HomeMy Public PortalAbout02 11 2022 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN
COMMISSION, OF THE TOWN OF GULF STREAM, ON FEBRUARY 11, 2022, 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.
III. Roll Call
Present and
Participating: Scott W. Morgan Mayor
Thomas W. Stanley Vice Mayor
Paul A. Lyons Commissioner
Joan K. Orthwein Commissioner
Donna White Commissioner
Also Present &
Participating:
IV. Minutes
Gregory Dunham
Edward Nazzaro
Edward Allen
Rita Taylor
Town Manager
Asst. Town Attorney
Chief of Police
Town Clerk
A. Regular Meeting of January 14, 2022
Vice Mayor Stanley made a motion to approve the minutes of
the regular meeting on January 14, 2022. Commissioner Orthwein seconded
the motion with all voting AYE at roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Town Manager stated that he would be removing 5.Review of Special
Exceptions from his Manager's Report.
VI. Announcements.
A. Meeting Dates
1. Regular Meetings and Public Hearings
a. March 11, 2022, at 9:00 A.M.
b. April 8, 2022, at 9:00 A.M.
c. May 13, 2022, at 9:00 A.M.
d. June 10, 2022, at 9:00 A.M.
e. July 8, 2022, at 9:00 A.M.
f. August 12, 2022, at 9:00 A.M.
Mayor Morgan called attention to the upcoming dates.
VII. Communication from the Public (3 min. maximum)
There was none.
VIII. PUBLIC HEARING.
Minutes of Town Commission
Regular Meeting February 11, 2022 @ 9:00 A.M.
A. Declaration of Ex-Parte Communication
Vice Mayor Stanley stated he had spoken to the applicant.
Mayor Morgan stated he had also spoken to the applicant who called him
after the December meeting, and he had also received a text.
Commissioner Orthwein stated she had spoken to the applicant.
B. Administer Oaths
Town Clerk Taylor swore in Mr. J.R. Davis, Mr. Bill Boardman,
Mr. Benjamin Schreier and Mr. Jeff Peterson.
C. Application 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.
DEMOLITION PERMIT to remove existing structures on the
property, with the exception of the existing entry
wall pier feature at the entrance.
SPECIAL EXCEPTION to reduce the rear setback from
501to 35' as per Section 70-75 (j), Rear Setbacks for
waterfront lots in the Core District.
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.
a. Recommendation from the Architectural Review and
Planning Board.
Town Manager Dunham pointed out the corrected
calculations for pervious and impervious calculations that now meet the
Town Code.
Mr. Schreier, Architect, stated that at the behest of the
Commission, they went back before the ARPB with modifications and
proceeded to go through those in a detailed Power Point presentation.
Mr. Davis interrupted and asked to speak before Mr. Schreier made
his presentation. He started by saying that they had been busy
contacting neighbors and the Commissioners seeking any feedback. He
added that the direct Cove neighbors, as well as other Core neighbors,
had spoken their overwhelming support through letters that had resulted
in a unanimous vote of approval from the ARPB. He added their home met
the criteria in the Code for the special exception that was for
waterfront new construction and that the new construction would be
further back than the existing home. Mr. Davis stated this was a large
and unusual lot and the largest Core point lot in the neighborhood
worthy of a proportionate home, and this was not going to be a spec
home, but a home for his large family to enjoy year-round. He added
that the lot was also home to two significant Banyan trees that protrude
over 40 ft. into the lot and must be planned around. Mr. Davis stated
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Minutes of Town Commission
Regular Meeting February 11, 2022 @ 9:00 A.M.
that the direct Cove neighbors North, East and South had expressed their
overwhelming support and that should speak volumes.
Mr. Schreier continued the Power Point presentation pointing out
other significant point lots in the neighborhood with four of them
having greater square footage than the applicant and four houses that
had less square footage, yet the applicant had the largest lot. He
stated the overall height of the house had been reduced by two feet
making the house lower than most of the houses on point lots. Mr.
