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MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM,
FLORIDA ON THURSDAY, FEBRUARY 25, 2021 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 Smith called the meeting to order at 8:30 A.M.
II. ROLL CALL
Present and Thomas Smith Chairman
Participating: Malcolm Murphy Vice Chairman
Bob Dockerty Board Member
Curtiss Roach Board Member
Jorgette Smith Board Member
Also Present &
Participating:
Gregory Dunham
Edward Nazzaro
Rita Taylor
Town Manager
Staff Attorney
Town Clerk
III. MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING 1-28-2021
Board Member Dockerty made a motion to approve the minutes of
January 28, 2021 meeting. Board Member Roach seconded the motion with
all voting AYE at roll call.
IV. ADDITIONS, WITHDRAWALS, DEFERRALS, ARRANGEMENT OF AGENDA ITEMS
There were none.
V. ANNOUNCEMENTS
A. Meeting Dates
1. Regular Meeting & Public Hearing
a. March 25, 2021 at 8:30 A.M.
b. April 22, 2021 at 8:30 A.M.
c. May 27, 2021 at 8:30 A.M.
d. June 24, 2021 at 8:30 A.M.
e. July 22, 2021 at 8:30 A.M.
Chairman Smith called attention to these dates.
VI. PUBLIC HEARING
A. Declaration of Ex-Parte Communication
There was none.
B. Administer Oaths
Town Clerk Taylor administered the oath to Geoff Barkett,
John Gundlach, Joe Morris, Jennifer Morris, William Martin,
Wade Greaton, Heather Binnie, Bob Glyn, Bill Boardman, Nancy
Boardman, Cary Glickstein, Mike Covelli, Dave Bodker and
Rustem Kupi.
Minutes of ARPB Meeting & Public Hearing
Held 2-25-2021 @ 8:30 A.M.
C. Applications for Development Approval
Chairman Smith recused himself from this application as it
involved part of his property.
1. An application submitted by Schulke, Bittle & Stoddard,
LLC, as Agent for the owners Stephen & Helen Benjamin,
1200 N. Ocean Blvd. and Thomas & Bettina Smith, 1122 N.
Ocean Blvd., which are legally described as Parcel 1:
Golf Course Addition Lt 9 and Parcel 2: Golf Course Add
Lot 7 (LESS Ely 294.12 FT.) & Lot 8 (Less WLY32.14 FT.) &
9-46-43, SLY 211.12 FT. of NLY 240.12 FT. of ELY 112.49
FT. of NE 1/4 LYG S of & ADJ TO TR R PB115P173 & W of &
ADJ TO PBlOP75 (LESS NLY 179.72 FT. of WLY 31.50 FT.) &
NLY 29 FT. of ELY 720.49 FT. of NE 1/4 LYG S of & ADJ TO
PB36 P110 & TR R PNB115P173 & W of & ADJ to PB10P75.
LEVEL III ARCHITECTURAL/SITE PLAN REVIEW & DEMO PERMIT
a. Construction of a new bulkhead landward
of existing bulkhead.
b. Construction of docks & a boatlift.
c. Construction of site walls to retain existing
Grades.
Mr. Geoff Barkett representing Schulke, Bittle &
Stoddard made a presentation and asked if there were any questions.
Vice Chairman Murphy asked about the incorrect information noted in
point number two on the Report and if the Town had received the revised
sheet to which Town Clerk Taylor stated the Town had not received. Mr.
Barkett stated that the dimensions on the Smith dock showed 95 ft. on
the length and it was only 30 ft. Board Member Dockerty asked what the
length was on the other dock to which Mr. Barkett stated it was about 65
ft. Vice Chairman Murphy asked if there were any comments from the
neighbors to which Town Clerk Taylor stated there had been nothing in
writing and they had indicated they would be present at the meeting. At
this point, Mr. Joe Morris, a resident who lives at 24 Hidden Harbor
Drive, asked if this application was keeping with the Town Code.
Assistant Attorney Nazzaro stated the staff had not seen anything that
didn't meet with the Code. Mr. Morris asked how the fill was going to
be moved. Mr. Barkett answered that all the grading, the fill, the new
bulkheads would be put in place before the old bulkhead was removed.
