HomeMy Public PortalAbout07/28/2011MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM,
FLORIDA ON THURSDAY, JULY 28, 2011 AT 8:30 A.M., IN THE TOWN HALL, 100
SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order
Ganger at 8:30 A.M.
II. Roll Call.
Present and
Participating
III
Mr.
of
no
Absent w /Notice
Also Present and
Participating
Minutes of
The meeting was called to order by Chairman
Robert Ganger
Scott Morgan
Charles Frankel, III
Malcolm Murphy
Thomas Smith
Amanda Jones
William H. Thrasher
Rita L. Taylor
John Randolph
Ned McDonald
Gary Eliopoulos of
GE Architects
Mark Grant, Esq.
Ruden, McClosky
Joe Pike of
Enviro Design
Marty Minor of Urban
Design Kilday Studios
Martin O'Boyle
Robert Krebbs
Jim Neeves
Lori Volk
Tom Laudani of Seaside
Builders, LLC
Mark Marsh of Bridges,
Marsh & Associates
Jane S. Day, President
Research Atlantica Inc.
Jacqueline Albarran of
SKA Architects
Meeting and
Smith moved and Vice - Chairman Morgan
the Regular Meeting and Public Hearing
discussion. All voted AYE.
Chairman
Vice - Chairman
Board Member
Board Member
Board Member
Alternate Member
Town Manager
Town Clerk
Town Attorney
Place Au Soleil HOA
Architect /Hidden
Harbour, Plat II
& Agent /Miller
Rep /Hidden Harbour,
Plat II
Engineer /Hidden
Harbour, Plat II
Town Consultant
23 Hidden Harbour Dr.
19 Hidden Harbour Dr.
11 Hidden Harbour Dr.
Historian
Agent /Joel T. Strawn
PR for Spence Estate
Consult /SKA Architects
Historical Consultant/
Brown Application
Agent /Brown
Public Hearing of 6- 23 -11.
seconded to approve the Minutes
of June 23, 2011. There was
Chairman Ganger asked for disclosure of any ex -parte communication
concerning Item V. B. Proposed Alterations to Place Au Soleil Entrance.
Chairman Ganger stated that, on behalf of the Gulf Stream Civic
Association, he participated in discussions concerning this matter and
participated in the vote of the PAS property owners for this project.
Mr. Murphy stated that he attended the July 25, 2011 Place Au Soleil
Association Meeting and asked a question concerning this matter.
Architectural Review and Planning Board
Regular Meeting and Public Hearing - July 28, 2011 Page 2
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
There were no changes.
V. Announcements.
A. Meeting Dates
1. Regular Meeting & Public Hearing
C-, a. No meeting in August 2011
b. September 22, 2011 @ 8:30 A.M.
c. October 27, 2011 @ 8:30 A.M.
d. November to be determined
e. December 22, 2011 @ 8:30 A.M.
f. January 26, 2012 @ 8:30 A.M.
g. February 23, 2012 @ 8:30 A.M.
Chairman Ganger asked Clerk Taylor about meeting date announcements.
Clerk Taylor said she would like to establish a November meeting date at
this meeting. She said the regular November meeting date falls on
Thanksgiving Day and in past years the ARPB would hold their November
meeting on the 3=d Thursday of that month. Clerk Taylor mentioned that
the November Town Commission date is in conflict with a holiday and they
have not yet confirmed a new November date. Chairman Ganger requested
the November Architectural Review and Planning Board (ARPB) meeting be
tentatively scheduled for Thursday, November 17, 2011 at 8:30 a.m. He
said, in the event that date must be changed to accommodate the November
Town Commission Meeting, Clerk Taylor could contact ARPB members via
telephone.
Clerk Taylor asked everyone who will be speaking during the remainder of
the Meeting and during the Public Hearing to stand and raise their right
hand and she administered the Oath to the following: Ned McDonald, Gary
Eliopoulos, Attorney Mark Grant, Joe Pike, Martin O'Boyle, Robert
Krebbs, Jim Neeves, Lori Volk, Tom Laudani, Mark Marsh, Dr. Jane Day and
Jacqueline Albarran.
B. Proposed Alterations to Place Au Soleil Entrance
Chairman Ganger asked if this matter is a Staff item. Mr. Thrasher said
this project requires Commission approval because the improvements are
in the right -of -way and Staff recommended that the plans be brought to
the ARPB for their endorsement or recommendations prior to going before
the Commission for their approval. He said a resident of Place Au
Soleil (PAS) is in attendance to give a brief presentation of the
proposal. Mr. Ned McDonald, the Liaison for the PAS HOA for the WalMart
Project, the F.I.N.D. Project and the PAS Front Entrance Project took
the podium and stated that this project has been in the planning stages
for the past year and a half. He said safety, security and aesthetics
are the three broad reasons for these improvements. Mr. McDonald said
that over the years the curbs have been broken as a result of large
delivery trucks making the turn into the entrance of the community while
attempting to avoid hitting the roof overhang of the guardhouse. The
guardhouse roof has taken several hits and is in need of repair. He
said the HOA engaged an architect and a landscape /front entrance
designer over a year ago and they prepared the renderings which were
Architectural Review and Planning Board
Regular Meeting and Public Hearing - July 28, 2011 Page 3
distributed to Staff and the ARPB. Mr. McDonald said landscaping is
represented in the renderings; however, to minimize expenses they are
not planning to change the landscaping at this time. He said the
renderings reflect only the hardscape, the guardhouse and the lanes, and
how the lanes will be reconfigured to avoid traffic hitting the
guardhouse roof. The contractor has promised they will not destroy any
of the existing landscape, except for that which is wrapped around the
guardhouse. Mr. McDonald said they advertised the July 25th HOA Meeting
and eligible residents voted 54 - 6 in favor of the project, which
represents 90% in favor. He said because the work is in the right -of-
way, it will require Commission approval and they will go before the
Town Commission on August 16, 2011. Mr. McDonald said they would like
the support of the ARPB or any recommendations they may have to improve
the project plans.
