HomeMy Public PortalAbout12 10 2021 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN
COMMISSION, OF THE TOWN OF GULF STREAM, ON DECEMBER 10, 2021, AT 9:00
A.M. IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL,
100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order
Mayor Morgan called the meeting to order at 9:00 A.M.
II. Pledge of Allegiance
Mayor Morgan led the Pledge of Allegiance.
Roll Call
Present and
Participating:
Also Present &
Participating:
Scott W. Morgan
Thomas W. Stanley
Paul A. Lyons
Joan K. Orthwein
Donna White
Gregory Dunham
Edward Nazzaro
Edward Allen
Rita Taylor
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Asst. Town Attorney
Chief of Police
Town Clerk
IV. Minutes
A. Regular Meeting of November 12, 2021
Vice Mayor Stanley made a motion to approve the minutes of
the regular meeting on November 12, 2021. Commissioner Orthwein
seconded the motion with all voting AYE at roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Town Manager Dunham stated he was adding an item to his Manager
Reports. Item 6. FL Opioid Agreement Settlement Funds.
VI. Announcements
A. Regular Meetings and Public Hearings
1. January 14, 2022, at 9:00 A.M.
2. February 11, 2022, at 9:00 A.M.
3. March 11, 2022, at 9:00 A.M.
4. April 8, 2022, at 9:00 A.M.
Mayor Morgan called attention to future meeting dates.
VII. Communication from the Public (3 min. maximum)
Mrs. Cuppy Kraft, Town resident, wanted to know where the Town
was on the issue of removing the poles from the undergrounding project.
Town Manager Dunham stated it was on the agenda and would be answered
later in the meeting.
VIII. Public Hearing
Minutes of Town Commission
Regular Meeting December 10, 2021 @ 9:00 A.M.
A. Declaration of Ex-Parte Communication
There was none.
B. Administer Oaths
Town Clerk Taylor swore in Benjamin Schreier, Bill Boardman,
Cuppy Kraft, and Joe Peterson.
C. Applications for Development Approval
1 An application submitted by Benjamin Schreier, of Affiniti
Architects, as Agent for James and Nadia Davis, owners of
property located at 588 Banyan Road, Gulf Stream,
Florida, which is legally described as Plat of Polo Cove,
Lt.1, S 50 ft. of Lt 2 & S 75 ft. of Lot 3 & N 55 ft. of
Lt 2A.
a. DEMOLITION PERMIT to remove existing structures on the
property, with the exception of the existing entry
wall pier feature at the entrance.
b. SPECIAL EXCEPTION to reduce the rear setback from
50'to 35' as per Section 70-75 (j) , Rear Setbacks For
Waterfront Lots in the Core District.
c. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the
construction of a single family, two story, 8,699 sq.
ft. Anglo Caribbean dwelling with attached 2&1/2 car
garage and a swimming pool.
Mr. Benjamin Schreier, Architect and Agent, gave a
detailed presentation proposing a new two-story Anglo Caribbean house
after removing the existing home. He noted they wanted to renovate the
existing site wall, which was in a non -conforming location. Mr.
Schreier stated they were proposing a stucco base, windows with a light
blue frame and a cedar shake shingle roof. He then gave a breakdown of
the lot square footage, the FAR allowable (8,720 sq. ft.) and what they
were proposing (8,699 sq. ft.), as well as eave heights and landscaping.
Mr. Schreirer stated that style of the home was within the allowable for
the district it was zoned for and that the staff had questioned the
percentage of glass on the rear of the house, and he stated they were
well below the allowable. He noted the special exception that was being
asked for and stated it had been vetted carefully by the staff and Town
Attorney, as well as approved by the ARPB and met the criteria for a
special exception. Mayor Morgan asked why it met the criteria to which
Mr. Schreier stated he would refer to staff and the Town Attorney to
answer since they were the ones who helped to determine if it met the
criteria. Mayor Morgan stated that other than making the house larger,
why was a special exception needed and he added that in his opinion
there was an overwhelming massiveness to this house without the special
exception and he didn't see how it qualified for a special exception.
