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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