HomeMy Public PortalAbout04 22 2021 Agenda with back-upApril 16, 2021
CHAIRMAN:
VICE CHAIRMAN:
B OA RD MEMBER:
ALTERNATE MEMBER:
REGU LAR MEETING AND
R EVIEW AND PLA NNING
THUR SD AY , APRIL 22,
COMM ISSION CHA MBER S
FLORID A.
I.
II.
IV .
V.
Thoma s Smith
Malcolm Murphy
Robert Dockerty
S. Curtiss Roa ch
Jorgette Smith
Amanda Jones
P UBLIC HEARIN G BEING HELD
BOARD OF THE TOWN OF GULF
2021 AT 8:30 A.M ., IN T HE
OF THE TOWN H ALL, 100 SEA
A GENDA
BY THE A RCHITECTURAL
ST REAM, FLORIDA ON
WILLIAM F. KOCH, JR .
ROAD, GULF ST RE AM,
Call to Orde r.
Roll Call.
Minute s of the R egular Mee ting and Public Hearing of 3-25-21.
Additions, withdrawals, deferrals, arrangement of agenda items .
Announcements.
A. M eeting Dates
1. Re gular Meeting & Public Hearing
a. April 22, 2021 at 8:30 A.M .
b. M ay 27, 2021 at 8:30 A.M.
c. June 24, 2021 at 8:30 A.M.
d. July 22, 2021 at 8:30 A.M .
e. No August M eeting
VI. PUBLIC HEARING.
A.
B.
C.
De claration of Ex-Parte Communication
Administe r O aths
Applications for Developme nt Approval
1. An applic ation submitted by D onald Day of Delray Awning
LLC, Agent for Gulf Stream Golf Club, the owners of
property located at 2401 N. Oce an Blvd., Gulf Stream,
Florida, which is legally desc ribed as 14 Tracts of land,
lying and being in the County of Palm Beach and the State
Of
a.
Florida.
Level 2 Architectural/Site Plan Review to per mit the
installation of a 100ft. long by 26 ft. wide fabric
patio awning over the front terrace of the club for
outdoor dining. T he color and de sign of the awning
will match those that are loc ated around other areas
of the building.
2. An applic ation submitted by Willia m Wietsma, Age nt for
Joanne F. Hayes , the owner of property located at 1060 N.
O cean Blvd. , Gulf Stream, Florida, which is legally
described as the East 54 ft. of the West 262.5 ft. of Lot
14A and the East 54 ft. of the W est 262. 5 ft. of Lot 15A,
Block D, Revised Plat of Block D and Block E, Palm Beach
Sh ore Acres (Oc ean Boulevard Es tates) toge the r with an
eas ement for ingress and egress over the South 15 ft. of
the N orth 40 ft. of Lot 15A .
a. Demolition Permit to remove struc tures on the property
to prepare for new c onstruc tio n.
b. Variance to per mit construction of a new dwelling on
the same footprint, using the existing building setbacks
of the exis ting building setbacks of the existing
building, which are the same as the existing neighboring
struc tures.
AGEND A CONTINU ED
c. Level 3 A rchitec tural/Site Plan R eview to permit the
co nstruction of a 2,647 s q. ft. Gulf Stream Bermuda,
single story dwelling, the finished floor elevation of
whic h will be inc reas ed to 9. 53 NAV D (an increase of 1.5
ft.) to match that of the neighboring dwellings, and an
attac hed garage.
3. Continued from the Public Hearing held on 2-25-21.
An application submitted by Schulke, Bittl e &
Stoddard, LLC, as Agent for the owners Stephen & Helen
Benjamin, 1200 N. Ocean Blvd. and Thomas & Bettin a Smith,
1122 N. Oc ean Blvd. , which are legally d es cribed as
Parcel 1: Golf Course Addition Lt 9 and Pa rcel 2: Golf
Cours e A dd Lt 7 (LESS Ely 294.12 FT .) & Lot 8 (Les s
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
W LY 31.50 FT.) & NLY 29 FT. of ELY 720.49 FT. of NE 1/4
LY G S of & A DJ TO PB36 P110 & TR R PN B115P173 & W of & ADJ
to PB 10P75.
LEV EL III ARCHITEC TURAL/SITE PLAN REVI EW & DEMO PER MIT
a. Construction of a new bulkhead landward
of existing bulkhead.
b. Construction of do cks & a boatlift.
c. Const ruction of sit e walls to retain existing
Grad es.
An appli cation submitt ed by Chris Cab ezas, Landscap e
Ar chite ct, as agent for, Stephen & Helen Benjamin, own ers
of property locat ed at 1200 N. O cean Blvd ., Gulf Stream,
Florida 33483, legally described as Parcel 1: Golf Cour se
Addition Lt 9 and Parcel 2: Golf Cours e Add Lt 7 (LESS Ely
294 .12 FT.) & Lot 8 (Les s WLY32.14 FT.) & 9-46-43, SLY
211 .12 FT . of NL Y 240.12 FT. of ELY 112.49 FT. of NE 1/4
LYG S of & A DJ TO TR R PB115P173 & W of & ADJ TO PB10P75
(LESS NLY 179.72 FT . of WL Y 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 t re es in poor
condition and install 2 native tr ees and 11
nativ e palms .
b. Level II Archit ectural/Site Plan Review to
p ermit land scaping improv em ents as per detailed
drawing.