Mr. Schreier pointed out that it was consistent with other properties
that had three sides of water on their property. Commissioner Orthwein
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Minutes of Town Commission
Regular Meeting December 10, 2021 @ 9:00 A.M.
thought special exceptions were started for existing properties and not
new homes to which Assistant Town Attorney Nazzaro stated they just had
to meet the criteria, whether it was an existing property or new
property. He then read from Section 70-75 (j) of the Town Code of
Ordinances. More discussion was had regarding this setback, its
location on the south side and elevations. Mayor Morgan reiterated that
this setback special exception was more of a desire than a necessity and
asked again how it met the criteria. Mr. Schreirer stated they weren't
asking for the exception to gain any more square footage but it was for
the style and architectural design of the house. Mayor Morgan disagreed
and stated the massing of the house did not meet with the character and
definition of the Core District in the Town Code. Mr. Schreirer
defended his case stating this was a unique lot with water on three
sides and setbacks were written for more generic lots. He added that
they had designed it so the other homes were looking at the one-story
portion of the home and that they were six feet under the allowable
height for the house.
Commissioner Orthwein asked if any of the neighbors had made
comments after notices were sent out to which Town Clerk Taylor answered
there had been no comments from any of the neighbors.
Mayor Morgan asked if there were any comments from the public.
Mr. Bill Boardman, Town resident, stated he and his wife had been
residents of Gulf Stream for 17 years and was past president of the
Civic Association as well as sat on many of the boards and committees in
Gulf Stream. Mr. Boardman stated he had many concerns regarding this
application with the first being the massing and would consider it a
mansion. He added that the Zoning Code and Design Manual gave great
latitude, and he thought the numbers should be checked and looked at
again regarding size, mass, and existing homes in the neighborhood. Mr.
Boardman suggested that the Commissioners return this application to the
ARPB for an in-depth review and added that he felt this was a critical
time in the development of Gulf Stream and that the Commission and ARPB
needed to hold to the founding principles of the Town. He then read
from Article I of the Design Manual regarding the history of Gulf
Stream. Mr. Boardman asked who the notices went out to, and Town Clerk
Taylor then explained the process and stated notices had gone out to the
entire cove.
Commissioner Orthwein stated that the Commission had created this
problem themselves by selling off the easement to Mr. Davis which then
enabled him to build an 8,699 sq. ft. house. She agreed with Mayor
Morgan that the house was angled in such a way that it wasn't attractive
for those across the water, and it was quite massive for the Cove.
Commissioner Lyons agreed by stating that the Design Manual was a
guideline and the house needed to fit within that context and then he
simply stated the house was just too big for the Core District and if it
was on the ocean front it would be a different story. Mr. Schreirer
once again defended himself by stating that they were well below the
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Minutes of Town Commission
Regular Meeting December 10, 2021 @ 9:00 A.M.
allowable height, the one-story portions of the house were the ones
adjacent to the neighbors, the architectural style was in the preferred
for that district, and the lot coverage was significantly below what was
allowed. Discussion was then had among the Commissioners regarding
other large lots in the Core District but was decided these homes
weren't as visible as this home would be. Mayor Morgan pointed out that
he agreed with what Mr. Boardman had stated when he talked about
preserving the character of the neighborhood and why the Code was
written so that mansionization wouldn't happen in Gulf Stream.
Landscaping was discussed and Mr. Schreirer pointed out that the
renderings didn't do it justice. Mr. Peterson, Landscape Architect,
then outlined the plan as to what vegetation was going where.
Commissioner White stated she didn't think there was enough screening
and understood that the owners wanted water views. Mayor Morgan stated
the landscaping didn't change the concern of the massing of this large
home in the context of the Core.
Mr. Schreirer stated that this application was unanimously
approved by the ARPB with none of the issues that the Commission was
bringing up, so he was not anticipating any problems going forward and
was basically caught off -guard. Mayor Morgan sympathized with Mr.
