Loading...
HomeMy Public PortalAbout02 25 2021 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, 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 Participating: Also Present & Participating: Thomas Smith Malcolm Murphy Bob Dockerty Curtiss Roach Jorgette Smith Gregory Dunham Edward Nazzaro Rita Taylor Chairman Vice Chairman Board Member Board Member Board Member 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 VI. PUBLIC HEARING A. Declaration of Ex-Parte Communication There was none. these dates. 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 2 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 are not 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 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 PBlOP75 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 did not 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 did not 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 Held 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. EX 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, parks, 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 Chairman Q* Minutes of ARPB Meeting & Public Hearing Held 2-25-2021 @ 8:30 A.M. Murphy asked what the gate would look like for pedestrians and Mr. Bodker answered they would probably have a key punch or fob. Vice Chairman 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 Nazzaro 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 Rnard Memher nockerty with all votina 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 ARPB Meeting & Public Hearing Held 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 12