Loading...
HomeMy Public PortalAbout04 22 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, APRIL 22, 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 8:32 A.M. II. Roll Call. III. Minutes of the Regular Meeting and Public Hearing of 3-25-21. Board Member Dockerty made a motion to approve the minutes of the March 25, 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. May 27, 2021 at 8:30 A.M. b. June 24, 2021 at 8:30 A.M. c. July 22, 2021 at 8:30 A.M. d. No August Meeting Chairman Smith made mention of the dates and stated he knew two of the members would not be able to attend the May meeting and asked the other members of the board to let Town Clerk Taylor know of any dates they would be missing asap. VI. PUBLIC HEARING. A. Declaration of Ex-Parte Communication Board Member Smith stated she had spoken with Mike Hayes regarding his property. B. Administer Oaths Town Clerk Taylor swore in Donald Day, Bill Wietsma, Tom Murphy, Joe and Jennifer Morris, Art Tiedeman, Kent Robbins, Tom Barton, William Martin, Stephen Benjamin, and Mr. Stoddard. C. Applications for Development Approval 1. An application submitted by Donald Day of Delray Awning LLC, Agent for Gulf Stream Golf Club, the owners of property located at 2401 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as 14 Tracts of land, lying and being in the County of Palm Beach and the State Of Florida. a. Level 2 Architectural/Site Plan Review to permit the installation of a 100ft. long by 26 ft. wide fabric patio awning over the front terrace of the club for Minutes of ARPB Meeting & Public Hearing Held 4-22-2021 @ 8:30 A.M. outdoor dining. The color and design of the awning will match those that are located around other areas of the building. Mr. Donald Day of Delray Awning stated that the Gulf Stream Golf Club was proposing a new awning for the front terrace of the club for outdoor dining. The color and design of the awning will match those that are located around other areas of the building, he added. Chairman Smith asked if the scalloping would match to which Mr. Day answered it would be identical. Town Clerk Taylor noted there was a fabric sample if any of the board members wanted to see it. Board Member Dockerty asked what the life expectancy of the awning was to which Mr. Day answered approximately 10 years. Chairman Smith asked who would approve the engineering to which Town Manager stated the City of Delray Beach would issue the permit and Town Clerk Taylor added it would meet the Florida Building Code. Vice Chairman Murphy made a motion to approve a Level II Architectural/Site Plan based on a finding that the installation of a 100 ft. long by 26 ft. wide fabric patio awning over the front terrace of the club for outdoor dining that matches the color and design of those awnings that are located around other areas of the building 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 William Wietsma, Agent for Joanne F. Hayes, the owner of property located at 1060 N. Ocean 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 West 262.5 ft. of Lot 15A, Block D, Revised Plat of Block D and Block E, Palm Beach Shore Acres (Ocean Boulevard Estates) together with an easement for ingress and egress over the South 15 ft. of the North 40 ft. of Lot 15A. a. Demolition Permit to remove structures on the property to prepare for new construction. b. Variance to permit construction of a new dwelling on the same footprint, using the existing building setbacks of the existing building, which are the same as the existing neighboring structures. c. Level 3 Architectural/Site Plan Review to permit the construction of a 2,647 sq. ft. Gulf Stream Bermuda, single story dwelling, the finished floor elevation of which will be increased to 9.53 NAVD (an increase of 1.5 ft.) to match that of the neighboring dwellings, and an attached garage. Mr. Bill Wietsma, Architect, explained that the house is a foot and a half lower than the houses on either side of it. He stated they wanted to demolish the existing house and construct a new Bermuda - style cottage using the same footprint but increasing the floor elevation 2 Minutes of ARPB Meeting & Public Hearing Held 4-22-2021 @ 8:30 A.M. 1.5 ft. to match the neighboring dwellings. He added that all the neighbors were in favor. Vice Chairman Murphy brought up the eight criteria that must be met for a variance and Chairman Smith stated seven of the eight had been met and they could not blame the condition of the house on the current owners. Board Member Smith asked about drainage to which Mr. Wietsma answered it would go underneath the house and there would be no swales. Chairman Smith asked if it tied in to the City of Delray's sewer to which Mr. Wietsma answered it was on a septic system