HomeMy Public PortalAbout09/27/2012MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM,
FLORIDA ON THURSDAY, SEPTEMBER 27, 2012 AT 8:30 A.M., IN THE TOWN HALL,
100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order. The meeting was called to
order by Vice - Chairman
Morgan at 8:35 A.M.
II. Roll Call.
Present and
Scott Morgan
Vice - Chairman
Participating
Tom Smith
Board Member
Malcolm Murphy
Board Member
Amanda Jones
Board Member
Absent w /Notice
Paul Lyons
Board Member
Ann Aker
Alt. Member
Beau Delafield
Alt. Member
Also Present and
William Thrasher
Town Manager
Participating
Rita Taylor
Town Clerk
John Randolph
Town Attorney
Martin O'Boyle, Resident
Hidden Harbour Est.
Representing
Tom Laudani
Developer
Robert Jones of
Architect
Jones Architects
Dave Bodker of
Landscape Arch.
Dave Bodker Landscape
& Architecture
Mark Grant, Esq.
Atty. For Seaside
Vice - Chairman Morgan welcomed the return of Amanda Jones, who has moved
from Alternate Member to
Member of the Architectural Review and Planning
Board.
III. Minutes of the Regular Meeting and Public Hearina of 7- 26 -12.
Mr. Smith moved and Mr. Murphy seconded to approve the Minutes of the
Regular Meeting and Public Hearing of July 26, 2012. There was no
discussion. All voted AYE.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
Mr. Thrasher requested that Item VI.A.4 be heard first and Item VI.A.1
will replace Item VI.A.4.
V. Announcements.
A. Meeting Dates
1. Regular Meeting & Public Hearing
t._ a. October 25, 2012 @ 8:30 A.M.
b. November 15, 2012 at 8:30 A.M.
c. December 27, 2012 @ 8:30 A.M.
d. January 24, 2013 @ 8:30 A.M.
e. February 28, 2013 @ 8:30 A.M.
f. March 28, 2013 @ 8:30 A.M.
Vice - Chairman Morgan asked if there will be applications for public
hearing for the October meeting. Clerk Taylor said there will be one
application, possibly two. There were no conflicts declared.
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 27, 2012 Page 2
VI. PUBLIC HEARING.
There were no declarations of ex -parte communication. Clerk Taylor
administered the Oath to Robert Jones, Dave Bodker, Mark Grant, Martin
O'Boyle and Tom Laudani. Clerk Taylor stated that she received an email
addressed to the Town Commission and Architectural Review and Planning
Board from Mrs. Nancy Touhey of 1200 N. Ocean Blvd. The letter was read
into the record. In her letter, Mrs. Touhey said she is unable to
attend public hearings concerning applications for new homes in the
subdivision. She said she believes the developer failed to live up to
the agreements that supported the Town's approval of the subdivision,
specifically the stipulation that the arbor canopy would not be
destroyed. Mrs. Touhey said she might have been more supportive of the
project if the Banyan tree across from her driveway had not been cut
down. She requested that any approved plans and construction of the six
homes be frequently inspected by the Town to be sure the builder is
abiding by conditions of approval. The letter will be filed with the
Official Records of the Town of Gulf Stream.
Mr. Thrasher responded to Mrs. Touhey's comments saying that he has been
watching the property very closely, he has done daily inspections during
business hours, after hours and on weekends. He said he also inspected
the property at 2:00 A.M. during Tropical Storm Isaac. Mr. Thrasher
said he has observed nothing that was not approved or permitted.
A. Applications for Development Approval (In order of Agenda
rearrangement).
4. An application submitted by Seaside Builders LLC as
agent for Harbor View Estates LLC, owners of property
located at 1222 North Ocean Boulevard, Gulf Stream,
Florida, legally described as Lot 3 Hidden Harbor Estates
Plat Two, according to the plat thereof as recorded in
Plat Book 15, Pages 173 and 174, Public Records of Palm
Beach County.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
the construction of a partial two story single
family Bermuda style dwelling, a 3 car garage with
guest suite, a detached outdoor seating area, a
total of 9,229 square feet, and a swimming pool.
