HomeMy Public PortalAboutPRR 14-1864Kelly Avery
From: Kerry Kilday < Kilday @udkstudios.com>
Sent: Monday, June 23, 2014 8:45 AM
To: Ken Tuma
Subject: FW: PUBLIC RECORDS REQUEST - website comments GS - Character set not allowed
From: freddy farnsworth [ frederick .freddy.farnsworth @gmail.com]
Sent: Sunday, June 22, 2014 9:11 PM
To: Anne Booth
Cc: Kerry Kilday
Subject: PUBLIC RECORDS REQUEST - website comments GS - Character set not allowed
This email is a Public Record Request of public records in the possession of Urban Design Kilday Studios. If you are not
the Custodian of Records for this entity, please forward this email to the Custodian of Records for Urban Design Kilday
Studios, 477 S. Rosemary Avenue Suite 225, West Palm Beach, Florida 33401
Dear Custodian of Records for Urban Design Kilday Studios,
This is a PUBLIC RECORDS REQUEST pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of
the Florida Statutes. I wish to make a public records request of your agency for the following records:
Any records of comments received from Town staff or Town officials about the web site for the Town of Gulf Stream.
If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure
please cite the specific exemption as required by §119.07(1)(e) of the Florida Statutes and state in writing and with
particularity the basis for your conclusions as required by §119.07(1)(f) of the Florida Statutes.
Please take note of §119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this
public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from
other officers or employees within your agency whether such a record exists and, if so, the location at which the record
can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be
responsive to this public records request to preserve all such records on an immediate basis.
If any records are readily available, please produce those records first without waiting for all responsive records to be
available. Produce the less readily available records as soon as they are available.
If the public records being sought are maintained by your agency in an electronic format please produce the records in
the original electronic format in which they were created or received. See §119.01(2)(f), Florida Statutes.
If you anticipate the production of any of these public records to exceed $1.00 please notify me in advance of their
production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total
number of pages and /or records, as well as to distinguish the cost of labor and materials. If any records may be produced
for less than $1.00, please produce those records first while waiting to obtain authorization from me to produce more
costly records. Do not incur any costs that you expect me to pay which are greater than $1.00 until first obtaining my
authorization to do so.
All responses to this public records request should be made in writing to the following email address:
frederick .freddv.farnsworth(&gmail.com
Kelly Ave
From:
Gail C. Abbale < gabbale @gulf - stream.org>
Sent:
Wednesday, January 23, 2013 8:53 AM
To:
Marty Minor
Subject:
Approved Minutes / Last 3 for Commission and ARPB
Attachments:
D00014.PDF; D00015.PDF; D00016.PDF; D00017.PDF; D00019.PDF; D00O20.PDF;
D00018.PDF
Follow Up Flag:
Follow up
Flag Status:
Flagged
Good Morning Marty:
Bill asked me to coordinate with Rita to forward three (3) months of approved ARPB and Commission Minutes to you. I
have attached the following:
Commission
Regular Meeting /Public Hearing
Commission
Regular Meeting /Public Hearing
Commission
Joint Meeting of Commission & ARPB
Commission
Regular Meeting /Public Hearing
Joint Meeting)
ARPB Regular Meeting /Public Hearing
ARPB Regular Meeting /Public Hearing
ARPB Regular Meeting /Public Hearing
Friday, October 12, 2012
Friday, November 9, 2012
Friday, December 14, 2012
Friday, December 14, 2012 (immediately following
Thursday, July 26, 2012
Thursday, September 27, 2012
Thursday, October 25, 2012
The ARPB does not hold a meeting in August. Please contact me if you have any questions concerning the above.
Gail
Gail C. Abbale
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Phone: (561) 276 -5116
Fax: (561) 737 -0188
gabbale@gulf-stream.org
MINUTES 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 26, 2012 AT 8:30 A.M. IN THE TOWN HALL, 100
SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order
8:30 A.M.
II. Roll Call.
Present and
Participating
III
Absent w /Notice
Also Present and
Participating
Chairman Ganger called the Meeting to order at
Robert W. Ganger
Scott Morgan
Tom Smith
Malcolm Murphy
Thomas M. Stanley
Paul Lyons
Amanda Jones
William H. Thrasher
Rita L. Taylor
John Randolph
Roger Cope, Architect
Cope Architects
Benjamin Shrier, Arch
Affinity Architects
Jeff Brophy of Land
Design South
Robert Vale, Kolter
Jim Boyce, Kast Const
Chairman
Vice - Chairman
Board Member
Board Member
Alt. Member sitting as
Board Member
Board Member
Alt. Member
Town Manager
Town Clerk
Town Attorney
Agent /Tom Stanley
Agent /4001 N. Ocean W.
Agent /4001 N. Ocean W.
Rep. 4001 N. Ocean W.
Rep. 4001 N. Ocean W.
Vice - Chairman Morgan moved and Mr. Smith seconded
Minutes of the Regular Meeting and Public Hearing
1012. There was no discussion. All voted AYE.
IV. Additions, withdrawals, deferrals, arrangement of
There were no chanqes.
6- 28 -12.
to approve the
of June 28,
V. Announcements.
A. Meeting Dates
1. Regular Meeting & Public Hearing
a. No meeting in August
b. September 27, 2012 @ 8:30 A.M.
c. October 25, 2012 @ 8:30 A.M.
d. November to be determined
e. December 27, 2012 @ 8:30 A.M.
Clerk Taylor said the Town Commission will not be changing their
November Meeting Date and she suggested that the ARPB act today on
scheduling their November Meeting. Mr. Smith suggested Thursday,
November 15, 2012 at 8:30 A.M. There was no further discussion. All
agreed.
Regular Meeting and Public Hearing
Town Commission - July 26, 2012 Page 2
VI. PUBLIC HEARING.
A. Applications for Development Approval
Chairman Ganger asked for declarations of ex -parte communication
concerning either of the applications being heard. Chairman Ganger
stated that he was involved in discussions at the beginning of the
development of 4001 N. Ocean Blvd. East, which was over a year ago, and
he said it would not pertain to this matter. There were no other
declarations of ex -parte communication. Tom Stanley, ARPB Alternate
sitting in as Board Member, stated that he is the owner of the property
located at 3524 Oleander Way, he recused himself from that portion of
the hearing and left the room. Clerk Taylor administered the Oath to:
Roger Cope of Cope Architects, Agent for Stanley; Ben Shrier of Affinity
Architects and Jeff Brophy of Land Design South, Agents for 4001 N.
Ocean West; Bob Vale of Kolter Homes; and, Serge Della Ville, Gulf
Stream Resident.
1. An application submitted by Roger Cope, as Agent for
the owners, Thomas & Kirsten Stanley, of property located
at 3524 Oleander Way, Gulf Stream, Florida, which is
legally described as Lot 57, Gulf Stream Properties No. 2
together with that portion of the South half of the right -
of -way known as Pandanus Rd. lying North of adjacent Lot
57, Gulf Stream, Florida.
a. SPECIAL EXCEPTION to permit air conditioning equipment
to encroach approximately 2' into the South side
setback.
b. DEMOLITION PERMIT to remove a portion of existing West
wing and the existing one car garage.
c. LEVEL 3 ARCHITECTURAL/ SITE PLAN REVIEW to permit
demolition of a portion of the West wing and existing
one car garage, the addition of a two car garage and
expansion of the West wing, a total of 1,492 sq. ft.
to the existing 1- story, single family historic Polo
Cottage, and to permit an encroachment of
approximately 2' into the South side setback to
accommodate air conditioning equipment.
Roger Cope of Cope Architects introduced himself and stated that he is
representing Mr. and Mrs. Stanley in the renovation of their home. He
said it is a sprawling, very linear home with a swimming pool in the
rear. Mr. Cope said they are proposing a modest renovation of the
historic Polo Cottage which is just south of Gulf Stream School. Mr.
Cope said Gulf Stream Rd. runs along the rear of the property where most
of the proposed improvements will take place. He said the existing 1-
car garage will be expanded to a 2 -car garage, and the existing rear
wing, which includes a bedroom, bathroom, a laundry facility and a
breezeway, will be deconstructed to make it about 4' wider and slightly
longer, and the breezeway will cut through from the new garage to the
swimming pool.
Vice - Chairman Morgan asked where the bulk of the additional square
footage will be going. Mr. Cope said the garage is doubling in size, so
the bulk of the additional square footage is the garage and the strip
Regular Meeting and Public Hearing
Town Commission - July 26, 2012 Page 3
that will be added to the West wing. Mr. Smith asked if they will be
replacing the roof. Mr. Cope said the existing asphalt shingle roof is
too low and will be coming down, but he said they will match the
existing material. He said the windows in the new wing and garage will
match the esthetic look of the existing single -hung aluminum windows,
and the existing exterior color of the house, which is white, will not
change. The breezeway will be open -air, but covered, and there will be
French doors going into the kitchen area of the wing. Mr. Cope said
they are asking approval to allow the A/C equipment to sit outside of
the garage and encroach 2' into the south side setback; however, he said
there will be no infringement on the neighbors.
Members of the Board agreed that the proposed improvements will preserve
and enhance the property. Chairman Ganger said this home may have once
been used as living quarters for the polo groomsmen and it is one of the
10 oldest homes in Gulfstream. There were no further comments from the
Board, Staff or the public. Mr. Smith moved and Mr. Murphy seconded to
recommend approval of a special exception to permit air conditioning
equipment to encroach approximately 2' into South side setback. There
was no discussion. All voted AYE. Mr. Smith moved and Mr. Murphy
seconded to recommend approval of a demolition permit to remove a
portion of an existing West wing and the existing one -car garage. There
was no discussion. All voted AYE. Mr. Smith moved and Mr. Murphy
seconded to recommend approval of a Level III Architectural /Site Plan
based on a finding that the proposed demolition of a portion of the West
wing and existing one -car garage, the addition of a two -car garage and
expansion of the West wing, a total of 1,992 SF to the existing 1- story,
single family historic Polo Cottage, and to permit an encroachment of
approximately 2' into the South side setback to accommodate air
conditioning equipment meet the minimum intent of the Design Manual and
applicable review standards. There was no discussion. All voted AYE.
Mr. Stanley returned to the Dias.
2. An application submitted by James Boyce as agent for OK
Seahorse, LLLP, owners of the property located at 9001 N.
Ocean Blvd. on the West side of State Road AlA, legally
described in metes and bounds.
a. The construction of two buildings, one of Georgian and
one of Anglo Caribbean architectural style,
containing a total of five 2 -story villas.
Mr. Randolph said the Board has before them the signed Stipulation and
the Memorandum from Mr. Thrasher. He explained that the applicant had
vested rights under Palm Beach County and now, as a result of the
annexation, the Town's Zoning Code applies. Mr. Randolph provided some
history saying that the applicant submitted a preliminary plan months
ago which was not acceptable. The Mayor and Town Staff met with the
applicant, they negotiated with them for several months, and now they
are back with a new proposal. He said they were entitled to seven units
under Palm Beach County, but only five units under the Town's Code.
Regular Meeting and Public Hearing
Town Commission - July 26, 2012 Page 4
Mr. Randolph said they compromised on design and density, the design and
density have come a long way and they are now proposing five units. He
said to avoid further dispute, this will be presented to the Commission
as a compromise settlement, and he said the Board's action today is to
review the application and make their recommendations to the Town
Commission. Vice - Chairman Morgan asked where they compromised. Mr.
Randolph said the compromise was the number of units per acre, the
architectural design, and he said the setbacks were greater in the
previous design. Chairman Ganger reminded the Board that the 4001 N.
Ocean Blvd. project was opposed by the Community prior to the annexation
and the developers worked with the Town and made compromises at that
time. He said this design has come a long way from the original idea
for developing the west side of AlA, which did not come close to
compliance with Town Code.
Benjamin Shrier of Affinity Architects introduced himself. He said the
structure was divided into two masses to appear more like two single
family homes, one of Georgian architecture and one Anglo Caribbean. Mr.
Shrier said each structure is rectangular in configuration, they will
have simple fagade treatment, and they reduced the visibility of the
garages from the street. He said the 2 "d story mass was reduced to 70%
of the l't floor and the height restrictions have been met, with one
structure at 30'8" and the other at 32', and he said there is a 2 -story
eave height of 22'. Mr. Shrier displayed a drawing showing the height
comparison to the neighboring structures which indicated that the two
structures are shorter than adjacent structures. Other drawings showed
the entire site with the Georgian structure to the north and the Anglo
structure to the south, and proposed landscaping along the front of the
property which faces AlA.
Chairman Ganger said he would like to see a drawing showing what will be
behind the structures. Mr. Shrier said the landscape drawings will show
what the rear of the structures will look like. Mr. Smith asked if the
mass of the structure will fit inside the smallest line of space. Mr.
Shrier said the smallest line occurs along the 2 -story portions, and in
order to avoid seeing five garage doors directly facing Ocean Blvd., two
free standing, one -story garage structures were designed to place one at
each end of the property. Mr. Smith asked if the entrances to the
property will line up with the entrances to the property on the East
side of AlA and Mr. Shrier confirmed that. Chairman Ganger asked if the
West side residents will have access to the East side amenities. Mr.
Vale stated that they will have beach access and access to the pool and
fitness center. He also stated that FDOT permit requires that the
entrances on both the East and West sides of AlA are in alignment.
Jeff Brophy of Land Design South introduced himself, he displayed the
proposed landscape graphic, streetscape and a rendering of the landscape
you will see when driving by the property. He displayed a rendering of
the interior landscape plan and the front fagade of the structures, and
he said the formal landscaping will be along AlA and in the front of the
property. Plantings at the north and south corners of the property will
be very heavy to provide adequate screening of the garages, a line of
Regular Meeting and Public Hearing
Town Commission - July 26, 2012 Page 5
Australian Pines and a 4 -foot Ficus hedge will be planted along AlA,
with canopy and flowering trees at the north and south corners. Mr.
Brophy said there will be accent palms and plants at all unit entrances,
with shorter palms along the structures, Sea Grapes will be planted
along the north and south elevations, and lush plantings and flowering
trees will be located in the rear of the property, along with a 4 -foot
retaining wall to provide screening and privacy. Each unit will have a
private patio, a small sod area and a modest pool.
Mr. Brophy said the private courtyards have individual gate systems and
guest parking, the two accessory garages structures have separate gate
systems and guest parking and there is another guest space in the open
court. Each garage is a 2 -car garage, except for one interior garage
which holds 2 cars and a golf cart. Mr. Brophy said the idea was to
create the court, turn the garages in on the project, place the
accessory garage structures at the north and south corners and turn them
in as well. He displayed a simplified drawing of the setbacks for the
units and the accessory garages saying that they met the 78' setback
from the center line of AlA and the 25' rear setback for each unit.
Each end unit has a 201•setback from the property line. The accessory
structures have a 60' setback to the center line and a 15' side setback
to the north and south.
Mr. Smith asked if there is living space above the inside garages and
Mr. Shrier said there is no living space over the garages. Mr. Smith
asked if the two accessory garage structures would have ordinarily been
approved. Mr. Thrasher said, due to the size of the accessory garages,
they are not minor accessory structures in single family terms, but if
they were single family structures the 15' setback would be acceptable.
He said the tradeoff is that the garages would not face the street and
the architects said they could do that, but there would have to be a
give and take on the setbacks. Chairman Ganger commented that Polo
Ridge could not get equipment between the structures and the property
line when painting their soffits, and he said they asked L'Hermitage if
they could bring the equipment on their property. He asked if there
would be similar issues with their side setbacks. Mr. Brophy said it is
a normal side yard with 15' and 5' of buffer.
Vice - Chairman Morgan commented that the Developer has made substantial
attempts to comply with Town Code, and he asked Mr. Thrasher if there
were other inconsistencies besides the garage setbacks. Mr. Thrasher
referred to the second sentence of his Memorandum which states that the
proposal complies with either the County's land use regulations as of
the date of annexation or the land use regulations planned for the West
parcel by the Town. He said there were inconsistencies such as front
setback of garages, maximum building lengths, maximum fagade length
without breaks, lot coverage, landscape buffer and percentage of glass
on the west elevation. Mr. Smith asked if there were any comments from
neighboring properties. Clerk Taylor said 50 notices went out to
neighbors and only one neighbor responded, and she said he is present
today.
Regular Meeting and Public Hearing
Town Commission - July 26, 2012 Page 6
Chairman Ganger asked how many single family homes would Town Code have
allowed and Mr. Thrasher said two would have been allowed. Mr. Thrasher
asked Mr. Brophy what density would have been allowed by County Code and
Mr. Brophy said seven units would have been allowed and they would have
allowed more lot coverage than the Town. Mr. Thrasher said the Town's
allowable height restriction 35' and they are proposing between 32' and
331, and he added that the layered and intensive landscape plan, which
will include over 120 trees, is a result of discussions with the
developers. Vice - Chairman Morgan asked how the design of the buildings
would be affected if they brought the lot coverage back to the required
30 %. Mr. Shrier said they would lose significant portions of the units.