VII. Item s by Staff .
VIII. Item s by Board Member s.
IX. Public.
X. Adjournment.
SHO ULD A NY INTE RESTED PARTY SEEK TO APPEAL ANY DECISIO N MADE BY THE
A RCHI TECT URAL REVIEW AN D P LANNING BOARD WITH RESPECT TO AN Y MA TTER
CONSIDE RED AT THIS MEETING, SAI D PART Y WILL NEED A RECORD OF T HE
PR OCEEDIN GS, AND FOR SUCH PU RPOSE, MAY NEED TO INSURE THAT A VERBA TIM
REC ORD OF THE P ROCEEDINGS IS MADE, WHIC H RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPO N WHICH THE APPEAL IS TO BE BASED . 286.0105, F.S.S.
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, MARCH 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
Town Clerk Taylor swore in Bob Dockerty, Jorgette Smith and
Amanda Jones for another three-year term.
Present and
Participating:
Also Present &
Participating:
Thomas Smith
Malcolm Murphy
Bob Dockerty
Jorgette Smith
Amanda Jones
Gregory Dunham
Edward Nazzaro
Rita Taylor
Absent w/notice: Curtiss Roach
Chairman
Vice Chairman
Board Member
Board Member
Alternate Board
Town Manager
Staff Attorney
Town Clerk
Board Member
Member
III. Minutes of the Regular Meeting and Public Hearing of 2-25-21.
Vice Chairman Murphy made a motion to accept the minutes of
February 25, 2021 with changes noted on pages 9 and 10 changing Vice
Mayor Murphy to Vice Chairman Murphy. Board Member Dockerty 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. April 22, 2021 at 8:30 A.M.
b. May 27, 2021 at 8:30 A.M.
c. June 24, 2021 at 8:30 A.M.
d. July 22, 2021 at 8:30 A.M.
e. No August Meeting
Chairman Smith called attention to these dates and
stated he would not be present for the May meeting. Amanda Jones stated
she would not be available for the May meeting.
VI. PUBLIC HEARING.
A. Declaration of Ex-Parte Communication
Board Member Dockerty stated he went to the Lemon Hill site
and walked the property with Town Manager Dunham.
B. Administer Oaths
Minutes of ARPB Meeting & Public Hearing
Held 3,25-2021 @ 8:30 A.M.
Town Clerk Taylor swore in Mark Marsh, Dustin Mizell, Tom
Barton, Tom Murphy, Stephen Benjamin, Kent Robbins, Bill
Stoddard, Chris Cabezas, Arthur Tiedeman, John Gundlach, Joe
Morris, Jennifer Morris, William Martin,
C. Applications for Development Approval
1. An application submitted by Mark Marsh of Bridges, Marsh &
Associates, as Agent for Mr. & Mrs. Christopher Ruth,
the owners of property located at 3212 Gulf Stream Road,
Gulf Stream, Florida, which is legally described as the
north 75 feet of lot 24 and the south 50 feet of lot 25,
at page 27 of the public records of Palm Beach County,
Florida.
a. Special Exception to permit additions to a single-
family dwelling with existing nonconforming setbacks.
b. Level 3 Architectural/Site Plan Review to permit the
addition of a 2 -car garage, a guest suite, loggia, and
a minor addition to the west side of the master
bedroom.
Mr. Mark Marsh, Architect, called the house a
colonial cottage in style and very traditional in its architectural
statement. Mr. Marsh stated there had been renovations done but wanted
to add some things that were normal for today's standards such as a
two -car garage, a guest suite, family room, etc. He added they were
coming before the board for a special exception of a non -conforming
setback. Mr. Marsh pointed out that the house was skewed on the lot so
that meant to him that the lot lines probably did not exist when the
house was built, and it may have been a larger lot that had been
subdivided. Mr. Marsh made a presentation presenting the two -car
garage, an extension adding a family room and guest suite and a small
expansion to the master bedroom. He explained some landscaping that
would be done with two columns added to the front of the lot and a
loggia and pergola in the back. Mr. Marsh stated they would be making
the lot level as well and that the vegetation was well -established so
they would be upgrading and supplementing wherever needed.
Vice Chairman Murphy asked if there had been any comments
from the neighbors to which Town Clerk Taylor answered there had been
none. Board Member Smith asked what the landscaping was going to be
next to the fireplace to which Mr. Marsh stated it was going to be a
clusia hedge and two Japanese blueberry trees.
Vice Chairman Murphy made a motion to recommend approval
of a Special Exception to permit additions to a single-family dwelling
with existing nonconforming setbacks. Board Member Dockerty seconded
the motion with all voting AYE at roll call.