Richard Jones of Richard Jones Architects introduced himself and noted
his team members, including Tom Laudani, the Developer, Mark Grant,
Esq., and Dave Bodker, the Landscape Architectect. He said the six lots
are ready for development and each are similar in their narrow width and
depth, which has created challenges with regard to buffers, setbacks and
rights -of -way. He said they looked at similar communities and found
ways to minimize mass and size and capture courtyards and create outdoor
living space. Mr. Jones described Lot 3 as situated in the southwest
corner of the subdivision with a unique view of Hidden Harbour. The
proposed 2 -story Bermuda Style structure is long and narrow with an
east /west orientation. It is broken up into various masses, including a
detached carriage home connected by an exterior breezeway, a pool deck
terrace and loggia connected to a boat house featuring a small pavilion
above with views of the harbor and storage below, and balconies on the
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 27, 2012 Page 3
front and rear of the home. Mr. Jones said the materials are common,
including smooth stucco and a mitered hip roof.
Mr. Smith asked about the proposed storage area under the boat house.
Mr. Jones said there is 6.5' of headroom under the sitting pavilion for
miscellaneous boating storage. Mr. Smith asked about a meandering wall
on the south side of property. Mr. Jones said it is an existing
retaining wall which was required for subdivision approval. Mr. Smith
asked where Mrs. Touhey's property entrance ties into this property.
Mr. Bodker said it is near Lot 4 at the southeast corner of the
property. He said the tree in question was not within the 15' buffer,
it was a rotted Ficus tree with a lot of vines and it will be replaced
with six native trees which will block views of the property.
Vice - Chairman Morgan asked if there are additional walls planned for
this property. Mr. Jones said there will be 3' entry walls at the front
driveway, 3'4" welcome walls near the front of the home, and terrace
walls at the pool deck that will be 2' at the base with 42" of railing
above, and the piers are 6' tall, but he said 3.5' of that is decorative
railing. Vice - Chairman Morgan commented that the three proposed homes
will be similar, but he said this design is the most attractive because
it is better balanced.
Mr. Smith said the landscaping is the biggest concern for the neighbors.
Mr. Bodker said there are 11 existing trees on the south side, two that
are 40' in height and spread. They will supplement the existing with
12' high Buttonwood and Fishtail palms on the south side and they will
supplement the landscaping on the west side with hedging and trees. He
said there will be layering and overlapping of vegetation for additional
screening around the pool area.
Vice - Chairman Morgan opened the hearing to public comment. Martin
O'Boyle of 23 Hidden Harbour Drive asked Mr. Randolph if the Applicant's
statements made under oath are binding. Mr. Randolph said the ARPB and
the Commission make decisions based on statements made under oath and if
something is done that was not approved it can be revisited and
additional conditions can be imposed. Mr. O'Boyle said he believes the
developer is not abiding by the Agreement between the developer and the
neighbors. He said the canopy was damaged and nothing has been done,
and he said he requested different material for the meandering wall
because it has a commercial look and is not fitting for the Hidden
Harbour Development. Mr. O'Boyle was also concerned with the drainage
saying there has already been flooding on the Himmelrich property. He
said there were modifications to the drainage, it ties into Hidden
Harbour and any drainage modification or tie -in to that community is
subject to a majority vote of its residents. Mr. O'Boyle said there is
no positive drainage, meaning there is no place for the water to go, it
uses Hidden Harbour facilities and their covenants do not allow that.
Another concern is the Interlocal Agreement with Delray Beach. Mr.
O'Boyle said that Delray should have no say in the removal or
installation of trees on the property. He said he has spoken to Mr.
Thrasher and he wrote a letter to Mark Grant, Attorney for the Applicant
concerning these matters.
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 27, 2012 Page 4
Mark Grant said he disagrees with Mr. O'Boyle concerning a majority vote
requirement; however, he said these are private matters and not the
subject before the Board at this time. He explained the flooding issue
on the Himmelrich property saying that a temporary cover was in place
over the drain to avoid blockage and when the cover was removed the
water was gone within an hour. Mr. Grant also said the one tree that
/ was removed was outside of the 15' landscape buffer and it was rotted
and dangerous, but he said it will be replaced.