that all four houses were tied to. Chairman Smith asked where that was located to which Mr. Wietsma answered it was next to Barbara Whittaker's house. Board Member Roach reiterated that all the neighbors were in favor and had written letters to the Town with their approval. Vice Chairman Murphy made a motion to approve a Demolition Permit to remove structures on the property to prepare for new construction. Board Member Roach seconded the motion with all voting AYE at roll call. Vice Chairman Murphy made a motion to recommend approval of a variance from the provisions in Section 71-4 to allow an 8111, modification to the side setbacks, a 7' modification to the front setbacks and an 8' modification to the rear setback and a variance from the provision in Section 70-72 to allow 146 sq. ft. increase to the FAR. Board Member Smith seconded the motion with all voting AYE at roll call. Vice Chairman Murphy made a motion to recommend approval to permit the construction of a 2,647 sq. ft. Gulf Stream Bermuda, single - story dwelling, the finished floor elevation of which will be increased to 9.53 NAVD (an increase of 1.5 ft.) to match that of the neighboring dwellings, and an attached garage. Board Member Dockerty seconded the motion with all voting AYE at roll call. Chairman Smith recused himself for the next portion of the meeting and Vice Chairman Murphy took over as chair. 3. Continued from the Public Hearinq held on 2-25-21 & 3-25-21. 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. 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. 3 Minutes of ARPB Meeting & Public Hearing Held 4-22-2021 @ 8:30 A.M. c. Construction of site walls to retain existing Grades. Mr. Kent Robbins gave a detailed PowerPoint presentation addressing all the concerns from the last meeting on March 25, 2021. Vice Chairman Murphy opened the floor for public comment. Mrs. Jennifer Morris, resident in Gulf Stream, asked if she could get the packet that had just been presented to which Assistant Town Attorney Nazzaro told her that it had been on the Town website for the past week. She added she would like to see legal surveys of the four properties involved in this project which she named as Lemon Hill, Barton property, Smith property and the Bird Sanctuary. She took issue with the boundary lines of the Bird Sanctuary and stated she did not think the property lines between Lemon Hill and the Bird Sanctuary were clearly defined. Town Manager Dunham stated the Bird Sanctuary had been given to the Town and Town Clerk Taylor explained that after looking through the records she found a deed for the Bird Sanctuary but there was no survey attached to the deed. She added that the Town did have a survey of the property that is being considered for development, which is what Mrs. Morris had seen. Mrs. Morris stated that what she saw was a Xerox copy and not official and totally inadequate. Town Clerk Taylor stated the copy was stamped deeming it official. Mrs. Morris contended that a boundary survey was not a legal survey and wanted the Town to get a legal survey of the Bird Sanctuary showing property lines. Assistant Town Attorney Nazzaro stated the Town could get a survey of the Bird Sanctuary but was unsure of the timing and how soon the surveyors could accomplish the task. He added that a provision could be made in the application if it moved forward to the Commission regarding the survey of the Bird Sanctuary. Board Member Dockerty stated he thought the presentation made by Mr. Robbins was excellent and extremely informative. He added that the concessions being made regarding traffic control were very nice and cooperative. Board Member Smith had questions about the Truline Seawall and how it was different than a normal seawall. Mr. Art Tiedeman had an example and gave a detailed lesson on how it worked and added that it was the future of seawalls. Mrs. Morris wanted to know how the new system tied into the old seawall to which Mr. Tiedeman tried to explain how it would work and what would be done to tie them seamlessly together, but he added it was hard to show on paper. Board Member Roach asked if this was the cutting -edge technology of seawalls to which Mr. Tiedeman answered it was the best seawall you could buy. Board Member Roach was concerned with the melding of the new seawall to the old seawall and thought it should be worked out ahead of time, even if it was hard to show on paper. Mr. Tiedeman then explained, in more depth, how it would work. Board Member Roach was still concerned about leakage between the two seawalls and substantial repairs that may be needed. Mr. Tiedeman stated there would be no gap between the two walls as they would become one wall, thus no erosion. Town Manager Dunham asked if