HomeMy Public PortalAbout04 28 2022 Regular 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 28, 2022, 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
Vice Chairman Murphy called the meeting to order at 8:30 A.M.
II. ROLL CALL
A. Swearing in of Robert Canfield as a member of the ARPB from
alternate member.
Deputy Town Clerk Basel swore in Mr. Robert Canfield as a regular
member of the ARPB for a three-year term.
B. Annual organization of ARPB
1. Appointment of Chairman
Board Member Roach made a motion to elect Vice Chairman
Murphy to the position of Chairman of the ARPB. Board Member Smith
seconded the motion with all voting AYE at roll call.
2. Appointment of Vice Chairman
Board Member Roach made a motion to elect Robert Dockerty
to the position of Vice Chairman of the ARPB. Board Member Smith
seconded the motion with all voting AYE at roll call.
Present and
Participating:
Also Present &
Participating:
Malcolm Murphy
Bob Dockerty
Robert Canfield
Curtiss Roach
Jorgette Smith
Gregory Dunham
Edward Nazzaro
Rita Taylor
Renee Basel
Chairman
Vice Chairman
Board Member
Board Member
Board Member
Town Manager
Assistant Town Attorney
Town Clerk
Deputy Town Clerk
III. Minutes of the Regular Meeting and Public Hearing of 3-24-2022
Vice Chairman Dockerty made a motion to approve the minutes of
the March 24, 2022. 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 26, 2022, at 8:30 A.M.
b. June 23, 2022, at 8:30 A.M.
C. July 28, 2022, at 8:30 A.M.
d. September 22, 2022, at 8:30 A.M.
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e. October 27, 2022, at 8:30 A.M.
Chairman Murphy called attention to the upcoming
meeting dates. Board Members Roach and Smith noted they would not be
available for the May 26, 2022, meeting. Chairman Murphy stated he
might not be available for the June meeting.
VI. PUBLIC HEARING.
A. Declaration of Ex-Parte Communication
Board Members Canfield and Smith noted they had spoken with
P.K. Murphy regarding the Lewis property at 530 Old School Road.
B. Administer Oaths
Deputy Town Clerk Basel swore in Ryan Swilley, Patricia
Murphy, Cary Glickstein, Paul Courchene, Carlos Linares, Kirsten
Schultz, and Louie Vlahos.
C. Applications for Development Approval
1. An application submitted by Ryan Swilley, as Agent for the
Gulf Stream Golf Club, the owner of property located at
346 Golfview Drive, Gulf Stream, Florida, legally
described as Government Lot 3 (less northerly 1415.27 ft.
Lying east of Ocean Blvd.) & 4-46-43, east 1/ of southeast
1/ lying east of Intracoastal Waterway, A/K/A the Gulf
Stream Golf Course.
a. Special Exception to permit a Reverse Osmosis Water
Plant in Outdoor Recreation District.
b. Demolition Permit to demolish an existing
maintenance/storage building to enable construction of
RO Water Plant and Water Storage Tank.
c. Land Clearing Permit to clear existing vegetation from
the building site.
d. Level 3 Architectural/Site Plan Review to permit a
small relocation of a previously approved Reverse
Osmosis Water Plant in the maintenance area of the
Gulf Stream Golf Club golf course to supply
irrigation for the golf course.
Mr. Ryan Swilley explained they were back before the
Board after finding out soil conditions were less than ideal, so they
are having to relocate the storage tank, which has decreased in size
since they presented it the first time, more to the east. Mr. Swilley
gave a PowerPoint presentation showing the new location and spoke of
vegetation that would screen the entire maintenance facility and tank.
Vice Chairman Dockerty asked about the metal roof and added the Town
doesn't allow metal roofs. Town Manager asked if the existing building
had a metal roof to which Mr. Swilley answered in the affirmative.
Assistant Town Attorney Nazzaro state there was no prohibition to metal
roofs in the Outdoor Recreational District. Chairman Murphy asked if
there were any comments from neighbors to which Deputy Town Clerk Basel
answered there were none. Chairman Murphy asked if they could have a
landscape plan available for the Commission Meeting to which Mr. Swilley
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Minutes of ARPB Meeting & Public Hearing
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stated they would have that prepared. Board Member Roach wanted to make
sure the tank would be screened from Golfview to which Mr. Swilley
agreed and stated they were working on that with layering the
vegetation. Vice Chairman Dockerty asked what the tank was going to
made of to which Mr. Swilley answered that it would be concrete and
painted dark green like all buildings.
Board Member Roach made a motion to recommend approval of a
Demolition Permit to demolish an existing maintenance/storage building
to enable the construction of a new Reverse Osmosis Water Plant and
Water Storage Tank. Board Member Smith seconded the motion with all
voting AYE at roll call.