Chairman Ganger asked about the size of the units. Mr. Shrier said they
range in size from 3,521 SF to 3,912 SF, excluding covered patios and
garages. Chairman Ganger asked about the exterior color. Mr. Boyce
said it will blend with 4001 N. Ocean East, which is a creamy tan.
In closing, Mr. Vale said the developers and architects worked closely
with Mayor Koch, Mr. Randolph and Town Staff and they have complied in
every possible way. He thanked everyone for their assistance and
cooperation in allowing them to get to this point.
Serge Delaville of 425 N. County, located just behind the subject
property, said as long as the Town is going to do what is best for Gulf
Stream, he is not against this project. However, he said neighboring
residents were inconvenienced during the construction of 4001 N. Ocean
Blvd. with noise and heavy dust. Mr. Delaville said it would have been
helpful if residents were better informed during that project. He said
a temporary fence was installed, but most of the noise came from the
construction trailers during the night and early morning. Mr. Delaville
said residents were hoping for a smaller project with a more charming
look on the west side. He asked that neighboring residents be better
informed of what to expect and when during the construction. In
closing, Mr. Delaville wished everyone good luck with the project.
Chairman Ganger said, during the construction of 4001 N. Ocean Blvd.
East, Bellamar and Ballentrae were in constant contact with the Kolter
Group and they had Kolter attend HOA meetings so that they were aware of
everything that was going on. He requested that, as best as possible,
construction schedules be made available to residents. Mr. Thrasher
said the Town will do whatever they can to give proper notice. Mr.
Delaville asked who owned the path to the beach. Tom Hill, Property
Manager of Ballentrae, stated that it is their property and it is not a
public right -of -way.
Vice - Chairman Morgan said he was not aware of the lengthy conversations
between Mayor Koch, Town Staff, Town Attorney and the developer of the
property, and he said it strikes him that this comes to the ARPB as a
late July submittal. He said the issue is whether the applicant
received vested development rights when they purchased the property, and
whether or not the vested development rights continue on through an
annexed property like Gulf Stream. Vice - Chairman Morgan said he would
think those rights would not apply to annexed property in a new town,
Regular Meeting and Public Hearing
Town Commission - July 26, 2012 Page 7
that is the Town did not change the Code, but the property was brought
in by popular vote into the new Town and, therefore, should be covered
by that Town's legitimate Code. He said the key to our land development
Code is lot coverage and he views this as another congested property
being placed within the Town. Vice - Chairman Morgan said it needs to
comply with our Code in every way. He said the design is good, the
landscaping is well done, but he said it is the mass that bothers him.
Mr. Randolph said the annexation statute provides that, after a property
is annexed, the regulations of the entity of which they were in prior to
annexation travel with the land until the Town makes their decision
otherwise in its Code. He said the applicant submitted their
application prior to the final reading of the changes to the Code. Mr.
Randolph said, with regard to lot coverage, some of the discrepancies
already existed in our Code when they came in under annexation.
Mr. Smith commented that neighbors will be impacted by this construction
and finished project, and he said he would have preferred to have heard
from more residents before making a decision. He referred to the Spence
property where feedback from residents came in after the fact because
everyone was gone for the summer. Mr. Smith asked the developer when he
would like to start the project if this is approved within the next
couple of months. Mr. Vale said they wanted to start the project while
they had personnel on site and hoped the project would be complete by
this time next year. He said this was not intentional timing, it just
took a while to get to this point.
Mr. Stanley said a 3 -unit building is not as appealing as a single
family home and mass is somewhat questionable, but he said the height is
good and there is adequate parking with the garages. Mr. Murphy
commented that this is a unique situation and it seems there has been a
lot of bending to accommodate. Chairman Ganger asked the developer if
they could provide something in their presentation to the Commission
that will offer a better understanding of what the project will look
like. Mr. Vale said they will use today's feedback and will provide
additional graphics.
Mr. Stanley moved to recommend approval of the construction of two
buildings, one of Georgian architecture and one of Anglo- Caribbean
architecture, consisting of a total of five 2 -story units, at 4001 N.
Ocean Boulevard West (West side of AlA). Mr. Randolph said that Mr.
Thrasher wanted the stipulation to be approved, but he said all that was
needed is the way the motion was stated. Mr. Stanley amended his motion
as follows: Mr. Stanley moved and Mr. Murphy seconded to recommend
approval of the proposed architectural design and site development plan
after the stipulation agreement has been signed and recorded, in regard
to the construction of two buildings, one of Georgian architectural
style and one of Anglo- Caribbean architectural style, consisting of a
total of five 2 -story units, at 4001 N. Ocean Boulevard West (West side
of AlA). There was no discussion. Roll Call: Mr. Stanley, AYE; Mr.
Morgan, NO; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The
motion passed by a vote of 4 - 1.
Regular Meeting and Public Hearing
Town Commission - July 26, 2012
Page 8
Chairman Ganger asked the Developer to provide more information in their
presentation to the Town Commission on August 10th to give them a better
idea of what the finished product will look like.
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. Mr. Smith moved and Mr. Murphy seconded to adjourn.
The Meeting was adjourned at 10:25 P.M.
Gail C. Abbale
Administrative Assistant
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM,
FLORIDA ON THURSDAY, OCTOBER 25, 2012 AT 8:30 A.M., IN THE TOWN HALL,
100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order
8:35 A.M.
II. Roll Call.
Present and
Participating
Absent w /Notice
Also Present and
Participating
Chairman Morgan called the Meeting to order at
Scott Morgan
Amanda Jones
Malcolm Murphy
Paul Lyons
Beau Delafield
Tom Smith
Ann Aker
William Thrasher
Rita Taylor
John Randolph
Hope Calhoun, Esq. of
Greenspoon, Marter
Tom Laudani of Seaside
Builders
Richard Jones of
Jones Architects
Dave Bodker of
Dave Bodker Landscape
& Architecture
Joe Pike of
EnviroDesign
Martin O'Boyle, Res.
Chairman
Vice - Chairman
Board Member
Board Member
Alt. Member sitting
As Board Member
Board Member
Alt. Member
Town Manager
Town Clerk
Town Attorney
Rep. Applic. /Developer
Tom Laudani
Applic. /Developer
Architect /Harbour View
Landscape Architect/
Harbour View
Engineer /Harbour View
2300 N. Hidden
III. Minutes of the Regular Meeting and Public Hearing of 9- 27 -12.
Mr. Murphy moved and Vice - Chairman Jones seconded to approve the Minute
of the Regular Meeting and Public Hearing of September 27, 2012. There
was no discussion. All voted AYE.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
Mr. Thrasher requested to re- arrange the Public Hearing Agenda to be
heard as follows: Item VI.A.2.b., VI.A.3.b., VI.A.l.a., 2.a., 3.a.,
Item VI.4.a.,b.,c.,d. There were no objections. Chairman Morgan noted
Harbour Dr.
George Elmore, Res.
1320 N. Ocean Blvd.
Bill Himmelrich, Res.
N. Ocean Blvd.
Lisa Morgan, Res.
1140 N. Ocean Blvd.
Ben Schrier of
Arch. /3333 N. Ocean
Affinity Architects
Joe Peterson of
Landscape Architect/
Peterson Design Prof.
3333 N. Ocean
Guy Flora of
GC/3333 N. Ocean
Mark Timothy Construction
Tom Murphy, Esq.
Rep. Audrey Schwartz
Audrey Schwartz, Res.
3265 N. Ocean Blvd.
III. Minutes of the Regular Meeting and Public Hearing of 9- 27 -12.
Mr. Murphy moved and Vice - Chairman Jones seconded to approve the Minute
of the Regular Meeting and Public Hearing of September 27, 2012. There
was no discussion. All voted AYE.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
Mr. Thrasher requested to re- arrange the Public Hearing Agenda to be
heard as follows: Item VI.A.2.b., VI.A.3.b., VI.A.l.a., 2.a., 3.a.,
Item VI.4.a.,b.,c.,d. There were no objections. Chairman Morgan noted
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 2
that Tom Murphy, Esq., is involved in Item VI.4 and has to be in court
this morning. He said, depending on how the meeting goes, Mr. Murphy
may be taken out of turn to make his presentation.
V. Announcements.
A. Meeting Dates
1. Regular Meeting & Public Hearing
a. November 15, 2012 at 8:30 A.M.
b. December 27, 2012 @ 8:30 A.M.
c. January 24, 2013 @ 8:30 A.M.
d. February 28, 2013 @ 8:30 A.M.
e. March 28, 2013 @ 8:30 A.M.
f. April 25, 2013 @ 8:30 R.M.
Chairman Morgan noted that the November Meeting will be held early in
the month and asked if anyone had a conflict. There were no conflicts
with the Meeting Dates.
VI. PUBLIC HEARING.
Chairman Morgan asked if there was Ex -parte communication concerning any
of the items being heard today. Mr. Morgan stated that he spoke with
Mr. Laudani last week regarding some of the matters discussed at the
previous meeting explaining why items were deferred to this meeting.
There were no further declarations of Ex -parte communication.
Clerk Taylor administered the Oath to the following individuals who were
planning to testify during this Public Hearing: Hope Calhoun, Esq., Tom
Laudani, Richard Jones, Dave Bodker, Joe Pike, Bill Himmelrich, George
Elmore, Martin O'Boyle, Tom Murphy, Esq., Audrey Schwartz, Lisa Morgan,
Ben Schrier, Joe Peterson and Guy Flora.
Hope Calhoun, Esq., introduced herself and said she is present on behalf
of the Applicant. She thanked the ARPB for their consideration and said
they have gone through many drafts working with Town Staff and they
believe the application has satisfied all architectural requirements.
Ms. Calhoun stated that, due to possible time constraints, all testimony
should be focused primarily on architectural review and then the
overlay. She said issues of the plat were heard previously and are not
necessarily relevant today. Ms. Calhoun requested the opportunity to
re- address the Board following the presentation to respond to any
questions or comments.
A. Applications for Development Approval
2. An application, deferred from Public Hearing held
September 27, 2012, 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.
a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow the
removal of existing nuisance exotics and extensive
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 3
planting of native species and the installation of
an entrance wall and gates, a portion of which is
within the 50' corridor.
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, 8,603 square feet, and a swimming
pool.
Richard Jones introduced himself and thanked the Board for recommending
approval of Lot 3 and said it did go through the Commission and received
approval. He said they received good comments from the ARPB at the last
meeting relating to the Town's new ordinance addressing two -story mass
and the appropriate methods of addressing the issue.
Mr. Jones said the proposed 2 -story Bermuda Style structure will sit on
the southeast lot. He said they addressed the issue of mass by breaking
down the house into various portions interconnected by covered roofs,
and they created courtyards to capture outdoor space. He said the color
scheme is the traditional off -white with black shutters and white
mitered roof. To address mass on the second floor, two balconies were
added on the south elevation facing the private road and one on the
north elevation facing another lot, all of which are a minimum of 24 SF
and consistent with the two proposed balconies on the east elevation.
In addition, they did overlays of the existing landscape and Mr. Jones
said Dave Bodker created elevations showing the existing 15' no -cut zone
landscaping as well as the proposed new landscaping, which will screen
the entire south elevation of the home and provide ample screening on
the north, east and west elevations as well.
Mr. Jones said that Dave Bodker will review the proposed landscaping,
Joe Pike will address any drainage questions, and the Developer, Tom
Laudani, will any questions. Chairman Morgan asked what the distance
will be from AlA to the gate and then to the house. Mr. Jones said it
will be 50 feet to the gate and 9819" feet to the house. Chairman
Morgan asked if the additional balconies are identical and asked for
their depth. Mr. Jones said they are identical and they are 4' deep by
6' wide, 24 SF. Chairman Morgan asked if the addition of the balconies
meets Code. Mr. Thrasher confirmed that saying Section 70 -73, Two -
story, provides four options that can be used to break massing of the
fagade and one option is the use of balconies that are a minimum of 24
SF.
Dave Bodker introduced himself. He said they depicted the proposed and
existing vegetation to show how all elevations will be seen from
different property lines. Mr. Bodker said there are 19 existing trees
along the south property line which will remain and any gaps will be
filled in with Buttonwood trees or Fishtail palms, and a series of under
plantings with various hedging. On the north elevation which faces the
interior, they will plant tall Sable palms at higher elevations of the
house and smaller trees throughout. The west elevation will also be
seen from the interior and shade trees will be planted in several
locations to break up the garage. The east elevation will be seen from
AlA, there are a large number of existing trees along the east elevation
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 4
that will be filled in with additional plantings and there will be
additional vegetation on the north side of the entrance gate to provide
sufficient screening.
With regard to the wall on the south elevation as you drive down Hidden
Harbour Road, Mr. Lyons asked if existing vegetation will block the wall
on the south elevation. Mr. Bodker said they have already planted a 5'
high Buttonwood hedge along the wall which will eventually block the
wall, and he said there is also hedging on the top of the wall and along
the interior of the wall.
George Elmore introduced himself and questioned the Minutes of the
9/27/12 ARPB Meeting where on Page 4, Paragraph 2, it says Mr.
Himmelrich is happy with the drainage and there are no issues. Mr.
Elmore the drainage system works, but he said there are issues if it is
not properly maintained everyone in the 1300s will be flooded and it
must be resolved. He said Mr. Laudani is working on it and informed him
that documents were sent to his attorney, but they have not been
received. Chairman Morgan noted that this was covered in the last
meeting and the conclusion was that it should be brought to the
Commission for further pursuit. He said Staff will make record of Mr.
Elmore's comments in the Minutes of this meeting. Ms. Calhoun confirmed
that documents were sent to Mr. Elmore's attorney about two weeks ago.
Lisa Morgan introduced herself and said she would like to address
landscape issues exclusively and asked if the Board would hear her
presentation at this time or wait until after the building has been
addressed. Chairman Morgan said they will address the buildings and the
immediate landscape designs first. He said there is a separate
application for the overlay permit with the Australian Pines, which will
be addressed separately at the conclusion of the building. Mr. Thrasher
said there are two actions to be taken, one of which is on Level III and
the other is a portion of this property abutting N. Ocean Blvd. where
there is request for the creation of a clear zone on the east side.
Chairman Morgan recommended addressing all questions on building and
then move into the Overlay Permit.
Vice - Chairman Jones commented that she really liked the addition of the
balconies, which improves all facades of the building. Martin O'Boyle
introduced himself and asked if there is a requirement under the Code
for positive Drainage. Mr. Thrasher said the requirement is for the
individual lots and properties to retain the first 1" of runoff on their
site by either positive outfall or exfiltration trenches, or a
combination of both. He said Delray Engineering will be verifying that,
but he said the requirement is not restrictive to just positive outfall.
Mr. O'Boyle agreed saying there are two alternatives, positive outfall
and retention, and asked if runoff will be retained on site. Mr.
Laudani asked Mr. Pike to answer the question and Ms. Calhoun stated
that Mr. Pike can answer the question generally because drainage is not
before the Board today. She said drainage issues were handled with
respect to the plat during a previous hearing. Chairman Morgan said
much of this was covered at the last meeting, but he said it involves
our Code, which relates to ARPB activity. He asked Mr. O'Boyle to make
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 5
his points so they are of record and then Mr. Pike may give a brief
response; however, he said it may or may not impact the Board's decision
today.
Mr. O'Boyle asked Mr. Pike if the drainage required under the Code is
positive or retained on site. Further, Mr. O'Boyle said there is no
positive drainage, the drainage system installed is hooked into the
drainage of Hidden Harbour Estates, and he said there is a declaration
of record prohibiting any modification without agreement of the property
owners. He expressed concern for the new homeowners who may later find
out they have no rights, and he said, after what Mr. Elmore and Mr.
Himmelrich experienced, he does not believe there is positive drainage
and they should take a closer look. Mr. O'Boyle said the ARPB is
obligated to protect homeowners and he asked if anyone present could
show they have positive drainage.
Mr. O'Boyle mentioned three large signs on the property between his home
and the property previously owned by Mr. Wheeler property that were
erected by the Developer and are prohibited. Chairman Morgan said the
issue of signs should be brought to the Town Manager. He said the point
raised with regard to drainage is legitimate and it should be brought
before the Town Commission. Mr. Randolph said it is relevant to the
ARPB that the first 1" of rainfall is retained on the property because
it deals with individual lots, and he said Mr. Pike may want to address
that. Mr. Pike introduced himself and said that legal positive outfall
and outside retention meet the requirements of the City of Delray Beach,
South Florida Water Management District (SFWMD), the Town of Gulf
Stream's Engineering Consultant and two independent drainage engineers
hired by the neighbors. He said there is a series of on -site collection
inlets and two positive outfall pipes to the Intracoastal, which is
State water. Mr. Pike said Hidden Harbour has a drainage easement, but
they tied directly into the waters of the State. He said they are
working on a maintenance and inspection schedule and have covered
everything required by law and then some.
Mr. Himmelrich introduced himself and stated that he did tell Mr.