Schreier went through the four items needed for the special exception to
be granted and he stated how they met each item. He stated that the
reduced rear setback was needed to protect the two existing Banyan trees
that they wanted to keep. Mayor Morgan stated that the Town protects
trees to which Mr. Schreier stated the trees where on the Davis
property. Mayor Morgan stated that didn't matter because the Town would
not allow the trees to be removed, particularly trees of that size and
nature. He added that it was the size of the house that was
necessitating the rear setback exception and wanted to know why it was
necessary to ensure adequate building area. Mayor Morgan added they
would have to apply to the Town to remove the trees if the house was
going to be moved forward towards the street. Mr. Schreier stated that
the canopies and root balls of the trees extended over 50 feet into the
property, and in order to have proper arrival into the home with a nice
motor court, resulted in pushing that wing of the house farther to the
south. Mr. Schreier proceeded to show elevations from every direction
with the landscaping. He then showed the reduction in the roof slope,
chimneys, and massing of the home. Commissioner Orthwein asked if the
reduction of those things affected the architectural style of the home
to which Mr. Schreier answered that they would not have brought it back
before the commission if it wasn't still consistent with the
architectural style.
Mayor Morgan stated that he appreciated the reduction in the
pitch, and it made a difference in the appearance of certain viewpoints
of the house, and he also appreciated the letters that Mr. Davis had
collected from the neighbors. With that said, Mayor Morgan gave a
timeline of the Commission giving direction to the applicant in December
of 2021 telling them the special exception was inappropriate for the
house, the square footage was too large which led to a massing effect.
He then asked Mr. Schreier if there was any misunderstanding on these
directives. Mr. Schreier answered that his understanding was that they
needed to come back and explain why they needed the special exception to
which Mayor Morgan disagreed and stated the opportunity to explain the
reasoning was at the December meeting. Mayor Morgan added that after
the December meeting, the applicant met with Town staff to review and
get direction on the application process, and at that meeting, Assistant
Town Attorney Nazzaro told the applicant that to proceed, they should
eliminate the special exception and reduce the square footage of the
building in addition to improving the landscaping on the east side. Mr.
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Minutes of Town Commission
Regular Meeting February 11, 2022 @ 9:00 A.M.
Schreier answered that his understanding of that Town meeting was that
they focused in on specifically being able to address the four items of
the special exception as well as mass, and not so much square footage.
Mr. Schreier brought up the purchase of the easement and stated
that when the Davis' purchased that bit of property, the Commission told
him that they didn't want to take any of the rights away from the amount
of house that could be built and there were no conditions put on the
sale of that property. He then stated that in combination with the
unique lot of water on three sides, the Banyan trees and the opportunity
for the design is why they were asking for the special exception.
Mayor Morgan read from the Code regarding the special exception
and stated that the special exception required that setback change be
necessary for an adequate building area and added that they had plenty
of building area. Mayor Morgan stated they could relocate the house;
they could make the house smaller and there wouldn't be any issue with
the Banyan trees and the Banyan trees are something the Town would
protect. He also thought there were differences in recollection of the
meeting they had with the staff. Mayor Morgan stated that when the
applicant came back to the ARPB meeting, they had not changed the
setback, the square footage or the massing of the house and wanted to
know why. Mr. Schreier stated they had changed the massing and Mayor
Morgan corrected him and stated the changes were not made until Chairman
Smith allowed them to have a special meeting. Mr. Schreier stated they
were directed to address the problems with landscaping and then the ARPB
asked them to make changes regarding massing. Mayor Morgan then
questioned if Mr. Schreier had misunderstood the directives of the
Commission in the December meeting to understand that all they wanted
the applicant to do was change the landscaping. After fumbling for
something to say, Mr. Schreier stated that after conferring with his
client that was the course they chose to take.
Commissioner Lyons stated that upon reflection of the statement
he had made at the December meeting, he believed his remark to be
careless. He added that he thought the changes that the applicant had
made, even without changing the square footage, the appearance of the
house was not as large and massive as it had been. Commissioner Lyons
stated that after reading the Code and listening to the ARPB meeting and
the board members feedback, he thought the layout of the house was
practical and the square footage of the house was adequate for that size
lot, and he was okay with the special exception.
Commissioner white stated that with the changes and the massing
being reduced, she thought it was a more attractive house. She added
that prior to the reductions made, she thought the house had a lofty
feel that was not true to the character of the Core District.
Commissioner Orthwein asked to see the visual similarities of
other point houses again, to which Mr. Schreier showed the Commission
the four lots that were larger in square footage than the Davis house
and four that were smaller. She then said that she still didn't like
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Minutes of Town Commission
Regular Meeting February 11, 2022 @ 9:00 A.M.
the special exception but if it were between the Banyan trees and the
special exception, she would pick the Banyan trees, but didn't think
they had to choose.
More discussion was had among the Commission regarding the
character of the Core District and house sizes relevant to the lot
sizes. Commissioner Orthwein stated she believed in the ARPB, it's
standards, and the Code that has been working for 35 years now. She
added that she didn't see the Davis home as being an eyesore or
offensive.