Schreirer and stated that all the Commissioners had served on the
Architectural and Review Board themselves at one time, but that it was
an advisory board and the ultimate responsibility of the Commission to
make a final judgment. Commissioner Orthwein stated she thought it was
a lovely house but the position and placement of it was an issue and
wondered if it needed to be two-story to which Mr. Schreirer answered
they were taking advantage of the views. She then added that she didn't
see the need for a special exception and that was her biggest issue.
Commissioner Lyons asked about the color of the frames and garage
doors to which Mr. Schreirer said they had taken into context what the
ARPB had said about the blue color and would be toning it down or
changing it altogether. All the Commissioners were against the blue
color for the frames and garage doors.
Vice Mayor Stanley stated he thought the architect could use a
little more creativity with the master wing regarding elevation and
landscaping.
Vice Mayor Stanley made a motion to send the application back to
the ARPB for further review. He added that the architect's task would
be to review and/or remove the special exception proposed, to revisit
the east elevation and the master wing, to revisit the overall square
footage and massing of the structure, to revisit the landscaping
specific to the east elevation and possibly the south elevation and have
a definite color for the window frames and garage doors. Commissioner
Lyons seconded the motion with all voting AYE at roll call.
IX. Reports
A. Town Manager
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Minutes of Town Commission
Regular Meeting December 10, 2021 @ 9:00 A.M.
1. Utility Undergrounding
Town Manager Dunham stated Comcast had completed their
second cutover and still needed to do the cutover for the multiple
dwelling units between Sea Road and Little Club Road. He added they
could begin wrecking south of Sea Road. Mr. Dunham stated FPL would
begin putting in the new streetlights and once those were in, they would
begin taking down the old streetlights and poles. He added that the
goal was to be finished the first two weeks of January. Mrs. Cuppy
Kraft wanted to know when the poles would be coming down between Sea
Road and Little Club Road to which Mr. Dunham stated that would happen
after the cutovers were finished. Mrs. Kraft stated she would be back
at the January meeting to see if this had happened and get an update.
2. Update on Gas Powered Leaf Blowers
Town Manager Dunham stated he had attempted to get Mr.
Snavely and Mr. Shubin connected, as well as Mr. Roach. Mr. Chet
Snavely, President of the HOA in Place au Soleil, stated that Sandi
Brandt had sent out a survey to the Place au Soleil residents.
Commissioner White stated there were only nine responses out of 93
residents and they were split evenly between yes and no, with one
neutral. Commissioner Orthwein stated that the electric blowers were
still loud, but they were better for the environment. It was decided to
table this issue until the next meeting so that they could get more
input from the Civic Association.
3. Artificial Grass Prohibition Update
Town Manager Dunham stated the staff would be educating
the residents through the Mayor's State of the Town at the end of 2021
and continue to educate them through the Town's quarterly newsletters.
4. Lighting Monument Street Signs @ Banyan & Lakeview Streets
Town Manager Dunham stated they had contacted companies
but were not getting any responses and thought this was due to the
pandemic over -demand of products. He then asked what everyone thought
since they had been cleaned. Commissioner Lyons answered that they
looked great and that you could actually see them now. Mr. Dunham
wondered about in the evening to which Mr. Bob Burns, Town resident,
stated you still couldn't see them at night. Mrs. Cuppy Kraft stated
people were used to looking up for street signs and not down at a rock.
Mr. Dunham stated the staff would continue trying to get a cost for
lighting.