Vice Chairman Murphy made a motion to recommend approval
of a Level III Architectural/Site Plan Review to permit the addition of
a two -car garage, a guest suite, and a minor addition to the west side
of the master bedroom based on a finding that the construction of a
two -car garage, a guest suite, and a minor addition to the west side of
2
Minutes of ARPB Meeting & Public Hearing
Held 3-25-2021 @ 8:30 A.M.
the master bedroom meets the minimum intent of the Design Manual and
applicable review standards. Board Member Dockerty seconded the motion
with all voting AYE at roll call.
2. An application submitted by Mark Marsh of Bridges, Marsh
and Associates as Agent for Mr. & Mrs. Kevin Maroni, the
owners of property located at 330 Banyan Road, Gulf
Stream, Florida which is legally described as Lot 3, Block
1, Polo Fields, Plat No. 1 according to the plat thereof
and for Palm Beach County, Florida.
a. Level 2 Architectural/Site Plan Review to permit a
59 square foot addition on the west side of the
existing dwelling and the construction of a 482
sq. ft. pool cabana at the east end of the existing
pool, replacing the existing awning.
Mr. Mark Marsh, Architect, made a presentation
seeking a 59 square foot addition on the west side of the existing
dwelling and the construction of a 428 square foot pool cabana and
stated it met all the setbacks and they were using all matching
materials to what was already there. Mr. Dustin Mizell, Landscape
Artist, explained the landscaping that would just be mirroring what was
already present as well as upgrading with new vegetation along the wall
because what was presently there was not growing. Vice Chairman Murphy
asked if there had been any comments from neighbors to which Town Clerk
Taylor answered there had been no comments.
Vice Chairman Murphy made a motion to approve a Level II
Architectural/Site Plan Review to construct a 59 square foot addition on
the west side of the existing dwelling and the construction of a 428
square foot pool cabana at the east end of the existing pool, replacing
the existing awning, based on a finding that the 59 square foot addition
and the pool cabana meet the minimum intent of the Design Manual and
applicable review standards with the following condition:
1. Any minor modification 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.
Alternate Board Member Jones seconded the motion with all
voting AYE at roll call.
3. Continued from the Public Hearing held on 2-25-21.
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 Lt 7 (LESS Ely 294.12 FT.) & Lot 8 (Less
WLY32.14 FT.) & 9-46-43, SLY 211.12 FT. of NLY 240.12 FT.
3
Minutes of ARPB Meeting & Public Hearing
.Held 3-25-2021 @ 8:30 A.M.
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.
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.
Chairman Smith recused himself and Vice Chairman
Murphy took charge of the meeting. Mr. William Stoddard, agent for Mr.
and Mrs. Benjamin and Mr. and Mrs. Smith, stated there were several
members of the team present to answer any questions raised at the prior
meeting. Mr. Chris Cabezas, Landscape Architect, handed the Board
Members a print-out of the landscaping stating it was a conceptual plan
showing where they were going to beef up the landscaping on the
northwest side to screen the views where the expanded waterfront is
going. He added it would totally mask the views using a heavy canopy of
trees, as well as large and small shrubs. Mr. Cabezas stated the hand-
out also showed the rendering on the southern border. Vice Chairman
Murphy referred to the minutes stating they needed to address the items
the board asked them to address at the last meeting and asked if anyone
would like to make comments.
Mr. Tom Barton, a Gulf Stream resident, residing at 9 Driftwood
Landing, stated his property was on the canal adjacent to the Benjamin
property and just in front of the Smith property. He added that he was
more affected by this project than anyone and the reason he did not
speak at the last meeting was because he and Mr. Benjamin were trying to
work out an arrangement of issues in dispute. After things did not work
out, he engaged Tom Murphy to represent him, he said, and added that
they had met with Mr. Benjamin and his lawyer on short notice from Mr.
Benjamin. Vice Chairman Murphy asked if these issues were directly
related to the items discussed at the last meeting to which Mr. Barton
stated they were directly relevant to the entire construction process as
it was right on his property line. Mr. Tom Murphy, Lawyer, representing
Mr. Barton, as well as Mr. Terlizzi, who lives on the Intracoastal
Waterway Canal in Driftwood Landing, stated that the parties were very
close to a resolution. Mr. Murphy stated that Mr. Barton's seawall ends
at approximately 40 feet east of the new proposed seawall going from
west to east being constructed on the south side of the canal by Mr.
Benjamin. He added that the legal description of Mr. Benjamin's
property said, in part, that his property goes to the face of the
bulwark and he was not acceding to the fact that Mr. Barton's land
adjoins that 50 feet gave up his ???? rights. Mr. Murphy stated they
were not going to litigate that but instead were going to go by
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Minutes of ARPB Meeting & Public Hearing
Held 3-25-2021 @ 8:30 A.M.
easements (of which there are five), with Mr. Benjamin offering a
perpetual easement with respect to any encroachment by that 40 feet of
the existing seawall because of the work that is done below the water
and also the cap of the wall. They both share the seawall and came to
terms that only adults can walk on the wall. There was a lot of
discussion about the seawall on the Benjamin, Barton, and Smith
properties and who would repair what and Mr. Murphy stated there was a
clause written into the easement involving the new 50 feet that Mr.