Board Member Roach made a motion to recommend approval of a
Special Exception to permit a Reverse Osmosis Water plant and Water
Storage Tank in the Outdoor Recreational District. Board Member Smith
seconded the motion with all voting AYE at roll call.
Board Member Roach made a motion to recommend approval of a Level
III Architectural/Site Plan Review to permit the addition of a Reverse
Osmosis Water Plant and Water Storage Tank in the maintenance area of
the Gulf Stream Golf Club Golf Course to supply irrigation for the golf
course. He added a motion that landscaping would be provided to block
the plant and tank to the best of their ability. Board Member Smith
seconded the motion with all voting AYE at roll call.
2. An application submitted by Mark Julian Homes as Agent
for Alex and Francesca Lewis, owners of property
located at 530 Old School Road, Gulf Stream, Florida
33483, legally described as Lot 8, Block 3, Plat No. 1
Polo Fields for the following:
a. Level 2 Architectural/Site Plan Review to permit an
elevated 120 sq. ft. firepit, an accessory structure
surrounded by landscape on all sides.
Mr. Louie Vlahos, Landscape Architect, explained that
the firepit was initially four feet above ground but was now only two
feet above ground with a decorative railing around it for seating. He
stated that the only thing that would be seen would be approximately 12"
of the decorative rail. Mr. Vlahos stated they had added a four -foot
hedge and felt that the firepit would be fully screened. Board Member
Smith stated she had taken pictures and thought it was very imposing
from the other side of the water. She then asked why it had to be
raised to which Ms. Kirsten Schultz answered that it was a design
feature and wanted to point out that it was a fire table and not a fire
pit with a raised sitting area. Vice Chairman Dockerty pointed out that
the original application didn't have the raised firepit and that it was
revised and built without permission. Ms. Schultz explained that
another employee, who was no longer with the company, had done this and
she apologized for the mistake. Board Member Roach pointed out the Marc
had done this in the past with other applications. Chairman Murphy
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stated there had been four formal complaints given to the Town objecting
to the firepit.
Vice Chairman Dockerty made a motion to deny a Level II
Architectural/Site Plan to permit an elevated 120 sq. ft. firepit, an
accessory structure, surrounded by landscape on all sides. Board Member
Smith seconded the motion with all voting AYE at roll call.
3. An application submitted by Bluewater Cove -Gulf Stream
LLC, owner of the property located at Bluewater Cove and
Avenue au Soleil in the Town of Gulf Stream, legally
described as 4-46-43, S 274 ft. of SE 1/ of NE 1/ lying W of
& adj. to FIND Cnl F/K/A S 274 ft. of MSA 640-A in DB 601
Pg 335 + F/K as 274 ft. of MSA 640-A DB636 P 497.
a. Variance to add a 5' wide x 20'long timber dock at the
east end of Bluewater Cove which will extend 5 ft.
over the FIND Canal.
b. Level 3 Architectural/Site Plan Review to permit the
construction of a Community Walkway and waterfront
Platform lying between and contiguous to Lots 7 and 8
which shall be maintained, repaired, replaced,
insured, administered, and regulated by the
association in all respects.
Mr. Cary Glickstein stated he didn't have any
presentation materials. Mr. Glickstein was asking for a variance
request for a platform dock that they envisioned as an amenity for the
subdivision between the two waterfront lots. He stated that between
those two lots there was a 20 ft. platted easement that had been
approved by the Town and was recorded. He added that the plan showed a
sidewalk that connected to the public right-of-way, with the sidewalk
continuing to a wider area which would sit adjacent to what was proposed
in the variance request, which he stated was a unique request. He
stated it would be an opportunity for the 12 interior lots to be able to
walk down to the Intracoastal, sit on the dock, fish, watch a sunrise,
etc.
Chairman Murphy questioned the fact that public would be able to
access the dock since Place au Soleil is not gated. Mr. Glickstein
stated there would be a gate at the sidewalk which would need a key to
enter. Board Member Smith asked if this meant the remaining residents
of Place au Soleil wouldn't have access to this dock to which Mr.
Glickstein answered in the affirmative. Chairman Murphy stated that
when this application first came before them the Board made sure that
the new development would be an integral part of Place au Soleil, but
now it seemed that this dock would be exclusive to only the residents of
Bluewater Cove to which Mr. Glickstein answered that was correct. Board
Member Roach stated he didn't think this request met the criteria for a
variance. Mr. Glickstein disagreed and stated he would be happy to go
through the criteria to which Mr. Roach answered that he would like for
him to do that. Mr. Glickstein stated he thought that the explanation
given in the application sufficed, but he would go through it with them
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in detail if they wanted. Board Member Roach felt like a Pandora's box
was being opened that would have ramifications throughout the community.
