HomeMy Public PortalAbout11 14 2022 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN
COMMISSION, OF THE TOWN OF GULF STREAM, ON NOVEMBER 14, 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
Thomas A. Smith
Commissioner
Also Present &
Participating:
Gregory Dunham
Town Manager
Edward Nazzaro
Town Attorney
Edward Allen
Police Chief
Renee Basel
Town Clerk
IV. Minutes
A. Regular Meeting of October 14, 2022
B. Special Meeting of October 28, 2022
Commissioner Smith made a motion to accept the minutes of the
Regular Meeting of October 14, 2022, as well as the Special Meeting of
October 28, 2022. Vice Mayor Stanley seconded the motion with all
voting AYE at roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Ordinances 22/7 and 22/8 were deferred to the December 9, 2022,
meeting due to that meeting having to be moved from November 10, 2022,
because of Hurricane Nicole. These will need to be re -advertised before
the December 9, 2022, meeting. Item X. A. was deferred to the December
9, 2022, meeting and replaced with Bid Results for the fencing of back
area at Town Hall.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. December 9, 2022, at 9:00 A.M.
2. January 13, 2023, at 9:00 A.M.
3. February 10, 2023, at 9:00 A.M.
4. March 10, 2023, at 9:00 A.M.
5. April 14, 2023, at 9:00 A.M.
Mayor Morgan called attention to the upcoming dates.
VII. Communication from the Public (3 min. maximum)
There was none.
Minutes of Town Commission
Regular Meeting November 14, 2022, @ 9:00 A.M.
VIII. Public Hearing
A. Declaration of Ex-Parte Communication
Vice Mayor Stanley recused himself from voting on the 2775
Avenue au Soleil application due to a conflict of interest.
B. Administer Oaths
Town Clerk Basel swore in Nicholas Goldblatt, Richard Brummer
and Joe Pehota.
C. Applications for Development Approval
1. An application submitted by Ocean Avenue Custom Homes
LLC, as agent for Benedetto DiCicco, owner of property
located at 2775 Avenue au Soleil, Gulf Stream, Florida,
legally described as Lot 93 Place au Soleil and 4-46-43.
a. Level 3 Architectural/Site Plan Review to allow the
construction of a new 6,970 sq. ft. Colonial West
Indies single-family home with two -car garage and
swimming pool.
Mr. Nicholas Goldblatt, explained he was making the
presentation on behalf of Shane Ames, with Ames International
Architecture. He gave a re -cap of what had been discussed in the past and
noted the changes that had been made per the request of the Commission and
ARPB. He passed out color, tile, and wood samples to the Commission so
they could see exactly what was going to be done as the color rendering
was a bit off skew. Mr. Goldblatt explained they had removed the special
exception of 300 sq. ft. and although it didn't change the look of the
house from the front, it changed the look in the back. He added they
changed the column color to match the house color and were no longer doing
a tile column and the garage, front door and outlookers were now a
different color wood. Commissioner Lyons didn't like the color of the
wood and referred to a section of the Code that spoke about integrating
with the house and he thought it highlighted or emphasized the garage.
Mr. Goldblatt stated that the garage wasn't facing the front and noted the
existing hedge as you drive into Place au Soleil and explained that the
garage would not be a stand -out feature of the home. Town Manager Dunham
stated that Mr. Canfield, a member of the ARPB, lived directly across the
street and had commented in an ARPB meeting that he had no problems with
this house. Mayor Morgan stated that he liked the color of the garage
door and thought it tied in with the front door and outlookers on this
style house.
Commissioner Orthwein made a motion to approve a Level 3
Architectural/Site Plan Review to allow the construction of a new 6,970
sq. ft. Colonial West Indies single-family home with a two -car garage and
swimming pool. Commissioner Lyons seconded the motion with all voting AYE
at roll call.
2. An application submitted by Richard Brummer,
Architect for Opus Homes D & E, as Agent for Joseph
and Laura Pehota, 996 Pelican Lane, Gulf Stream,
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Minutes of Town Commission
Regular Meeting November 14, 2022, @ 9:00 A.M.
Florida, legally described as S/D OF 9-46-43 NLY
109 FT OF WLY 94.52 FT OF E 227.50 FT OF LT 25.
a. Demolition Permit to demolish existing structure.
b. Land Clearing Permit to clear existing vegetation
from the building site.
C. Special Exception under Section 70-72(b) to increase
the maximum permitted FAR by 96 square feet.
d. Level 3 Architectural/Site Plan Review to permit the
construction of a new 3,698 sq. ft. two-story
Anglo-Caribbean-style single family dwelling with
two -car garage, four bedrooms, bonus room, covered
loggia and swimming pool.