Benjamin would be able to park boats there for 23 hours temporarily and
no more than 48 hours in any 30 -day period. Mr. Kent Robbins, Attorney
for Mr. Benjamin, stated Mr. Murphy gave a good representation and that
they worked well together. He stated everything would be resolved
before the Commission Meeting and the ARPB could make mention of that in
their recommendation.
Board Member Smith wanted to know if all the points had been
answered for the other neighbors that were concerned. Mr. Murphy added
that when Mr. Benjamin finished the project the canal would need to be
dredged, which was another issue that they were not there to discuss.
Vice Chairman Murphy stated that the ARPB could make a conditional
recommendation to the Commission, but they also had a responsibility to
the neighbors other than Mr. Barton. Vice Chairman Murphy went back to
the points mentioned in the minutes and asked if there were any comments
regarding the landscaping. Mrs. Jennifer Morris, Gulf Stream resident
living at 24 Hidden Harbour, stated there had been a lot of questions at
the last meeting regarding construction damage to the road, the canopy,
what kind of equipment, etc. and wanted to know if those were going to
be answered. Vice Chairman Murphy wanted to know if the landscaping
definition had met her concern to which Mrs. Morris answered she had not
seen an elevation, just an aerial, and she believed that was secondary
to the construction. Board Member Smith asked the landscape artist to
expound on what the "large and small shrubs" entailed. Mr. Cabezas
stated it was a variety of native trees for a canopy layer six feet and
up and large shrubs three to six feet and then a bottom cover of 24" of
a full screening with very little views inside. Board Member Smith
asked about the species to which Mr. Cabezas stated they could use green
buttonwood, black ironwood, silver buttonwood and that there were many
choices, but they had not got to those details yet. Vice Chairman
Murphy stated that a landscape plan had been requested and they would
like to see one with an elevation, with detailed and itemized trees that
was expected by the Town of Gulf Stream.
Vice Chairman Murphy moved on to another point from the previous
minutes regarding the canopy entrance and asked for comments. Mr.
Arthur Tiedeman, contractor, explained that they would have a forty -to -
fifty -pound excavator on a standard lowboy, was 12-13 feet tall and
should not have any issues hitting the main part of the canopy and if
there were any low-lying branches, he would trim them as needed. He
added they would have one or two of those depending on availability and
would also have a loader to load the material into the standard, tri-
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Minutes of ARPB Meeting & Public Hearing
Held 3-25-2021 @ 8:30 A.M.
axle dump trucks. Mr. Tiedeman stated that logistically this was the
only option to haul out the materials because if they did it by barge,
they would have to dig deeper than the canal could support. He added
there would be a temporary fence and gate for access to prevent the
least amount of impact on the road. Vice Chairman Murphy reiterated
that at the last meeting it was brought up that there was a $5,000
damage bond, but if more were needed, the Town could challenge and ask
for more. Board Member Dockerty asked what the approximate height on
the lowboy was to which Mr. Tiedeman answered 12'6" to 13'. Board
Member Dockerty asked what the height of the waste management truck was
to which Mr. Tiedeman stated it was the same as the lowboy.
Mrs. Morris pointed out on the landscape drawing that the access
point they were discussing was going to be right through one of the
trees they had stated they were not going to touch at the last meeting.
There was a lot of commotion with residents in the audience so Vice
Chairman Murphy asked if they could please speak one at a time and he
stated this brought up another point from the minutes of the last
meeting regarding no removal of aged trees. Mr. Tiedeman stated that an
actual photo of the site rather than the drawing would be better show
exactly where the access was going. Mr. Cabezas stated they had located
an area where there would be space that would not affect any of the
existing trees. Mrs. Morris disagreed and stated this was the exact
opposite of what they said they were not going to do and wanted to
review the minutes from the last meeting. She added that at the last
meeting they had been told the machines would back in and cut through
the outbuilding and the trees and now the access point shown by the pink
line on the drawing showed the access right where the large trees are
located. Mr. John Gundlach, Property Manager at Lemon Hill, stated what
they were seeing was an arbitrary drawing and the access point was much
further away from the trees and he tried to explain different coloring
on the drawing and what each color meant. Mr. Morris suggested the ARPB
take a visit to the site after they had marked out where they wanted to
come in and then decide if they were going to need to move the trees.
Vice Chairman Murphy agreed and reiterated that if this were to move
forward, they would need a detailed landscape plan because the drawing
they were given was unacceptable and hard to follow and, on a landscape
plan, the specific access point would be shown. Mr. Morris stated he
preferred that they come in on the east driveway, except for the
excavator. Mr. Robbins stated that Mr. Benjamin agreed that they would
provide detailed plans to staff before the Commission Meeting, as well
as to the neighbors, that would clearly define the landscaping as well
the driveway showing they would preserve the aged trees.