Laudani the system is working, but he said his concern is whether it
will continue to work. He said there is an agreement between the
neighbors and the Developer and he is concerned about the Developer
honoring the agreement with regard to drainage, landscaping or any other
issue. Mr. Himmelrich said he discussed this with the Town Manager and
the general response is that it is not a matter of the Town, but rather
a civil matter. He said he would like to go on record saying that if
the Town approves any changes in the buffer it would specifically
contradict the agreement the neighbors have with the Developer because
the buffer is outlined with measurements. Mr. Himmelrich said he
disagrees with Mr. Pike in that the drainage they installed was not set
forth to the neighbors prior to installation. He said they are
satisfied the system is currently working, but it was not approved as it
was supposed to have been done according to the agreement. He said it
may be seen as a civil matter and not a matter of the ARPB or the
Commission, but it is important to know that the agreement between the
neighbors and the Developer is in place.
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 6
Tom Laudani introduced himself and said he would like to address Mr.
Himmelrich's comments. He said his attorneys supplied Mr. Elmore's and
Mr. Himmelrich's attorney with a draft of the drainage agreement for
maintenance two weeks ago. He said he signed a private maintenance
agreement with Centerline Utilities for semi - annual maintenance of the
system due to concerns of drains clogging with leaves, etc., and he said
he will continue to work with Mr. Himmelrich and Mr. Elmore to satisfy
their concerns of drainage system maintenance. In addition, Mr. Laudani
said the signs that are in place were approved by the Town in terms of
location prior to their installation.
Chairman Morgan suggested moving on with the architectural review of Lot
4, and he said the next point in the application is the Town's
requirement of planting Australian Pines. Mr. Thrasher asked that the
Board take action on the Level III at this point due to some concerns
regarding the clear zone. To clarify, Mr. Randolph asked Mr. Thrasher
if he is suggesting all matters relating to the clear zone come at the
end of the Agenda and that the Board vote on the Level III first. Mr.
Thrasher confirmed that. Chairman Morgan said the Level III relates
strictly to the architectural plan before the Board and the immediate
landscaping of the structure.
Mr. Lyons moved and Mr. Murphy 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 a
bonus room, a total of 8,603 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,
uncoated flat cement tile.
3. Any minor modification 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 8' including any lighting fixtures that
may be attached.
5. All chain link fencing will be screened from neighbor's view.
There was no discussion. All voted AYE.
3. An application, deferred from Public Searing of
September 27, 2012, submitted by Seaside Builders as
agent for Harbor 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
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 7
6'high aluminum rail fence 12' west of the east
property line that will be screened with landscape
material.
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.
Ms. Calhoun said their Architect will present the architectural features
of this home and reminded the Board that all non - related issues should
be considered, but that the focus remains on what is before them. She
requested time to re- address the Board at the conclusion of this
presentation to respond to any questions or comments.
Mr. Jones said this particular home is under contract, and he described
the proposed structure as a long and narrow Colonial West Indies Style,
changing mass from one -story to two -story with a garage connected by a
loggia and a carriage house above. He said they contacted Marty Minor
of Urban Design Kilday Studios and Mr. Minor corresponded by letter with
his interpretation of the Code regarding two -story mass. Mr. Jones said
the Code provides options to address second -story mass, one of which
allows the applicant to propose an alternative in the event the other
options are not consistent with the architectural style. He said they
are proposing an alternative that is consistent with the Colonial West
Indies style. Mr. Jones explained that the second story will be a
different color and will have a clapboard -look siding, and the roof will
be a gray flat slate -look tile with mitered ridges. Mr. Jones said at
the last meeting Vice - Chairman Jones commented on the half -moon window
and felt it was not consistent with the architectural style, and he said
they are now proposing an alternative half -moon window with a flatter
arch.
Mr. Jones summarized the landscape overlay saying they presented the
existing 15' no -cut zone landscaping with the proposed additional
landscaping. He said you will barely see the home on the north
elevation, the south elevation is internal to the community and you will
see a mix of landscape and architecture, and the east and west
elevations are the same. Chairman Morgan said the wall along the north
elevation appears to be uneven. Mr. Bodker said it is existing
vegetation which is up to 18 feet high, and he said there is a gap where
the drainage swale to the catch basin goes through where they are
proposing new trees of about 20 feet high to plank the swale and to
block the house. Mr. Lyons asked if the gap along the north elevation
will be closed. Mr. Bodker said there is an easement there, but he said
the proposed additional plantings will eventually close the gap.
Chairman Morgan asked if the Board Members had questions or comments.
Vice - Chairman Jones said she likes the flatter- arched design of the
half -moon window. Mr. Lyons expressed concern about possible loss of
existing vegetation and vegetation put in place to screen architecture
in both the buffer zone and throughout individual lots. He said he
would like to have something put in place to enforce replacement to
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 8
maintain the approved landscape plan. Mr. Himmelrich stated that he
lives very close to the property and expressed similar concerns with
regard to open spaces and gaps in the landscaping. Mr. Laudani and Mr.
Bodker assured the Board and Mr. Himmelrich that there will be
sufficient landscaping for screening and it will be maintained in the
future. Mrs. Morgan requested that the ARPB make a specific
recommendation to the Commission concerning maintenance of the buffer
around the entire development.
During this discussion concerning the protection and maintenance of
existing and new vegetation both in the buffer area and throughout the
property, it was suggested that a landscape agreement could be put in
place or deed restrictions applied to individual lots. Mr. Randolph
said he would work with the Applicant's attorney, Mark Grant, to put
documentation together.
Mr. Murphy moved to recommend approval of Level III Architectural /Site
Plan based on a finding that the proposed partial two -story single
family 8,857 SF Colonial West Indies style dwelling, attached 2 -car
garage, with 6' walls and fences, screened with landscape material
around the property and a swimming pool meet the minimum intent of the
Design Manual and applicable review standards with the following
conditions:
1. Replace the two half -moon windows as shown on the north and south
elevations with the proposed alternative design as presented.
2. The electric service lines shall be buried;
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;
5. All chain link fencing will be screened from neighbor's view; and,
6. A recommendation to the Town Commission to set a condition through
documents and provisions that the landscaping in the buffer areas as
prescribed in the landscape plan is maintained.
Mr. Randolph asked the Board if they are satisfied with the landscape
plan as presented and that it provides the necessary buffer. Chairman
Morgan and Mr. Thrasher said they are not satisfied. Chairman Morgan
suggested including a recommendation of a deed restriction to the lots,
to be incorporated in both the homeowners' association agreement and
also in the individual property deeds, that the buffer property as
defined in the landscape plan be maintained at the homeowners expense,
that the lot foliage abounding each individual lot be maintained at that
individual homeowners expense, and that it be subject to approval and
supervision by the Town. Ms. Calhoun asked if the recommendation could
be for appropriate documentation determined by Attorneys Randolph and
Grant as opposed to a deed restriction. Mr. Randolph asked the Board if
they are saying they approve the landscaping and want it to be
maintained in the future and, if so, is the Board satisfied that the
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 9
landscaping as shown does create a screen along the road to the abutting
properties. Chairman Morgan said he does not see that on the plan, but
he said there is a representation that it will create the buffer and he
will accept the representation and turn it over to the Town to enforce
it. Mr. Randolph explained that the deed restriction would apply to the
properties themselves and provide a restriction so that the purchaser
would be aware of their obligation to maintain a site screen along the
boundary of their property in perpetuity.
Chairman Morgan said this recommendation to the Commission should apply
to all the properties and all applicable landscaping and buffer zonings,
not just Lot 6, and it would be the entire responsibility of the
homeowners' association. Mr. Murphy asked if the ARPB could make a
recommendation that the condition to maintain the landscaping is by way
of documents and provisions to be determined in discussion between
Attorneys Randolph and Grant. Mr. Randolph said it requires a strong
recommendation to the Commission saying that their approval is subject
to there being binding provisions in place that will assure the buffer
will be maintained into the future. Mr. Himmelrich commented that the
site screen language is important because they have already agreed to
the buffer, but he said it is important that they agree to maintain what
the Board is approving from the drawings, which is a full screening of
80% of the structure. Chairman Morgan asked how they could make the
recommendation apply to all of the lots, since two of the lots have
already been approved without it. Mr. Randolph said he would discuss
the matter with Mr. Grant.
Mr. Murphy amended Condition 6 to read as follows:
6. A recommendation to the Commission to set a condition by way of
binding documents and provisions that the prescribed landscaping in the
landscape plan be maintained in a way to be determined through Attorney
Grant and the Town Attorney. Mr. Randolph said he would recommend
adding the Applicant's promise that there will be a site screen of
hedging or plantings that would fully screen the property. Mr. Murphy
added Condition 7, as follows:
7. The site screen as detailed in the plans which were presented to
the ARPB will be provided by the Developer to the best of his ability.
Mr. Lyons seconded the motion. There was no further discussion. All
voted AYE.
Chairman Morgan asked for a motion to incorporate the conditions made on
Lot 6 to all of the lots in the subdivision.
Mr. Delafield moved and Mr. Murphy seconded to recommend to the
Commission that the conditions imposed on Lot 6 in terms of site
screening and illustrations of the landscaping will be consistent with
all of the lots in the subdivision, including Lot 3, which has already
been approved by the Commission, and Lot 4, of which the ARPB has
recommended approval to the Commission, by way of binding documentation
and restrictions imposed by the Town Commission. Mr. Randolph said the
Board can make this recommendation to the Commission, but he said he
does not know how enforceable it will be based on the fact that there
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 10
has already been an approval by the Commission of one of the lots.
Chairman Morgan said it would be an advisory to the Commission. Mr.
Randolph stated that he will be working with Mr. Grant to come up with a
provision that holds the homeowners' association responsible for
maintaining the buffer. There was no further discussion. All voted
AYE.
Chairman Morgan asked Attorney Tom Murphy to make his presentation to
the Board. Mr. Murphy introduced himself and stated that he represents
Audrey Schwartz who resides at 3265 N. Ocean Blvd. He said Mrs.
Schwartz is looking forward to meeting her new neighbors, Mr. and Mrs.
Gillman, who have purchased the property at 3333 N. Ocean Blvd. Mr.
Murphy said Mrs. Schwartz has no objection to the proposed improvements
on the Gillman property; however, he said it is important to her that
her trees are protected during construction. He said Mrs. Schwartz
would like to have her representative present when they begin removing
trees and she is requesting a 30 -day notice of commencement of
construction. Mr. Peterson of Peterson Design Professionals, who is the
landscape architect for 3333 N. Ocean Blvd., stated that he would be
happy to provide Mrs. Schwartz with 30 days notice.
Chairman Morgan called for a short break at 10:15 A.M. The Public
Hearing continued at 10:25 A.M.
Chairman Morgan recused from this portion of the hearing because Mrs.
Morgan would be making a presentation to the Board with regard to the
existing canopy and buffer area of the subdivision. He turned the
meeting over to Vice - Chairman Jones. Mr. Randolph asked Mr. Thrasher to
give his presentation before discussion.
1. An application, deferred from Public Hearing held
September 27, 2012, that was 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, Replat of Golf Course Addn. Lts 4, 5 & N
92' of Lt 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.
There was no application for a Level 3 Architectural Site Plan Review at
this time, only consideration of the clear zone.
Town Manager Thrasher explained that the Florida Department of
Transportation right -of -way west of the pavement on AlA is included as a
part of the North Ocean Boulevard Overlay District and as such he would
like to address this area in relation to all three lots, numbers 4, 5
and 6. Mr. Thrasher displayed a survey of the entire plat and one of
just the area along AlA and pointed out that the proposed 13' from the
edge of pavement was shaded in red pencil. He further called attention
to the fact that the west line of the 13' is almost the same as the
easterly property line of the three lots.
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 11
Mr. Thrasher advised that he had asked the developer if he would be
willing to clear this area of existing plant material, some of which is
nuisance exotic growth, sod and install irrigation in the 131so the Town
could plant Australian Pine trees in this area. He explained that the
Town had been successful in having the State declare AlA a historic and
scenic highway because of the Pine canopy and a Special Act of the State
Legislature had given Gulf Stream the authority to restore and extend
the canopy along both sides of AlA on the right -of -way, provided they
were planted beyond the clear zone. Mr. Thrasher stated that the Town
has planted over 90 additional trees since the Special Acts were
enacted. He pointed out that the clearing would not encroach into the
landscape buffer area that the developer had provided on the private
property.
Lisa Morgan, the property owner south of the development, made a
presentation with regard to the importance of the preservation of the
natural hammock and canopy along AlA, the existing vegetation at the
entrance of the subdivision and the buffer area. She said she has lived
in Gulf Stream since 1996 and she supports the Australian Pines;
however, she said not every project can be approved before considering
the properties to be affected by removing nuisance and non - native
vegetation and planting Australian Pines. Mrs. Morgan provided photos
of what exists and was particularly concerned that there is very little
existing vegetation to the south of the entrance of the subdivision and
in the buffer area. She said taking down any of the native landscaping
to make room for the Australian Pines would be a mistake. Mrs. Morgan
said if it is possible to maintain the 15' buffer and plant Australian
Pines in front of it, she would be all for it. She said she would hope
that the ARPB would recommend to the Commission that this is not the
right location to do this.
Mr. Thrasher said they are not suggesting the removal of some of the
large trees. He said at the request of the Town, the Developer's plan
is to mitigate the trees that were native and accidentally removed. He
said the DOT requirements were not as strict years ago as they are today
and he said we are obligated to the 11' clear zone. Mr. Thrasher said
it is true that a lot of the vegetation behind the hammock was removed,
but he said there will be new plantings and screenings behind that. He
said the Australian Pines do give the Town some protection with regard
to the widening of the road, adding bike lanes and /or sidewalks, since
they are somewhat protected by the Special Acts.
Mr. O'Boyle asked if there was a requirement that none of the foliage
along AlA be touched. Mr. Bodker said there is a 10' buffer. Mr.
O'Boyle said Mr. Thrasher pointed out that the DOT has control over
their property and he asked Mr. Thrasher why the DOT would come in now.
Mr. Thrasher said there is nothing preventing them from doing what they
want with property in their jurisdiction, but he said he is not implying
that they are going to do that now.
Several neighbors of the subdivision and Board Members expressed their
concern over disturbing the vegetation along AlA in this location. Mr.
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 12
Lyons said if the community does not want this he would suggest not
recommending approval. Mr. Thrasher said if this is not approved the
Developer would move on. Mr. Laudani said he is more than happy to
comply with the wishes of the neighbors, the Town and its residents.
Clerk Taylor said that it is her understanding that a motion will be
required to approve the N. Ocean Blvd. Overlay Permit with the exception
of the 13' clear zone, due to the fact the Overlay District extends an
additional 50' onto the private property.
Mr. Lyons moved and Mr. Delafield seconded to recommend approval of the
North Ocean Boulevard Overlay Permit excluding the 13' clear zone with
regard to Lots 9, 5 and 6. Mrs. Morgan asked about a fence 12' in from
the property along Hidden Harbour Rd. Clerk Taylor said the Code
mandates that any walls or fences in that zoning district facing AIA
must be 12 feet back, whereas along the Beachfront District walls and
fences can be along the property line, but she said it meets Code.
There was no further discussion. All voted AYE.
Vice Chairman Jones returned the gavel to Chairman Morgan.
9. An application submitted by Benjamin Schreier,
Affiniti Architects, as Agent for Doris J. Gillman,
the owner of property located at 3333 N. Ocean Blvd.,
Gulf Stream, Florida, which is legally described as
Part of Lot 5, Gulf Stream Ocean Tracts, Gulf Stream,
Florida.
a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to remove
existing landscape material and driveway,
install new driveway and landscaping and
construct5 foot perimeter wall with entry gate
within the North Ocean Boulevard Corridor.
b. LAND CLEARING PERMIT to relocate /clear existing
landscaping material for relocation of
driveway, preparation of building site and
property beautification.
c. DEMOLITION PERMIT to remove existing structures.
d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of a 9,036 square foot Colonial West
Indies style partial 2 -stor single family
dwelling, 3 car attached garage and a swimming
pool.
Ben Schrier introduced himself and briefly presented the project
proposed for 3333 N. Ocean Blvd. He said the new structure will be
9,036 SF, it is a Colonial West Indies Style home with clapboard style
siding, a gray slate tile roof and brown windows. Mr. Schrier asked for
consideration of the front entry gate which was originally proposed with
an elliptical element in the center and Staff was not happy with that.
He said they are proposing an alternative design which is horizontal at
the top, but he said that Mr. and Mrs. Gillman would still like the
Board to consider the original design.
Chairman Morgan asked about shutters. Mr. Schrier said there will be
some white Bahama shutters. Chairman Morgan asked about the doorway on
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 13
the balcony above the entrance and asked if there was a purpose for the
clumping of windows. Mr. Schrier said it will bring light into the
interior. Mr. Lyons asked what the view would be from the street. Mr.
Schrier said you would only see the structure as you enter through the
driveway, but he said you would not see much from the street.
Joe Peterson, the Landscape Architect, said there will be a 6' high
privacy wall in front with trees and plantings along the wall,
throughout the interior and against the home. He said there will be
layers of shrubs in front and along the walkway, hedging along the sides
and in the back and Coconut Palms around the pool and deck. Mr.
