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HomeMy Public PortalAbout01 28 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, JANUARY 28, 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 12-17-2020 Vice Chairman Murphy made a motion to approve the minutes of December 17, 2020. Board Member Roach seconded the motion with all voting AYE at roll call. IV. ADDITIONS, WITHDRAWALS, DEFERRALS, ARRANGEMENT OF AGENDA ITEMS Item 4 under Public Hearing was deferred to the February 25, 2021 meeting. V. ANNOUNCEMENTS A. Meeting Dates 1. Regular Meeting & Public Hearing a. February 25, 2021 at 8:30 A.M. b. March 25, 2021 at 8:30 A.M. c. April 22, 2021 at 8:30 A.M. d. May 27, 2021 at 8:30 A.M. e. June 24, 2021 at 8:30 A.M. f. July 22, 2021 at 8:30 A.M. VI. PUBLIC HEARING A. Declaration of Ex-Parte Communication There was none. B. Administer Oaths Town Clerk Taylor administered the oath to Maureen Smith, Carlos Linares, Marc Jacobsen, John and Betsy Fogarty. C. Applications for Development Approval 1. An application submitted by Maureen Smith, Landscape Architect, as Agent for Mr. & Mrs. John Shubin, the owners of property located at 2910 Gulf Stream Road, Gulf Stream, Minutes of ARPB Meeting & Public Hearing Held 1-28-2021 @ 8:30 A.M. Florida, which is legally described as Lot 16, Gulf Stream Properties. a. Level 2 Architectural/Site Plan Review to permit renovation of the pool and patio that will include enlarging the existing pool, removing the existing canvas awning, constructing a pergola and fireplace, and adding landscape material and pavers. Maureen Smith, Landscape Architect explained the renovations to the back yard to make it a more livable space. She stated the pool was not only small, but very close in proximity to the house so they would be enlarging it and adding a jacuzzi. The existing patio was going to be turned into grass and pavers and then on the west side would be the pergola and fireplace, she added. Ms. Smith stated they would be adding more grass, palm trees and ground covers to make a focal point in the southwest corner and would be refreshing the existing landscaping. Vice Chairman Murphy asked if they would need larger pool equipment and what the noise level may be. Ms. Smith stated she wasn't an expert on that, but it would be state of the art and she thought everything was much quieter with new equipment. Board Member Dockerty asked if there had been any comments from the neighbors to which Town Clerk Taylor stated there had been no comments. The Board agreed that it looked beautiful. Vice Chairman Murphy made a motion to approve a Level II Architectural/Site Plan based on a finding that the renovation of the pool and patio that will include enlarging the existing pool, removing the existing canvas awning, constructing a pergola, a small shade area and a fireplace and additional landscaping material and pavers that are included meets the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. Any minor modifications in the approved landscaping shall be submitted to the Town Manager for review and approval. Board Member Roach seconded the motion with all voting AYE at roll call. 2. An application submitted by Carlos Linares, Randall Stofft Architects, as Agent for N. Ocean Capital 2929 B LLC, owners of property located at 2929 N. Ocean Blvd., Gulf Stream, Florida 33483, legally described as South 120 ft, of Lot 1 Gulf Stream Ocean Tracts. a. Level 2 Architectural/Site Plan Review to amend the original approval which included a fence along the north property line. (1). To permit the construction of a concrete wall, within the North Ocean Blvd. Overlay District, that shall not exceed 8 ft. in height, as measured from the lowest abutting grade, within the west 50 feet along the north property line. (2). To amend the approved landscape plan for the North Ocean Blvd. Overlay District. 2 Minutes of ARPB Meeting & Public Hearing Held 1-28-2021 @ 8:30 A.M. Carlos Linares, Architect, stated they were proposing to build a site privacy wall that is also a retaining wall on the north side. Mr. Linares added that the original plan was approved with a privacy fence and hedge along the wall. He stated there was a beach access on the north side of the property and it was a privacy issue for their client and had decided that he wanted a privacy wall rather than a hedge. Mr. Linares stated the first 50 feet was what needed to be approved, but they wanted to do the entire wall all the way to the rear of the property and that it would set back as required at a maximum of four feet towards the back of the property and the rest would be a maximum of eight feet. Board Member Smith asked if the landscape would grow over into the beach access area. Marc Jacobsen, Landscape Architect, stated the client had asked for a continues clusia hedge along the north wall with a minimum of six to seven feet high. He added that the client wanted to add additional landscaping from what was originally approved, and he pointed those out on the drawings that were presented to the ARPB. Mr. Jacobsen stated it was all maintainable, manicured and would not be hanging into the public access. Chairman Smith asked about fill to which Mr. Linares answered there would be no more than 12 inches. Chairman Smith wanted to know if he was in the right-of-way, would the wall be higher than eight feet to which Mr. Linares stated the lowest grade would be the beach access. Board Member Roach wanted to know if there was going to be any planting on the beach access side so there wasn't just a cement wall all the way to the beach. Mr. Linares stated there would not because that access didn't belong to the property. Board Member Roach stated if they moved the wall slightly inside the property line, they would be able to make it a more attractive entrance to the beach. Mr. Linares stated that had never been discussed and it would take away from the property. Board Member Roach then asked if the Town had any type of regulation where the part of the fence facing the neighbor's property had to be the attractive side. Town Manager Dunham answered there were types of fencing and Assistant Town Attorney Nazzaro answered he didn't believe there were any regulations for a wall. Chairman Smith asked if there had been any comments from the neighbors to which Town Clerk Taylor answered there had been no comments. Chairman Smith noted there were neighbors present and asked if they had seen the plans. Mrs. Betsy Fogarty stated they had not seen the plans but understood why they would like to have privacy. She wanted to know if the wall was directly on the property line to which Mr. Linares answered in the affirmative. Mrs. Fogarty stated it was only a 10 ft. easement