1. Comments and Recommendation
Chairman Ganger confirmed the damage to the guardhouse roof. Mr. Smith
asked if there will be any changes to the guardhouse. Mr. McDonald said
there are no changes to the guardhouse and the biggest expense will be
the hardscape, they will change the landscape wrapping around the
guardhouse and the facing of the guardhouse. He said they are accepting
bids for a security system with cameras that will pick up license plates
and people entering and exiting the subdivision. Vice - Chairman Morgan
asked about opposition to the proposal. Chairman Ganger said the
opposition was primarily based on economics because homeowners will be
assessed $800 to pay for this project and there are a few who are in
arrears with their mortgage payment and normal assessment. He said the
PAS HOA expects that some will not pay this assessment and they have
worked that into their budget. Chairman Ganger said there were some
questions as to whether the security system would be adequate, but Chief
Ward has worked with the HOA on this project from the beginning and they
have looked at all of the security options.
Mr. Thrasher said the HOA is not submitting an application to the ARPB,
but they are asking for their support or their advice so they may
prepare their presentation to the Commission and to assure them that
this proposal has been reviewed by the ARPB. Mr. Smith moved and Mr.
Frankel seconded to endorse the proposed alterations to Place Au Soleil
entrance and to recommend approval of the project to the Town
Commission. There was no discussion. All voted AYE.
VI. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by Tom Laudani of Seaside
Builders, LLC as agent for Joel T. Strawn, Successor
Trustee of Regina W. Spence Revocable Trust and as
Personal Representative of the Estate of Regina W. Spence
that includes property located at 1220 N. Ocean Boulevard,
Gulf Stream, Florida, legally described as Lots 4, 5 &
the northerly 92' of Lot 6 of Golf Course Addition and
Tract A of Hidden Harbour Estates Subdivisions, Gulf
Stream, Florida, for the following:
Architectural Review and Planning Board
Regular Meeting and Public Hearing - July 28, 2011 Page 4
a. SUBDIVISION REVIEW to permit the division of the
above described property into six (6) single family
lots to be known as Hidden Harbour Estates -Plat II
Subdivision.
b. DEMOLITION PERMIT to demolish existing structures on
this property.
C. NORTH OCEAN BOULEVARD OVERLAY PERMIT to permit
\ alterations within this Overlay District to create
three of the proposed six lots in Hidden Harbour
Estates -Plat II Subdivision.
d. LAND CLEARING PERMIT to allow excavation for
installation of drainage and utilities \easements.
e. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
subdivision of the property at 1220 N. Ocean Blvd.
into 6 single family lots to be known as Hidden
Harbour Estates -Plat II.
Chairman Ganger asked for any disclosures of ex -parte communications
concerning this matter. Vice - Chairman Morgan, an adjoining property
owner, stated he had a discussion with another neighbor concerning a
preference to re -plat the property into 3 lots rather than 6. Mr.
Frankel stated he communicated with Staff. Chairman Ganger stated he
drove into the driveway to view the property. Mr. Smith recused
himself from discussion and voting, stating a conflict due to his firm
being the accountant for the Spence Estate.
Gary Eliopoulos of GE Architecture introduced himself as the architect
for this project which he described as a re -plat of the Spence property
into six (6) single family lots. Due to the location of the property
and the surrounding roads, Mr. Eliopoulos asked the project team to
attend this hearing to answer questions. Team members include: Tom
Laudani of Seaside Builders, the proposed buyer of the property;
Attorney Mark Grant of Ruden, McClosky, who will handle legal issues;
Civil Engineer Joe Pike of Enviro Design, who is designing the drainage
plan; Dave Watkin, Landscape Architect; Paul Ingle of O'Brien, Suiter,
O'Brien. Chairman Ganger asked if the property has been purchased and
if there has been a closing. Mr. Eliopoulos said there has not yet
been a closing.
Mr. Eliopoulos displayed an existing survey showing the property as it
relates to AlA along the east side, the existing southern roadway, the
private roadway on the west side, the private driveway leading to
Hidden Harbour and the canal leading to the Intracoastal. He displayed
a drawing showing the proposed 6 lots, saying that 3 lots will face
AlA, 2 of them will be accessed from AlA and the 3=d southernmost lot
will be accessed from the south side roadway. Going east to west from
that point are the 3 remaining proposed lots, the lower lot being
accessed from the south side roadway and the remaining 2 lots having
access from the private road on the west side of the property which
runs north and south.
Architectural Review and Planning Board
Regular Meeting and Public Hearing - July 28, 2011 Page 5
Mr. Eliopoulos said the drainage history of track A is a concern
because it handles drainage from Hidden Harbour. He said the property
is heavily landscaped, Code requires a 3' landscape buffer and they are
proposing a 10' landscape buffer around the property. The road along
the southern portion of the property will be given to the Town and the
landscaping along the private road, which is along the western portion
of the property and currently maintained by Hidden Harbour, will be
maintained by the owners of the proposed 6 lots. The road maintenance
will be shared by Hidden Harbour and the owners of the 6 lots. Mr.