Peterson said the existing Ficus hedge on the north elevation will be
removed and replaced with a new Ficus, and he said the existing Sea
Grapes will remain with additional plantings around them. Mr. Peterson
said that very tall Sea Grapes will be planted along the side property
lines for additional screening. He said there are some very overgrown
Sea Grapes that will be removed and replaced with much denser Sea
Grapes.
Mrs. Schwartz mentioned the privacy wall they are proposing along N.
Ocean Blvd. and was concerned about the column on her property line.
She asked if the wall would meet her column and Mr. Peterson it would be
about 9' from her column.
Mr. Lyons was concerned with protecting the neighbors to the north and
south during demolition and construction and he asked Mr. Peterson if
they were going to remove all of their vegetation immediately. Mr.
Peterson said they are only removing the cluster of Sea Grapes to the
south and the existing Ficus hedge to the north. He said the neighbors
to the north have a 6' high screen wall on their property. Mr. Peterson
said there may be some period of time when there would be openings.
Guy Flora of Mark Timothy Construction stated that he would be
responsible for the property during construction. He said the
Australian Pines will be removed immediately and they will install a
screened privacy fence, and they will put up the privacy wall in the
front as soon as possible. Chairman Morgan said Mrs. Schwartz asked for
a 30 -day notice before commencement of construction and he asked Mr.
Flora if he can do that. Mr. Flora said he can do that. Chairman
Morgan asked Mrs. Schwartz if she had any other comments. Mrs. Schwartz
said she would like them to do the screening to protect her property and
her vegetation. Mr. Flora said they would install a chain link fence
with a green shade for protection.
Chairman Morgan asked Mr. Thrasher for Staff's analysis of the roof
tile. Mr. Thrasher said it is consistent with the architectural style.
Clerk Taylor noted that the neighbor to the north was by Town Hall to
look at the plans and there were no objections.
Mr. Lyons moved and Vice - Chairman Jones seconded to recommend approval
of each of the following:
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 14
North Ocean Boulevard Overlay Permit to allow the removal of existing
landscape material and driveway, install new driveway and landscaping
and construct a 5 foot perimeter wall with entry gate within the North
Ocean Boulevard Corridor.
Land Clearing Permit to relocate/ clear existing landscaping material
for relocation of driveway, preparation of building site and property
beautification.
Demolition Permit to remove existing structures.
Level III Architectural /Site Plan based on a finding that the proposed
construction of a 9,036 SF Colonial West Indies Style partial 20story
single family dwelling, 3 -car attached garage 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. Any minor modification 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.
3. Wall and /or fences will be measured from the lowest abutting
grade with a maximum height of 8' including any lighting fixtures that
may be attached.
4. All chain link fencing will be screened from neighbor's view.
5. The landscape plan will protect existing Australian pine
trees and provide a 13' clear zone where possible allowing for the
planting by the Town of two Australian pine trees on the north of the
existing driveway entrance and up to eight on the north side of the
existing driveway.
6. Change the proposed gate design to the alternate gate design
that is less ornate. The agent has shown several gates along SR AlA,
several of which are fronting homes classified with Mediterranean style
architecture.
7. The property owner will give the neighbor to the south 30
days notice prior to commencement of construction.
There was no further 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 Morgan adjourned the meeting at 11:45 A.M.
Gail C. Abbale
Administrative Assistant
REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM ON FRIDAY, DECEMBER 14, 2012 IMMEDIATELY FOLLOWING A
JOINT MEETING OF THE TOWN COMMISSION AND THE ARCHITECTURAL REVIEW AND
PLANNING BOARD THAT WAS HELD AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF
THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
I
II
III.
Call to Order. Mayor Orthwein called the meeting to order at
11:00 A.M.
Pledge of Allegiance. The Pledge of Allegiance was led by the
Mayor.
Roll Call.
Present and
Participating
Also Present and
Participating
Joan K. Orthwein
Tom Stanley
Muriel Anderson
W. Garrett Dering
Robert W. Ganger
William Thrasher
Rita Taylor
John Randolph
Garrett Ward
Danny Brannon of
Brannon & Gillespie
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Clerk
Town Attorney
Police Chief
Town Undergrounding
Consultant
IV. Minutes of the Regular Meeting of November 9 2012.
Commissioner Dering pointed out an error in the minutes on Page 11 in
the motion he made concerning the landscape buffer deed restriction.
Commissioner Dering said the motion should read "to impose a deed
restriction for the landscape buffer to the south along Hidden Harbour
Drive, and along the north property line and the east property line."
The Minutes of the Regular Meeting of November 9, 2012 will be amended
as corrected. Commissioner Ganger moved and Commissioner Anderson
seconded to approve the minutes as amended. There was no discussion.
All voted AYE.
V. Additions, withdrawals, deferrals arrangement of agenda items.
Clerk Taylor said Item VIII.B.2. Resolution No. 12 -16 will not be
required and the Item will be deleted, and she said the Water Usage
Report will be added as Item VII.D.3.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. January 11, 2013 @ 9:00 A.M.
2. February 8, 2013 @ 9:00 A.M.
3. March 8, 2013 @ 9:00 A.M.
4. April 12, 2013 @ 9:00 A.M.
5. May 10, 2013 @ 9:00 A.M.
6. June 14, 2013 @ 9:00 A.M.
There are no conflicts in the meeting schedule.
Regular Meeting
Town Commission - December 14, 2012 Page 2
VII. Reports.
A. Utility Undergrounding -Danny Brannon (Engineer)
The Town's Undergrounding Consultant, Danny Brannon of Brannon &
Gillespie, stated that the issue of the clear zone is very critical to
the Undergrounding project. He said there can be no obstructions above
4 inches high in the clear zone and will be very interested in the
outcome of the discussions concerning the clear zone. Mr. Brannon said
he will meet with Mr. Thrasher to offer some assistance with this
matter.
Mr. Brannon said he received a binding cost estimate from FP &L which
included the correct switches, but he said the request back in November
was that it would include the correct switches and for the installation
to be performed by the Town. The cost estimate they provided was for
installation to be provided by FP &L. He said they have contacted FP &L
and they are re- estimating for the third time. Mr. Brannon said their
design should not change significantly in the re- estimate, but he said
they found that they included excessive equipment, such as an extra
Vista Switch at a cost of $80,000, and FP &L is going back to their
design team for adjustment.
Mr. Brannon said he received a copy of Mr. Randolph's review and
approval of the landscaping RFP to secure landscaping services which
will go out within a week. Commissioner Ganger asked Mr. Brannon if the
aggregate amount of the project is close to what he anticipated. Mr.
Brannon said the amount was $1.2 million, which may increase by $70,000,
bringing the total to approximately $1.3 million and it is on budget.
Commissioner Dering asked about a start date. Mr. Brannon said as soon
as they can work out the design issues they will integrate the designs
with Comcast and AT &T, and he said at this point he would expect to get
it out on the street in January. Commissioner Ganger commented that we
have lost one year and Mr. Brannon responded saying that Comcast and
AT &T layouts were received at the beginning of the year and FP &L lagged.
Commissioner Dering asked if he could see the budget. Mr. Brannon said
he would email it to all of the Commissioners after he has submitted to
Mr. Thrasher for approval.
B. Town Manager
Mr. Thrasher did not have a report.
C. Architectural Review & Planning Board
1. Meeting Dates
a. December 27, 2012 @ 8:30 A.M.
b. January 24, 2013 @ 8:30 A.M.
c. February 28, 2013 @ 8:30 A.M.
d. March 28, 2013 @ 8:30 A.M.
e. April 25, 2013 @ 8:30 A.M.
f. May 23, 2013 @ 8:30 A.M.
The meeting schedule was noted by Mayor Orthwein.
D. Finance Director
1. Financial Report for November 2012
Commissioner Dering asked why one report, the General Ledger, which
shows a loss of $205,000 for two months and the other report shows a
loss of $137,000 for two months. Mr. Thrasher said he did not have an
Regular Meeting
Town Commission - December 14, 2012 Page 3
explanation at this time, but he will get one. Commissioner Dering
commented that some line items are already over budget within two
months. He said he cannot make the operating cash in two places agree.
Clerk Taylor recommended bringing this back on the January Agenda. All
Commissioners agreed.
2. Optional Format - Financial Report for November 2012
There were no comments concerning this format at this time.
3. Water Usage Report - No Action Required.
E. Police Chief
1. Activity for November 2012
Chief Ward requested that the Activity Report for November, 2012 be
accepted as submitted. The Report was accepted.
VIII. Items for Commission Action.
A. Palm Beach County Law Enforcement Agencies Combined
Operational Assistance and Voluntary Cooperation Mutual Aid
Agreement.
Commissioner Dering asked why the other municipalities are not listed.
Clerk Taylor said they are all listed as a party to this Agreement, but
she did not include those pages in the Commission Meeting Packet.
Commissioner Daring moved and Commissioner Ganger seconded to approve
the Palm Beach County Law Enforcement Agencies Combined Operational
Assistance and Voluntary Cooperation Mutual Aid Agreement. There was no
discussion. All voted AYE.
B. Resolutions
1. No. 12 -15; A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE
APPROPRIATIONS OF BUDGET EXPENDITURES IN THE GENERAL FUND
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2012; PROVIDING
AN EFFECTIVE DATE.
Clerk Taylor listed the re- appropriations, as follows: Increase
Administrative Salaries, $8,000; increase Police Department Salaries,
$32,000; increase Police Department Benefits, $21,000, increase Fuel,
$6,000; increase Salaries R & S, $5,000; increase Capital R & S,
$55,000; and, decrease Undesignated Fund Balance, $127,000.
Commissioner Ganger asked if this Resolution is required by law, and
Mayor Orthwein confirmed that. Commissioner Dering asked why we need
the Resolution, and Mr. Thrasher replied saying that we are making
budget adjustments in those line items for FY 2012. Commissioner Dering
asked Mr. Thrasher if he is trying to make the budget equal because we
ran over budget, and Mr. Thrasher replied saying he is trying to get the
line items to show positive performance.
Commissioner Dering asked if these are the areas where we ran over
budget. Mr. Thrasher said in those areas, yes, but he said in other
areas we had surpluses. He said we anticipated a negative outfall of
$430,000, the actual performance is a negative $444,000 and, therefore,
we are $14,000 over the approved budget for FY 2012. However, he said
within various line items we were over just budget versus actual, we had
a negative variance. Mr. Thrasher said $430,000 was the budgeted
Regular Meeting
Town Commission - December 14, 2012 Page 4
deficit, actual performance prior to the FY 2012 Audit was approximately
$444,000 and, therefore, our anticipated overall performance was off by
$14,000.
Commissioner Dering said suppose we do not adjust the budget. Mr.
Thrasher said it could generate an Audit comment that we went over
budget. Vice -Mayor Stanley said we know what the numbers are and it is
best to keep negative notes off of the Audit Report. Mr. Randolph said
State Law requires that when you adjust your budget and have a budget
amendment it must be justified by virtue of adopting a resolution. He
said it does not justify why you are off budget, but you are required to
give notice if you are. Mr. Thrasher explained that the Police
Department was over budget for FY 2012 and within the Town Manager's
authority, he can adjust within a department if there is a surplus or a
negative amount without going to the Commission for permission.
However, he said if a department goes over budget he has to adjust that
particular budget by going to the Commission for permission. Mr.
Thrasher added that throughout the year the Police Department had to
make purchases that were not budgeted for, such as the licenses dealing
with communication, and he said he came to the Commission for permission
for that appropriation. He said this aligns that appropriation which
the Commission approved on paper. Mr. Thrasher said in actuality, what
we thought would have to come out of the budget is less than
anticipated, and he said it may look bad, but is a positive report, not
negative. Commissioner Dering said the Commission should know about
these things prior to almost 90 days after year end. Mr. Thrasher said
what he is trying to explain is that the Commission approved going over
the budget.
Commissioner Anderson moved and Vice -Mayor Stanley seconded to adopt
Resolution No. 12 -15. There was no discussion. All voted AYE.
C. Items by Mayor & Commissioners
Commissioner Ganger noted that there are citizens to our South near the
Delray border who are exploring ways to hook onto Delray's upcoming
beach renourishment. He said neither the State nor Federal Governments
will provide funds for renourishment on private property, but he said
Delray has a public beach and they are going to renourish where sand is
not needed rather than change their permit to place sand where it is
needed. Commissioner Ganger said the most severe damage has been on
private property and the dune is gone. He said a group of citizens are
looking for ways of investing to replace federal funding, the State will
accept private investment and it is possible that Gulf Stream residents
may have an opportunity to participate. Commissioner Ganger said it is
highly complex and expensive, but he said the Commission may be able to
inform residents of remedies available to them and they can decide
whether or not they want to participate. He said either the Coalition
or the Civic Association will also be involved in communicating with
residents. Commissioner Anderson suggested using the Town's upcoming
website'to get that information out to their residents. Mayor Orthwein
said the webs•ite is almost ready. Mr. Thrasher said there are still
some changes to be made, such as the addition of some of the Town's
Regular Meeting
Town Commission - December 14, 2012
Page 5
history and photos. He said the Commissioners and ARPB Members will be
provided with a password to be able to log in and look around the
preliminary website only. They will have an opportunity to make
suggestions and comments prior to going live.
IX. Public. There were no items from the Public.
X. Adjournment. Commissioner Dering moved and Commissioner Anderson
seconded to adjourn. There was no further discussion. All voted AYE.
The meeting was adjourned at 11:35 A.M.
Gail C. Abbale
Administrative Assistant
MINUTES 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
Richard 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 Hearin 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.
will replace Item VI.A.4.
V. Announcements.
A. Meeting Dates
1. Regular Meeting & Public Hearing
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 26, 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.
1
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).
9. 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 179, 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, 314" 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, 8,603 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 pith 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 fewtnnrnc r.,
vide variation among two -story single family homes is required. One
more of the following features shall be incorporated within facades
ing public or private roadways on any new two -story , single family
e in all zoning districts: Second -story setback (minimum 5' setback
addition to round level front setback); Front north (minimum 8'
th; Balcony (minimum 24 SF); Arcade. The Town Commission may waive
s requirement within subsection (b) if the applicant can demonstrate
t these features are inconsistent with the home's architectural atvt
and that the desired visual variation is provided through 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 8 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 6, Golf Course Addition,
Gulf Stream, Florida.
a. NORTH OCEAN BLVD. OVERLAY PMUT 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
61high 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
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. Reoraanization 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 adjourned the Meeting at 10:50 A.M.
Gail C. Abbale
Administrative Assistant
A JOINT MEETING AND PUBLIC HEARING OF THE TOWN COMMISSION AND THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM HELD
ON FRIDAY, DECEMBER 14, 2012 AT 9:00 A.M., IN THE TOWN HALL, 100 SEA
ROAD, GULF STREAM, FLORIDA.
I. Call to Order. Mayor Orthwein called the Meeting to order at
9:00 A.M.
II. Pledge of Allegiance. The Pledge of Allegiance was led by the
Mayor.
III. Roll Call.
Present and Joan K. Orthwein Mayor
Participating Tom Stanley Vice -Mayor
Muriel Anderson Commissioner
W. Garrett Dering Commissioner
Robert W. Ganger Commissioner
ARPB Members
Present and Scott Morgan Chairman
Participating Amanda Jones Vice - Chairman
Malcolm Murphy Board Member
Paul Lyons Board Member
Tom Smith Board Member
Also Present Ann Aker Alt. Member
Absent w /Notice Beau Delafield Alt. Member
Also Present and William Thrasher Town Manager
Participating Rita Taylor Town Clerk
John Randolph Town Attorney
Garrett Ward Police Chief
Dave Bodker of Dave Landscape Arch.
Bodker Landscaping
Mayor Orthwein announced that this meeting is continued from November 9,
2012 and that it is a Joint Meeting of the Town Commission and the
Architectural Review and Planning Board.
IV. PUBLIC HEARING (Continued from November 9, 2012)
A. Applications for Development Approval
1. Applications submitted by Seaside Builders LLC as agent
for Harbor View Estates LLC, owners of property located
at 1220, 1224 and 1230 North Ocean Blvd, Gulf Stream,
Florida legally described as Lots 4, 5 and 6 Hidden
Harbour Estates Plat II, Replat of Golf Course Addn.
Lts 4, 5, & N 92' of Lot 6, Gulf Stream, Florida.
a. NORTH OCEAN BOULEVARD PERMITS covering the AlA
right -of -way adjacent to these three lots to allow
removal of existing nuisance exotics and some native
trees to provide for an 11' clear zone from edge of
roadway for the planting of Australian pine trees by
the Town and the replanting of some native species.