Mr. Morris wasn't satisfied with that answer and asked where the dirt
would be going and if a barge would be taking it out to which Mr.
Barkett said it would be taken out by truck. Mr. Morris stated the road
wouldn't handle that kind of weight and wanted a provision for the road
to be repaved. Mr. Morris stated he didn't see any screening for the
north side of the property to which Mr. Barkett stated they weren't
doing any construction in that area. Mr. Morris wasn't happy with that
as they would have to look into Mr. Benjamin's yard without anything
being hidden. Mr. John Gundlach, the caretaker of the Benjamin
V,
Minutes of ARPB Meeting & Public Hearing
Held 2-25-2021 @ 8:30 A.M.
property, stated the marina would not be visible from the Morris's
property. Mr. Morris stated that when he drives down the road, he will
be able to see straight in to see a 30 ft. high boat. Mr. Gundlach
answered that he would not be able to see it and added that they would
be putting up the required $5,000 damage bond for any damages done to
the road. Mr. Morris stated $5,000 would not cover repaving the road.
He added that the lights were a concern as well and they wanted some
kind of foliage buffer so as not to see anything as they drove by. Mr.
Gundlach stated he would submit that suggestion to Mr. Benjamin, but
they would not be able to see anything from their home and that the
lighting would be done per Code. Mr. Morris stated he didn't want to
see any elevated lights. Vice Chairman Murphy asked if damage was done
and it was more than $5,000 could the Town be reimbursed for those
damages to which Assistant Town Attorney Nazzaro answered in the
affirmative. Vice Chairman Murphy asked about vegetation to which Mr.
Gundlach stated after everything was finished, they were looking into
re -landscaping. Vice Chairman Murphy asked about the lighting to which
Town Manager Dunham stated the lighting on the dock would have to meet
the Town Code. Mr. Gundlach asked for the section that was in the Code
to which Assistant Town Attorney Nazzaro stated 66.369 Docks,
subparagraph G. Mr. Morris stated he wanted to know what the buffer was
going to be on the north side of the property before they proceeded.
Assistant Town Attorney Nazzaro stated there was a landscape plan that
was being submitted after the current application but it didn't have the
north side of the property on it and that Mr. Gundlach had stated he was
willing to address some of Mr. Morris's concerns in the application.
Vice Chairman Murphy asked if that was satisfactory to Mr. Morris and he
answered in the affirmative.
Mr. William Martin, resident at 12 Hidden Harbour Drive, spoke
about the tree canopy over the road and its adding uniqueness to Gulf
Stream. He was worried about what was going to happen to that canopy
when 50-100 truckloads started coming in and out during construction
adding that these 30-40-year-old trees could not be replaced during his
lifetime. Mr. Martin added that as he was doing his daily walks on this
road he didn't want to look over and see a 70 ft. boat with lights on
the boat. He didn't think the lights on the boat were covered under the
Town Code and believed this application was out of character for Gulf
Stream and would be detrimental to Gulf Stream. Mr. Martin stated he
agreed with the Morris's regarding the screening on the north side that
needed to be done. Mr. Gundlach stated they weren't planning on
removing any trees and that the canopy would not be damaged in any way,
shape, or form. Mr. Morris had an issue with the size of the backhoe to
which Mr. Gundlach stated the same size backhoe had been used before to
replace the septic. Vice Chairman Murphy stated they could add a
stipulation that the equipment used would not damage the road. Mrs.
Jennifer Morris took issue with the fill being removed by trucks and not
by barge. In her opinion, the trees were going to have to come out to
get the trucks in and there would be a 75 ft. section that would be
3
Minutes of ARPB Meeting & Public Hearing
Held 2-25-2021 @ 8:30 A.M.
obliterated, and the road would lose its feel. She stated she can see
straight through behind the guest cottage to where there are propane
tanks, a rusty wall, and a boat trailer that she stated she had asked to
have removed because it is not by Code. Mrs. Morris stated she believed
Mrs. Touhy had in her deed that the property could not be subdivided and
added she considered it a disgrace that Gulf Stream would allow this
project. She was very disgruntled and brought up O'Boyle's property and
how the police department does nothing to stop him and what he has got
away with. Board Member Roach asked the staff if they had talked about
the trucks coming in and out during the pre -application process. Town
Manager Dunham stated that no trees could come out without approval from
the ARPB. Mr. Gundlach stated no trees were going to removed or
impacted by this project. Board Member Roach asked what would happen if
a tree was knocked down and if it would have to be replaced at its
present height to which Assistant Town Attorney Nazzaro stated it would
have to have a reasonable replacement tree. Mr. Morris stated there
would be no way to replace those trees and he and Mr. Gundlach argued
about which side the trucks would have to enter and exit from. Mrs.