5. Concerns re: massing and its impact on neighborhood
character
Mayor Morgan stated they had just spent most of the
meeting talking about this very thing and added that the Town had made
certain changes to the Code and Design Manual to try and reduce the
visible impact of two-story homes, but it had been inadequate to address
the concern of mansionization, particularly in the Core. He then
suggested the possibility of increasing the front setback of two-story
homes and added that he had asked Mr. Nazzaro and Mr. Dunham to look
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Minutes of Town Commission
Regular Meeting December 10, 2021 @ 9:00 A.M.
into this and asked them to report their findings. Assistant Town
Attorney Nazzaro stated that the Town did have a unique Code and that
anything new would be very specific to Gulf Stream. He added that
increasing a front setback on the two-story homes would help in solving
the canyon effect and the looming over the road. Mr. Nazzaro suggested
also loosening restrictions on single -story homes to encourage building
those over two-story homes in Gulf Stream. Mayor Morgan also suggested
changing the finished floor elevation with the new flood requirements
that were up 18". Commissioner Lyons was worried by more than just the
front setbacks, but also the side setbacks, and thought that the square
footage should be looked at again as well, as he thought it was a big
part of the problem. Mayor Morgan agreed that they needed to re-
evaluate the FAR (Floor Area Ratio). Commissioner Orthwein believed
they needed to loosen the restrictions on single -story homes to
encourage people to go that route. Commissioner White also agreed they
should re-evaluate the FAR and didn't want to see Gulf Stream turn into
a Delray Beach. Assistant Town Attorney Nazzaro stated that adjusting
the FAR was an easier way to get smaller homes that were more consistent
with what was present in Gulf Stream but added that the issue with that
was possibly devaluing the property and then being forced to compensate
for that loss in value per the Bert Harris Law. Mr. Nazzaro suggested
looking at the percentage of the second story so that you would have a
large first story and a smaller second story that wasn't looming over
the road. Commissioner Lyons added that he would make an argument that
people would give up square footage for the understated character of
Gulf Stream.
Mrs. Cuppy Kraft asked if the ARPB and Commission was for checks
•and balances because she thought Mr. Schreier had been caught so off -
guard that the Commission was totally opposed to the application after
the ARPB had approved it. She suggested that a professional architect
be hired to be on the ARPB as a guide. Mayor Morgan stated the ARPB was
an advisory board that made recommendations and they would be guided by
the comments made by the Commission at this meeting and that these would
help them consider other elements in future applications.
Mr. Bob Burns suggested restricting the square footage of the
second story and increasing the square footage of the first story as an
incentive to build one-story homes.
Commissioner Orthwein thought the FAR should stay the same as it
had worked for 25 years and been very well designed for their manual and
they should just deal with the setbacks, which would encourage one-story
homes. She added that it was cheaper to build one-story homes as well.
Mr. Nazzaro agreed that relaxing the setbacks for one-story homes would
be beneficial and something to look into further. The Commissioners
asked if the staff felt comfortable in looking at the Code or if it may
be beneficial to engage Urban Design, Mark Marsh, etc. Mr. Nazzaro
stated he thought it may be more beneficial to bid out for a
professional opinion. Mayor Morgan asked that the staff evaluate the
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Minutes of Town Commission
Regular Meeting December 10, 2021 @ 9:00 A.M.
Code, identify areas for potential change and come back next month with
recommendations and who the Town could possibly engage to do this.
6. FL Opioid Agreement Settlement Funds
Assistant Town Attorney Nazzaro explained this was the
result of a lawsuit which the Town needed to sign a participation
agreement releasing all future claims to sue the drug companies, which
the Town wasn't going to be involved in to begin with, and the
distribution of funds was restricted and would go to educating law
enforcement. The amount would be $1,500 per year for the next 18 years
Town Manager Dunham stated after speaking with Chief Alien and Captain
Haseley the Town would use the monies to train and use Narcan.
Commissioner Lyons made a motion to authorize the Town Manager to
execute the agreements. Commissioner Orthwein seconded the motion with
all voting AYE at roll call.
B. Architectural Review & Planning Board
1. Meeting Dates
a. December 16, 2021, at 8:30 A.M.
b. January 27, 2022, at 8:30 A.M.
c. February 24, 2022, at 8:30 A.M.
d. March 24, 2022, at 8:30 A.M.
e. April 28, 2022, at 8:30 A.M.
f. May 26, 2022, at 8:30 A.M.
g. June 23, 2022, at 8:30 A.M.