Dave Bodker, Landscape Architect, introduced himself and said, at the
Town's request, he will present a schematic plan that indicates the 11-
foot area to be cleared along AIA at the Harbor View property. He said
the purpose of the 11 -foot clear area is to enable the Town to plant
Joint Meeting of the Town Commission and the
Architectural Review And Planning Board
December 14, 2012
Page 2
Australian Pines as part of their streetscape program, and he said the
developer of Harbor View Estates has agreed to clear, irrigate and sod
the area if the Town would like him to do so. Mr. Bodker referred to
the schematic plan, which was included in the Commission and ARPB
Meeting packets, and explained that the area to be cleared is designated
by the pink line running across, the area in green indicates DOT safe
visibility lines, which are in line with the area to be cleared, and the
heavy black line indicates the Harbor View property line. He said
neither the 11 -foot clear area nor the visibility lines encroach on the
private property. Mr. Bodker summarized the species of the 14 trees
marked for removal, explaining that the blue rea indicates the low shrub
vegetation which needs to be removed to create the 11 -foot clear area,
and said the 11 -foot clear area is contained in the DOT right -of -way.
He noted that, based on the 35 MPH speed limit on AIA in this area, an
18' recovery zone is required by the DOT, but a reduction in width can
be requested by the Town. Mr. Bodker said the trees indicated by heavy
black dash lines are existing and will remain on the site, and he said
29 of them will have some impact on visibility. In addition to these
trees, Mr. Bodker described the vegetation included in the landscape
package for Lots 6 and 4, saying it will enhance the landscape buffer
beyond the private property and will include plant material in front of
the walls. In closing, Mr. Bodker said the artist's rendering attempts
to illustrate what the stretch of AlA will look like if the 11 -foot area
is cleared, sodded and planted with Australian Pines.
ARPB Chairman Scott Morgan asked, if nothing is done and Australian
Pines are not planted, will the stretch along AlA in front of these
three properties be altered at all. He also asked if the Town is
required to remove some of the trees and scrub regardless of-today's
decision. Mr. Bodker said what is left on the site exceeds the 10'
buffer that was agreed to, it is not their intention to take it out and
it does not impact the houses. He said they will under -plant and add
trees as mentioned earlier. ARPB Chairman Morgan asked what trees will
be removed and Mr. Bodker said he was not sure how to answer because the
DOT safety lines may come into play. ARPB Member Tom Smith asked how
the trees to be removed are marked. Mr. Bodker said they are indicated
by a black dot with an "X" through it and they are also labeled in red
as to their species and size.
Commissioner Ganger asked Mr. Morgan to clarify his question. Mr.
Morgan asked, if Australian Pines are not planted as proposed would this
area along AIA be altered by tree removal due to either right -of -way or
visibility issues, or will it remain as it exists? He said his concern
is removing a lot of trees unnecessarily if the Town does not move
forward with planting the Australian Pines. Mr. Randolph said the Town
is not obligated to remove exotics from the right -of -way. County Code
relates to redevelopment of property and the responsibility of the
property owner to remove exotics when they redevelop. He said the Town
is not required to remove exotics if they do not plant Australian Pines,
except for the issues discussed such as the visibility issue and the
undergrounding project.
Joint Meeting of the Town Commission and the
Architectural Review And Planning Board
December 14, 2012
Page 3
ARPB Member Paul Lyons asked if the DOT can elect to remove the exotics
and if there is probability of that. Mr. Randolph said the DOT most
likely does not care as long as site visibility triangles are not
creating problems. Commissioner Ganger said change is almost inevitable
and the question is do we control it or someone else. Commissioner
Dering said there is a visibility issue coming out of Hidden Harbour and
it should be addressed, and Commissioner Anderson confirmed that saying
she was recently on the site and visibility is blocked. Mr. Lyons
commented that removing only a few trees would solve the visibility
issue. Commissioner Dering said he understood, by State Law, that if
you tried to correct visibility you would have to clear the entire area.
Mr. Bodker confirmed that and said the DOT would like you to see 400
feet down the road. He said when a site plan like this goes through the
process the engineer will comment that it must comply with all DOT
safety requirements.
On behalf of the Commission, the ARPB and Staff, Mr. Thrasher thanked
Mr. Bodker for his assistance with this matter. He said Mr. Bodker
volunteered his time to gather information for this meeting and it was
not an easy task.
Mr. Thrasher said the Town's visibility triangle is only 15' and the
green area on the plan is the visibility area to be cleared. He said
the DOT Green Book Standard for a clear zone is 18 feet and he noted Mr.
Bodker's comment that the Town can request a reduction in width from the
DOT. Mr. Thrasher said, in gathering information from the DOT, they
indicated to him that if the Town would like an 11 -foot clear zone they
must file for a variance. He said the Town engaged their long -time
Arborist, Way Hoyt, a landscape architect and a traffic engineer, Mr.
Hoyt and his associate, Mr. Ranspach, observed the site over the weekend
and the Town is now in the process of completing the required DOT
paperwork. Mr. Thrasher said this affects the entire Town and the
planting of Australian Pines going forward. Clerk Taylor read the
letter from Way Hoyt into the record and it will be filed in the
Official Records of the Town.
Mr. Thrasher commented that he was told many times in the past that this
program takes high priority. For those who may not be aware, he said in
cooperation with FP &L the Town has Mr. Hoyt inspect every Australian
Pine along AlA once a year and he applies a growth inhibitor to reduce
height and promote the sprouting of green branches at lower levels. Mr.
Thrasher noted that the product Mr. Hoyt uses costs $750.00 per gallon.
Mayor Orthwein asked Commissioner Ganger to give a brief history of the
Australian Pines. Commissioner Ganger said the Audobon Society, which
was once a major benefactor of the Florida Coalition, recognized that
the Australian Pines provided environmental protection to certain
species of birds that South Florida wanted to keep around. He said the
Spaniards brought cattle over with them in the 1800s and set the cattle
free when they left. The Australian Pines were brought in by the Dept.
of Agriculture in the 1800s because they grow quickly and would provide
shade for an emerging cattle industry. Commissioner Ganger said Addison
Joint Meeting of the Town Commission and the
Architectural Review And Planning Board
December 14, 2012
Page 4
Mizner brought the Australian Pines to Gulf Stream when building the
Gulf Stream Golf Club and, because they grow so fast, by the 1920's they
were already mature and started to create the canopy. Then, in 1991 the
DOT was planning to remove them and the Gulf Stream Civic Association
donated $5,000 to "Save Our Trees." He said people demonstrated and
some actually tied themselves to the trees. Congressman Mark Foley
supported the movement, he got 300 signatures on a petition and
sponsored a Bill in Congress to protect the Australian Pines. As a
result, the trees were saved and the trees saved the Town from the roads
being widened by the DOT. Commissioner Ganger said the Australian Pines
are a part of Gulf Stream's Brand, the canopy must be preserved and
enhanced whenever possible. He said he recently spoke to George Elmore
at a gathering and Mr. Elmore said he supports the program.
Commissioner Dering asked if the State can require an 18 -foot clear zone
if we do nothing. Mr. Thrasher said they could. Commissioner Dering
said to clear the area for safety purposes we would we have to clear the
area in Green by State Law, and he asked Mr. Thrasher if it would have
to go to 18 feet. Mr. Thrasher said no. He explained saying the Ice
Tea Grant and everything else is at 11' and, for conformity and
consistency, we will apply for the variance to request the 11' clear
zone. The DOT right -of -way stops about 12' from edge of pavement and
beyond that it is private property. The published clear zone for the
DOT Green Book is 18' and the Town will have to get permission to plant
at only 111. Mr. Thrasher said for any other project of this nature,
the planting of trees would have to be at least 18' from DOT travel
lanes. He said the DOT representatives indicated that in order to get
the 11' clear zone the exotics must be removed. The Town is applying
for a variance and the DOT can turn us down.
Mr. Lyons asked Mr. Thrasher what the Town will do with regard to the
letter about the safety issue. Mr. Thrasher said the Town will do
nothing because it is private property that does not belong to the Town.
Commissioner Dering said everyone agrees there is a safety issue and
obligation should be addressed. Mr. Randolph said if we are talking
about the site visibility triangle relating to private property and the
issue is not due to Town planting or right -of -way, there is no liability
for the Town. He said the Town can look at it and advise the property
owner. Commissioner Dering asked if the State has a responsibility
there and Mr. Randolph said it is the responsibility of the private
property owner and, if it is in the State's right -of -way it would be the
State's responsibility.
Mr. Smith expressed concern that trees from 8' to 30' high will be
removed and replaced with 7' high Australian Pines. He recommends
leaving more of the existing vegetation and then plant Australian Pines
in the 10' landscape buffer. Mr. Bodker said 14 trees are tagged to be
removed, along with shrubs, including a Ficus hedge which is eaten by
White Fly. Mr. Thrasher said the 10' buffer is private property and the
Town has no jurisdiction to plant Australian Pines on private property.
Mayor Orthwein said they must be planted in the DOT right -of -way. Mr.
Morgan said he did not see that in the documentation provided.
Joint Meeting of the Town Commission and the
Architectural Review And Planning Board
December 14, 2012
Page 5
Mr. Morgan said the residents do not want to lose the natural hammock,
the timing is wrong for this, and he said he it seems as though this is
being done in a way that is almost unanimously opposed by the neighbors
living nearby. Everyone loves the Australian Pines, but he said to
plant them as proposed upsets the natural hammock, which has been there
for over 50 years. He said this should have been proposed when the plat
subdivision was provided and the overall landscaping design was debated,
negotiated and approved. Mr. Morgan said Hidden Harbour was directed to
work with the developer to come up with a plan that would be consistent
with the neighborhood, which they did, and he said the canopy along AlA
and Hidden Harbour was the seminal part of the agreement. He said now
there is this proposal to alter the canopy and plant Australian Pines.
Mr. Morgan asked if there is a way to plant the Australian Pines and
preserve the canopy.
Mr. Thrasher said the subdivision plat language speaks of the canopy on
the south property line of this development only and does not refer to
the canopy along AlA. He said this would only affect what is in the 11-
foot area and behind the 11 -foot clear zone is private property with
natural foliage which will remain. Commissioner Dering asked if the
Australian Pines would grow if they go in 11 feet and plant them in what
is there rather than removing anything. Mr. Thrasher said, in his
opinion, the answer is no. He said he has been to the area and tried to
figure out how to make what Commissioner Dering is suggesting work.
Mayor Orthwein pointed out that there are about 300 shrubs that are
going to be planted through the area also.
Mr. Morgan commented that the proposed planting of the Pines seems very
regimented. Commissioner Dering agreed that if it was less regimented
it would appear more natural. Commissioner Stanley asked if it is
possible to leave the vegetation and some trees in the 11' clear zone
and plant the Australian Pines in an unregimented manner. Mr. Bodker
said the Australian Pines cannot be planted in the regimented manner to
achieve the look suggested. He said the plan is to remove some trees
and vegetation and replace with all native trees of varied species and
under - plantings, the plantings will fill in the gaps, and whatever is
taken out will not impact the screening of property.
Commissioner Dering asked what this will look like three years from now.
Mr. Bodker said the Australian Pines depicted are huge, but it was just
a graphic they found that could be superimposed on the rendering. He
said these trees grow so quickly. Mr. Thrasher said, on his word, this
project will not be sparse - looking when finished. He said there will be
10 feet of buffer, untouched, and immediately behind that is a landscape
plan which is deed restricted and you will not see a wall. Commissioner
Dering asked if more shrubs can be planted in front of the Australian
Pines. Clerk Taylor said we have to consider the utilities. Mr.
Brannon said there will be no surface destruction during the
undergrounding.
Joint Meeting of the Town Commission and the
Architectural Review And Planning Board
December 14, 2012
Page 6
Commissioner Anderson asked about the photos on display and Mr. Morgan
explained that those were provided by Mrs. Morgan at the last ARPB
Meeting. He said the purpose was to show photographing from the South
by Mr. Smith's home and north to the Gulf Course. Mr. Morgan said there
are no Australian Pines until you get to the Golf Course, and then there
is a clump of them on the east side that were recently planted. Mayor
Orthwein said that homes were purchased on the other side and they will
plant Australian Pines, and she said the Knobels have some also. She
said some of the buffer area is in bad shape right now and it should be
cleaned, and she said this project will eventually create another canopy
area.
Mr. Morgan asked Mayor Orthwein if she liked the regimented look or
should it be more staggered. Commissioner Dering asked if the Pines
were planted in a less regimented manner, and planted in what is there,
would they grow through it. Mr. Bodker said they would. Mr. Thrasher
said it will not create a canopy look if they are clumped and not
regimented, and he said he did not believe what is being suggested will
work. Mr. Lyons asked if the planting could be done over time in an
evolutionary manner. Mayor Orthwein said this will happen over time
because the Town is not capable of growing that many trees at once. She
said we have to agree on whether or not we are going to clean up the
area, under -plant and try to keep the canopy affect, and whether they
are soldiers lined up or staggared, the thought is to proceed with
Australian Pines in this area. Commissioner Ganger agreed, and he said
we intend to make the Australian Pine our signature tree along our AlA
Corridor from one end of Town to the other. He said that is a strategic
decision and if anyone disagrees with that they should say something.
Commissioner Ganger said if we make a decision today, that is the
decision we are making.
Mr. Bodker said if they are staggered, they must be behind the 11 -foot
clear zone and there is still the safety issue from the DOT and the Town
must take heed of that. Commissioner Dering said we should just plant
the trees in what is there. Mayor Orthwein said all we are proposing is
to take out the dead and bad vegetation and replace it with native
vegetation and Pine Trees. She said when we do that it will temporarily
create some bare openings, but there is Ficus in there that is
practically dead from White Fly and it should come out. Commissioner
Stanley asked if there are conditions of approval on the D -4 and
suggested considering that before deciding on how we want to plant the
Australian Pines. Mr. Thrasher said the only condition he knows of is
that the exotics must be removed.
Commissioner Ganger said we have an obligation to the people of the
Community to know what we are doing, and he said it is not a plan to
just plunk a tree in now and then. He said it is debatable as to
whether they are planted in a regimented manner or staggered.
Commissioner Ganger said we should say that this will be predominantly
Australian Pine along this Corridor and that we will plant them
expeditiously and when we have them and when there is a need for them.
Joint Meeting of the Town Commission and the
Architectural Review And Planning Board
December 14, 2012
Page 7
Mayor Orthwein asked Mr. Morgan if he is suggesting a less regimented
look and Mr. Morgan confirmed that. Mayor Orthwein said we can go in
and clean the area, make it lush and plant in a less regimented manner.
She asked Mr. Bodker if it is possible to go forward with planting the
Australian Pines and leave some of the Brazilian Pepper there. Mr.
Bodker said the DOT may make us remove the invasive species. Mr. Morgan
said the Town has the statutory right to maintain the Australian Pines
look and asked if the Town is required to go to the State when they want
to plant Australian Pines, or can Gulf Stream maintain their canopy by
planting Australian Pines already under statutory authorization. Mr.
Thrasher explained that he was asked to provide documentation of the
clear zone green book and he asked the DOT Representative to provide the
information. The information provided was that the clear zone is 18
feet. Mr. Randolph asked why we cannot plant Australian Pines within
the existing canopy, and he said this is an issue that can be decided
upon today and if the DOT insists on 18 feet we can come back for
further discussion. Mr. Randolph said the only reason this is before
you today is because the developer has agreed to clear, sod and irrigate
the area and they may not want to do that with the suggested scenario.
Commissioner Dering asked how long it will take to get a decision from
the DOT. Mr. Thrasher said the meeting with the DOT is scheduled for
December 20th and he has no idea what will be required after that.
Commissioner Ganger asked if it would be better to make this decision
today with the consensus of the Commission and the ARPB that we plan to
continue to plant Australian Pines where legal and allow the hammock to
remain to the best of our ability. Mr. Randolph said it sounds as
though that is the consensus. Mr. Bodker said whatever decision is
made, the area within the visibility lines in the public right -of -way
that are adjacent to the property should still be cleared. Clerk Taylor
said the problem is that this is a part of the North Ocean Boulevard
Overlay which has not yet been approved. Mr. Randolph said there seems
to be a consensus, suggested making a motion with the condition of
approval that to the extent possible the canopy will be left as it
exists and under -plant with Australian Pines. Clerk Taylor said it
would need to finish the portion of the North Ocean Boulevard Overlay
that is in the DOT Right -of -Way adjacent to the three lots.
Mr. Bodker asked, if there is a motion in place saying the trees in the
visibility lines will remain, what will be done if the visibility issue
comes into play. Mr. Randolph said we would have to address it at that
time.
Commissioner Dering moved and Commissioner Ganger seconded to approve
the North Ocean Boulevard Overlay Permit with the condition that, to the
extent possible, the canopy will be left as is and it will be under -
planted with Australian Pines in a staggered manner with a replant of
some native species, provided this meets the requirements of the State
of Florida.
Mr. Randolph said the meeting with the DOT takes place on December 20,
2012 and, if necessary, the Commission can come back to this issue for
Joint Meeting of the Town Commission and the
Architectural Review And Planning Board
December 14, 2012
Page 8
further discussion if it does not meet DOT requirements. Commissioner
Dering asked why a variance is necessary. Mayor Orthwein said it is
because of the new requirements which call for an 18 -foot clear zone.
There was no further discussion. All voted AYE.
V. Public. There were no comments from the Public.
VI. Adjournment. The Meeting was adjourned at 10:50 A.M.
Gail C. Abbale
Administrative Assistant
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, NOVEMBER 9, 2012 AT
9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD,
GULF STREAM, FLORIDA.