Mr. William Martin, resident as 12 S. Hidden Harbour Drive,
stated that he had issue with Mr. Tiedeman saying he would trim the tree
as needed and did not like him being the judge of what should be taken
down or trimmed. Mr. Tiedeman answered by saying he did not see
anything that would cause issue or needed trimmed and stated he should
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Minutes of ARPB Meeting & Public Hearing
Held 3-25-2021 @ 8:30 A.M.
not be the one who makes that decision and apologized for making the
statement earlier.
Vice Chairman Murphy once again went through the checklist from
the prior meeting minutes to make sure they had covered all points:
• The canopy
• The removal of aged trees
• Road damage and any major damage above and beyond the $5,000
damage bond, the Town could get back from the applicant. Town
Manager Dunham suggested that, as was done with the A1A project,
they film the road and the rights of way to have a record of what
it looked like before the work was done. Vice Chairman Murphy
agreed that it seemed reasonable to have a before and after.
At this point Board Member Dockerty stated he was not
comfortable with the conceptual drawing presented and even though he
thought this could work he was not comfortable with moving it forward
to the Commission as presented.
• Mrs. Touhey's Deed and two subdivisions - Mrs. Morris stated she
was sent a copy of the deed and it was not clear, but she just
knew after speaking with her that was her intention and she
personally believed this violated her wishes, but legally it may
not. Mr. Robbins stated that the covenant limited the size of
the residence and permanent structures to 15,000 square feet and
could not be subdivided. He added that Mr. Benjamin knew the
restrictions and accepted them when he bought the property and
all he is doing is enhancing his residential use and respecting
the historical structure. Mr. Robbins stated they understood the
concerns of the neighbors, they respected those concerns and
would address those concerns.
Town Manager Dunham reminded everyone of the timeline of the
Commission Meeting and when documents needed to be received by the Town.
Vice Chairman Murphy stated they could either move forward in sending
the application to the Commission with conditions or have this
application come back before the ARPB in more detail and with conditions
they are requesting to see instead of sending it to the Commission
without all the information, which is the job of the ARPB. Board Member
Dockerty stated he would be willing to convene again so as not to hold
up the Commission, but he could not vote on what was presented. Vice
Chairman Murphy asked if that were possible to which Assistant Town
Attorney Nazzaro stated it could be done but he did not know if was
truly possible given the time frame before the next Commission Meeting.
Vice Chairman Murphy stated along with the detailed landscape plan they
would also like to see an elevation plan. Board Member Smith stated she
would like to see it from every angle as well. Mr. Tiedeman stated he
would get with Mr. Cabezas to work on dimensions, but he would still
like to see them using the west side as he did not think Mr. Benjamin's
driveway could handle the traffic that would incur. Mr. Morris
disagreed and stated that he was a developer and understood what was
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Minutes of ARPB Meeting & Public Hearing
,Held 3-25-2021 @ 8:30 A.M.
going on. Mr. Tiedeman suggested they meet at the site and look at it
together. Vice Chairman Murphy asked if the parties involved could get
the information to the staff in time and then asked what the deadline
was for that information getting in. Town Manager Dunham stated the
information would need to be in by Monday, March 29. Discussion was had
if the ARPB had a quorum to meet on Tuesday or Wednesday, March 30 or
31. A lot of commotion went on once again in the audience and Vice
Chairman had to call the meeting back to order and have everyone return
to their respective seats. Mr. Barton reminded everyone from experience
that the Benjamin's were not good respecters of time and from his
perspective he would like to see all the details on Friday, March 26, so
he had time to look at the details and not be rushed. Mr. Barton stated
that he understood the road damage and trees issues, but he was going to
be looking at a quarry and open pit that was basically going to be
digging and excavating on his property, his borderline, with dirt,
debris, and dust everywhere. He added that Mr. Robbins had told him
they would have someone there every day to clean up, but he wanted to
ask the contractor excavating if he could assure him that his pool was
not going to have to be drained, that all the debris and dust was not
going to get on his new white patio and change the color or that he was
not going to have to wash his windows every day. Mr. Tiedeman stated
they could put a temporary fence up with a green privacy screen. Mr.
Barton asked how high that went up to which Mr. Tiedeman answered eight
feet. Mr. Tiedeman added that they were not going to be creating fine,
fine dust and they would be digging in water so it would be coming out
wet and they also could hose down the dig site as they worked to keep
the dust to a minimum. Mr. Barton stated he would like to see something
in writing in the event they did not do what they say they are going to
do. Vice Chairman Murphy stated that was something that needed to be
discussed between their lawyers. Mr. Barton stated there were five
easements with a lot of legalese going over everything, but this issue
was not on any of those documents. Mr. Robbins stated they would
include more language and an additional letter would be written to
include these issues Mr. Barton brought up. Vice Chairman Murphy stated
they needed to work things out amongst themselves because it was the
responsibility of the ARPB to make sure the neighbors were happy with
things moving forward. Mr. Murphy reminded everyone that in the Town of
Gulf Stream, the staff did not allow contractors to abuse the neighbor's
rights and privileges.