Eliopoulos said they have been working with Marty Minor of Urban Design
Kilday Studios, and Brian LaMott, an outside civil engineer with
Wattman Group, and each have submitted comments concerning the project
which will be addressed by the project team.
Chairman Ganger asked about the easement to the ocean and how it lines
up with the proposed lots that will face AlA. Mr. Eliopoulos said it
exists to the north side of the property on the east side of AIA
adjacent to the Knobel property. Chairman Ganger asked if the Town
owns the road on the south side of the property through to the bird
sanctuary. Mr. Thrasher said this is a gray area and, in the past, the
Town has positioned themselves as owning the roadway, it is on the
Town's road survey and it is reported to the State for road tax
revenues. Chairman Ganger asked if the south road was now owned by
Hidden Harbour. Mr. Thrasher said it is.
Attorney Mark Grant of Ruden, McClosky introduced himself and said the
30' on the south side of the property is an easement to the Town and
will remain so. It will be called Tract R on the proposed plat which
will be dedicated to the Town of Gulf Stream and the underlying fee
title would go to the Town on that road. Martin O'Boyle of 23 Hidden
Harbour Dr. introduced himself and said he is familiar with the
underlying documents, explaining that the southern road off of AlA
leading to Hidden Harbour Estates splits the Johnson and Hutton
properties and was given to the Town of Gulf Stream by way of an
easement. He said, however, in the declaration, which is a recorded
document of the Hidden Harbour Restrictive Covenants, the municipality
gave the rights and obligations back to Hidden Harbour Estates.
Mr. Frankel asked if there is an existing contract to purchase the
property which may be subject to the approval of this project. Mr.
Grant said there is an existing contract, it does not include a
contingency based on approval of the project and closing is scheduled
for mid - August. He said Mr. Joel Strawn, personal representative for
the Spence Estate, has assigned Mr. Tom Laudani of Seaside Builders as
the agent. Mr. Strawn has given his authorization to proceed with this
approval process and that authorization has been submitted to the Town.
Joe Pike with Enviro Design introduced himself saying he is the civil
engineer on this project. He said when this site is developed the
drainage will be improved and the rate of discharge from the western
third of the property will be reduced by over 85 %. The current
topography of the property is uneven, being high along AlA, dipping
Architectural Review and Planning Board
Regular Meeting and Public Hearing - July 28, 2011 Page 6
heading west and rising at the western third of the property. He said
they are proposing to cut out the high area at the western portion,
which will reduce the rate of discharge, and they will create a berm to
capture the water and avoid drainage into the Intracoastal. Chairman
Ganger asked if it is necessary to fill in the low spot in order to
develop the property. Mr. Pike said there are several options, but
this was the safest approach to allow them to capture water and contain
�_. it. He said it is not mandatory, but it is a very low elevation and
the minimum home site elevation required by FEMA is at least 7 feet.
Vice - Chairman Morgan asked about sewer /septic plans for the proposed
lots. Mr. Pike said they have bored for a septic analysis, but have
not yet looked at septic design for each lot. A resident asked about
percolation rates and Mr. Pike said they have terrific percolation
rates up on the ridge and they are putting in clean fill which will be
acceptable for septic. Vice - Chairman Morgan asked about dock issues
and what they are proposing. Mr. Grant said there are 4 existing docks
on the site and the Town has a limitation of 3 docks. When they seek a
permit, they will work it out so there will be only 3 docks. Mr. Grant
said they are not seeking waivers or variances for this project and all
plans meet Code.
Mr. Grant said the 2 lots that will use the private roadway running
north and south through Tract A as their primary means of ingress and
egress to AlA will be obligated to contribute to the maintenance of
that road, which they are aware of as part of the recorded document
referred to by Mr. O'Boyle. He said Tract A, which is the drainage
area, will become part of the 3 western lots and those property owners
will be responsible for maintaining the landscape area, taking the
burden off of Hidden Harbour. Mr. Grant said they will discuss all of
this with Hidden Harbour Estates as a private matter. Chairman Ganger
asked if the owners of the 6 proposed lots will be a part of the Hidden
Harbour Estates HOA. Mr. Grant said according to their title, the
Hidden Harbour Declaration does not create a HOA, but does create a
Committee made up of the eight lot owners. They do not have a right to
force themselves as members and the Committee cannot demand that they
join, but they realize if, for example, they propose installing a dock,
it will require approval of the Committee.
If title on this property passes prior to the assessments for
undergrounding taking place, Chairman Ganger asked if we would re-
assess for each new lot or would it be the obligation of the current
owner. Mr. Thrasher said it is his opinion that the assessments are
based on property as they exist today and there is consideration in the
methodology for lot size. Mr. Randolph said it will run with the land
and each new property owner will be responsible for their proportional
share of that assessment. Mr. Thrasher said the assessment was based
on the fact that there has been no construction on that property and it
is locked in.
Chairman Ganger said there are many people in Town who will find the
demolition of that property unsettling and he asked if there has been
Architectural Review and Planning Board
Regular Meeting and Public Hearing - July 28, 2011 Page 7
adequate analysis for restoration and if anyone has given thought to
restoring the property. Mr. Eliopoulos said they have not yet
considered restoration and would prefer to reserve comment until after
closing when he will have an opportunity to enter the house for
observation.