I
II
III.
Call to Order. Mayor Orthwein called the Meeting to order at
9:03 A.M.
Pledge of Allegiance. The Pledge of Allegiance was led by Mayor
Orthwein.
Roll Call.
Present and
Participating
Also Present and
Participating
IV. Minutes of
Commission
Minutes of
discussion
Joan K. Orthwein
Tom Stanley
Muriel Anderson
W. Garrett Daring
Robert W. Ganger
William Thrasher
Rita Taylor
John Randolph
Lt. Edward Allen
Mark Grant, Esq. of
Greenspoon, Marter
Tom Laudani of Seaside
Builders
Richard Jones of
Jones Architects
Dave Bodker of
Dave Bodker Landscape
& Architecture
Joe Pike of
EnviroDesign
Martin O'Boyle, Res.
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Clerk
Town Attorney
Gulf Stream Pol. Dept.
Rep. Applic. /Developer
Tom Laudani
Applic. /Developer
Architect /Harbour View
Landscape Architect/
Harbour View
Engineer /Harbour View
23 N. Hidden
Harbour Dr.
Lisa Morgan, Res. 1140 N. Ocean Blvd.
Nancy Touhey, Res. 1200 N. Ocean Blvd.
Ben Schrier of Arch. /3333 N. Ocean
Affinity Architects
Joe Peterson of Landscape Architect/
Peterson Design Prof. 3333 N. Ocean
Guy Flora of GC/3333 N. Ocean
Mark Timothy Construction
of October 12
r Ganger moved and Vice -Mayor
the Regular Meeting of October
All voted AYE.
tanley seconded to approve the
12, 2012. There was no
V. Additions, withdrawals, deferrals, arrangement of agenda items.
There were no changes.
VI. Announcements.
A. Regular Meetings and Public Hearings
Regular Meeting and Public Hearing
Town Commission - November 9, 2012
1. December 14, 2012 @ 9:00 A.M.
2. January 11, 2013 @ 9:00 A.M.
3. February 8, 2013 @ 9:00 A.M.
4. March 8, 2013 @ 9:00 A.M.
5. April 12, 2013 @ 9:00 A.M.
6. May 10, 2012 @ 9:00 A.M.
Mayor Orthwein noted the upcoming meetings.
Page 2
There were no conflicts.
VII. PUBLIC HEARING.
Clerk Taylor asked for declarations of Ex -Parte communication concerning
the items on the Public Hearing Agenda. Commissioner Ganger stated that
he spoke with Lisa Morgan concerning her objections to the N. Ocean
Blvd. Overlay Permit request. Commissioner Anderson stated that she
walked the strip of the proposed Overlay Request. Mayor Orthwein stated
that she had a conversation with Lisa Morgan concerning her objections
to the N. Ocean Blvd. Overlay Permit request.
Clerk Taylor administered the Oath to Mark Grant, Esq., Tom Laudani,
Richard Jones, Dave Bodker, Joe Pike, Martin O'Boyle, Lisa Morgan, Cuppy
Kraft, Nancy Touhey, Ben Schrier, Joe Peterson and Guy Flora.
A. Applications for Development Approval
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, Replat
of Golf Course Addn. Lots 4, 5 & N 92' of Lt 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.
For clarification, Mr. Randolph said the N. Ocean Blvd. Overlay Permit
Application is listed as submitted by the Developer, but he said the
Town is requesting the Overlay Permit as it relates to the Australian
Pines plantings, the Developer is involved because the Town asked if he
would sod and irrigate if approved, and the Developer has agreed to do
so. Commissioner Ganger asked Mr. Randolph if that statement was made
at the October ARPB Meeting. Mr. Randolph said the statement was not
made, but a presentation was made by Mr. Thrasher to that effect. The
Developer's Attorney asked if the Commissioners would consider hearing
the applications of the houses before hearing the Overlay Permit
request. Commissioner Ganger asked Mr. Grant if he made the same
request at the October ARPB Meeting. Mr. Grant said he is not taking a
position on the Overlay Permit and he did not make the request, someone
else requested the Agenda change. Mr. Randolph stated that Mr. Grant's
request is appropriate. Mayor Orthwein agreed that the item will be
addressed following the presentations of the houses.
Attorney Mark Grant introduced himself and stated that he represents the
Developer. He said the ARPB recommended approval, with conditions, of
the two Level III Applications being heard, he asked that the
Commissioners focus deliberations only on what is before them, and he
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 3
reserved the right to respond to any comments or questions concerning
either application. Commissioner Ganger said a year ago everyone was
concerned with what these six houses would look like and how it the
subdivision would develop over time. Mr. Grant said these homes comply
with all criteria and they will not have the cookie - cutter look.
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.
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. ITEM WILL BE HEARD
FOLLOWING ITEM VII.3.B.
b. LEVEL 3 ARCHITECTURAL /BITE PLAN REVIEW to permit
the construction of a partial two -story Bermuda
style single family dwelling, 3 car garage with
bonus room above, 8,603 square feet, and a swimming
pool.
Richard Jones of Jones Architects introduced himself, he stated that he
represents the Developer and he thanked the ARPB for their approval of
the first three houses. He said all six houses in the subdivision will
show diversity, they will be an asset to Gulf Stream and there will be
nothing cookie - cutter about their design, detail or construction. Mr.
Jones described the house on Lot 4 at the SE corner of the property as a
partial two -story classic Gulf Stream Bermuda style with white - washed
stucco, black shutters and railings, a white flat concrete tile roof
with mitered corners and ample balconies surrounding the home on all
four elevations. To break down mass Mr. Jones said they have arranged
pieces of the structure around central courtyards providing outdoor
spaces and they have created buffers with landscaping. He said the
theme in the subdivision is carriage homes and all three homes have pool
courtyards with ample outdoor living space, varied stepped roof lines
and varied massing from one -story to two - story.
Mr. Jones said to address the concerns of mass they added two balconies
on the south elevation, similar to the balconies on front and rear
elevations, and they added one balcony on the north elevation which
faces an adjacent lot. He said the existing vegetation in the no -cut
zone has been meticulously maintained by the Developer, and the proposed
landscaping was designed by Dave Bodker who did the research, tagged the
trees and visited the site making sure all species are accurately noted
and preserved in the no -cut zone. Mr. Jones said the landscaping was
designed to provide a buffer for existing neighbors as well as new
residents, and he said this house will hardly be seen from the south
elevation along Hidden Harbour Dr. Commissioner Ganger said the
Developer assured everyone that he would maintain the character of the
Regular Meeting and Public Hearing
Town Commission - November 9, 2012
Page 4
property as well as the neighborhood and community, and he said it was a
heavily- wooded property at the outset and it is expected that it will
come back to that with six houses and heavy landscaping.
Mr. Thrasher asked for the front setback on Lot 4 and Mr. Jones said it
is very close to 100 feet from AlA and will be consistent with Lot 6.
He said they want to recapture the estate -feel of the previous property
with long driveways and the houses set back. Mr. Thrasher asked the
distance from the home as compared to the front edge of AlA. Mr. Jones
said 50 feet from the edge of pavement to the structure would have met
Code, but the distance is 1151. He said they pulled the structure back
to nearly 100 feet with a straight drive that enters a motor court
directly on axis with the front door, through the house, out to the pool
and terminates at the 2 -story carriage house /3 -car garage, with no
garage entry visible from AlA.
Dave Bodker, Landscape Architect, introduced himself. Mr. Bodker said
there are 19 existing trees along the south property line of Lot 4 which
will be supplemented with a number of Green Buttonwood trees with under -
plantings of Green Buttonwood shrubs, Wild Coffee, Silver Buttonwood and
a variety of native shrubs along the outside of the retaining wall. He
said Fishtail Palms, Alexander Palms, Oak Trees and Podocarpus Hedge
will be planted along the interior of the wall. Mr. Bodker said the
Podocarpus Hedge will be 4' high at planting and will grow about 6
inches to a foot a year. He said there is a variety of existing trees
along AlA which will be supplemented with a large variety of native
under - plantings in the buffer between AlA and the proposed entrance wall
and gate. Mr. Bodker said they will remove some of the Brazilian Pepper
Trees and replace them with Green Buttonwood Trees in that area. Mayor
Orthwein asked why they are not planting more Ficus. Mr. Bodker said
the nurseries are not releasing it due to White Fly.
Mayor Orthwein said she understands that it is the State that mandates
the removal of the Brazilian Peppers and other non - native vegetation and
wanted everyone to be aware of that. Mr. Bodker confirmed that the
State mandates the removal. Lisa Morgan of 1140 N. Ocean Blvd. asked
Mr. Bodker to be more specific concerning the State Statute for the
removal of Brazilian Peppers. Mr. Bodker said the State mandates that
Brazilian Peppers on any property that is to be developed must be
removed when the property is developed. He said they will remove some
Brazilian Pepper and under -plant with native shrubs from 24" to 48"
high. The plantings will be more formal in front of the wall and will
include Clusia Hedge and Silver Buttonwood, and on the inside of the
gate and around the motor court they will plant Live Oak Trees,
Podocarpus Hedge and Mulberry. Taller palms will be planted along the
2 -story portion of the house and smaller native trees along the 1 -story
portion on the north elevation, around the courtyard and pool area there
will be a mixture of lush vegetation, and they will plant taller palms
to soften the impact of the garage on the west elevation. Mayor
Orthwein mentioned that this home will have a private driveway from AlA.
Mr. Randolph stated that the ARPB raised the question of how to assure
the neighbors and residents that the landscape buffer will remain in
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 5
place. He suggested a deed restriction be put in place, which would run
with the land, and anyone purchasing the properties would know of the
restriction that the buffer will remain in place. Mr. Randolph said the
ARPB suggested he meet with Mr. Grant to come to an agreement on this,
which he did. He said Mr. Grant has stated that the developer has no
objection to a deed restriction which will provide that the buffer will
remain in place and, if not, the Town can intervene, replace the buffer
and place a lien on the property if necessary. Further, Mr. Randolph
said the developer has agreed that this would also apply to Lot 3, which
was previously approved. Commissioner Ganger said the Minutes indicate
that this is a voluntary decision on the part of the Developer. Mr.
Randolph confirmed that.
Mr. Thrasher asked for the width of the driveway entrance off of AlA and
Mr. Jones said it is 12 feet, and he said the actual motor court is
lower than AlA, which will enhance the screening from AlA. Mrs. Morgan
asked Mr. Bodker if he guarantees the hedge will grow to completely
screen the wall. Mr. Bodker said he cannot guarantee that, but he said
Green Buttonwoods will be planted at 32" to 48" on the lower outside of
the wall that will grow to 12' in six to eight years. He said there
will be a hedge on the upper level with 12' Fishtail Palms, 26' to 28'
Alexander Palms on the west elevation to screen the 2 -story garage, and
Green Buttonwoods under - planted with Silver Buttonwoods, providing three
layers of plant material. Mrs. Morgan asked how far back from the 10'
buffer would the improvements start. Mr. Bodker said the wall is 50
feet back from AlA, there are existing trees and they will plant 20'
Green buttonwoods, native under - plantings inside and outside of the 10'
buffer with a more formal setting near the wall in front of the
property.
Mrs. Touhey of 1200 N. Ocean Blvd. said she is unhappy over the removal
of the Banyan Tree, she said the wall is incomplete, none of the trees
have been replaced yet and she asked when replanting will begin. She
said the wall stops at her driveway, which is off of Hidden Harbour Dr.,
there are sticks, under - plantings and debris in that area, and she said
the Developer promised that the buffer would be immediate. Mr. Laudani
said a lot of the wall is hidden by vegetation, but it extends west down
Hidden Harbour Dr. about 30' to 40' to Lot 3. He said tree removal was
restricted within the 15' buffer to the north and south and 10' to the
west and, therefore, all of those trees remained in place. Mr. Laudani
said the Banyan Tree was removed, but it was outside of the buffer zone
and they immediately planted larger vegetation when they installed the
walls. He said there will be further enhancement to all screening
during construction of the homes on Lots 3 and 4 along Hidden Harbour
Dr., offered to have Mr. Bodker meet with Mrs. Touhey in private to
provide more detail and answer her questions. Mayor Orthwein asked when
planting will begin. Mr. Laudani said it is usually toward the end of
construction due to grading and physical constraints associated with the
foundation, stem wall and lot construction. He said it is practical to
plant at that time to ensure the survival rate of the plantings. Mr.
Laudani said these trees will be covered under a covenant providing that
future owners will be responsible to maintain them.
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 6
Mr. O'Boyle of 23 Hidden Harbour Dr. introduced himself and said there
is a private agreement with the Developer providing that the canopy will
not be touched, but he said he and Mrs. Touhey know the canopy was
touched, and in a letter to Tom Murphy the Mayor acknowledge that it was
damaged. He said he understands the Town cannot interfere in private
agreements, but he said they are obligated to protect residents and it
should be fixed. Mayor Orthwein asked Mr. O'Boyle to restrict comments
to the subject of the homes, and she said any other comments can be made
during the public portion. Mr. O'Boyle asked if he could talk about
drainage. Mr. Randolph said the engineer previously testified that they
meet the requirements relating to onsite retention of water for all
lots. He said it is a separate matter if Mr. O'Boyle is referring to
drainage for the subdivision. Mr. O'Boyle said Mr. Pike also previously
testified that the drainage was tied into the Hidden Harbour Estates
drainage system for all six houses.
Mayor Orthwein said the ARPB recommended approval of this application
with conditions. Mr. Randolph said he and Mr. Grant are putting the
deed restriction together and he asked the Commissioners if they are
satisfied that the plans as presented provide sufficient buffer from
Hidden Harbour. Further, he said construction is disruptive and he
suggested that the Commission require construction screening be put in
place. Mayor Orthwein asked Mr. Laudani about cleaning up the area Mrs.
Touhey referred to and about erecting a construction buffer prior to
construction. Mr. Laudani said they have done some cleanup and will do
more, they will erect a temporary green screen inside the 15' buffer
along Hidden Harbour property lines prior to construction, and he said
he does not object to that being a condition of approval. He said once
they break ground on the two lots the structures will be done in 10
months.
Vice -Mayor Stanley asked if a condition should be added relating to the
buffer going forward on each house. Mr. Randolph suggested a condition
that the deed restriction will apply to Lot 3 and that there will be a
sufficient buffer along Hidden Harbour Dr. Mr. Grant said there is a
private agreement requiring the 15' buffer on the south to remain. He
said they are willing to enter into that agreement with the Town and the
Town can enforce the replacement of the 15' buffer, as well as any plant
screenings on the lots, if damaged or removed. Mr. Randolph said now is
the time for the Commission to require additional landscaping between
Hidden Harbour Dr. and the homes it they feel it is necessary to create
more buffer. Vice -Mayor Stanley asked about an exhibit to the deed
restriction describing what the buffer consists of. Mr. Laudani said
the landscape plan will be the exhibit. Vice -Mayor Stanley said that
any additional landscaping required by the Commission today must then be
added to the landscape plan.
Mr. Grant asked the Commission to allow him and Mr. Randolph to work out
the terms of the deed restriction for the buffer on lots along Hidden
Harbour Dr. He said they are creating a Homeowners' Association that
will be responsible for maintaining the private road and the 15' and 10'
buffer areas, and the individual homeowners will be responsible for
maintaining the landscaping beyond that. Mr. Randolph said as other
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 7
homes and landscape plans come before the Commission, consideration can
be given at that time as to whether or not deed restrictions will be
necessary. He asked if the proposed buffer height will be in place at
the time of planting. Mr. Grant confirmed that saying that the
landscape plan calls for specific vegetation height at planting. Mr.
Laudani suggested that Mr. Randolph require that it be in place when the
final landscape inspection takes place just prior to Certificate of
Occupancy. He said the additional planting next to the canopy are will
take place during construction and prior to completion of the homes.
Mrs. Morgan said the deed restriction should include the buffer zone
along AIA. She said vegetation can be destroyed in a storm or by
accident and residents would like to know that what replaces destroyed
vegetation will provide sufficient buffer at planting. Mr. Randolph
said the intent of the deed restriction is to include the landscape plan
as an exhibit and will provide that the owner of the property shall
maintain in place the visual buffer in perpetuity and if an act of God
strikes down one of those trees that property owner will be required to
replace the tree so that the visual buffer remains in place. Mr. Grant
added that the property owner will have to replace it with what was
originally required in the landscape plan, which will be included as the
exhibit to the deed restriction.
Cuppy Kraft of 10 Little Club Rd. asked if there will be restrictions as
to how high property owners can allow their screening vegetation to
grow. For example, she said the Podocarpus Hedge will only be 4' at
planting and does not seem sufficient for screening. Mr. Randolph said
the deed restriction will provide that if the Town Commission feels
there is a break in the buffer and the property owner does not take care
of it, the Town can address it and place a lien on the property. He
said the Commissioners must make a determination today as to whether the
plan meets their satisfaction for screening the property. Commissioner
Anderson suggested including an "at least ". Commissioner Ganger said it
is important for the Commission to consider screening height. Mr.