Board Member Smith stated she had an issue with the second criteria
because she felt the circumstances resulted from the actions of the
applicant. Mr. Glickstein didn't feel the way the question was asked
was consistent with the body of law regarding variances. Chairman
Murphy asked Mr. Glickstein to expound on the community walkway and its
�- exclusiveness to Bluewater Cove residents. Mr. Glickstein stated it was
just semantics and was a platted sidewalk dedicated to the HOA.
Chairman Murphy recalled past meetings where it was stated that
Bluewater Cove would build onto the community of Place au Soleil, and he
didn't see that happening. Mr. Glickstein explained that the only thing
that would be private would be the dedicated easement with the gate
leading to the dock. Board Member Canfield stated he had a problem with
that because it was not integrating Bluewater Cove with Place au Soleil,
but it was still an us/them mentality and the Board was in agreement
that as soon as you came into the development, all of it should be Place
au Soleil. Mr. Glickstein asked if this was made into a public
sidewalk, would the Board be okay with it, realizing that there would
then be no way to keep anyone from coming into the development and using
the dock. Chairman Murphy stated that was why the Town had a great
police force and why cameras were present at the entrance of the
development. Board Member Smith asked why the residents of Place au
Soleil couldn't have a key to the gate just like Bluewater Cove
residents to which Mr. Glickstein didn't think that would work. He
added it would be creating a public amenity to the detriment of that
community. Mr. Glickstein ended by stating that nothing had changed
from the original presentation and there had always been a dock on the
drawings to which there had been no objections until now. Assistant
Town Attorney Nazzaro agreed but stated that staff knew it would
eventually need a variance and must come before the ARPB.
Board Member Roach made a motion to deny a Variance from the
provisions of Section 66-369 of the Town Code to add a 5' wide X 20'
long timber dock at the east end of Bluewater Cove which will extend
five feet over the Intracoastal Waterway. He added that numbers 1, 2,
4, 51and more of the criteria were not met, but they only needed one.
Board Member Smith seconded the motion with all voting AYE at roll call.
Vice Chairman Dockerty made a motion to deny a Level III
Architectural/Site Plan Review to permit the construction of a Community
Walkway and Waterfront Platform lying between and contiguous to Lots 7
and 8, which shall be maintained, repaired, replaced, insured,
administered, and regulated by the association in all respects. Board
Member Smith seconded the motion with all voting AYE at roll call.
4. An application submitted by Bluewater Cove -Gulf Stream
LLC, owner of property located at 2923 Bluewater Cove,
Gulf Stream, Florida legally described as that portion
of the southeast quarter (S.E. 1/) of the northeast
quarter (N.E. 1/) of Section 4, Township 46 South, Range 43
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East, Palm Beach County, Florida. Beginning at the
southwest corner of the southeast quarter (S.E. 1/) of
the northeast quarter (N.E. 1/,) of said Section 4; thence
N.20 05125" W., along the west line of the southeast
quarter (N.E. 1/) of said section 4, a distance of 274.07
feet to a point on a line 274.00 north of and parallel to
the south line of southeast quarter (S.E. 1/) of the
northeast quarter (NE. 1/) of said section 4: thence N.890
14'58" E., along said parallel line a distance of 692.60
feet to a point on the west right of way of the
Intracoastal Waterway as shown on plat book 17, page 14-A,
Public Records of Palm Beach County, Florida: thence S.
11010'38" W., along said west right of way line, a
distance of 280.05 feet to a point on the south line of
the southeast quarter (S.E. 1/) of the northeast quarter
(N.E. 1/,) of said section 4; thence S. 89014'58" W., along
said south line, a distance of 628.32 feet to the point of
beginning.
a. Variance to add a 5' wide x 91.5' long wooden dock
which will extend 5' over the FIND Canal on the east
side of this vacant property.
b. Level 3 Architectural/Site Plan Review to permit the
construction of a 5' wide x 51.5' wooden dock that
will extend 5' over the FIND Canal at 2923 Bluewater
Cove, which, at this time, is a vacant lot.
Assistant Town Attorney stated that this would
normally be processed as a Level I Application, but it needed to come
before the ARPB and Commission because the Town Code prohibited docks on
vacant lots and although there would eventually be a home on the lot,
there wasn't one at the present time. Mr. Glickstein explained that
they were trying to save time, money, noise, and mobilization issues to
be able to construct the dock at the same time the bulkhead was being
built. Board Member Roach stated he didn't think the docks should be
built until the house was built and felt that the criteria were not
being met for a variance and opening a Pandora's box. Mr. Glickstein
didn't think this was a special privilege, but Board Members Roach and
Smith disagreed. Board Member Smith stated that although she thought it
was a special privilege, she was okay with it because of the extenuating
circumstances of it saving time, money, and noise issues.