Morris wanted to know why the fill couldn't be taken out by barge to
which Mr. Barkett answered the canal wasn't deep enough at only one and
a half feet of water. She then wondered how they were expecting to get
a boat in there. Board Member Dockerty stated he would not be voting on
this application as there needed to be more study done. Board Member
Smith asked about outside agencies to which Mr. Barkett stated they had
met with the Army Corp and FDEP and new bulkheads were exempt from their
rules. Vice Chairman Murphy stated one of the responsibilities they had
as a board was to listen to the community and at this point there were
many concerns. Mrs. Morris asked that the Board look at the Touhy deed
and stated she was also worried about the aging seawall. Mr. Martin
agreed that the Board needed to look at the Touhy deed because if it had
provisions in it then this project may be a moot point. Mrs. Morris had
a question about the voting process which was answered to her
satisfaction by Assistant Town Attorney Nazzaro. She also wanted to
know the height of the vessel, to which Mr. Gundlach stated it was one
story and if in the water, would not be seen from the Morris property.
Board Member Roach made a motion to defer the application
to the March 25, 2021 meeting and asked that the following issues be
addressed:
1. No impact to the canopy entrance of Hidden Harbor.
2. No removal of aged trees.
3. Any road damage repaired.
4. Staff look at the description of the neighborhood so
that the neighbors aren't impacted by a very large
vessel that is incompatible with the neighborhood.
5. Landscaping and screening from the north so that the
vessel is not visible.
Board Member Dockerty seconded the motion with all
voting AYE at roll call.
4
Minutes of ARPB Meeting & Public Hearing
Held 2-25-2021 @ 8:30 A.M.
2. An application submitted by Chris Cabezas, Landscape
Architect, as agent for, Stephen & Helen Benjamin, owners
of property located at 1200 N. Ocean Blvd., Gulf Stream,
Florida 33483, legally described as Parcel 1: Golf Course
Addition Lt 9 and Parcel 2: Golf Course Add Lot 7 (LESS
Ely 294.12 FT.) & Lot 8 (Less WLY32.14 FT.) & 9-46-43, SLY
211.12 FT. of NLY 240.12 FT. of ELY 112.49 FT. of NE 1/4
LYG S of & ADJ TO TR R PB115P173 & W of & ADJ TO PB10P75
(LESS NLY 179.72 FT. of WLY 31.50 FT.) & NLY 29 FT. of ELY
720.49 FT. of NE 1/4 LYG S of & ADJ TO PB36 P110 & TR R
PNB115P173 & W of & ADJ to PB10P75 for the following:
a. Land clearing permit to remove 4 trees in poor
condition and install 2 native trees and 11
native palms.
b. Level II Architectural/Site Plan Review to
permit landscaping improvements as per detailed
drawing.
Board Member Dockerty made a motion to defer
Application 21-6 to the March 25, 2021 meeting. The motion was seconded
by Board Member Smith with all voting AYE at roll call.
3. An application submitted by John Dykinga of Ocean Marine,
as agent for James Cacioppo, owner of property located at
3140 Polo Drive, Gulf Stream, Florida, legally described
as 3140-3180 Polo Drive Lt 2.
a. variance requesting a 16.5 ft. modification
from the provisions set forth in Section 66-
369, Docks (6)e for placement of a four -post
boat lift.
Mr. Wade Greaton, representing James Cacioppo
made a presentation seeking a dock variance. Board Member Smith
questioned about the replatting of the two properties and Mr. Cacioppo
knowing where the dock would sit when he built the home. Chairman Smith
stated that to grant a variance, there were eight criteria that had to
be met and he didn't think this application met those criteria. Mr.