Marty Minor, Senior Project Planner with Urban Design Kilday Studios,
prepared a Staff Report for the Hidden Harbour Estates Plat II
Application and was present to summarize the report. Mr. Minor
described the site as 6 �i acres within the Ocean West single family
residential zoning district, which is currently 3 lots as part of the
old Golf Course Addition Plat, and the Tract A portion, which was
originally platted with the Hidden Harbour Project. The proposed lot
configurations and sizes and proposed setbacks are all in conformance
with Town Code. He said what they focused on for their review was
access, landscaping and drainage. This property is within the North
Ocean Boulevard Overlay and requires permission to amend anything along
the roadway, including attaining additional access from N. Ocean Blvd.
Chairman Ganger asked if FDOT would have the final word regarding
additional access. Mr. Minor said FDOT has final word and there are no
issues. He said there is no proposed construction of homes at this
time, but it is reflective in their recommended conditions for approval
that when grading begins in preparation for construction, it must be
done all at one time and completed.
The conditions of approval are listed on Page 6 of the Staff Report
from Marty Minor dated July 21, 2011 which will be made a part of the
record and filed with the Town of Gulf Stream. Mr. Minor summarized
saying Condition 1 requires the applicant post a surety in an amount
determined by a licensed engineer, approved by the Town and shall
represent 110% of the estimated costs for improvements. Condition 2
provides that prior to issuance of the first building permit for
vertical construction on the site, grading of the entire site and
completion of the required improvements are required. Condition 3
provides that they maintain 10 feet of the existing vegetation around
the entire site and along all roadways. Mr. Minor said the existing
landscaping is dense with a variety of vegetation and whatever is
removed must be replaced as it was. Tom Laudani of Seaside Builders
introduced himself and said Dave Watkin, Landscape Architect, was
present to answer any questions. He said they realize that the lack of
vegetation would have an impact on property value and they intend to
fully maintain the landscaping around the property.
Mr. Thrasher said he has a modification to Condition 4 and the addition
of a Condition 5. Condition 4 will be modified to read: Site plan to
provide lot line projections into the waterway in order to determine if
there are any non - conforming docks as defined by Section 66 -369. All
docks determined to be in conflict with Section 66 -369. Docks. shall be
removed prior to demolition of the structures. Mr. Randolph
recommended Condition 5 to read: Applicant will, on the Plat, dedicate
the entrance road on the south side of the property to the Town of Gulf
Stream for public roadway and utility purposes.
Architectural Review and Planning Board
Regular Meeting and Public Hearing - July 28, 2011 Page 8
Chairman Ganger said the Board would like to give members of the public
an opportunity to comment. He asked Clerk Taylor if there were any
public comments submitted in writing. Clerk Taylor said there were
none in writing; however, two residents of Hidden Harbour Estates
visited Town Hall to review the proposed project plans.
C' Clerk Taylor administered the Oath to Jim Neeves. Mr. Neeves said he
resides at 11 Hidden Harbour Dr. and is a member of the Hidden Harbour
sub - committee. He said he discussed the proposed plans with neighbors
and, although they would love to see the house remain, they recognize
that the property will be developed and do not have a lot of problems
with the plans. Mr. Neeves said they will meet will the new owner and
discuss the Covenants, but they would like to see 15 feet rather than
10 feet along the road because, to them, the entrance to the Harbour is
the most valuable part of the property.
Lori Volk introduced herself as the daughter -in -law of John Volk, the
architect of the home, saying that Seward Webb went to Mr. Volk as a
personal friend in 1937 and then built the house in 1939. She said the
property is at the tail end of the Appalachian Trail and the topography
is unique and unusual, and if the Town had a historic preservation
ordinance in place they would be looking at whether the elevation is
natural or if it might be built on an archeological or Indian burial
site. Ms. Volk had concerns about the developer leveling the property
all at once before a preservationist could observe the house, and she
was also concerned with the increase in the trip schedule with 4
additional houses using one ingress and egress. She said there are
many gray areas with this proposal and recommended having a title
search done on the road to clarify whether the Town owns the road or if
it is a private road as posted.
Mr. O'Boyle said many questions concerning this proposal have not been
answered and he suggested the Board table any action, request that the
developer meet with residents of Hidden Harbour Estates and any other
interested parties in an attempt to work out some issues, and then come
back to the ARPB for review. He said there is a Deed dated 1937 from
E.F. Hutton to Seward Webb recorded in O/R Book 513 /Page 394, which
states on Page 2 of the Deed, "Conveyance of Lots 4, 5, & 6 of the Golf
Course Addition, "not to erect upon each of the above lots more than
one residence." Mr. O'Boyle said if he is reading correctly it would
be inappropriate for the ARPB to grant approval to subdivide into 6
lots.
Chairman Ganger asked if anyone had knowledge
on this property. Mr. Randolph said the Town
searches for every property, but it is their
Town zoning ordinances providing for lot size
requirements. He said it is up to individual
protect themselves against deed restrictions.
is correct about a deed restriction requiring
divided into 3 lots, Mr. Randolph said if the
of a restrictive covenant
cannot engage in title
responsibility to enforce
and drainage
property owners to
In the event Mr. O'Boyle
the property only be
Town were to grant a
Architectural Review and Planning Board
Regular Meeting and Public Hearing - July 28, 2011 Page 9
subdivision for 6 lots, an injunction would have to be filed to
prohibit development of the other 3 lots.