Mr. Laudani introduced himself, he said he has made great strides with
the property improvements and would like to address these matters with
Mr. O'Boyle privately. Mr. Laudani said he spoke with Mr. Himmelrich
about the flooding weeks ago and since the drain was uncovered there has
been no further water accumulation, even after Tropical Storm Isaac. He
said Mr. Himmelrich called him to thank him and to say there are no
issues. Mr. Laudani said everything has been approved by South Florida
Water Management District and other appropriate authorities and both
systems are working perfectly. He described the stucco meandering
retaining wall as small and low, 24" above grade with aluminum rail
above, and he said there will be lush vegetation and landscaping masking
the wall.
Mr. O'Boyle distributed some documents to the Commissioners for their
information concerning changes to the Hidden Harbour Declaration and how
the changes pertain to the required signatures for approval. Vice -
Chairman Morgan asked Mr. Randolph if there are legal issues beyond the
ARPB that would call for a legal halting of the subdivision and does it
mute what the ARPB is doing today. Mr. Randolph said the Commission
gave final approval of the project and they will make that decision. He
said the ARPB is only required to make a decision based on the
application before them today and not to hear concerns relating to
violations of the subdivision agreement or the agreement with the
neighbors. Mr. Randolph said Staff has looked at many of these issues,
particularly the canopy and drainage, but he said they do not relate to
the architectural review. If the ARPB recommends approval of this
application, he said the Commission will determine if there have been
violations and they will deal with that.
Mr. Randolph said the issue of the western wall may relate to this
application, and he said he is reviewing the agreement between the
neighbors and Harbour Estates. He said where it talks about the
retaining wall it states that it requires the approval of the neighbors.
He said documents such as this may come before you, but the Town does
not have the jurisdiction to enforce covenants. Vice - Chairman Morgan
said he agrees; however, he said the subject agreement was made a part
of the subdivision approval by the ARPB and Commission.
Mr. Randolph commented on Vice - Chairman Morgan's statement that the ARPB
and Commission asked for an agreement between the developer and the
neighbors. He said the request specifically concerned the 15' landscape
buffer, the canopy and drainage, but the agreement also talks about the
western wall and the neighbors having an opportunity to approve it. Mr.
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 27, 2012 Page 5
Randolph said the ARPB and Commission may or may not have commented on
these matters, but he said he believes it is beyond the authority of the
Town Commission to enforce an agreement that never came before them.
However, he said the Commission does have the authority to speak out if
they believe the agreement has been breached.
Mr. Smith asked Clerk Taylor if the neighbors and Mrs. Touhey were
notified of the applications before the ARPB. Clerk Taylor confirmed
that. She explained what the Code requires concerning notification and
stated that she went beyond Code requirements to cover a larger area.
Clerk Taylor said that Mrs. Touhey received a notice and responded.
Mr. Smith moved and Mrs. Jones seconded to recommend approval of Level
III Architectural /Site Plan based on a finding that the proposed partial
two -story single family Bermuda Style dwelling, a 3 -car garage with
guest suite, a detached outdoor sitting area, a total of 9,229 SF, and a
swimming pool meet the minimum intent of the Design Manual and
applicable review standards with the following conditions: (1) The
electric service lines shall be buried; (2) The roof shall be white
(through and through) un- textured, un- coated flat cement tile; (3) Any
minor modifications in the landscape plan shall be submitted to the Town
Manager for review and approval, and any major modifications shall be
brought back to the ARPB for review and approval prior to commencement
of landscaping; (4) Wall and /or fences will be measured from the lowest
abutting grade with a maximum height of 6' including any lighting
fixtures that may be attached; and (5) All chain link fencing will be
screened from neighbors' view. There was no discussion. All voted AYE.
2. An application submitted by Seaside Builders LLC as agent
for Harbor View Estates LLC, owners of property located
at 1220 North Ocean Boulevard, Gulf Stream, Florida,
legally described as Lot 4, Hidden Harbour Estates Plat
Two, a replat of Lots 4, 5 & 6, Golf Course Addition
according to the plat thereof as recorded in Plat Book
15, Pages 173 & 174, Public Records of Palm Beach County,
Florida.