Mr. Martin expressed his angst regarding the bird sanctuary and
what detrimental effects this project was going to have on it and wanted
to know who was going to be looking after the wildlife. He reiterated
his feelings from the prior meeting that this project just did not fit
in with the neighborhood. Mr. Martin brought up the idea of the
possibility of Mr. Morris buying an adjacent property, building a
marina, and putting his 90 ft. yacht on the canal. He added he was
disappointed that the Town had let the Lemon Hill project get as far as
it had gotten in being considered.
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Minutes of ARPB Meeting & Public Hearing
Held 3-25-2021 @ 8:30 A.M.
Mr. Morris stated he would like to see drawings showing where the
water was going to go during construction because they did not want it
to go in the bird sanctuary. Vice Chairman Murphy asked if there was
anything that would require the Department of Environmental Protections
to get involved. Town Manager Dunham stated they would have to put up
silt fencing to which Mr. Tiedeman stated they would put that around the
stockpile and the edge of the property where it meets the bird
sanctuary. Mr. Tiedeman added that it would be going through the
Department of Environmental Protections as well as the Army Corps prior
to the project beginning. Town Manager Dunham stated the silk fencing
would need to be maintained daily. Board Member Smith asked when the
DEP and Army Corp would be getting involved to which Mr. Stoddard
answered they had already had discussions with them for an exemption
permit for the construction of the bulkhead, a retention permit for the
docks and a general permit for removal of the existing bulkhead. He
added they were on board, but they were waiting until everything was
approved by the Town before submitting the paperwork. Mr. Stoddard
stated they could secure those permits in 45-60 days. Mr. Murphy
questioned Mr. Stoddard and stated he thought they had already received
approval from the DEP and Army Corps because that would be needed before
submitting an application to the Town. Mr. Stoddard agreed that no
construction could begin before the DEP and Army Corps permits were in
hand, but the bird sanctuary would be through the Town. Mr. Robbins
stated that the bird sanctuary had not been maintained since the 80s.
He added it was fenced in, overrun by iguanas, raccoons and foxes and
there were many exotic plants that were not appropriate for the
sanctuary. Mr. Robbins stated there had been no investment by any
government for maintaining that site and Mr. Benjamin had even asked
what could be done. Mr. Robbins stated there needed to be an inventory
of all the trees and the plants and he was not sure if the government
had the money that it takes to do that, but it was definitely in
disrepair. He suggested that the Commission needed to investigate this
situation with the bird sanctuary and that Mr. Benjamin would like to be
part of the solution because one of the reasons he purchased the
property was because it was next to the bird sanctuary. Mr. Robbins
stated the water would not be an issue on the bird sanctuary because
there was a screening process.
Mrs. Morris stated there were still too many unanswered questions
and she wanted to make certain that the road, up to a certain point, was
going to be repaved after the project was complete. She stated that she
and her husband wanted an engineering proposal in writing that would get
done. Mrs. Morris understood that the bird sanctuary had been deeded to
the Town and she was not sure what Mr. Benjamin's rights were in
cleaning it up. She added that she believed this project to be
completely out of character for Gulf Stream and sets a bad precedent.
Mrs. Morris brought up what Mr. Martin had stated earlier that if they
eventually bought the property next to them what would stop them from
digging up a boat basin since they have a larger boat than Mr. Benjamin.
9
Minutes of ARPB Meeting & Public Hearing
Held 3.25-2021 @ 8:30 A.M.
Mrs. Morris stated that she understood Mr. Benjamin's seawall was going
to stay in place as they dig behind it and that it would be holding back
the water and soil of the canal, but she stated that his seawall was in
poor shape and wondered what would happen if it collapsed during
construction since it was also connected to Mr. Barton's seawall as well
as the bird sanctuary. She wanted to know if Mr. Benjamin and Mr. Smith
would be financially liable for the repairs if that happened. Mrs.
Morris was also worried about the septic system and the drainage that
would be coming to the north side. She was concerned that Mr. Benjamin
may decide to get an even bigger boat and then they would have to look
at that as well as she had heard that there was now a third boat in the
picture. Mrs. Morris asked if it was true that you could not dock
another boat alongside your boat to which the board members answered
that was correct. She also wanted to know if the 30 X 50 carve -out for
Mr. Smith was physically needed for Mr. Benjamin to maneuver his boat
into the 100 X 100 boat basin. Mr. Benjamin stated it would be helpful.
Mrs. Morris then asked about the dredging of the canal and how many
homeowners it took to approve the dredging. Assistant Town Attorney
Nazzaro stated the Town had tabled that since it was not part of this
application but would look into it. Mrs. Morris spoke about the garbage
cans and boat trailer that she had mentioned in the prior meeting and
the issues that they had with Mr. Benjamin and how it was against Code
as well as issues with her mailbox, etc. She stated the trailer had now
been covered by camouflage, but that she could still see it.