Mr. Tiedeman had built one of these in the City of Delray Beach to which L! Minutes of ARPB Meeting & Public Hearing Held 4-22-2021 @ 8:30 A.M. Mr. Tiedeman answered in the affirmative and he explained the building and inspection process. Mrs. Morris wanted to know the cost per linear foot to which Mr. Tiedeman answered $800-$1500 per foot as there were a lot of variables. Mrs. Morris wanted to know about the 45' on Mr. Barton's property. She asked who was going to pay for it and who was going to own it or would have legal ownership of that seawall. Mr. Barton, Town resident, spoke up and stated this was not affecting the Morris's. Mrs. Morris disagreed and then Mr. Barton asked if the seawall she was discussing affected her, to which she said it did not, but the entire project did. Mr. Barton went on to say they were discussing his seawall and it did not concern her. Mr. William Martin, Town resident, had some questions about weep holes to which Mr. Tiedeman answered in detail the differences between a weep hole on a conventional sea wall to the stainless -steel weep holes Truline used and the advantage of them. Vice Chairman Murphy asked about the land clearing permit and wanted to know if they were removing three or four trees. Mr. Robbins pointed out that was a mistake, and it should say three. Board Member Smith asked about the landscaping and what trees were going to be used to which Mr. Chris Cabezas, Landscape Architect, answered Pigeon Plum, Green Buttonwood, Florida Thatch Palms, Royal Palms, several Coconut Palms and then a variety of native shrubs to create screening from the North side and behind the seawall. Mr. Tom Murphy, lawyer representing the Barton's, wanted to get some things on the record with respect to this project. He stated there were two fences and one of them Mr. Smith had agreed to repair or replace, and the other fence Mr. Benjamin had agreed to repair or replace if it is damaged. He also brought up the helical pilings and stated the construction manager would confer with Mr. Barton on the placement of those pilings. Mr. Murphy stated with respect to soil erosion, it would be the ongoing responsibility of Mr. Smith, Mr. Benjamin, and their successors if it was the result of the helical pilings or the wall. Mr. Robbins agreed that if their pilings or wall failed and consequently it deteriorates or causes damage, they would correct it or repair it. Vice Chairman Murphy stated this was something that needed to be discussed between their parties and did not involve the ARPB. Mr. Murphy stated he just wanted to get it on the record. Mr. Robbins stated they would put the language in the agreement and clarify it amongst themselves. There was other discussion had that did not have anything to do with the ARPB and needed to be worked out among the parties involved. Vice Chairman Murphy tried to get the meeting back on track which brought Mrs. Morris back up to talk about the 45 ft. wall. She stated that at $1,500 a foot would be approximately $68,000 and that it was her understanding that Mr. Benjamin was going to pay for it and own it, but it was up against Mr. Barton's property, so if Mr. Barton stood on it, he would be trespassing. Mr. Murphy stated they had their own agreement. Mrs. Morris then stated that it was her understanding that Mr. Smith was going to be paying for his own 5 Minutes of ARPB Meeting & Public Hearing Held 4-22-2021 @ 8:30 A.M. construction in the carve out and asked if that was correct to which Mr. Smith answered in the affirmative. She added that was about $155,000 worth of wall and if they were to go straight across instead of the carve out it would only be $75,000. Board Member Smith stated this had nothing to do with the application, but Mrs. Morris disagreed and stated the property needed to be surveyed and wanted to know if the spec line was the property line of the Bird Sanctuary and why didn't they just go straight across instead of the carve out. Mr. Robbins stated that was the design. Mrs. Morris asked again about the property line between Lemon Hill and the Bird Sanctuary to which Mr. Robbins stated he could not make that representation. Mrs. Morris went on to point out places on the site plan and stated she had looked at old documents through a surveyor and contended that the land belonged to the Bird Sanctuary and reiterated they wanted a survey done of the Bird Sanctuary. Mr. Robbins stated these issues had been discussed with the Council and the Town and had been resolved. He went on to say that if anyone had substantial evidence then it should be considered, but speculation should not be considered by the Board. Mr. Robbins stated that the Florida Constitution and laws of Florida provide that they have the right to