Greaton explained they had not planned on having a boat when they first
designed the property. The Board agreed that there were several items
that did not comply with the eight criteria. Chairman Smith stated
there was no restrictions from the property owner having a dock but
thought this was an unnecessary variance to make it usable.
Vice Chairman Murphy made a motion to recommend
denial to the Commission since the application did not meet points 1, 2,
4, 5 and 8 of the criteria needed to approve a variance. Board Member
Dockerty seconded the motion with all voting AYE at roll call.
4. An application submitted by Bob Glynn of Delray Garden
Center, as Agent for, Heather Binnie, owner of property
5
Minutes of ARPB Meeting & Public Hearing
Held 2-25-2021 @ 8:30 A.M.
located at 3777 Gulf Stream Road, Gulf Stream, Florida
33483, legally described as a portion of Govt. Lot 1
Section 3, Township 46 South, Range 43 East.
a. Land Clearing Permit to remove existing
landscape material.
b. Level II Architectural/Site Plan to install
healthy landscaping material and construct an
anchor block retaining wall in the rear yard.
Ms. Heather Binnie explained that she wanted to
complete their landscaping, put in a patio, remove a knee-high wall in
the back yard, and move a wall to the property line. Chairman Smith
asked Mr. Glyn to explain the wall movement. Mr. Glyn stated they
wanted to back up the wall to the existing wall and then plant on top of
the wall. He added they would be extending the patio around the pool to
the north with matching pavers. Town Manager Dunham called attention to
a note in his report regarding the pervious and impervious percentages
and stated that he had received them, and they met the Town's Code.
Chairman Smith reprimanded Mr. Glyn for knowing the protocol of
the Town and not coming to the Town before doing some of the landscaping
at this property.
Vice Chairman Murphy made a motion to approve a Land Clearing
Permit to remove previously existing landscape material. The motion was
seconded by Board Member Dockerty with all voting AYE at roll call.
Vice Chairman Murphy made a motion to approve a Level II
Architectural/Site Plan Review to install replacement landscaping
material and construct an anchor block retaining wall in the rear yard
based on a finding that the landscaping site plan and construction of
the wall 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 to the approved landscape plan shall be submitted to
the ARPB for review and approval before any commencement of work.
Board Member Dockerty seconded the motion with all voting AYE at
roll call.
5. An application submitted by Robert Glynn of Delray Garden
Center as agent for Graham and Lisa Conklin, owners of
property located at 3247 Polo Drive, Gulf Stream, Florida
33483, legally described as Lot 3 Replat part of Gulf
Stream Properties.
a. Land Clearing Permit to remove some existing
landscape material (over 500) and prepare for
new plantings.
b. Level II Architectural/Site Plan Review to
install new landscaping, some fencing, and
adjust existing driveway and some other
existing hardscape.
6
Minutes of ARPB Meeting & Public Hearing
Held 2-25-2021 @ 8:30 A.M.
Chairman Smith asked Mr. Glyn to explain what
he had already done at this property and what he was planning to do.
Mr. Glyn stated they had taken out the dead ficus hedge due to white fly
damage. He then explained the new landscaping and fencing. Chairman
Smith stated there had been a very large sea grape tree in the front
island that had been cut down significantly to a smaller level and asked
if anything was going to replace that. Mr. Glyn stated they did not cut
the tree but only trimmed what was left and he asked Mr. and Mrs.
Boardman if they were around when it was cut. Assistant Town Attorney
Nazzaro stated it was the Town's understanding that the tree was cut by
Mr. Conklin or his agent and had sufficient evidence of that. Board
Member Roach stated he happened to be passing by when Mr. Glyn's crew
was there cutting the tree. Mr. Glyn stated they were trimming and
cleaning but not cutting and again implied the tree had already been cut
prior to their arrival. Assistant Town Attorney Nazzaro asked if the
tree was going to be replaced to which Mr. Glyn stated the tree was
rotted. Town Manager Dunham stated he could get Mr. Beltran to show the
Board pictures that he had taken of the tree on February 14, 2021, which
was the day Mr. Glyn's crew had begun work at the property. Mr. Glyn
stated they were cleaning up the existing cuts. Town Manager Dunham
stated the pictures were clean cuts to which Mr. Glyn agreed but said
they were cleaning up the rot. Town Manager Dunham pointed out on the
plans that it indicated adding one 26' Sea Grape Tree to the island.