Vice Chairman Murphy stated those issues did not really have
anything to do with the application at hand. Mr. Robbins then got up
and stated this project was not complicated and there is no prohibition
to do that and under Florida law or the property rights under the
Florida Constitution they had a right to go forward with reasonable
regulations by the ARPB. He stated they would get the additional
information including landscape plans to staff by 2:00 on Monday, March
29.
Vice Chairman Murphy stated that the application as presented and
with the feedback given at the meeting that the package needed to be
considered as a whole instead of trying to piece things from different
meetings all together. He understood that from a logistical point the
construction may not be difficult, but the interest and concerns from
the neighbors had to be considered. Assistant Town Attorney Nazzaro
stated that getting the information by 2:00, then the Town Manager
having to review it, make a recommendation and then circulate to all the
board members in time for a Tuesday meeting. Vice Chairman Murphy
stated that trying to rush things led to the possibility of overseeing
something and not fulfilling their responsibility as a board. Mrs.
Morris responded to Mr. Robbins by stating this project was a big deal
and nothing had ever been done like this in Gulf Stream and she did not
want them to be setting a precedent and reiterated everything she had
said earlier in the meeting. Mr. Morris stated that since the external
permits had not been received there was no need to rush this
10
Minutes of ARPB Meeting & Public Hearing
Held 3-25-2021 @ 8:30 A.M.
application. Mr. Barton asked if this application was delayed or did
not move forward what was going to happen to the existing compromised
seawall to which Mr. Tiedeman stated they had done what they needed to
do to keep it from falling short of building a new wall and thought it
would stand the test of another year. Mr. Barton answered that everyone
would see once the King Tides came in.
Board Member Dockerty made a motion to defer the application to
the next ARPB Meeting on April 22, 2021. Board Member Smith seconded
the motion with all voting AYE at roll call.
Mr. Benjamin stated that he thought everyone had the wrong idea
and they were only trying to improve the neighborhood and property
values. He added out of the ten canals in Gulf Stream, theirs was the
smallest and they were just trying to increase their area a bit and
stated his next-door neighbor, Mr. Smith, was in full support and they
were working the issues out with Mr. Barton that he felt would be
resolved within a couple of days. Mr. Benjamin apologized to the
Morris's regarding the garbage can and boat trailer and stated he hated
to see the application get delayed for another month. He added that
they were affected by Mr. Barton's project and never complained. Mr.
Benjamin stated the strip along the bird sanctuary was not a right-of-
way, but deeded property and they had no intention of going into the
bird sanctuary. He added that other neighbors may have gone into the
sanctuary and done some trimming of their own and he thought something
should be done about the bird sanctuary suggesting collaborating and
making a charitable donation to improve things for everyone.
Vice Chairman Murphy stated even with deferring another month,
there was still time to do the project during the off-season and he
handed the meeting back to Chairman Smith.
VII. Items by Staff.
There were none.
VIII. Items by Board Members.
There were none.
IX. Public.
There was none.
X. Adjournment.
Chairman Smith adjourned the meeting at 10:43 A.M.
Renee Basel
Assistant Town Clerk
11
T own of Gulf Stream
TOWN OF GULF STREAM, FLORIDA
APPLIC ATION FOR DEVELOP MENT APPROVAL
This fo rm is to be used for all development review applicati ons to be he ard by the Town of Gulf Str eam
Architectural Review and Planning Board, B oard of Adjustment and/or Town Commission . To c omplet e th e
fo rm properly, plea se revie w the accompanying. T own of G ulf Stream I nstruction Manual for Application for
Development Review Form. Failure to complete this form properly will delay Its consideration..
ARPB File # 2.., - ,3
PART II. GENERAL INFOR MATION
To be completed by all applicants.
A. Project Information
I. A.1. Project/O wner Name: Gulf Stream Gold Club
I.A. 2. Project Address: 2401 N Ocean Blvd. Gulfstream, FL 33483
I. A.3. Project Property Legal Descriptio n: 3-46-43, GOV LT 3 (LESS NLY 1415 .27 FT LYG E OF OCE AN
BLVD & 4-46-43 E 3/4 OF SE 1/4 LYG E OF ICW A/K/A GULFSTREAM GOLF CO URSE
I.A.4. Proje ct Description (desc ribe in deta il, in clu ding # of s to ries, etc.) Install one fabric patio awning
for fron t terrace of club for din in g. Size: 100' length X 26' projection
I.A. 5. Square Footage of New Structu re or Addition: 2,600
Arc hite ctural style: Standard Slope shed style
I. A.6. Chec k all that apply: ✓ Architectural/Site Plan Revie w North O ce an Bouleva rd O ve rla y (comple te
section B) Demolition of Structure s (comple te section C) Land Clearing (complete s ec tion D)
Special Exception (co mplete section E) Variance (complete section G) No n-reside ntial use s
(complete Section F)
I. A. 7. Propo sed F.F.E:
B. Owner In formatio n
I. B.1. Owner Address: Gu lf Steam Go lf Clu b
1.6.2. Owne r Phone Number: 561-27 0392 Fax:
I.B.3. Owner Signature :
C. A gen t Information
I. C.1. Agent Name and Firm Name: Donald C Day - Delray Awning LLC
I.C. 2. Agent Addre ss: 80 N Con gress Ave. Delray Beach. EL 33445
I_C.3. Age nt Phone Number (0 ) 561-276-5381 Cell Fax
NIA
Type of Foundation:
I.C. 4. A gen t Signa ture: C'
Official Use Only
Pre -A pp Date : ARPB Da te:
App Date: Re commendation:
Corn Date: TC Date:
Decision: mow,
Application for Development Approval, Form ADA. 32000 Page 2
Septembe r 2004
J
Town of Gulf Stream
PROJECT DESCRIPTION ���
PART III. AND JUSTIFIC ATION 4P�
To be complet ed by all applic ants after pre -application conference with T own Staff. Plea be cfin, fJ g ut
sheets only when necess ary and be sure to i nclude the appr opri /1 co pNe
brief. Attach additional !//fsfr
que stio n number f or e ach response. eio,
T'
A. Proje ct Description a nd Justification
III.A. 1. In what zoning district is th e project site located?