Mr. O'Boyle asked if the drainage in Tract A of Hidden Harbour will
change. Mr. Pike said they will not alter the grading of the existing
drainage in Tract A, but they will place pipe beneath the roadway to
connect to the existing inlet which currently falls into the canal and
over to the Intracoastal. Mr. O'Boyle said, in Para. 12 of the
Declarations and Establishment of Conditions, Restrictions,
Limitations, Reservations and Easements of Hidden Harbour Estates, a
Subdivision, it states, "no existing drainage systems can be changed
without the expressed consent of all parties involved, including the
owner of Tract A. He said there is a Hidden Harbour Restrictive
Covenant in O/R Book 3097 /Page 0824 which states, "the trimming of the
foliage over the paved road is left to Hidden Harbour" and, therefore,
nobody has the right to take over landscaping or remove foliage along
the road that was given to the Town and then turned back to Hidden
Harbour. Mr. O'Boyle said they want to move forward and be good
neighbors, but they have rights. He suggested the Town perform due
diligence and look at these documents before approving the proposed
changes.
Mr. Grant said they want to meet with the residents to work it all out
and he confirmed that these are private restrictions that do not come
under the jurisdiction of the Town. They found the 1937 Deed in O/R
Book 513 /Page 394 in their initial title search, but the Market Records
Title Act states that this type of deed restriction terminates after 30
years if not re- established and the title company agreed that these
deed restrictions have terminated under Florida Law. He said the
document that continues to exist is the Declaration referred to by Mr.
O'Boyle which clearly states that if dwelling units are built on the
existing Lots 4, 5 & 6, the allocation to maintain the road will be
based on the number of dwelling units or separately owned properties
that have access to, and routinely use, such road for their primary
means of ingress and egress. Mr. Grant said the subsequent document
contemplated there being more than one dwelling using the road and
sharing the cost and the old document no longer exists. He said they
have until August 9th to respond to any comments and they will do so,
such as the dedication of the road, the landscape buffer and
maintaining the landscaping on Tract A.
Chairman Ganger asked Ms. Volk to explain her concern with flattening
the top of the hill. Ms. Volk said she believes Mr. Volk built the
elevation maybe for a view of the ocean or to take cross breezes, but
you would usually dig to be sure there is no Indian burial there.
Chairman Ganger asked if the State or County have anything that would
dictate that. Dr. Jane Day stated that Palm Beach County has an
archeological ordinance in place and if development is proposed on an
archeological site the County can require a Phase I Survey prior to any
development. She said there are State and Federal Statutes which
provide that if human remains are detected on a site, the State must be
brought in and all components of the Phase I Survey must be complete.
Architectural Review and Planning Board
Regular Meeting and Public Hearing - July 28, 2011 Page 10
Mr. Murphy asked Ms. Volk what makes her believe there is a need for
excavation. She said the topography is unique, but the elevation of
that site is an indication to her. Tom Laudani commented that the
criteria requiring excavation does not exist on the site.
Mr. Laudani said that pre and post drainage conditions will have no
negative impact on Tract A. He said they are offering a 10 foot buffer
around the entire property and when they take title of the property
they will have the right to maintain the vegetation. Mr. Laudani said
Mr. Thrasher has asked that they dedicate an additional 5 feet of the
southern portion of the property to the Town of Gulf Stream to provide
for additional right -of -way and he is not adverse to that as long as it
does not impact the setbacks for construction of the homes.
Chairman Ganger said he spoke with Seward Webb to let him know that the
family home may be demolished and said he would make every effort to
provide historic record for the archives with regard to the family
history and the architectural style of the house. He asked the
developer if they would allow access to the home prior to demolition to
take photos for the archives. Mr. Grant said he was sure Mr. Strawn
would work with him and they do not intend to demolish the home
immediately after closing. Mr. Laudani suggested that they could
incorporate something into the architecture of the new homes that would
reflect the historic architecture. Mr. Eliopoulos offered his firm to
assist in the documentation at no charge.
Robert Krebbs of 19 Hidden Harbour Drive stated that he agrees with Mr.
O'Boyle in that the Board should table the matter until some issues are
worked out.
Chairman Ganger asked for comment from the Board. Mr. Murphy said he
suggests a formal condition be imposed that discussion between the
developer and interested parties take place, but he is concerned that
the dialog from these discussions will not be passed on to the ARPB
prior to the Commission meeting. Mr. Randolph said this will not come
back to the ARPB unless the Board postpones this matter with a
condition that certain discussions take place before coming back before
the ARPB. He said they could also place a condition concerning the
historic record of the property as suggested by Ms. Volk. Vice-
Chairman Morgan said he would like to pause on this matter because of
the difference of opinion between the developer and Mr. O'Boyle's
reading of the restrictive covenant which he suspects is not clear. He
said it is unusual for an application for development of a subdivision
to come before the ARPB, but their responsibility is to evaluate the
architectural integrity of the proposal to maintain the continuity of
architecture, landscape and the plan of the various neighborhoods.
Vice - Chairman Morgan said the 6 platted lots is out of character with
the rest of the neighborhood and recommends tabling the mater. Mr.
Frankel said he is not clear on the legal matters, but agreed with
Vice - Chairman Morgan saying he would prefer the property remain as 3
lots to maintain the unique topography.
Architectural Review and Planning Board
Regular Meeting and Public Hearing - July 28, 2011 Page 11
Mr. Laudani said he is confident that in discussions prior to August
9th Attorney Grant will be able to satisfy all concerns from interested
parties. He said he has history with the Town and has been under close
scrutiny concerning architectural style in the past, but he will have
the opportunity to come before the ARPB and Commission when he is ready
to develop each of the homes on the property. Mr. Laudani said he
realizes that the final approval will come from the Commission and
�•' right now he is looking at this as a plat process and would like a
recommendation of approval to the Commission so he can move forward.