Randolph said he did not think the Podocarpus was being planted to
screen the house. Mr. Bodker explained that the vegetation will be
tiered and he said the Podocarpus Hedge is the lower tier with some
existing Areca Palms. The next tier of proposed foliage will be planted
at 12' and there will be another tier of taller Alexander Palms behind
that. He said the plant list is on the plans and include the
installation heights.
Mrs. Touhey recommended other native vegetation to be used. Mrs. Morgan
said the surrounding neighborhood has more variety of vegetation. Mr.
Bodker said everything he is using in the buffer is native. Mr. Grant
said Mr. Bodker is a licensed landscape architect and has proposed
native vegetation that will provide the best screening, and he asked the
Commission to approve the plan as presented. Commissioner Ganger said
he believes they have presented a good plan and suggested they move on
to make a decision. Mr. O'Boyle commented that each Commissioner voting
for approval should have reviewed the plan and be satisfied with every
aspect and, if not satisfied, they should vote for disapproval. In
addition, he said once Mr. Grant and Mr. Randolph have completed the
Regular Meeting and Public Hearing
Town Commission - November 9, 2012
Page 8
deed restriction, residents should be allowed to review and make
comments at the next meeting.
Mayor Orthwein asked for Commission comments. Vice -Mayor Stanley said
in terms of the house he is satisfied with the plan as presented.
Commissioner Anderson said she would prefer further definition of
screening height and Mayor Orthwein agreed. Commissioner Ganger also
agreed that the screening height should be better defined and suggested
that it be maintained at 61. Mr. Randolph said the Commission can make
a separate motion for the deed restriction and he explained what the
deed restriction will provide. He said it can provide that the house
will be screened in the manor as stated in the exhibit attached and it
can say that the hedge will be maintained to at least 6 feet.
Commissioner Daring moved and Commissioner Ganger seconded to approve
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 a bonus room, a total of 8,603 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 uncoated
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.
5. All chain link fencing will be screened from neighbor's view.
6. Construction fencing will be erected prior to any work activity.
7. Landscaping, approved as submitted, will provide sufficient
screening from Hidden Harbour Dr., and a deed restriction, as drawn by
Town Attorney John Randolph and Attorney for the Developer Mark Grant,
will apply to ensure the continuation of the buffer.
There was no discussion. All voted AYE.
Mayor Orthwein called for a 5- minute break at 10:50 A.M.
The Public Hearing commenced at 10:55 A.M.
3. An application submitted by Seaside Builders as
agent for Harbor 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 PERMIT 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
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 9
material. ITEM WILL BE HEARD FOLLOWING ITEM
VII.3.B.
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 described the proposed house on Lot 6 at the NE corner of the
subdivision as a partial 2 -story Colonial West Indies style dwelling,
providing a variation in design, but with the similar theme of breaking
mass by pulling portions of the structure into other structures all
connected under roof and forming courtyards. He said this house will
have varied roof lines with charcoal gray - colored slate -look flat tile
with gable ends. The second level will have lap siding with a slight
variation in color from the smooth stucco texture below, which is
characteristic of the Colonial West Indies style.
Mr. Jones said he received a letter from Marty Minor of Urban Design
Kilday Studios addressing how they meet the intent of breaking down mass
by alternating the texture of the exterior wall material and variation
of color on the second level, and also by exploring an alternative to
the half -moon feature window and flattening it a bit, as recommended by
Amanda Jones of the ARPB. He said other distinguishing details that
have been incorporated is solid wood overlay over the garage doors, the
solid mahogany front doors, a series of wood brackets and a consistent,
but slightly varied, window design. Mr. Jones said the proposed
landscape design for this lot, though more dense, will be similar to the
landscape design for Lot 4.
Commissioner Ganger asked about the wood on the garage door. Mr. Jones
said it is a metal door with a N" solid skin wood overlay with a Cypress
or Cedar stain. Commissioner Anderson complimented the alternate half -
moon window. Commissioner Ganger said this house has a very unique look
and asked if there are any homes in Gulf Stream with a similar look.
Mr. Jones said the Colonial West Indies style is very popular in South
Florida and there are some in Palm Beach and Delray Beach. Vice -Mayor
Stanley asked about the wall around the front of this property. Mr.
Jones said there is a wall with very heavy landscape vegetation. He
said this house is under contract and they have asked for more
landscaping than typical for privacy purposes. Commissioner Dering
asked if a deed restriction would be required for the north side. Mr.
Randolph said his deed restriction concerns relate to the Hidden Harbour
side, not the north. He said the conditions included in the motion
require the property owner to go back to the ARPB with major
modifications to the landscaping and to the Town Manager with minor
modifications. Commissioner Dering asked if we will require future
homeowners to maintain the 10' buffer on the north side. Mr. Randolph
said only if it is a concern of the Town. Commissioner Dering asked if
there are any landscaping restrictions between the west side of Lot 6
and the east side of Lot 1 where they face each other on the inside of
the property. Mr. Bodker said there are no restrictions on the inside
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 10
of the property. Commissioner Ganger said this landscaping is very lush
and sets the bar pretty high.
Mr. Bodker displayed the west elevation of the house showing a fence
around the property line with a hedge along the fence. He pointed out
the interior spine road coming in off of AlA and turning north where
Royal Poinciana and Live Oak trees will be planted around the property.
Mr. Bodker said it is not a complete buffer there, but it is adequate
for the neighborhood on the interior of the property. Mr. Thrasher
asked Mr. Jones to identify the setback of this home from the property
line and from paved edge of road. Mr. Jones said the carriage house is
quite a bit in front of the main structure and the setback from AIA is
87 feet with an additional 15 feet to paved edge of road making it
almost 100 feet.
Nancy Wibblesman, a resident of Gulf Stream, asked if the Developer
could erect a construction fence on the north side of the property to
protect those neighbors. Mr. Laudani said he would be happy to erect
construction fencing along the north side property line. Mrs. Morgan
stated that Mr. Himmelrich, whose house faces south toward this
property, wanted to attend this meeting and had a conflict. On his
behalf, Mrs. Morgan said he would ask for the same courtesy of a deed
restriction to maintain the buffer on his side. Mr. Laudani stated for
the record that he is in the process of meeting with Mr. Himmelrich and
Mr. Elmore to address the issue.
Commissioner Daring moved and Commissioner Anderson seconded to approve
Level III Architectural /Site Plan based on a finding that the proposed
partial two -story single family 8,857 SF Colonial West Indies style
dwelling, attached 2 -car garage, with 6' walls and fences, screened with
landscape material around the property and a swimming pool meet the
minimum intent of the Design Manual and applicable review standards with
the following conditions:
1. Replace the two half -moon windows as shown on the north and south
elevations with the proposed alternative design as presented.
2. The electric service lines shall be buried.
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.
5. All chain link fencing will be screened from neighbor's view.
G. Construction fencing will be erected along the north side property
line prior to any work activity.
7. Landscaping, approved as submitted, will provide sufficient
screening along the north side of the property, and a deed restriction,
as drawn by Town Attorney John Randolph and Attorney for the Developer
Mark Grant, will apply to ensure the maintenance of the 10' buffer on
the north side.
There was no discussion. All voted AYE.
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 11
For the Record, Mr. Randolph said there will be a deed restriction for
Lot 3 for the landscape buffer to the south along Hidden Harbour Dr. He
said this was a voluntary from the property owner. Mayor Orthwein
called for a motion. Commissioner Dering moved and Commissioner
Anderson seconded to impose a deed restriction for the landscape buffer
to the south along Hidden Harbour Dr., and along the north property line
and the east property line. There was no discussion. All voted AYE.
Mrs. Touhey said the hours of construction have frequently been abused
and she requested that the Town enforce the construction hours are from
8:00 A.M. to 5:00 P.M. The Commissioners agreed that the Town will
enforce the hours of construction.
A. Applications for Development Approval
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, Replat
of Golf Course Addn. Lots 9, 5 & N 92' of Lt 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.
Mr. Thrasher said the developer has addressed everything west of the
clear zone with deed restrictions for Lots 4 and 6 and is not required
to present this issue of the clear zone. As a representative of the
Town, Mr. Thrasher said he asked the Developer if he would provide the
sodding, irrigation and landscaping of the clear zone and he agreed to
do so. He said he prepared a simple drawing of the area as it relates
to this property for the Overlay Permit and copies are available.
Mr. Thrasher said the North Ocean Blvd. Permit would cover an area that
is 50' west of the property line, and also running to the other right -
of -way line on the east side of AIA, but he said we are talking about
approximately 651. He said Town Code prohibits a principal structure to
be located in the 50' area from property line west 501, but he said a
minor accessory structure can be placed within 30' of that. Mr.
Thrasher said he is talking about an area that is abutting AIA as it
relates to this property and travels west about 651. He said he
identified the clear zone and modified the distance so that the width of
clear zone is 11' rather than 131. In addition, Mr. Thrasher said he
identified the trees proposed to be cleared to provide for planting of
Australian Pines.
Mr. Thrasher read a section of Special Act obtained by the Town of Gulf
Stream in Chapter 96 -502, HB 1792, which states, "In order to preserve
the historic character and integrity of AlA, and notwithstanding the
provision of Statute 369.251 FS, the Town of Gulf Stream is hereby
authorized to engage in the cultivation of Australian Pine for the
purpose of maintaining the historic character of that portion of AlA
between Pelican Lane and Sea Road." He said since this Act the Town has
placed a condition of approval on every home to allow the planting of
Australian Pines.
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 12
Mr. Thrasher said the proposed trees for removal are identified on his
drawing, which he summarized, and he explained the mitigation by the
Developer. He said the Florida Holly, or Brazilian Pepper, is an exotic
invasive species, the Almonds are native and non - invasive. The
Developer agreed to mitigate them in like manner /like size, and has the
option of providing a minimum of a 4" caliper in the proper number of
replanting of trees to mitigate the entire inches of the Almond Tree.
Mr. Thrasher said after the removal of trees there will be space between
the clear zone and the buffer zone varying in size from 4' on the north
lot to 0' in the middle lot, and then 2' to 3' on the south lot. He
said there will be an area with some native trees and underbrush, the
buffer zone will not be touched, underbrush and 10 trees will remain on
Lot 4, underbrush and B trees on Lot 5 and underbrush and 1 tree on Lot
6. Mr. Thrasher said the area to be cleared is 11' from the edge of
road rather than 131, there will be remaining native vegetation a
minimum of 10' from the property line, in some cases extending eastward,
which will provide existing underbrush and trees.
Mayor Orthtwein commented that this information was not given to the
ARPB and that it is a new compromise. Mr. Thrasher said the proposal
sent to the ARPB was a 13' clear zone and this proposal is modified to
an 11' clear zone. Mayor Orthwein said the Town received several
letters concerning this matter and she asked Clerk Taylor to enter the
letters into the record at this time. Clerk Taylor said those who wrote
letters asked that they be read into the record, and she said some are
identical and others are similar.
Clerk Taylor read the following letters into the record:
1. James Neeves, of 11 Hidden Harbour Dr., who is in favor of the
North Ocean Blvd. Overlay Permit and believes it will resolve an
existing safety issue when turning onto AlA from Hidden Harbour Dr.;
2. Tom Smith of 1122 N. Ocean Blvd., a neighbor of the former Spence
Property, who expressed his opposition to the removal of foliage along
AlA saying it will not be in keeping with surrounding properties and it
will accentuate the look of a development. Further, Mr. Smith is
concerned with the preservation of native foliage;
3. Letters from Randy Ely of 3311 Polo Dr. and Wendy Overton of 2525
Pelican Way, both opposed to the removal of native natural foliage
inside the 13' clear zone from the edge of AlA.
4. Barbara Whitaker of 1120 N. Ocean Blvd. asked the Commission to
deny the application for the Overlay Permit for the property being
developed at 1220 N. Ocean Blvd., or to approve it without the 11' to
13' clear zone requested. She added that the neighbors and residents do
not want the natural hammock destroyed.
5. Patricia Knobel of 1255 opposes the Overlay Permit due to concerns
that the natural and native hammock, which has existed for many years,
will be destroyed.
Clerk Taylor said the letters from George Elmore of 1320 N. Ocean Blvd.
and Jennifer Morris of 24 Hidden Harbour Dr. are both in opposition of
the Overlay Permit and very similar to the letter from Patricia Knobel,
expressing the same concerns for the preservation of the native
Regular Meeting and Public Hearing
Town Commission - November 9, 2012
Page 13
vegetation and natural hammock. All letters received by the Town
concerning the North Ocean Blvd. Overlay Permit will be filed in the
Official Records of the Town of Gulf Stream.
Commissioner Ganger said a considerable number of Australian Pines exist
on the east side of AlA and if more are planted on the west side it will
eventually create more canopy, but he said it is difficult to visualize
now. He expressed concern that we may weaken the program if we do not
plant now. From a legal standpoint, Mr. Randolph said the Town must
look at each case in the future. Mr. Thrasher said the Sea Grapes are
very close to the clear zone and, realistically, they should be removed,
but he said the mature canopy Sea Grapes will be protected. He said the
trees proposed for removal will come out and the Australian Pines will
be planted appropriately. In this program, Mr. Thrasher said almost 100
trees have been planted to date, they are growing and in some cases very
successfully, and he said 40 to 60 trees are proposed for this project.
He said there are no alternatives in the process other than what has
been presented. Mr. Thrasher said it is difficult to visualize what
will it will look like, but the bareness will be gone, and he said we
should take the opportunity presented to us because it may be the last.
Mayor Orthwein said this is a compromise to the proposal presented to
the ARPB and everyone has a better understanding now. She said she
prefers to stand by ARPB recommendations, but to be responsible the ARPB
should be on board with this compromise. Commissioner Ganger said it
would be difficult to vote on this today based on the drawing submitted
by Mr. Thrasher, but he said we should not ignore this opportunity.
Commissioner Dering asked if someone could provide a realistic rendering
of the existing appearance, what it will look like at planting and then
five years later. He said both the Commission and the ARPB should have
an opportunity to see it.
Mayor Orthwein suggested a joint workshop or joint special meeting with
the ARPB. Vice -Mayor Stanley said there are some issues that are not
mentioned in the letters of opposition, such as the area may look too
organized rather than natural. Commissioner Ganger asked if the
Commission and the ARPB can jointly attend a workshop. Mr. Randolph
said they can, but he said it should be a joint special meeting in order
to be able to make decisions. He asked if there was a landscape
architect who would volunteer to do a rendering. Mr. Bodker said he can
do the rendering, but he asked if he could first address some liability
issues concerning visibility. He said visibility is a concern at that
corner entering AlA, and AlA it is a DOT Road. DOT visibility is based
on the designated MPH for AlA. Mr. Bodker said if he agrees to do the
rendering he will adhere to all legal aspects of it and will protect DOT
visibility lines, which are 450' to 460' based on 35 MPH.
Mayor Orthwein stated that she wants the public to be informed of the
Joint Special Meeting. Mr. Randolph said the next Commission Meeting is
scheduled for Friday, December 14th at 9:00 A.M. and should be advertised
as a Joint Commission and ARPB Special Meeting. Mr. Bodker said he can
have a rendering prepared in time. Commissioners Dering and Anderson
asked if the information can be ready for distribution one week prior to
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 14
the meeting. Clerk Taylor said the Meeting Notices will go out one week
prior to the Meeting and the public will be welcome to view the
renderings at Town Hall. Vice -Mayor Stanley moved and Commissioner
Anderson seconded to defer the North Ocean Blvd. Overlay Permit request
to a time certain of December 14, 2012 at 9:00 A.M. when the Town
Commission and the ARPB will hold a Joint Commission and ARPB Special
Meeting. There was no discussion. All voted AYE.
4. An application submitted by Benjamin Schreier,
Affiniti Architects, as Agent for Doris J. Gillman,
the owner of property located at 3333 N. Ocean Blvd.,
Gulf Stream, Florida, which is legally described as
Part of Lot 5, Gulf Stream Ocean Tracts, Gulf Stream,
Florida.
a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to remove
existing landscape material and driveway,
install new driveway and landscaping and
construct5 foot perimeter wall with entry gate
within the North Ocean Boulevard Corridor.
b. LAND CLEARING PERMIT to relocate /clear existing
landscaping material for relocation of
driveway, preparation of building site and
property beautification.
c. DEMOLITION PERMIT to remove existing structures.
d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of a 9,036 square foot Colonial West
Indies style partial 2 -stor single family
dwelling, 3 car attached garage and a swimming
pool.
Benjamin Schrier of Affinity Architects introduced himself and stated
that he represents the property owner, Doris Gillman. Mr. Schrier
described the proposed house as a 9,032 SF 2 -story Colonial West Indies
style dwelling with an attached 3 -car garage, a swimming pool, wall and
gate. He said it will have white clapboard siding and stucco, a
concrete tile roof providing a cedar shake appearance with mitered
corners, the window frame will be brown and the body of the house and
the shutters will be white.
Mayor Orthwein asked about the Coconut Palms in the front that are
tagged. The Landscape Architect for the project, Joe Peterson, said the
trees are tagged to be removed and Australian Pines will be planted.