III.A.2. Is the pro ject compatible with the intent of the zoning district ?
Explain:
III.A.3. Is the pro ject consistent wi the Future Land Use Map and goals, objectives and policies of th e
Compre hensiv e Plan? No
Explain:
NI A
III.A.4. How are ingress and egress to the property to be provided?
III.A.5. How are the following utilities being prov ide d to the property?
a. Stormwater Drainage
b. Sanitary Sewer
c. Potable water . t� 1
d. Irriga tio n Water
e. Ele ctricity
f. Telephone
g. Gas
h. Cable Television
III.A. 6. If the project involve s the erection of one or mo re structures, please de scribe how the structures are
consistent with the crite ria in Section 66-144 of the Town of Gulf Stre am Code. (Attach additional
sheet if necessary.)
PART IV. A DDITIONAL INFORMATION
Sectio n A is to be completed by all a pplicants after pre -a pplica tion co nference with Town staff. Answe ring
"Yes" to any question in Section A requires the completio n of additional Sections as indicated.
A. Addition al Appro vals /Requ irements
IV.A. 1. Do es the project involve laond area(If within
fifty fection et (50')
f this the A1A
(Northe coO cean . Bo ulevard)
right-of-way? Yes
IV. A. 2. Do es the project involve the demolition of one or more structures? Ye s g)
(If "Yes", Section C of this part must be co mplete d.)
IV.A.3. Does the project involve the clearing
area rthe
effilling
of n portion
o lion of as n exiNiiong vacant lot or mo re than
fifty percent (50%) of the landscape
(If "Ye s", Se ction D of this part must be complete d.)
IV. A. 4. Does the project requ ire appro val of a Spe cial Exception? Yes No
(If "Yes", Section E of this part must be completed.)
IV.A. 5. Is the proct,at variance with any regulations containe d in the Zoning Co de?
Yes (If " Yes", Se ction G of this pa rt must be comple ted.)
Application for Development Approval, Form ADA. 32000
Page 3
Septembe r 2004
TOWN OF GULF ST REAM
ARCHITECTURAL REVIEW AND PLANNING REPORT
Application #: 21-13
Address: 2401 North Ocean Blvd.
Propo sed Improvement:
Approval Requested:
Gross Lo t size : N/A
Proposed Total Floor Area: N/A
Zo ning District: OR
Finished Floo r: N/A
Owner: Gulf Stream Golf Club
Agent: Donald C. Day, Delray Awning LLC
To permit the installati on of a 100 ft. long by 26 ft. wide
fabric p ati o awning over the fr ont terrace of the club
for outdoor dining . The color and design of the
awning will match those awnings that are l ocated
ar ound other areas of the building .
Level II Architectural/Site Plan Review to permit the
installati on of a 100 ft. l ong by 26 ft. wide fabric patio
awning over the fr ont terrace of the club for outd oor
dining. The color and design of the awning will match
tho se awnings that are l ocated around other areas of
the building.
Effective Lo t Area: N/A
Allo wable: N/A
Height: N/ A
Eave Height: N/A
Issues Co nsidered During Review:
Sectio n 66-144 Standards: Regarding Level II architectura l/site plan review
Section 70-70 (2): Floo r a rea calculatio ns under awnings
Sectio n 70-102: Shutters and awnings
Mo tions:
Mo tion to a pprove a Level II Architectural/Site Pla n based on a finding that the installatio n of a
100 ft. lo ng by 26 ft. wide fa bric patio awning over the fro nt terrace of the club for o utdoo r
dining that matches the co lo r and de sign of those awnings that are located around o ther area s of
the building meets the minimum intent of the Design Ma nua l a nd applica ble revie w standards.
AR PB Date: A pril 22, 2021
Action - Level II Architectural/Site Plan Review
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