Mr. Glyn stated they put it there because the Town wanted it and added
that they never took out a canopy tree on Polo Drive to which Town
Manager Dunham answered that someone did. Assistant Town Attorney asked
if Mr. Glyn was going to put in a replacement tree and Mr. Glyn answered
in the affirmative. Chairman Smith asked Mr. Glyn to walk them through
what was being done on the North side next to the Boardman's property,
which he did to the satisfaction of everyone present. Vice Chairman
Murphy asked if the applicant had provided the pervious and impervious
percentages to which Town Manager Dunham stated they had not but there
was no change in the circumstances and would most likely be reducing the
impervious amount so the staff believed it was a wash so they didn't
need the percentages. Town Manager Dunham pointed out some landscaping
that the Town Code stipulated not to be landscaped in the swale area and
wanted the Board to know it was already existing on the property. Mr.
Glyn stated the pool equipment was being relocated from the setback up
against the house. Board Member Roach pointed out that Mr. Glyn was
requesting a Land Clearing Permit for what he had already cleared. He
added that he wanted to go on the record to make sure Mr. Glyn was fully
aware of the fact that he must check with the Town and get approval from
the Town before he began cutting things down. Assistant Town Attorney
Nazzaro stated that many applications could be done on a Level One
Application with the Town Manager but when there are major landscaping
additions or removals that is when it needed ARPB approval. He added
that we wanted to make sure new residents got a good first feeling for
the Town and if they have hired Mr. Glyn, who does a lot of work in the
7
Minutes of ARPB Meeting & Public Hearing
Feld 2-25-2021 @ 8:30 A.M.
Town, he needed to go by the correct protocol and let his customers know
what that protocol was for Gulf Stream. Mr. Boardman suggested that it
might behoove applicants in the future to sit down with the neighbors to
explain what they were applying for as he found it difficult to
understand just looking at the plans. Town Manager Dunham showed the
Board the color pallet that the homeowners had chosen for the house,
shutters, and door which he added met the Town's Code.
Vice Chairman Murphy made a motion to approve a Land
Clearing Permit to remove previously existing landscape material. The
motion was seconded by Board Member Dockerty with all voting AYE at roll
call. Vice Chairman Murphy made a motion to approve a Level II
Architectural/Site Plan Review to install replacement landscaping
material, which includes the replacement of a 26' Sea Grape Tree at the
front of the property, some fencing and adjust existing driveway and
some other existing hardscape based on a finding that the landscaping
site plan, the adjustments to the driveway and other existing hardscape
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 to the
approved landscape plan shall be submitted to the ARPB for
review and approval before any commencement of work.
Board member Dockerty seconded the motion with all voting
AYE at roll call.
6. An application submitted by Cary Glickstein, Inc., Agent
for the owners of the properties legally described as 4-
46-43, S 452.82 ft. of SE 1/ of NE 1/ W of Find CNL IN DB
597P134 & DB 633P154 being MSA640 & 640A and 4-46-43, S
1/2 of SW 1/ of NE 1/ LYG E of & ADJ to N Federal HWY R/W in
the Town of Gulf Stream for a new subdivision consisting
of 14 single family lots.
a. Comprehensive Plan Amendment to allow proposed
land use changes to "single family" land use
designation.
b. Rezoning Review to justify the zoning map
change and provide consistency with land
development regulation.
(1) Text Amendment to reduce rear setback for
accessories to 10' on both sides of
Bluewater Cove.
C. Subdivision Review providing for a plat plan
showing all easements and how services will
be provided to the site.
d. Concurrency Certification to determine
there are adequate facilities to serve the
proposed development.
0
Minutes of ARPB Meeting & Public Hearing
Held 2-25-2021 @ 8:30 A.M.
e. Level III Architectural Site Plan Review
to include complete landscape plan to show
buffers, screening, entrance features,
common areas, drainage, and utility plans.