Board Member Canfield made a motion to recommend approval of a
Variance from the provisions of Section 66-369 of the Town Code to add a
5' wide X 91.5' long wooden dock which will extend five feet over the
Intracoastal Waterway on the east side of a vacant property. Board
Member Smith seconded the motion with Chairman Murphy and Vice Chairman
Dockerty voting AYE and Board Member Roach voting NAY at roll call.
Board Member Canfield made a motion to recommend approval of a Level
III Architectural/Site Plan Review to permit the construction of a 5'
wide X 91.5' long wooden dock that will extend five feet over the
C.
Minutes of ARPB Meeting & Public Hearing
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Intracoastal Waterway at 2923 Bluewater Cove. Board Member Smith
seconded the motion with Chairman Murphy and Vice Chairman Dockerty
voting AYE and Board Member Roach voting NAY at roll call.
5. An application submitted by Bluewater Cove -Gulf Stream
LLC, owner of property located at 2924 Bluewater Cove,
Gulf Stream, Florida legally described as that portion of
the southeast quarter (S.E. 1/) of the northeast quarter
(N.E. 1/4) of Section 4, Township 46 South, Range 43 East,
Palm Beach County, Florida described as follows:
Beginning at the southwest corner of the southeast quarter
(S.E. 1/4) of the northeast quarter (N.E. V44) of said
section 4; thence N.200512511W., along the west line of the
southeast quarter (S.E. 1/4) of the northeast quarter (N.E.
V44)of said Section 4, a distance of 274.07 feet to a point
on a line 274.00 north of and parallel to the south line
of southeast quarter (S.E. 1/4) of the northeast quarter
(N.E. 1/4) of said Section 4; thence N.89014158"E., along
said parallel line a distance of 692.60 feet to a point on
the west right of way of the Intracoastal Waterway as show
on Plat Book 17, page 14-A, Public Records of Palm Beach
County, Florida, thence S. 11°10'38"W., along said west
right of way line, a distance of 280.5 feet to a point on
the south line of the southeast quarter (S.E. V44) of the
northeast quarter (N.E. 1/4) of said Section 4, thence S.
89014158" W., along said south line, a distance of 628.32
feet to the point of beginning.
a. Variance to add a 51x91.5' wooden dock on east side of
this vacant property
b. Level 3 Architectural/Site Plan Review to construct a
5'x 91.5' wooden deck that extends 5' over the Canal
on the east side of this vacant property.
Board Member Canfield made a motion to recommend
approval of a Variance from the provisions of Section 66-369 of the Town
Code to add a 5' wide X 91.5' long wooden dock which will extend five
feet over the Intracoastal Waterway on the east side of a vacant
property. Board Member Smith seconded the motion with Chairman Murphy
and Vice Chairman Dockerty voting AYE and Board Member Roach voting NAY
at roll call.
Board Member Canfield made a motion to recommend approval of a Level
III Architectural/Site Plan Review to permit the construction of a 5'
wide X 91.5' long wooden dock that will extend five feet over the
Intracoastal Waterway at 2924 Bluewater Cove. Board Member Smith
seconded the motion with Chairman Murphy and Vice Chairman Dockerty
voting AYE and Board Member Roach voting NAY at roll call.
6. An amended, delinquent application originally submitted by
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Minutes of ARPB Meeting & Public Hearing
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Tarra Eidelson, Agent for the property located at 920
Indigo Point, Gulfstream, Florida, legally described as
Lot 67 Place au Soleil.
a. Level 2 Architectural/Site Plan Review showing a
Gulf Stream Bermuda style with shutters on all four
sides, and a revised entry feature not to exceed 14'
in height.
Mr. Carlos Linares, Architect with Randall Stofft
Architects, stated that his client had hired them to take over and work
with the Town on completing her project. He added they were not ready
to present but were requesting an extension until the next meeting to
hopefully be approved and they would make sure to meet all the criteria
requested by the Town. Chairman Murphy stated they had made a
concession on the coins, but wanted to make sure that the style was
going to be Gulf Stream Bermuda to which Mr. Linares agreed. Town
Manager Dunham reminded Mrs. Eidelson that nothing was to be done on the
outside of the house until approved by the ARPB.
VII. Items by Staff
There were none.
VIII. Items by Board Members
There were none.
IX. Public
There was none.
X. Adjournment
Chairman Murphy adjourned the meeting at 10:02 A.M.
Renee B-dse�
Deputy Town Clerk