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HomeMy Public PortalAbout03 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, 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: Absent w/notice Thomas Smith Malcolm Murphy Bob Dockerty Jorgette Smith Amanda Jones Gregory Dunham Edward Nazzaro Rita Taylor Curtiss Roach Chairman Vice Chairman Board Member Board Member Alternate Board Member Town Manager Staff Attorney Town Clerk Board 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 stated he would not be present for the May meeting she would not be available for the May meeting. to these dates and Amanda Jones stated 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 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 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. 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 11 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- 5 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 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 AlA 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 7 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. 0 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. C 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 B el Assistant Town Clerk 11