He said they are not asking for waivers, they are conforming to
regulation and what is prescribed for that zoning district and he
believes they have the right to develop 6 lots.
Vice - Chairman Morgan wanted to point out that the
must be viewed as a whole and as a concept within
the Board has the discretion to view it that way.
many different styles of homes, landscaping and r,
comes down to the Board's perception of what Gulf
and design should be.
entire subdivision
the neighborhood and
He said there are
Dad patterns and it
Stream's continuity
Chairman Ganger said because there are some uncertainties it is very
important to the ARPB that the developer have these discussions with
all interested parties and the Board can impose a strong condition that
the Hidden Harbour residents and neighbors must concur with the
proposal for this to happen. Mr. Randolph said this comes before the
Board as a subdivision and the Board is obligated to review the
proposal to determine if Code requirements have been met and to make
their recommendations to the Commission. The Board can place a clear
condition that the developer must meet with residents to attempt to
resolve some of the issues, but it is not required that the residents
and neighbors concur. Chairman Ganger said there is the potential for
a motion to defer. Mr. Randolph said a motion to defer should be
accompanied by what the Board would like to see done before coming back
to the Board.
Vice - Chairman Morgan moved and Mr. Murphy seconded to recommend
approval for subdivision review to permit the division of the above -
described property into six (6) single family lots to be known as
Hidden Harbour Estates -Plat II Subdivision with the following
conditions:
1. Prior to the issuance of the first building permit for the site,
the applicant shall post a surety in an amount determined by a licensed
engineer and confirmed by the Town engineer to be sufficient to ensure
that required improvements shall be completed if the developer does not
or cannot make the improvements in accordance with the approved plans.
The improvements shall include drainage facilities and the grading of
the site. The surety shall represent 110% of the estimate costs for
the improvements.
2. Prior to the issuance of the first building permit for vertical
construction on the site, the grading of the entire site and the
completion of the required improvement shall be required. In addition,
the applicant shall provide evidence that all required utilities have
Architectural Review and Planning Board
Regular Meeting and Public Hearing - July 28, 2011
Page 12
been released for operation prior to the issuance of the Certificate of
Occupancy for each home.
3. With the development of each home, the 10 feet of existing
vegetation along the existing roadways shall be maintained, if and
where possible. If a portion of this buffer of existing vegetation has
to be removed during the development process, the developer will create
a 10 -foot wide landscape area along the roadway with native shrubs
planted 2 feet on center and native canopy trees 20 feet on center.
4. Site plan to provide lot line projections into the waterway in
order to determine if there are any non - conforming docks as defined by
Section 66 -369. All docks determined to be in conflict with Section
66 -369. Docks. shall be removed prior to demolition of the structures.
5. Applicant will, on the Plat, dedicate the entrance road on the
south side of the property to the Town of Gulf Stream for public
roadway and utility purposes, plus an additional 5 feet, a total
dedication of 35 feet.
6. Applicant shall have discussions with the property owners to
address their issues to present to the Town Commission.
Chairman Ganger stated that it should be written into the minutes that
it was recommended that the developer make the best attempt possible to
preserve the history of the property.
Mr. Frankel said he will vote no
discussions with property owners
resolved before it was submitted
goes before the Commission.
because he would have preferred that
took place and most of the issues
to the ARPB and before the application
Roll Call: Mr. Frankel, NO; Vice - Chairman Morgan, NO; Mr. Murphy, NO;
Chairman Ganger, AYE. The Motion failed 3 - 1.
Mr. Frankel moved and Mr. Murphy seconded to defer consideration of
this application until the next meeting of the Architectural Review and
Planning Board which is scheduled for Thursday, September 22, 2011 at
8:30 A.M., with the direction that the applicant meet with the
neighbors and attempt to resolve disputed issues between now and that
date. There was no discussion. All voted AYE.
2. An application submitted by Gary Eliopoulos of GE
Architecture, Inc., as agent for Robert & Barbara Miller,
owners of property located at 960 Emerald Row, legally
described as Lot 59, Place Au Soleil Subdivision, Gulf
Stream, Florida, for the following:
a. DEMOLITION PERMIT to remove existing 567 square foot
covered porch on the south side of the existing
Mediterranean style single family dwelling.
b. LEVEL 2 ARCHITECTURAL /SITE PLAN REVIEW to permit the
removal of the existing covered porch on the first
floor and replace with a new two (2) story addition,
consisting of 894 square feet, on the existing
Mediterranean style single family dwelling.
Architectural Review and Planning Board
Regular Meeting and Public Hearing - July 28, 2011 Page 13
Gary Eliopoulos of GE Architects stated that he is the Agent for the
applicant and he displayed the existing site plan of the Miller
residence. He explained that at the south end of the house there is an
existing covered porch and they plan to remove the covered porch and
create a two -story Florida Room, with an exercise room on the 2nd story.
Mr. Eliopoulos displayed the existing floor plan and pointed out an
existing bedroom on the second floor of the home that will lead to the
new exercise room on the 2nd level of the Florida Room. With regard to
the windows on the south side elevation, he said Staff commented that
the amount of undivided glass must be reduced. Mr. Eliopoulos stated
that the windows on the south side elevation will be divided, which will
reduce the square footage of glass by 4 inches, and the awnings which
were originally proposed will be omitted. He said the drawings are
being revised to reflect those changes and will be delivered to the Town
in time for the next meeting.