and the property on the north side was overgrown and she had walked that easement for over 45 years with great difficulty and wanted to know what it was going to look like as it approached the beach and wanted to know if it was going to be a total stepdown from the eight feet to four feet. Mr. Linares stated that was correct. Chairman Smith stated the privacy issue wasn't the concern but that they were concerned that it could become a cement tunnel and that when on the path the wall would be nine or ten feet tall. Mr. Linares 3 Minutes of ARPB Meeting & Public Hearing Held 1-28-2021 @ 8:30 A.M. assured him it would be no more than eight feet from the lowest grade. Mrs. Fogarty brought up high tides. Mr. Linares went into detail about wall heights and assured everyone it would be consistent and within Code. Board Member Roach was concerned that this property would look like the property at 3565 N. Ocean and begin to look like a penitentiary. He then asked how high the wall was at 3565 to which Mr. Linares answered it couldn't be any more than eight feet. Board Member Roach stated he could guarantee that it was more than eight feet to which Mr. Linares stated the Town would not allow that and there was probably a survey that stipulated what the wall height was. Board Member Roach thought it should be looked at and then brought it back to the current property and added he just wanted the residents to have an attractive beach access. Town Manager Dunham stated the inspectors would be checking that, but he would get with the building officials from Delray Beach and see if an interim inspection could take place. Mrs. Fogarty wanted to know what the wall was going to do to the dunes. Mr. Linares stated the wall was going perpendicular to the dunes and not interfering with them at all. Mrs. Fogarty stated there were perpendicular barriers along the beach and thought it may need to be looked at. Mr. Linares stated that would be something for a coastal engineer to investigate, but he didn't feel like it would affect the dunes. Board Member Dockerty asked if the word "possible" could be taken off the survey when it referred to the pedestrian access to which Mr. Linares answered in the affirmative. Chairman Smith asked Town Manager Dunham who maintained the pedestrian rights of way to which Mr. Dunham stated the Town did not. Mr. John Fogarty stated there were a few residents who tried to keep it trimmed but it still needed some work. Vice Chairman Murphy made a motion to approve a Level II Architectural/Site Plan based on a finding that the construction of a wall, within the North Ocean Blvd. Overlay District, that shall not exceed 8 ft. in height as measured from the lowest abutting grade, within the west 50 ft. along the north property line and to amend the approved landscape plan for the North Ocean Boulevard Overlay District meets the minimum intent of the Design Manual and applicable review standards with the following condition: 1. Any minor modifications to the approved landscaping shall be submitted to the Town Manager for review and approval and any major modifications shall be brought back to the ARPB for review and approval before commencement of landscaping. Board Member Dockerty seconded the motion with all voting AYE at roll call. Town Manager Dunham stated he would be willing to meet with the Civil Engineer on this project to make sure everything was happening to Code. 3. An application submitted by Carlos Linares, Randall Stofft Architects, as Agent for N. Ocean Capital 3565 B LC, Owners of property located at 3565 N. Ocean Blvd., Gulf M Minutes of ARPB Meeting & Public Hearing Held 1-28-2021 @ 8:30 A.M. Stream, F1. 33483, legally described as Gulf Stream Ocean Tracts N 40 FT of Lot 7 & S 70 FT of Lt 8. a. Level 2 Architectural/Site Plan Review to amend the original approval of development within the North Ocean Blvd. Overlay District. (1). To add additional 1.5 ft of fill in a portion of the North Ocean Blvd. Overlay District. (2). To add additional retaining walls within the North Ocean Blvd. Overlay District to create garden areas near the garage and driveway. (3). To amend the approved landscape plan to provide for the gardens. Carlos Linares, Architect, explained that this project had already been approved but the owner was requesting some changes between the gate structure and home as well as an herb garden with some walls, a safety railing and a retaining wall on the west side of the garage. He added the retaining wall would have a fence or guardrail to protect from falling between the two grades. Chairman Smith asked him to point out the proposed changes. Mr. Linares pointed out the difference in grade with the garage and gate structure with steps going from the motor court down to the gatehouse and raising the wall approximately six inches. He noted the guardrail and fencing were safety features and he introduced the herb garden as new. Chairman Smith asked about the outdoor shower to which Mr. Linares explained it was just a square for it, but it didn't have a drain. Chairman Smith stated that Town Manager Dunham would stay on top of the wall heights. Vice Chairman Murphy made a motion to approve a Level II Architectural/Site Plan based on a finding that an additional 1.5 ft. of fill in a portion of the North Ocean Blvd. Overlay District, additional retaining walls within the North Ocean Blvd. Overlay District to create garden areas near the garage area and driveway and amendments to the approved landscape plan to provide for the gardens meets the minimum intent of the Design Manual and applicable review standards with the following condition: 1. Any minor modifications to the approved landscaping shall be submitted to the Town Manager for review and approval and any major modifications shall be brought back to the ARPB for review and approval before commencement of landscaping. 4. 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. 5 Minutes of ARPB Meeting & Public Hearing Held 1-28-2021 @ 8:30 A.M. 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. e. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to include complete landscape plan to show buffers, screening, entrance features, common areas, drainage, and utilities plans. Vice Chairman Murphy made a motion to defer this item to the February 25, 2021 meeting. The motion was seconded by Board Member Roach with all voting AYE at roll call. VII. Items by Staff. There were none. VIII. Items by Board Members. Vice Chairman Murphy asked Town Manager Dunham to let the Board know when he met with a coastal/civil engineer. IX. Public. There was none. X. Adjournment. Chairman Smith adjourned the meeting at 9:32 A.M. Renee Basel Assistant Town Clerk C