Chairman Smith stated that most of the
board members had come in to do a one-on-one with the staff, but asked
Mr. Cary Glickstein to give an overview. Mr. Glickstein introduced the
design team and stated that the project represents a reconfiguration of
two unimproved parcels located at the far northwest boundary of Gulf
Stream. He added that viewing the parcels as they are, the Gulf Stream
Golf Club owns approximately 7.5 acres that straddle US1 from Avenue au
Soleil to the southern boundary and the Florida Inland Navigation
District (F.I.N.D.) owns approximately seven acres between the Golf Club
parcel, the Intracoastal waterway and the southern end of unincorporated
Palm Beach County. Mr. Glickstein stated the proposed plan was a
reorientation of the two parcels that instead of the current east to
west division of ownership and uses it would be a north to south
division of ownership and uses. The north half would be with F.I.N.D.
and the south half would become an extension of Place au Soleil with 14
additional single-family homes. He added that what was proposed
mimicked the land use and zoning designations in place for Place au
Soleil. Mr. Glickstein then explained two scenarios, one that
incorporates the 2900 property into the subdivision of 14 homes and one
that leaves most of the 2900 property as it is. He then explained that
they had already acquired the west tip of that property to bridge the
gap between the golf club property and Avenue au Soleil and asked that
the board consider both plans at this point in time. Mr. Glickstein
stated either plan represented significant improvements to the town and
added to the town's tax base in perpetuity from 14 new homes, while also
increasing property values without adding any additional expenses to the
town. He added this would move F.I.N.D. into the property to the far
north edge, thereby creating a green space buffer between Gulf Stream
and both Boynton Beach and unincorporated Palm Beach County. Mr.
Glickstein then turned the meeting over to Mike Covelli, the land
planner for the project.
Mr. Covelli handed out a side -by -side view of what the property
presently looks like and what it will look like, showing that the
F.I.N.D. parcel will now have its own access and no longer have to have
an access easement through other properties. Mr. Covelli pointed out
the changes in zoning and land usage and pointed out that the Board had
been given a comprehensive package and that all services are adequate in
terms of water, sewer, parts, pools, roads, traffic, etc. He then
turned the meeting over to Mr. Dave Bodker.
Mr. Dave Bodker, Landscape Architect, who made a detailed
presentation which included a wall, fencing and plantings. He explained
that they were proposing sliding gates and columns at the entrance to
Bluewater Cove Drive and the gate would open on demand. He noted an
observation deck that would be on the Intracoastal. Vice Mayor Murphy
OJ
Minutes of ARPB Meeting & Public Hearing
Held 2-25-2021 @ 8:30 A.M.
asked what the gate would look like for pedestrians and Mr. Bodker
answered they would probably have a key punch or fob. Vice Mayor Murphy
asked about the existing pines to which Mr. Dockerty stated that because
of the amount of fill they were having to put on the property those were
going to be removed. Chairman Smith asked if the lots with the larger
back yards which extended into the 2900 property would become the same
size as all the others if 2900 wasn't purchased to which Mr. Glickstein
answered in the affirmative. Board Member Smith asked what the
residents of Place au Soleil thought about having a gated section to
which Town Clerk Taylor stated it was her understanding that the gate
was going to be removed from the plan. Assistant Town Attorney Nazzarc
stated it was supposed to have been removed as it was prohibited by the
Code. Vice Chairman Murphy asked about the existing pines again and
stated he didn't see them being removed on the plans and wondered how
many were being removed. Mr. Bodker drew his attention to where it was
on sheet L2 and added it was 17 that were being removed and explained
that they had a tap root so they couldn't be relocated. Vice Chairman
Murphy asked if there was a state rule regarding the pines and Town
Manager Dunham stated he wasn't sure. Mr. Bodker then explained the
reconfiguration of the Place au Soleil entrance. Board Member Dockerty
stated that he was unclear on the gate situation. Mr. Glickstein then
stated that to save paper, they didn't want to submit another plan and
it had been communicated to him that the existing residents did not want
a gate. He asked the board to remove the gate from their review. Mr.
Glickstein also spoke to the pine tree situation and explained he was a
big proponent of saving the trees but to add further to what Mr. Bodker
had explained, he had a certified arborist go and look specifically at
the pines and found that most, if not all, of the trees were infected
with a pine beetle and although they looked alive, they were on borrowed
time.
