Mr. Powell stated the engineer and Joe Pike had gone through all that and were now talking to the construction company that will be installing the system, which is new to the county but has been approved by Tallahassee, called the Fuji Clean System. Mr. Rizzo stated it was a mini sewage treatment plan and not a typical old-fashioned leach field. He added the water that comes out of the drip irrigation is virtually clean when it's done. Chairman Smith asked if the private sanitary sewer for the Town ran up County Road to which Town Manager Dunham answered that it did, but it was behind the houses on the west side and ran along the border of the golf course. Town Manager Dunham added that other neighbors had investigated trying to hook into that from the east side and had contacted contractors but found it to be cost prohibitive. Chairman Smith asked if there were any other comments or questions to which Board Members Smith and Roach stated they thought it was a vast improvement. Board Member Roach made a motion to recommend the approval of a demolition permit for the demolition of selected areas of a single - 0 Minutes of ARPB Regular Meeting & Public Hearing Held 6-25-2020 @ 8:30 A.M. story house located at 4225 N. County Road. Board Member Smith seconded the motion with all voting AYE at roll call. Board Member Roach made a motion to recommend the approval of a Special Exception of Floor Area Ratio for a lot less than 7,576 sq. ft. Board Member Smith seconded the motion with all voting AYE at roll call. Board Member Roach made a motion to recommend the approval of a Special Exception for additions to the structure at 4225 N. County Road with existing nonconforming setbacks. Board Member Smith seconded the motion with all voting AYE at roll call. Board Member Roach made a motion to recommend the approval of a Level III Architectural/ Site Plan based on a finding that the selected demolition of a single -story 1,879 sq. ft. house and the reconstruction of additions to the house making a total square footage of 2,392 sq. ft. including a double height living room meets the minimum intent of the Design Manual and applicable review standards with the following condition: 1. Any landscaping improvements that are yet to be submitted be forwarded to the Commission for review and approval, prior to commencement of landscaping. Board Member Smith seconded the motion with all voting AYE at roll call. 6. 520 Middle Road a. Declaration of Ex -Parte Communications There was none. b. Administer Oaths Town Clerk Taylor swore in Fritz Souder. c. An application submitted by William Souder, owner of the property located at 520 Middle Road, Gulf Stream, Florida, legally described as Lot 19 and a portion of Lot 20 in Gulf Stream Cove. (1) VARIANCE to permit construction of a 30 ft. long dock which exceeds the 13.3 ft. maximum permitted. (2) LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit construction of a 30 ft. long dock which Exceeds the 13.3 ft. maximum permitted. Town Manager Dunham explained that the Town Code has a very lengthy section on docks and determines how long a dock can be for every waterfront in the core and Place au Soleil. He added that this house is in a section called the Gulf Stream Cove and when Mr. Souder requested a variance there were two other homes in the Cove that had the same waterfront footage as his which was 431311, and on those two homes the maximum dock length is 2811" and it also provides the maximum length of a boat for a dock that size. Town Manager Dunham stated that in the Code, for Mr. Souder's lot, his water frontage was identified as 431311, yet the dock length was 1313" and the angles identified with his lot are much different than the other two lots which are 4313". Town Manager Dunham stated he wasn't sure how many years this section has been in the Code, but to approve a dock, this is where the town refers to but he had 10 Minutes of ARPB Regular Meeting & Public Hearing Held 6-25-2020 @ 8:30 A.M. contacted Urban Design Kilday, the consulting planners who developed this section of the Code. In an assessment of Lot 20, they concluded that the dimensions would be like Lots 6 and 8 allowing a 2811" dock and a 2319" boat. They believe the angles included in this part of the Code were a mistake. Chairman Smith then stated that Mr. Souder could automatically have an approval of a 28'1" dock without requesting a special variance or he could continue with the variance to request something longer that 2811". Mr. Souder asked what the maximum size boat would be to which Town Manager Dunham answered 23'9". Chairman Smith asked how the boat size was determined to which Town Manager Dunham stated it related to the setbacks as well as a chart in the Code that determines the boat size for every lot in the Core and Place au Soleil. Chairman Smith stated they read the letters from both neighbors who are on board with whatever Mr. Souder wanted to do within reason. Mr. Souder explained there were existing dolphin poles in place and pilings that were designed for the existing 30' dock. He just wanted to repair the dock as it was not in very good shape so his goal would be to do a new 30' wood frame dock because he had to take the old one down due to safety issues. Vice Chairman Murphy believed all the conditions were met and that because he had to take it down due to a safety issue then the most practical thing would be to replace it. Board Member Smith asked Assistant Town Attorney Nazzaro about number three regarding the variance not allowing the applicant special privileges. Assistant Town Attorney Nazzaro stated the privilege would be a wider dock would allow for a larger boat. She then stated that if the neighbors didn't consider it a special privilege wouldn't that negate that. Assistant Town Attorney Nazzaro answered that the opinions of the neighbors are irrelevant to criteria numbers. Board Member Smith stated she agreed with Vice Chairman Murphy in that it was already there and wasn't taken down by choice but due to safety issues. She added that was why she didn't think it was a special privilege because it was already there, and they weren't approving anything new. Board Member Roach stated he agreed with that. Chairman Smith stated he agreed with Vice Chairman Murphy as well and believed it was the fair thing to do under the circumstances. Vice Chairman Murphy made a motion to recommend approval of a variance from the provisions in Sec. 66-369 to permit the construction of a 301X 5' dock at 520 Middle Road. Board Member Smith seconded the motion with all voting AYE at roll call. VII. Items by Staff There were none. VIII. Items by Board Members Chairman Smith stated that the new increase in minimum elevation of two feet and seawall increases is something he thought they were going to begin seeing a lot more of and thought they should investigate it further. He added it may govern what they demand or request in the future. Chairman Smith stated he was more worried for the neighbors. 11 Minutes of ARPB Regular Meeting & Public Hearing Held 6-25-2020 @ 8:30 A.M. Town Manager Dunham stated that a lot of them were moving the retaining wall in a couple of feet and planting vegetation on the outside. IX. Public There was none. X. Adjournment Chairman Smith adjourned the meeting at 11:18 A.M. Renee Basel---- Assistant asel`Assistant Town Clerk 12