Mr. Richard Brummer, Architect, gave a recap of what
they had changed per the recommendations of both the Commission and ARPB.
He noted that the two parcels were in the process of annexation and
everything from this point was looking at one parcel. With this, he added,
it took away the need for variances. Mr. Brummer stated they had added
bandings, detailing, siding, and shutters to make it more traditional
Anglo Caribbean. He noted they had adjusted the roof pitch to a 5 and 12
from a 4 and 12. Mr. Brummer stated they had added mullions on all the
back windows and sliders in the rear and reduced the amount of glass.
Mayor Morgan asked if they had made the rear balcony a Chippendale to
match the front, which they answered in the affirmative. Mr. Joseph
Pehota stated they preferred to do all glass, like the Commission approved
on a recent application for a house in Place au Soleil, but the ARPB
highly recommended they do the Chippendale if they were seeking approval,
as the glass would be more modern and not match the Anglo Caribbean
architecture. Commissioner Lyons asked why they did not go with a 6 and
12 pitched roof that the Code encourages to which Mr. Brummer answered
they didn't want such a large massing since the house was of a smaller
scale. Commissioner Smith asked what the length of the dock and if
setbacks were met to which Town Attorney Nazzaro stated there was no dock
on this application and if they were seeking a dock the staff could
approve that on a Level One Application at a later date. Mayor Morgan
asked about the special exception of 96 sq. ft. and Mr. Brummer noted that
it was the loggia in the back and the covered front entry.
Vice Mayor Stanley made a motion to approve a Demolition Permit to
demolish existing structure. Commissioner Orthwein seconded the motion
with all voting AYE at roll call.
Vice Mayor Stanley made a motion to approve a Land Clearing Permit
to clear existing vegetation from the building site. Commissioner
Orthwein seconded the motion with all voting AYE at roll call.
Vice Mayor Stanley made a motion to approve a Special Exception to
allow 96 sq. ft. of covered, unenclosed floor area that exceeds the
maximum permitted floor area ratio. Commissioner Orthwein seconded the
motion with all voting AYE at roll call.
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Minutes of Town Commission
Regular Meeting November 14, 2022, @ 9:00 A.M.
Vice Mayor Stanley made a motion to approve a Level 3
Architectural/Site Plan Review for construction of a 3,698 sq. ft. two-
story, Anglo-Caribbean-style, single-family dwelling with a two -car
garage, four bedrooms, bonus room, covered loggia, and swimming pool and
Chippendale and picket combination rail on the rear balcony with the
following conditions:
1. Prior to applying for any permits, except for the Demolition
Permit, related to these approvals, the applicant will record a unity of
title for the parcels that are part of the Town's Annexation Ordinance
22/8.
2. 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.
3. Prior to the issuance of a certificate of occupancy or
certificate of completion, the owner of the property shall prepare and
record a deed restriction which, at a minimum, shall provide that all roof
projection areas required to remain unenclosed as per approval of this
special exception shall remain for as long as the structure is in
existence or exceeds the maximum permissible FAR.
Commissioner Orthwein seconded the motion with all voting AYE at
roll call.
IX. Reports
A. Town Manager
1. Update on Town Hall Tree Replacement
Town Manager Dunham stated he and Anthony Beltran, Public
Works Director, would be taking a trip to Clewiston, FL, on November 21,
2022, to look at a tree farm. Discussion was had regarding the type of
tree the Commission would like as a replacement and it was decided
either a live oak or green buttonwood. Determination was made that
pictures would be taken and sent to Vice Mayor Stanley to approve since
his family was in the nursery business.
2. Bluewater Cove Update
Town Manager Dunham gave a heads up that the guardhouse
and new signage was on the ARPB agenda and if approved would be coming
to the Commission in December. He added they were going to wait until
after the holidays to begin work.
3. CIP Update
Town Manager Dunham stated that the 60% design submittal
was due on December 9, 2022, with 90% due February 21, 2023, 100% plus
permitting due April 6, 2023, and bidding scheduled for July 5, 2023.
B. Architectural Review & Planning Board
1. Meeting Dates
a. November 17, 2022, at 8:30 A.M.
b. December 15, 2022, at 8:30 A.M.
c. January 26, 2023, at 8:30 A.M.
Minutes of Town Commission
Regular Meeting November 14, 2022, @ 9:00 A.M.
d. February 23, 2023, at 8:30 A.M.
e. March 23, 2023, at 8:30 A.M.
Mayor Morgan called attention to the meeting dates.
C. Finance Director
1. Financial Report for October 2022
Town Manager Dunham drew attention to the highlights and
comments by CFO Tew on the financial report.