Vice Mayor Stanley stated his opinion on the house size, roof
pitch and added he wasn't that happy with the special exception either
but with the neighbors weighing in, two ARPB meetings, staff spending
numerous hours on this, he felt they were now down to the finer points.
Mayor Morgan and Commissioner Lyons stated this had been one of
the most difficult applications in their tenure on the boards. Mayor
Morgan stated he could not justify the special exception and he was
bothered that after the December meeting, when they didn't reject the
application and could have, they sent it back to the ARPB with
consensual guidance and yet it was brought back to the ARPB exactly the
same as the first submission. Mayor Morgan stated that the special
exception should have been removed, that removing a few square feet from
each room would have provided a gorgeous home and never noticed the
difference, but it would have satisfied the neighborhood district
characterization the Town is trying to achieve. He added that they had
a responsibility to preserve the neighborhood characteristic as defined
in the Code of property and living values.
Mr. Davis stated that there may have been some confusion
regarding the special exception and new construction. He added that
what they understood in all the meetings with the staff was that there
were four prongs to meet in a special exception for new construction on
the waterfront and to clarify why they were asking for the special
exception. Mr. Davis then spoke to the purchase of the easement, which
added an additional 500 square feet to the property. He admitted that
at the time of the purchase they were not intending to build a new home,
but if that did happen, they would be able to center the home on the
lot. Mr. Davis stated the Town had charged them the full rate with full
allowances provided. He reiterated that the new construction would be
five feet further back than the existing structure and that they met the
four criteria for the special exception, thus, he added, addressing the
Mayor's question of why they hadn't changed anything when bringing the
application back to the ARPB.
Commissioner Orthwein wanted to make sure the changes didn't
affect the architectural style and Mr. Schreier walked the Commission
through the process with the mathematics. She then asked Assistant Town
Attorney Nazzaro if they had met the four criteria to which he stated
that was for the Commission to decide.
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Minutes of Town Commission
Regular Meeting February 11, 2022 @ 9:00 A.M.
Mr. Bill Boardman, Town resident, stated he had appeared at the
ARPB meeting and wanted to speak on behalf of himself and the Civic
Association. He stated that when he first looked at the new plans, he
didn't see any noticeable difference and did not take the new plans back
to the Board of the Civic Association because he didn't think the
changes were worth calling a meeting, so he couldn't speak for them, but
his overall reaction was not positive. He added that the elevations
given to the neighbors were misleading and were shown with landscaping
and not of the structure by itself. Mayor Morgan asked if that was true
to which Mr. Davis answered they were given all elevations from every
direction with landscaping. Mr. Boardman added they were not given the
non -landscaped structure and the Code deals with structures, not
structures that were landscaped. He stated that the Town shouldn't be
allowing non -complying structures covered by landscaping. Mr. Boardman
felt like through all the many meetings that something worthwhile had
happened and going forward non -numeric aspects of structures would be
addressed and considered. He was pleased to see the recognition of this
issue and urged the Commission to continue moving forward.
Mr. Davis stated that the elevations that had been provided to
the neighbors were given in good faith and they were what was going to
be seen by the neighbors. He added that the neighbors didn't care about
the Code and structures but that they cared about what they were going
to see. Mr. Davis referenced the overwhelming support from the
neighbors to the direct north, south and east. He again stated that
this was a compliant home by every rule and regulation, not covering it
up with landscaping, but by the rules set before them.
Vice Mayor Stanley made a motion to approve a demolition permit
to remove existing structures on the property, except for the existing
entry wall pier feature at the entrance. Commissioner Orthwein seconded
the motion with all voting AYE at roll call.
Vice Mayor Stanley made a motion to approve a 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. Commissioner Lyons
seconded the motion with Vice Mayor Stanley, Commissioner Lyons,
Commissioner Orthwein and Commissioner White voting AYE and Mayor Morgan
voting NAY.
Vice Mayor Stanley made a motion to approve a Level III
Architectural/Site Plan based on a finding that the construction of an
8,699 sq. ft. Anglo Caribbean, two-story, single-family dwelling with a
2.5 car garage and swimming pool meets the minimum intent of the Design
Manual and appliable review standards with the following condition:
1. Any minor modifications to the approved landscaping shall be
submitted to the Town Manager for review and approval and any
major modifications shall be brought back to the ARPB for
review and approval, prior to commencement of landscaping.