neutralize their property any way they wish. He added they had bent over backwards, at a tremendous cost, to do everything possible to be a good neighbor and had addressed every objection fairly and equitably. He then asked for a motion to recommend approval to the Commission. Vice Chairman Murphy commended him on the upgrade of the presentation and for hitting all the points they had asked them to address. Board Member Smith agreed that they had gone above and beyond to address all the issues. Board Member Roach asked if the Town legal counsel was going to address the Bird Sanctuary to which Assistant Town Attorney Nazzaro stated he would reach out to the Town's engineers and get a survey conducted and it could be brought up at the Commission meeting if everything moved forward. Mr. Joe Morris, Town resident, stated this was all an assumption that the DEP was going to approve the dredging of the canal, which he thought should happen before the digging of the marina. He thought sending this application to the Commission before the DEP approval was a waste of time. Mr. Robbins stated that dredging was not part of the application. Mr. Martin stated that if the Board were to proceed, he thought there should be some provisions made for the neighbors regarding lighting and heights of boats. Vice Chairman Murphy asked the Town Staff to address this to which Assistant Town Attorney Nazzaro stated there were regulations regarding the lighting you are permitted to have on your dock as well as provisions regarding a docking zone that the size of the boat permitted is relative to the waterfront. He added the Town Code had built-in protections for size and light issues. Mr. Martin stated it still did not address height issues. Mrs. Morris stated that this project could not go forward until the DEP permits had been ascertained and wanted to know if that was correct. Mr. Stoddard C^ Minutes of ARPB Meeting & Public Hearing Held 4-22-2021 @ 8:30 A.M. stated that no building permit could be issued until all permits are secured from FDEP so there would not be any construction or digging started until those permits were received from the FDEP. Mrs. Morris stated she had done some research regarding dredging and that the canal was a man-made canal. She added that the land under the water belonged to Mr. Barton, the Bird Sanctuary, and the other property owners with all six of the property owners having to agree to the DEP permit to dredge. vice Chairman Murphy said he was sure they would address that in due time. Board Member Dockerty made a motion to recommend approval of a Demolition Permit and a Level III Architectural/Site Plan based on a finding that the construction of a new bulkhead landward of the existing bulkhead, the construction of two docks and a boatlift and the construction of new site walls to retain existing grades meets the minimum intent of the Design Manual and applicable review standards. Board Member Roach seconded the motion with all voting AYE at roll call. 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 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. 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 approve a Land Clearing Permit based on a finding that the Land Clearing Permit to remove three trees in poor condition and to install two native trees and 11 native palms as replacement trees meets the minimum intent of the Design Manual and applicable review standards. Board Member Roach seconded the motion with all voting AYE at roll call. Board Member Dockerty made a motion to approve a Level II Architectural/Site Plan Review to permit landscaping improvements as per the detailed drawing based on a finding that the landscaping improvements meet 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 7 Minutes of ARPB Meeting & Public Hearing Held 4-22-2021 @ 8:30 A.M. major modifications shall be brought back to the ARPB for review and approval before commencement of landscaping. Board Member Smith seconded the motion with all voting AYE at roll call. Vice Chairman Murphy turned the meeting back over to Chairman Smith. VII. Items by Staff. Assistant Town Attorney Nazzaro gave an update on the Building Design Bill and some amendments and language they were looking at with the Florida League of Cities. Chairman Smith thanked Mr. Nazzaro for all his hard work. VIII. Items by Board Members. Vice Chairman Murphy asked what was on the docket for next month's meeting to which Town Clerk answered nothing official yet, but she had a few pre -application meetings. Town Manager Dunham added that Mr. Chip Conklin may be on the next meeting's agenda. IX. Public. There was none. X. Adjournment. Chairman Smith adjourned the meeting at 10:12 A.M. Renee Basel Assistant Town Clerk 9