D. Police Chief
1. Activity for October 2022
Chief Allen asked that the report be accepted as
submitted. He added that Mr. Delafield's stolen car had been located
and the VIN had been changed resulting in the difficulty of locating it.
He added that there had been an auto burglary at the B & T because a
gentleman playing tennis had left his wallet and keys in the unlocked
car.
X. Items for Commission Action
A. Bid Results - Fencing of Town Hall
Town Manager Dunham referred to the memo given to the
Commission with the bid results. Public Works Director Beltran
explained the gate system and fencing and the location of where it would
be located. Discussion was had about the aesthetics and how much would
be exposed to the public. Town Manager stated it would all be screened
except for the gate. Discussion was had about trespassers and Mr.
Beltran noted that people were walking across the property even though
he had asked them not to. It was decided to treat this like a normal
application and defer it to the next meeting when the Commission could
see a site plan with a survey and renderings of what it was going to
look like.
B. Ordinances
1. ORDINANCE NO. 22/7; 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 II, BOARDS AND COMMISSIONS; DIVISION 5,
ARCHITECTURAL REVIEW AND PLANNING BOARD; SECTION 66-72,
BOARD MEMBERSHIP, TO INCREASE THE NUMBER OF ALTERNATE
MEMBERS ELIGIBLE TO BE ON THE ARCHITECTURAL REVIEW AND
PLANNING BOARD FROM TWO TO THREE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANACES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Second reading
and adoption)
This was deferred to the December 9, 2022, meeting.
2. ORDINANCE NO. 22/8; AN ORDINANCE OF THE TOWN COMMISSION
OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA
PROVIDING FOR THE ANNEXATION INTO THE CORPORATE LIMITS OF
THE TOWN OF GULF STREAM, FLORIDA OF CERTAIN REAL PROPERTY
CONSISTING OF APPROXIMATELY 707 SQUARE FEET, MORE OR LESS,
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Minutes of Town Commission
Regular Meeting November 14, 2022, @ 9:00 A.M.
GENERALLY LOCATED IMMEDIATELY SOUTH OF 996 PELICAN LANE;
PROVIDING FOR AND AUTHORIZING THE UPDATING OF THE TOWN
BOUNDARIES WITHIN THE TOWN CHARTER AND ALL OFFICIAL TOWN
MAPS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(Second reading and adoption)
This was deferred to the December 9, 2022, meeting.
2. ORDINANCE NO. 22/11; AN ORDINANCE OF THE TOWN COMMISSION
OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 34.
UTILITIES; ARTICLE II. WATER SERVICE; SECTION 34-37. FIELD
VISIT CHARGE; TO ADJUST THE FEE FOR A FIELD VISIT CHARGE;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFIACTION; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES. (First reading)
Town Clerk Basel read the ordinance and Commissioner Smith
made a motion to approve Ordinance No. 22/11 upon first reading. Vice
Mayor Stanley seconded the motion with all voting AYE at roll call.
B. Resolutions
1. RESOLUTION 22-13; A RESOLUTION OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, FLORIDA, PROVIDING FOR THE
APPROPRIATIONS OF BUDGET REVENUES AND EXPENDITURES IN THE
GENERAL FUND FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
2022; PROVING AN EFFECTIVE DATE.
Town Clerk Basel read the resolution and Vice Mayor
Stanley made a motion to approve Resolution 22-13 with an effective date
of November 14, 2022. Commissioner Orthwein seconded the motion with
all voting AYE at roll call.
2. RESOLUTION 22-14; A RESOLUTION OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, FLORIDA, OPPOSING CITY OF DELRAY
BEACH ORDINANCE NUMBER 21-22; PROVIDING AN EFFECTIVE DATE.
Town Attorney Nazzaro explained that this was a re -do of
the re -zoning issue that they had won already regarding the empty lot
next to Place au Soleil. A lawsuit was filed that the hearing wasn't
held properly and at a subsequent re -hearing Mr. Nazzaro was asked if he
had permission from the Commission to speak on behalf of the Town, but
they didn't like just his word, rather they wanted an authorized
approval, thus the reason for this resolution.
Town Clerk Basel read the resolution and Commissioner
Smith made a motion to approve Resolution 22-14 with an effective date
of November 14, 2022. Commissioner Orthwein seconded the motion with
all voting AYE at roll call.
C. Items by Mayor & Commissioners
Commissioner Lyons thanked the Staff and ARPB on the
tremendous progress that had been made on the two applications heard
earlier so that it was an easy approval for the Commission.
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Minutes of Town Commission
Regular Meeting November 14, 2022, @ 9:00 A.M.
XI. Adjournment
Mayor Morgan adjourned the meeting at 9:57 A.M.
Rene Basel
Town Clerk-
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