N.
Minutes of Town Commission
Regular Meeting February 11, 2022 @ 9:00 A.M.
Commissioner Orthwein seconded the motion with Vice Mayor Stanley,
Commissioner Lyons, Commissioner Orthwein and Commissioner White voting
AYE and Mayor Morgan voting NAY.
D. Ordinances
1. No. 22/1; AN ORDINANCE OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 66,
ZONING; ARTICLE V. SITE PLANS; DIVISION 2,
ARCHITECTURAL/SITE PLAN REVIEW -LEVELS 1,2 AND 3;
SECTION 66-141 APPLICABILITY, TO REQUIRE APPLICATIONS
WITHIN THE 50-FOOT NORTH OCEAN BOULEVARD OVERLAY
DISTRICT AND PROJECTS THAT MAKE CERTAIN CHANGES WHICH
ARE SIGNIFICANTLY DIFFERENT TO RECEIVE LEVEL 2
ARCHITECTURAL/SITE PLAN REVIEW; PROVIDING FOR REPEAL
OF ORDINANACES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES. (First Reading)
Town Clerk Taylor read the first reading of the
ordinance providing an effective date of February 11, 2022.
Commissioner Orthwein made a motion to approve Ordinance No. 22/1 upon
first reading. Commissioner White seconded the motion with all voting
AYE at roll call.
2. NO. 22/2; AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANACES AT CHAPTER 66,
ZONING; ARTICLE V, SITE PLANS; DIVISION 2
ARCHITECTURAL/SITE PLAN REVIEW -LEVELS 1, 2 AND 3;
SECTION 66-144 STANDARDS, TO INCLUDE STANDARDS FOR
LEVEL 2 AND 3 ARCHITECTURAL/SITE PLAN REVIEW WHICH
PROHIBIT EXCESSIVELY DISSIMILAR STRUCTURES;PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANACES
IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.(First Reading)
Assistant Town Attorney Nazzaro explained the
ordinance related to dissimilar structures are going for approval. He
added that it addressed certain criteria that could not be too
dissimilar to homes within a 250 ft. radius and included height of
building, height of roof and other architectural compatibility features.
Mr. Nazzaro stated it had been taken from the Town of Palm Beach. He
added this would help to maintain the character of the Town. Mayor
Morgan agreed that this would give discretion to the ARPB and
Commission. Discussion was had regarding dissimilarities, similarities,
and privacy rights of neighbors and how these things were all baby steps
in giving guidance to staff and boards.
Town Clerk Taylor read the first reading of the ordinance providing
an effective date of February 11, 2022. Commissioner Orthwein made a
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Minutes of Town Commission
Regular Meeting February 11, 2022 @ 9:00 A.M.
motion to approve Ordinance No. 22/2 upon first reading. Commissioner
White seconded the motion with all voting AYE at roll call.
IX. Reports.
A. Town Manager
1. Utility Undergrounding
Town Manager Dunham stated that all individual cutovers
had been completed by Comcast. On February 23, 2022, he stated they
would be performing a scheduled maintenance of plant while they convert
everything above ground to underground on AlA from Golfview Dr. up to
Little Club Road. Once this is finished, they will complete the
wrecking on AlA, which is all that is left. Mr. Dunham added he was
staying in touch with FP&L so that once Comcast was complete, FP&L could
begin. Mayor Morgan asked if the markings on the ground were from this
project to which Mr. Dunham answered that those markings were from
Baxter and Woodman beginning work on the CIP plan.
2. Update on Gas -Powered Leaf Blowers
Town Manager Dunham stated that staff had contacted all
lawn maintenance companies who work in Gulf Stream and none of them had
admitted to having to use battery -powered blowers in other towns and
cities. He added that our neighboring cities did not require battery -
powered blowers, but that Ocean Ridge stated they did try to enforce the
noise with decibel readings. Mr. Dunham did not recommend Gulf Stream
do that. Commissioner White stated that the Place au Soleil HOA Board
were strongly opposed to switching stating that the landscapers used
other gas -powered tools. Town Manager Dunham stated that whereas Place
au Soleil was strongly opposed, the Core District was heavily in favor
of making the switch and he believed that the research had now been
complete. Mayor Morgan stated a decision needed to be made to which
Commissioner White asked if the decision could be different for each
district. Commissioner Orthwein was concerned on how it would be
enforced and didn't want neighbors turning against neighbors or
maintenance companies ratting each other out and thought that was a
negative approach. The consensus was to make it for the entire town and
not just certain districts. Mr. Anthony Beltran, Maintenance
Supervisor, stated that he had spoken to Bob at Delray Gardens and Bob
had told him if Gulf Stream decided to draft an ordinance allowing only
electric/battery-powered leaf blowers that he would have to drop his
Gulf Stream customers because of the expense. Mr. Beltran added that
one blower was approximately $1,000.00 and the batteries only ran two
hours at a time and the cost of the batteries were between $200.00 and
$400.00. Mayor Morgan and Commissioner Orthwein suggested that other
neighboring towns needed to join with Gulf Stream if they were seriously
considering switching. Commissioner Lyons and Vice Mayor Stanley agreed
they should table this for now and everyone was in agreement.