Vice - Chairman Morgan stated that he would rather not address the Overlay
Permit at this time and just concentrate on the house.
a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow the
removal of existing nuisance exotics and extensive
planting of native species and the installation of
an entrance wall and gates, a portion of which is
within the 50' corridor.
(THIS ITEM DEFERRED TO THE OCTOBER 25, 2012 MEETING.)
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
the construction of a partial two -story Bermuda
style single family dwelling, 3 car garage with
bonus room above, 6,603 square feet, and a swimming
pool.
Robert Jones said Lot 4 is similar to Lot 3 in width and depth, but he
said it is the only lot with a direct access driveway onto AlA. He said
there is a formal entry driveway through the motor court, detached
structures connected by covered breezeways, multiple outdoor sitting
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 27, 2012 Page 6
areas, and the house wraps around the pool area. This is a four - bedroom
home with the potential for a fifth bedroom above the garage, which is a
detached structure with a carriage house above. Mr. Jones said Lots 3 &
4 are spec homes and will have some flexibility. He said this
application meets all of the Gulf Stream Code criteria.
Vice - Chairman Morgan said the north and south walls go straight up and
he asked if there is any jogging back between the first and second
floors of the main house. Mr. Jones said the north and south end walls
are continuous, but he said there is a balcony feature extending 4' from
the wall with columns and a shed roof above. Vice - Chairman Morgan said
there are other walls that go straight up without deviation which gives
a massy and unbalance appearance, and he said the garage is also box -
shaped. Mr. Jones said the H -shape of the plan provides stepping and
there are three balconies that offset. He said there is a stairway on
the courtyard side of the garage leading up to the carriage house and
there are small architectural details that wrap around the structure and
break down mass. Mr. Bodker said there will be a tremendous amount of
trees reaching 50' in height which will block the view of the house.
In his review, Mr. Thrasher said he concentrated on second story
coverage in comparison to first story, but did not apply the newer
portion of the Code. He said there have been recent Code changes and
there is a requirement upon the applicant to incorporate certain
architectural features in the design. Mr. Thrasher read from Code Sec.
70 -73, Two -Story Structures (a) In order to limit the construction of
bulkier homes in districts with full second stories with small to medium
lot sizes, the following restrictions shall be used: Ocean West - .70
of first floor area, (b) The use of architectural design features to
provide variation among two -story single family homes is required One
or more of the following features shall be incorporated within facades
facing public or private roadways on any new two -story single family
home in all zoning districts: Second -story setback (minimum 5' setback
in addition to round level front setback); Front porch (minimum 8'
depth; Balcony (minimum 24 SF); Arcade. The Town Commission may waive
this requirement within subsection (b) if the applicant can demonstrate
that these features are inconsistent with the home's architectural style
and that the desired visual variation is provided throuah other
measures.
Mr. Thrasher said one of these elements must be incorporated in the
design and if not, you must demonstrate why. He said a front porch with
a depth of B feet, or a balcony of 24 SF, qualify as a necessary
element. Mr. Jones said there is an entry portico that is 5 feet deep
and could be 8 feet, and he said there are balconies on the east and
west facades, but not on the north and south facades. Mr. Smith said
the homes are too close to each other without incorporating some design
features and he suggested they do more work with the walls and come back
to the ARPB for review. Mr. Thrasher said one option is that the second
story would be set back 5 feet from the first story. Vice - Chairman
Morgan agreed that this application should be withdrawn and revisited.
Mr. Jones said he can incorporate some stepback on the north side. Mr.
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 27, 2012 Page 7
Randolph said an appropriate motion would be to defer to a time certain
to eliminate the need to advertise, and to have the applicant return
with some of the recommended changes. He suggested the architect meet
with the Town Manager to be sure they are in compliance with the Code.
Mr. Smith moved and Mr. Murphy seconded to defer this application and
have the applicant return to the ARPB with the recommended changes at a
time certain of Thursday, October 25, 2012 at 8:30 A.M. There was no
discussion. All voted AYE.