Mayor Morgan called attention to the ARPB dates.
C. Finance Director
1. Financial Report for November 2021
2. Water Usage as of November 30, 2021
Mayor Morgan accepted the reports as submitted.
D. Police Chief
1. Activity for November 2021
Chief Allen asked that the report be accepted as
submitted. Chief Alien added that one of the newest officers had
resigned, but they had another officer ready to hire and begin in the
new year. Mayor Morgan accepted the report.
X. Items for Commission Action.
A. Selection of Civil Engineering Consultants-RFQ 21-02
1. Recommendation from The Selection Committee
Assistant Town Attorney Nazzaro stated there was a
consensus among the Selection Committee, which consisted of himself, CFO
Tew and Maintenance Supervisor, Anthony Beltran, to recommend Baxter and
Woodman based on the quality of its experience and past performances,
including relevant project experiences, experience and ability of
personnel, and its workload and scheduling.
Commissioner Orthwein made a motion to approve the recommendation
of Baxter & Woodman as Civil Engineering Consultants. Commissioner
Lyons seconded the motion with all voting AYE at roll call.
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Minutes of Town Commission
Regular Meeting December 10, 2021 @ 9:00 A.M.
B. RESOLUTION NO. 21-14; A RESOLUTION OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA. VACATING
AND ABANDONING THE GENERAL UTILITY EASEMENT WITHIN THE
NORTHERN 12 FEET OF LOT 93, AS IT WAS ORIGINALLY PLATTED IN
THE PLAT OF PLACE AU SOLEIL, AS RECORDED IN PLAT BOOK 27 PAGE
69, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND AS MORE
PARTICULARLY DESCRIBED HEREIN; AND FOR OTHER PURPOSES.
(Presented for adoption 12-10-21)
Vice Mayor Stanley recused himself from the vote due to a
conflict of interest as he assisted the applicant. Commissioner White
made a motion to adopt Resolution No. 21-14. Commissioner Orthwein
seconded the motion with all voting AYE at roll call.
C. Items by Mayor & Commissioners
Town Manager Dunham thanked the ladies on staff for
decorating Town Hall and Chambers.
Town Manager Dunham stated that Deputy Clerk Basel would be
serving as the Vice President of the Palm Beach County Municipal Clerks
Association for 2021-22. The Commissioners congratulated Mrs. Basel,
and Mayor Morgan stated he was glad she was getting involved.
XI. Adjournment.
Mayor Morgan adjourned the meeting at 11:03 A.M.
Renee easel
Deputy -
8
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf Stream, Gulf
Stream, Florida, at a Regular Meeting to be held on Friday, December 10, 2021, beginning at 9:00
a.m., in the William F. Koch, Jr. Commission Chambers of the Town Hall, 100 Sea Road, Gulf
Stream, Florida, will have on the agenda the following:
PETITION FOR THE ABANDONMENT OF A GENERAL UTILITY EASEMENT IN GULF
STREAM, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE GENERAL UTILITY EASEMENT AS LOCATED ON THE NORTHERN 12 FEET OF
LOT 93, AS IT WAS ORIGINALLY PLATTED IN THE PLAT OF PLACE AU SOLEIL,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 27 PAGE 69, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
THIS APPLICATION FOR ABANDONMENT HAS BEEN FILED BY:
Chester C. Snavely, Jr. and Therese Paget Snavely, 965 Orchid Lane, Gulf Stream, Florida 33483.
The complete application materials are on file in the Office of the Town Clerk's Office, located at
Town Hall, 100 Sea Road, Gulf Stream, Florida 33483. The application packet may be examined
at Town Hall Monday through Friday, excluding holidays, between the hours of 9:00 a.m. to 4:00
p.m.
ALL PARTIES INTERESTED IN THIS MATTER may appear before the Town Commission of
the Town of Gulf Stream at the time and place aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
PUBLIC HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND
FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS BEING BASED, 286.0105 F.S.S.
Rita L. Taylor
Town Clerk
Town of Gulf Stream