Mr. Rustem Kupi, Project Architect, explained the differences of
the lots if 2900 was incorporated. He also showed how they had made the
lots wider instead of deep to allow for a nicer house having more light.
Vice Chairman Murphy asked about the individual plans to which Mr.
Glickstein stated it would probably be two to three initially and they
would be spec homes. Vice Chairman Murphy then asked about construction
traffic to which Mr. Glickstein stated they would use the present
entrance for as long as they could. Chairman Smith asked Mr. Kupi to
explain the easement situation. He stated they were all currently
running down the 2900 property and if they got the 2900 property, the
piping would be relocated. Mr. Glickstein stated that part of the
complexities of integrating the 2900 property is that re -engineering
would be needed to move all the utilities from the 2900 property and the
easements would no longer be needed. At that point they would run them
down the middle of the road, he added. Mr. Glickstein stated if he had
to pick a direction to go, it would be going without the 2900 property.
Vice Chairman Murphy stated Mr. Glickstein had made a preliminary
presentation to many of the residents of Place au Soleil that wanted to
10
Minutes of ARPB Meeting & Public Hearing
Held 2-.25-2021 @ 8:30 A.M.
attend to get feedback and added there were about 100 people present.
Chairman Smith stated the Town owned part of the entranceway land and
Assistant Town Attorney Nazzaro stated he had spoken with Mr. Glickstein
regarding a developer's agreement where they could set forth what the
town's obligations and expectations were with the improvements that were
going to be made at the entryway. He added that Mr. Glickstein had
agreed to make some improvements, hooking up the Guard House to the
sewer system that would be servicing the new homes and all this would be
in the application once it got to the Commission.
Board Member Smith asked about the pool setbacks to which
Assistant Town Attorney Nazzaro answered that it would be a change to
the Code that would permit a 10-foot setback in the rear of these houses
in this subdivision so there wouldn't be a need to ask for a variance.
Vice Chairman Murphy asked if there had been any feedback from
the neighbors to which Town Clerk Taylor answered there had been none.
Vice Chairman Murphy made a motion to recommend approval of a
Comprehensive Plan amendment to convert the site's existing Future Land
Use Designation from P (Public Facilities) and OR (Outdoor Recreational)
to RS (Single -Family Residential) and P (Public Facilities) as depicted
in the Application. The motion was seconded by Board Member Smith with
all voting AYE at roll call.
Vice Chairman Murphy made a motion to recommend approval of a
rezoning of a new, 7.64-acre parcel from P (Public Facilities) and OR
(Outdoor Recreational) districts to RS-P (Single -Family Residential -
Place au Soleil). The motion was seconded by Board Member Dockerty with
all voting AYE at roll call.
Vice Chairman Murphy made a motion to recommend approval of a
Level 3 Site Plan/Subdivision approval for a 14-lot subdivision on 7.64
acres based on a finding that it meets the minimum intent of the Design
Manual and applicable review standards. The motion was seconded by
Board Member Dockerty with all voting AYE at roll call.
Vice Chairman Murphy made a motion to recommend approval of a
concurrency certification based on a finding that municipal services are
available for the proposed 14 units, including but not limited to water
and sewer services, police and fire protection, and trash disposal.
Board Member Smith seconded the motion with all voting AYE at roll call.
Vice Chairman Murphy made a motion to recommend approval of a
Text Amendment to the RS-P (Single -Family Residential - Place au Soleil)
regulations contained in Town Code Section 70-74 - Setbacks, as follows:
"The minimum rear setback for swimming pools in Place au Soleil Addition
No. 2 shall be 10 feet measured to edge of water." Board Member
Dockerty seconded the motion with all voting AYE at roll call.
VII. Items by Staff.
There were none.
VIII. Items by Board Members.
There were none.
11
Minutes of ARPR Meeting & Public Hearing
Keld 2=25-2021 @ 8:30 A.M.
IX. Public.
There was none.
X. Adjournment.
Chairman Smith adjourned the meeting at 11:24 A.M.
Renee Basel
Assistant Town Clerk
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