Loading...
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. Minutes of ARPB Meeting & Public Hearing Held 4-28-2022 @ 8:30 A.M. 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 oil Minutes of ARPB Meeting & Public Hearing Held 4-28-2022 @ 8:30 A.M. 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 3 Minutes of ARPB Meeting & Public Hearing Held 4-28-2022 @ 8:30 A.M. 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 4 Minutes of ARPB Meeting & Public Hearing Held 4-28-2022 @ 8:30 A.M. 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 5 Minutes of ARPB Meeting & Public Hearing Held 4-28-2022 @ 8:30 A.M. 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 Held 4-28-2022 @ 8:30 A.M. 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 7 Minutes of ARPB Meeting & Public Hearing Held 4-28-2022 @ 8:30 A.M. 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