Minutes of Town Commission
Regular Meeting February 11, 2022 @ 9:00 A.M.
3. Year Around Saturday Work Restrictions
Town Manager Dunham explained that the Town Code did not
allow landscape maintenance to work on Saturdays during the season. He
stated that a question had been raised if the Commission would allow
landscape maintenance to work on Saturdays year-round. Mr. Tom Smith,
Town resident and Chairman of the ARPB, stated that for heavy removal of
debris, or extensive projects, sometimes Saturday was the only day the
lawn maintenance companies could fit that type of work into their
schedules. Commissioner Lyons wanted to know what brought this up to
which Assistant Town Attorney Nazzaro stated that periodically the
Commission would look at the prevalence of year-round residents and
whether to extend the season, get rid of the season, etc. He added that
this was an initial conversation as to what that would look like. After
discussion, it was the consensus of the Commission to leave the Code as
is.
4. Vegetative Debris Regulations
Town Manager Dunham stated that there were really no
regulations at this time, but added there was a regulation that was not
codified that allowed residents to put out vegetation and leave it out
for an entire week. He did not think that was the goal of the town but
instead to codify the prohibition of putting vegetative material out
anytime other than 24 hours before the Town's pick-up day/bulk day. Mr.
Dunham also wanted to add that lawn maintenance companies or individuals
hired independently needed to take any cuttings and vegetative debris
with them on the day they have been cut. Vice Mayor Stanley stated that
they leave their cuttings behind one of their hedges until it's time to
take it out on pick-up day.
Mr. Boardman asked if the Town still had back -door service, to
which Town Manager Dunham answered in the affirmative. Mr. Boardman
then suggested that Mayor Morgan reiterate that in his next letter to
the residents because they are paying for something and not taking
advantage of it. Mayor Morgan agreed.
It was a consensus of the Commission to have Assistant Town
Attorney Nazzaro draft an Ordinance before the next meeting.
5. Review of Special Exceptions
This item was withdrawn.
B. Architectural Review & Planning Board
1. Meeting Dates
a. February 24, 2022, at 8:30 A.M.
b. March 24, 2022, at 8:30 A.M.
c. April 8, 2022, at 8:300 A.M.
d. May 26, 2022, at 8:30 A.M.
e. June 23,2022, at 8:30 A.M.
f. July 28, 2022, at 8:30 A.M.
Mayor Morgan called attention to the upcoming dates.
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Minutes of Town Commission
Regular Meeting February 11, 2022 @ 9:00 A.M.
C. Finance Director
1. Financial Report for January 2022
Town Manager Dunham noted that it was 1/3 of the budget.
2. Water Usage as of January 2022
Town Manager Dunham stated there was nothing unusual about
the report.
D. Police Chief
1. Activity for January 2022
Chief Allen asked that the report be accepted as
submitted.
Mayor Morgan accepted all reports as submitted.
X. Items for Commission Action.
A. Piggyback Contract for Info-Tec Services
Assistant Town Attorney Nazzaro stated the Town was satisfied
with the services of the current IT and didn't want to go out to bid at
this time, thus the piggy -back contract.
Town Manager Dunham noted that the audio/visual project was
now complete and congratulated CFO Tew and Deputy Town Clerk Basel for a
job well done. Vice Mayor Stanley added that it was a big project and
all the Commission agreed everything looked and sounded great.
Vice Mayor Stanley made a motion to approve the Piggyback
Contract for Info -Tech Services as presented. Commissioner Orthwein
seconded the motion with all voting AYE at roll call.
B. Items by Mayor & Commissioners
There were none.
XI. Adjournment.
Mayor Morgan adjourned the meeting at 11:03 A.M.
C
Renee B
Deputy Town Clerk
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