Mr. Jones asked if the Board wished to discuss the Overlay Permit
portion of this application. Vice - Chairman Morgan stated that two of
the Board Members will be leaving at 10:50 A.M., which would result in
the lack of a quorum. Mr. Laudani asked the Board to take a quick look
at Lot 6.
3. An application submitted by Seaside Builders as agent for
Harbour View Estates LLC, owners of property located at
1230 N. Ocean Blvd., Gulf Stream, Florida, legally
Described as Lot 6, Hidden Harbour Estates Plat Two,
being a re -plat of Lots 4, 5 & 6, Golf Course Addition,
Gulf Stream, Florida.
a. NORTH OCEAN BLVD. OVERLAY PRMIT to allow removal of
existing nuisance exotics providing for a 13'
clear zone from the edge of roadway and extensive
planting of native species and installation of a
6'high aluminum rail fence 12' west of the east
property line that will be screened with landscape
material.
(THIS ITEM DEFERRED TO THE OCTOBER 25, 2012 MEETING.)
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of an 8,857 square foot Colonial West
Indies style partial two - story, single family
dwelling, attached 2 car garage with 6' high walls
and fences screened with landscape material around
the property, and a swimming pool.
Mr. Jones said there are similarities to Lots 3 and 4, such as a
detached garage with a carriage house above, loggia connections, entry
wall features and lush landscaping. He said there is a homeowner
involved with this lot and, therefore, this will be a custom home of
Colonial West Indies architecture, there will be different window
articulation and different roof lines, and he said the roof material
l_ will be gray slate -like tile.
Mr. Smith said the north elevation has great setbacks and features and
he asked if the north elevation has straight up walls. Mr. Jones
confirmed that, but he said that can be adjusted. He said Marty Minor
reviewed this design and found it to be in compliance with Code. Mr.
Morgan asked if they were changing the half -moon window. Mr. Jones said
Mr. Minor found this window to be inconsistent with Gulf Stream
Architecture, but he said they feel it works well with the architectural
style. Vice - Chairman Morgan commented that the garage doors open to the
streets, Code requires that they be blocked, and he asked how they will
accomplish that. Mr. Jones said there will be gates.
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 27, 2012 Page 8
Mr. Murphy asked that the roof material be referenced when the
application comes back to the ARPB for vote. Mr. Thrasher said there
will be a sample to view. Mrs. Jones asked the applicant to submit a
second drawing showing an alternative to the half -moon windows on that
particular fagade. The applicant agreed. Mr. Randolph suggested that
before this Meeting is adjourned a motion be made to defer the remainder
of these items to the October 25th Meeting. Mr. Murphy moved and Mr.
Smith seconded to defer this application and the remaining applications
to the October 25, 2012 Meeting. There was no discussion. All voted
AYE.
1. An application submitted by Seaside Builders LLC, as agent
for Harbor View Estates, LLC, owners of property located
at 1224 N. Ocean Blvd., Gulf Stream, Florida, legally
described as Lot 5, Hidden Harbour Estates Plat II, re-
plat of Golf Course Addition Lots 4, 5 & N 92' of Lot 6,
Gulf Stream, Florida.
a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow
removal of existing nuisance exotics.and some native
•trees providing for a 13' clear zone from edge of
roadway.
(THIS ITEM DEFERRED TO THE OCTOBER 25, 2012 MEETING.)
VII. Reorganization of ARPB.
A. Election of a Chairman
Mr. Smith moved and Mr. Murphy seconded to elect Scott Morgan as
Chairman of the Architectural Review and Planning Board. There was no
discussion. All voted AYE.
B. Election of a Vice Chairman
Mr. Smith moved and Mr. Murphy seconded to elect Amanda Jones as Vice -
Chairman of the Architectural Review and Planning Board. There was no
discussion. All voted AYE.
VIII. Items by Staff. There were no items by Staff.
IX. Items by Board Members. There were no items by Members of the
Board.
X. Public. There were no public comments.
XI. Adjournment. Mr. Smith moved and Mr. Murphy seconded to adjourn
the meeting. There was no further discussion. All voted AYE. Chairman
Morgan_,aojourned the Meeting at 10:50 A.M.
6
Administrative Assistant