Mr. Thrasher said Staff's comment concerning the windows was that they
will conform to the Town's Design Manual Section 70- 101(5)(7), which
limits the size of the opening, and the agent is stating for the record
that their design will conform to that Section of the Code. Chairman
Ganger asked which neighbor will see the south elevation of the home.
Mr. Eliopoulos said the south elevation is on the curve of the
Intracoastal and there is probably someone on the opposite side of the
canal who will view a portion of this elevation.
Chairman Ganger pointed out, for future information, that the ARPB is
now requesting a streetscape for applications which entail building
upward to get an idea of the difference in roof heights between the new
structure and the rest of the neighborhood. He also asked Mr.
Eliopoulos if he has shared these plans with the Place Au Soleil
Homeowners' Association and Mr. Eliopoulos said he had not, but he would
get input from the HOA. Clerk Taylor reminded the Board that this is a
Level II application and will not go to the Commission for approval, but
Staff has approved the plans.
Mr. Smith moved and Mr. Frankel seconded to approve a demolition permit
based on a finding that the removal of the existing 567 SF covered porch
on the south side of the existing Mediterranean style single family
dwelling meets the minimum intent of the Design Manual and applicable
review standards. There was no discussion. All voted AYE.
Mr. Smith moved and Vice - Chairman Morgan seconded to approve the Level
II Architectural /Site Plan based on a finding that the proposed two -
story addition, consisting of 894 SF, on the existing Mediterranean
style single family dwelling meets the minimum intent of the Design
Manual and applicable review standards with the following conditions:
1. That the windows in the final plan shall conform to Code Section
70- 101(5)(7).
2. The Town shall receive input from the Place Au Soleil
Homeowners' Association in consideration of this application.
There was no discussion. All voted AYE.
Architectural Review and Planning Board
Regular Meeting and Public Hearing - July 28, 2011 Page 14
3. An application submitted by Jacqueline Albarran as
agent for W. L. Lyons Brown, Jr., owner of property
located at 1 and 3 Driftwood Landing, legally
described as Lot 11 Driftwood Landing Subdivision,
Gulf Stream, Florida, for the following:
a. DEMOLITION PERMIT to demolish 215.9 square feet of
the existing Minimal Traditional style single family
dwelling.
b. SPECIAL EXCEPTION #1 to permit replacement of
existing non - conforming windows with sizes and styles
of windows that are prohibited.
C. SPECIAL EXCEPTION #2 to extend the existing non-
conforming west walls of the existing Minimal
Traditional style dwelling that encroach a maximum of
18.9 feet into the required 30 foot rear setback.
d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
replacement of existing non - conforming windows with
windows of a size and style that is prohibited, and
to permit additions consisting of 862.28 square feet
to the existing Minimal Traditional style single
family dwelling.
Chairman Ganger asked for disclosures of ex -parte communications
concerning this matter. Mr. Frankel stated that he has discussed this
application with Staff. Chairman Ganger stated for the record that he
attended the Commission Meeting and Public Hearing for the Appeal of the
Town Manager's decision that this application should be submitted as a
variance. He said he stated during the public hearing that nothing he
heard nothing would influence his decision regarding this application.
Mark Marsh of Bridges, Marsh & Associates introduced himself and stated
that he is not the agent for this application. He said he is acting as
the consultant to Jacqueline Albarran of SKA Architects, who is the
architect and agent for Brown. Mr. Marsh said the home, which is at the
end of a private road in Driftwood Landing, was built in the 40's and
the Brown Family has owned the property since the 501s. He said he was
asked to get involved because of a conflict of opinion between Staff and
the applicant as to how they would approach this project. The applicant
attempted to submit an application which included special exceptions and
Staff believed it would require a variance. Mr. Marsh said the
applicant appealed to the Town Commission and the Commission took the
position that the ARPB should evaluate the application and make their
recommendations. He said the application has been submitted to the ARPB
as a special exception.
Dr. Jane Day introduced herself and distributed a handout summarizing
her presentation. She said the style of the Brown house is Minimal
Traditional, which started in 1935 and went into the mid -50's, and she
found the style in a book entitled Field Guide to American Houses. This
style is referenced in the Gulf Stream Design Manual Bibliography and
many of the sketches in the Manual were taken from this book. Dr. Day
said the Minimal Traditional style home in Florida is usually smaller,
Architectural Review and Planning Board
Regular Meeting and Public Hearing - July 28, 2011 Page 15
the predominant style is a front facing gable and decorative vents at
the top and other elements of this style are decorative shutters and
outriggers, both of which are on this house. Air conditioning was not
as prominent through South Florida years ago and the predominant windows
of these houses were aluminum awning and jalousie which let the outdoors
in and allowed people to enjoy the Florida breezes. Dr. Day said her
handout includes photos of the basic window facades on the western
elevation, which faces the Intracoastal, and it shows the original
fenestration and openings. There is also an illustration of the Garage
Penthouse with the original aluminum awning windows.
Dr. Day said the Gulf Stream Manual is a methodology and a common
framework and on Page 5 -8, with regard to what is preferred for windows,
it states that they should reflect the architectural style of the
original house. She said the original windows were designed to get the
greatest view of the outside from the inside and she believes what is
being proposed replicates the original intent by allowing for the
greatest views from the inside out. Technology changed after Hurricane
Andrew, impact windows were developed and people want to change windows
to impact, not jalousie to jalousie, and they want to get the same
effect as far as view and light. Dr. Day said she will be available to
answer any questions.
Mr. Marsh said they also have a request for demolition of an existing
one -story shed and does not know what would cause denial since the shed
is an appendage with no aesthetic or functional value. He said the
primary issue is the window replacement and they have an existing
collage of different window types, including jalousie, picture windows,
awning windows and single hung. They want to bring it to hurricane code
and stay in keeping with the style of the home. The bird sanctuary is
the only neighbor and is the most attractive view from the home. Mr.
Marsh said Staff has determined from Code Section 70 -101 that their
proposal for the replacement of 4 picture windows is prohibited due to
the maximum width of undivided glass. He explained that there is an
existing picture window in the dining room and the existing sitting room
has an octagonal end which the owner would like to square off with a
picture window. There will be two additional picture windows on the
north and south elevations. He said the total fenestration will be
replaced and every other window opening complies with all criteria in
70 -101, but the issue is the four undivided picture windows. Mr. Marsh
said Staff has taken the correct approach according to the Manual, but
they want to propose that the picture windows in the sitting room and
dining room be maintained along with the addition of the two side
picture windows. They are requesting this under Code Section 70 -126,
Special Exception to Architectural Standards, which talks about value of
replacement, or upgrade of conformity. The Design Manual guidelines
primarily address new construction and do not address this type of
situation where all fenestration will be replaced.
Mr. Marsh explained that Special Exception #2 concerns the proposed
expansions of the dining room and a bedroom and Staff advised Ms.
Albarran that it is standard for the ARPB to approve minor building
Architectural Review and Planning Board
Regular Meeting and Public Hearing - July 28, 2011 Page 16
expansions as long as they are within the shadow of the furthest
encroaching element. He said the closest current setback is 11.03 and
the proposed setback 11.07, which is a minor expansion of a total of 650
SF of proposed addition and meets the special exception criteria.
Jackie Albarran of SKA Architects, introduced herself as architect and
agent for Brown and briefly summarized the Level III Architectural /Site
�_- Plan and display. She said property is large and the hardscape is at a
curve, and they are proposing minor expansion of the home and the
addition of a patio, which will have a straight view from the dining
room through to the pool area. Chairman Ganger said Mrs. Brown was a
horticulturalist and a tree lover and he asked if any of the proposed
picture windows look out on that. Ms. Albarran said all landscaping
will be kept and the proposed covered terrace on the south side will
have a view of the plantings, but the picture windows look out on the
preserve that Mrs. Brown purchased. She said the entire fenestration
will be changed, the old sliders will be French doors and jalousies will
be impact casement with shutters. Ms. Albarran said the shutters will
be white and the exterior color will be changed to a light green.
Vice - Chairman Morgan and Mr. Frankel both asked if the proposed windows
are to have muttins or to be divided in any way. Ms. Albarran said they
were never divided and divided windows are not proposed. Mr. Marsh said
they want to preserve the charm and the property is very unique and
private and they want to maintain their privacy. Vice - Chairman Morgan
commented to Dr. Day that the jalousie window style appears to break up
the light and it seems that the evolution of design would lend itself to
muttins. Dr. Day disagreed saying you were not supposed to see the bars
at the bottom of the jalousies and they were designed to be kept open
while it was raining, but we no longer do that. Mr. Marsh said jalousie
was the original style and the awning window was to be an improvement to
avoid leaks.
Chairman Ganger asked Dr. Day if there are other Minimal Traditional
style homes in Gulf Stream and Dr. Day did not know. He wanted to be
sure that, after the proposed restoration, the home would be a style of
South Florida architecture and the changes will be aesthetically
correct. Dr. Day said it will because they are keeping some of the
characteristics of the Minimal Traditional style, such as the front -
facing gable with the decorative attic vent.
Vice - Chairman Morgan said the windows, under 70 -126 are permitted with a
special exception and the testimony supports the modifications to be
consistent with the Minimal Traditional style. Mr. Frankel agreed,
saying he discussed the matter with Staff and he fully understands their
position because of how the Code is written. He said the Board has the
discretion to view it as a gray area rather than black and white. Mr.
Frankel said he believes they owe the Brown Family something and maybe
the Board could add a restriction that if the property is sold out of
the family, the buyer would be required to meet the current Code.
Architectural Review and Planning Board
Regular Meeting and Public Hearing - July 28, 2011 Page 17
Chairman Ganger said if the Board chooses to approve, the motion should
clearly reflect the Board's agreement with Staff's position because of
the way the Code is written.
Mr. Frankel moved and Vice - Chairman Morgan seconded to recommend
approval of a demolition permit. There was no discussion. All voted
AYE.
Mr. Frankel moved and Mr. Smith seconded to recommend approval of the
special exception for the replacement of existing non - conforming windows
with sizes and styles of windows as presented in the application. There
was no discussion. All voted AYE.
Mr. Frankel moved and Mr. Smith seconded to recommend approval of the
special exception to extend the existing non- conforming west walls of
the existing structure as presented in the application. There was no
discussion. All voted AYE.
Mr. Frankel moved and Vice - Chairman Morgan seconded to recommend
approval of Level III Architectural /Site Plan as presented in the
application. There was no discussion. All voted AYE.
Mr. Frankel moved and Vice - Chairman Morgan seconded the affirmation that
the Board totally applauds and reinforces Staff findings in this matter
and states that the approval of this application was a judgment call on
the part of the Architectural Review and Planning Board. There was no
discussion. All voted AYE.
VII. Items by Staff. There were no items by Staff.
VIII. Items by Board Members. There were no items by Board Members.
IX. Public. There were no items by the Public.
X. Adjournment. Chairman Ganger adjourned the meeting at 11:55 A.M.
Gail C. Abbale
Administrative Assi tant