Commissioner Ganger said he understood that the Town received a grant to
plant those trees and they could not be removed. Mr. Thrasher asked Mr.
Peterson if any of them are damage or diseased and he said they are not.
Clerk Taylor said they can get approval from the DOT when they apply for
the DOT permit for the driveway.
Vice -Mayor Stanley asked if the gate issue had been resolved. Mr.
Schrier said the ARPB recommended approval of the alternate design,
which is flat across the top, but he said the owners prefer the
originally proposed gate with the elliptical design and he asked the
Commission to consider that. Vice -Mayor Stanley explained that it is
the elliptical design that appears ornate, which is.discouraged, but he
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 15
said it does not have to be flat across the top. Commissioner Ganger
commented on another gate issue where the property owner installed a
gate with an ornate - looking family crest, it was not approved and he had
to take it down and replace it at his expense. Mr. Thrasher said if
there are no alternative designs from the original design and that which
was recommended by the ARPB, the Commission should go with the ARPB
recommendation. Commissioner Ganger said the applicant is welcome to go
back to the ARPB with another alternative design for the gate if they
wish to pursue the matter. Clerk Taylor said the neighbors on each side
of the property were in to see the plans and there were no comments
concerning the gate. She said Mrs. Schwartz had other concerns which
were addressed by the ARPB.
Vice -Mayor Stanley moved and Commissioner Ganger seconded to approval
the North Ocean Boulevard Overlay Permit to allow the removal of
existing landscape material and driveway, install new driveway and
landscaping and construct a 5' perimeter wall with entry gate within the
North Ocean Boulevard Corridor. There was no discussion. All voted
AYE.
Commissioner Daring moved and Vice -Mayor Stanley seconded to approve a
Land Clearing Permit to relocate /clear existing landscaping material for
relocation of driveway, preparation of building site and property
beautification. There was no discussion. All voted AYE.
Commissioner Daring moved and Commissioner Ganger seconded to approve a
Demolition Permit to remove existing structures. There was no
discussion. All voted AYE.
Commissioner Anderson moved and Vice -Mayor Stanley seconded to approve
Level III Architectural /Site Plan based on a finding that the proposed
construction of a 9,036 SF Colonial West Indies style partial 2 -story
single family dwelling, 3 -car attached garage 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. 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.
3. Wall and /or fence will be measured from the lowest abutting grade
with a maximum height of 8' including any lighting fixtures that may be
attached.
4. All chain link fencing will be screened from neighbor's view.
5. The landscape plan will protect existing Australian Pine Trees
and provide a 13' clear zone where possible allowing for the planting by
the Town of two Australian Pine Trees on the south of the existing
driveway entrance and up to eight on the north side of the existing
driveway.
6. Change the proposed gate design to the alternate gate design that
is less ornate. The agent has shown several gates along SR AlA, several
of which are fronting homes classified with Mediterranean style
architecture.
7. The property owner shall give the neighbor to the south 30 days
notice prior to commencement of construction.
There was no discussion. All voted AYE.
Regular Meeting and Public Hearing
Town Commission - November 9, 2012
Page 16
Mr. Thrasher made note that beginning December 1'4 demolition is a
restricted activity in Gulf Stream.
VIII. ROPOrts.
A. Utility Undergrounding -Danny Brannon (Engineer)
Mr. Brannon said about half of FPLs cost estimates have been received
and they are waiting for their design information. Mayor Orthwein asked
how long before we can go to bid. Mr. Brannon said once the designs are
received and the plans are synchronized, the Town can issue RFPs. He
said he would like to go out for bid in November, but they have been
pushing to receive costs and designs. Mayor Orthwein asked about the
cost of lighting along AIA. Mr. Brannon said it will cost about $1.2
million if FPL does the work, which is line with what was expected. He
said the Town will issue an RFP for construction work, giving them more
control over destruction of landscape and hardscape by holding
contractors liable. The Town will have the option of using FPL or a
secured contractor. Mr. Brannon said the Town will issue an RFP for a
Continued Services Contract with a landscape company to clear the areas
for placing transformers and switches.
With regard to switches, Mr. Brannon said FPL called for the standard
switches. He said Vista switches cost about $35,000 more than standard
switches, they are resistant to flooding conditions and are smaller in
size. It will cost about $140,000 to change to Vista Switches, but Mr.
Brannon said he budgeted for Vista switches. Mr. Brannon talked about
salvage value which is the value of materials after useful life that can
be sold, such as copper wire. He mentioned an ordinance he and Mr.
Thrasher discussed which provides that when underground facilities are
available, residents shall convert their facilities to the underground
and all future facilities shall be underground. In addition, he said if
you leave any overhead poles or facilities within the undergrounding
area FPL will take back the (Government Adjustment Factor) GAF waiver,
which comes to about $1 million for this project.
Mr. Brannon said FDOT has a
for providing lighting on a
per year, and he said if we
all of the lights and there
still receiving information
standard is to have a light
to at least replace what is
not uniform and he may have
provision that will reimburse a municipality
State Road at the rate of $201.00 per light
use FPL lights the agreement would pay for
will be no cost to the Town. He said he is
on FDOT requirements, but he said the
every 150 feet on each side of the road and
removed. Mr. Brannon said the lighting is
to discuss redistribution with FDOT.
Mrs. Wibblesman asked for the status of laying fiber optics in the
trenches so they can update cable. Mr. Brannon said that Comcast has
come out with new cable and their service has progressed. However, he
said AT &T is trying to figure out what to do with U- Verse, it is still
experimental and they will not commit to installation. Commissioner
Ganger said AT &T said they will abandon all of their landlines and asked
if the Town would be in a position to be obligated to go with Comcast.
Mr. Brannon said most of their resources have moved to wireless.
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 17
Mr. Boardman said there is concern as to what the street lights will
look like. He said he heard it could cost $3,000 per light if we vary
away from the FPL standard lighting to upgrade and he asked if there are
options. Mr. Brannon said the standard issue is the traditional light
on the fiberglass pole or Cobra Head on a concrete pole, there is no
cost for installation and the monthly fee is about $15. He said
upgrading through FPL is very expensive, they charge about 40% plus cost
to install and there is a monthly fee, which is why almost nobody takes
their premium plan. Mr. Brannon said you can upgrade if you buy,
install and maintain, which runs from $250,000 to $500,000 and this is
the decision the Town has to make.
Commissioner Ganger said the cost for lighting could not be included the
assessment and he asked if the Town wants to spend $500,000 on fancy
lights. He said the Commission will do what is right for the community,
but if lighting is that important to the community our residents should
attend the meetings.
B. Town Manager - No Report
C. Architectural Review & Planning Board
1. Meeting Dates
a. November 15, 2012 at 8:30 A.M.
b. December 27, 2012 @ 8:30 A.M.
c. January 24, 2013 @ 8:30 A.M.
d. February 28, 2013 @ 8:30 A.M.
e. March 28, 2013 @ 8:30 A.M.
f. April 25, 2013 @ 8:30 A.M.
Mayor Orthwein noted the upcoming meeting dates of the ARPB.
D. Finance Director
1. Financial Report for October 2012
2. Optional Format - Financial Report for October 2012
Mr. Thrasher requested that the Financial Report for October be approved
as submitted. Commissioner Dering commented that note payable is not
right, and he said the report does nothing more for him than the last
report. Commissioner Ganger asked when the Town will start to collect
property taxes that were paid by taxpayers on November 30th. Clerk
Taylor said we have received about $2,900 so far and there is a list of
dates when the Town can expect additional payments. She said the
payment due at the end of November will be substantial. Commissioner
Ganger asked if the Town is reimbursed for locates. Mr. Thrasher said
the Town is not reimbursed. Commissioner Ganger moved and Vice-Mayor
Stanley seconded to approve the Financial Report for October 2012.
There was no discussion. All voted AYE.
E. Police Chief
1. Activity for October 2012
Lieutenant Allen requested that the Activity Report for October 2012 be
accepted as submitted. The Report was accepted by the Commission.
IX. Items for Commission Action.
A. Items by Mayor & Commissioners
There were no items by the Mayor or the Commissioners.
Regular Meeting and Public Hearing
Town Commission - November 9, 2012
Page 18
X. Public.
Cuppy Kraft of 10 Little Club Rd. said it is difficult to see the
drawings and renderings displayed by architects during their
presentations. She said it was discussed at an earlier ARPB meeting
about architects making their presentations with some of the newer
technology and she asked about the status of the Town updating their
technology for that purpose. Mayor Orthwein said it is expensive and
this year the Town had to replace their accounting software; however,
she said they will discuss the matter in the future.
Mrs. Kraft said the City of Delray Beach has a new plan for Atlantic
Blvd. at Federal Hwy and she asked the Commission if they would consider
making a recommendation supporting their plan. Mr. Thrasher said it is
a Delray Commission decision. Commissioner Ganger said Gulf Stream
residents could show their support as private citizens. Commissioner
Dering agreed with Mr. Thrasher and Commission Ganger saying it would
not be the Town Commission's place to do so, but he said residents could
show their support as individuals.
XI. Adjournment. Commissioner Dering moved and Commissioner Anderson
seconded to adjourn the Meeting. There was no discussion. Mayor
Orthwein adjourned the Meeting at 1:05 P.M.
Gail C. Abbale
Administrative Assistant
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 12, 2012 AT
9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD,
GULF STREAM, FLORIDA.
I. Call to Order. Mayor Orthwein called the Meeting to order at
9:00 A.M.
II. Pledge of Allegiance. The Pledge of Allegiance was led by the
Mayor.
III. Roll Call.
Present and
Participating
Also Present and
Participating
IV. Minutes.
Joan K. Orthwein
Tom Stanley
Muriel Anderson
W. Garrett Daring
(Via Telephone)
Robert W. Ganger
William H. Thrasher
Rita L. Taylor
John Randolph
Garrett Ward
Quinn Miklos, Arch.
Miklos & Associates
Hope Calhoun, Esq.
Robert Jones, Arch. of
Jones Architects
Joe Pike, Proj. Eng
Enviro Design
Danny Brannon of
Brannon & Gillespie
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Clerk
Town Counsel
Police Chief
Agent for Swift
Attorney for Seaside
Builders & Harbor
View Estates, LLC
Architect for Seaside
Builders & Harbor
View Estates, LLC
Engineer for Seaside
Builders & Harbor
View Estates LLC
Town Consultant for
Underground Project
A. Regular Meeting held September 14, 2012
Commissioner Ganger said, at the September 14th Meeting, Commissioner
Dering said if the Town is considering buying light and poles, we should
also look into leasing them. He said that comment was omitted from the
Minutes. Clerk Taylor said the Minutes of the Regular Meeting held
September 14, 2012 will be amended to include Commissioner Dering's
suggestion. Commissioner Ganger moved and Commissioner Anderson
seconded to approve the Minutes of the Regular Meeting held September
14, 2012, as amended. There was no discussion. All voted AYE.
B. Tentative Budget Public Hearing held September 14, 2012
Commissioner Anderson moved and Commissioner Ganger seconded to approve
the Minutes of the Tentative Budget Public Hearing held September 14,
2012. There was no discussion. All voted AYE.
C. Special Meeting held September 25, 2012
Regular Meeting and Public Hearing
Town Commission Meeting - October 12, 2012 Page 2
Commissioner Ganger moved and Commissioner Anderson seconded to approve
the Minutes of the Special Meeting held September 25, 2012. There was
no discussion. All voted AYE.
D. Final Budget Public Hearing held September 25, 2012
Commissioner Ganger moved and Commissioner Anderson seconded to approve
the Minutes of the Final Budget Public Hearing held September 25, 2012.
There was no discussion. All voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
There were no changes.
VI. Announcements.
A. Rei
1.
2.
3.
4.
5.
6.
There were no
jular Meetings and Public Hearings
November 9. 2012 @ 9:00 A.M.
December 14, 2012 @ 9:00 A.M.
January 11, 2013 @ 9:00 A.M.
February 8, 2013 @ 9:00 A.M.
March 8, 2013 @ 9:00 A.M.
April 12, 2013 @ 9:00 A.M.
conflicts in the Meeting Schedule.
VII. PUBLIC HEARING.
Clerk Taylor asked for declarations of Ex -parte communication concerning
the items being heard during this Public Hearing. There were no
declarations of Ex -parte communication. Clerk Taylor administered the
Oath to the following: Quinn Miklos, Architect; Hope Calhoun, Esq.;
Mark Grant, Esq.; Robert Jones, Architect; Joe Pike, Project Engineer;
and, Danny Brannon, Utility Undergrounding Consultant.
A. Board of Adjustment
1. Request for 1 yr. extension of a Level III
Architectural /Site Plan Approval for improvements at 2562
Avenue Au Soleil- Constance J.M. Swift
Quinn Miklos introduced himself as the architect for this project and
also as the homeowner. He said he and his wife, Constance Swift, are
requesting a one -year extension on this project, which was previously
approved in June of 2011, due to medical complications. He said his
wife was being treated for Lymes Disease and, as a result, they had to
travel away from the area for several doctor visits during the past
year. Mr. Miklos said the permit application for this project was
finally submitted on September 15, 2012 and he was informed at that time
that the project approval had expired and a request for an extension was
required.
Commissioner Anderson asked
refresher. Mr. Miklos said
original proposal. He said
a double lot with a lot of
two bedrooms, a family area
all landscaping will remain
Mr.
the
the
Land
and
and
Miklos to summarize the project as a
project has not changed from the
existing single -story structure sits on
scaping, they are adding a 3 -car garage,
a swimming pool. Mr. Miklos said that
they will use the existing driveway.
Mayor Orthwein said that everything previously approved is consistent
with the current code, including recent changes to the Code.
Regular Meeting and Public Hearing
Town Commission Meeting - October 12, 2012 Page 3
Commissioner Stanley moved and Commissioner Anderson seconded to approve
an extension of the effective period of an approved application for one
additional calendar year for 2562 Avenue Au Soleil. There was no
discussion. All voted AYE.
B. Applications for Development Approval
1. 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 REVIZW 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.
Hope Calhoun, Esq., introduced herself as an attorney for the applicant,
and she said her law partner, Mark Grant, the Architect, Engineer and
property owner are also present. Ms. Calhoun said the Commission saw
the plat associated with this property in September of last year and
were made aware of various issues concerning the property itself. She
said since then the applicant has received plat approval and unanimous
site plan approval for this single family home by the ARPB. Ms. Calhoun
said they are here to discuss the approval of a single family home on
one of the lots, and she asked that the Commission focus only on what is
before them today with regard to the single family home. She said the
team will be happy to answer any questions regarding the site plan
approval. Ms. Calhoun also reserved time, if necessary, to address the
Commission and any comments following the presentation.
Richard Jones, Architect for the project, walked the Commission through
the site plan. He said as you drive by the property on AlA you can see
six pristine lots developed per plan for drainage, landscape buffer,
site walls and roadways for access, and he said the property is ready
for this next phase of development. Mr. Jones said this first home is
on Lot 3 in the southwest corner overlooking Hidden Harbour. He
described the proposed structure as a traditional Bermuda style home
with appealing massing of 1 -story and 2- story. It will have a white
mitered flat tile roof, soft pastel colors, accent shutter colors, some
trim detail around the garage doors, a carriage house above the garage
marking the entry and a terrace off of the rear with a detached sitting
area overlooking the harbor. Mr. Jones thanked Mr. Thrasher and Clerk
Taylor for their assistance, and he said the ARPB gave a unanimous
recommendation of approval at their September meeting. He said they
will go back before the ARPB with two additional designs in October.
Commissioner Anderson asked if this is a spec home and Mr. Jones
confirmed that. He said one of the two coming up in October is also a
spec home and the other is under contract. Commissioner Ganger asked
about the color scheme. Mr. Jones said it is a very pale blue with dark
navy shutters and white trim. Commissioner Stanley asked about the
Regular Meeting and Public Hearing
Town Commission Meeting - October 12, 2012 Page 4
massing from back to front with regard to the carriage house, 3 -car
garage and breezeway connection. Mr. Jones said the garage is attached
by the roof and is separated from the main house by a breezeway. The
philosophy is to break down the mass by elongating the house, breaking
it up but keeping it attached with roofs, breezeway connections and
wrap- around balconies. He said a foot bridge connects to a boat house
with an open -air sitting area under roof and an outdoor fireplace and
overlooking Hidden Harbour. Commissioner Ganger asked what will be
stored underneath the sitting area. Mr. Jones said it will be storage
for life preserves and boating supplies and it will be enclosed with no
visibility of that space. Commissioner Ganger asked if the porch area
over the left side of garage is functional. Mr. Jones said it is 4 feet
deep, 12 feet wide, it is accessed through doors from the carriage house
over the garage, and it is a functional wrap- around porch with ample
room for a few chairs. Commissioner Ganger asked about the landscaping.
Mr. Jones said there will be ample landscaping around the perimeter of
the house, there is a 15' no cut zone along the south elevation and all
existing vegetation will remain, and he said there will be new
landscaping around the perimeter which will significantly buffer the
house on both the south and west elevations. Commissioner Ganger asked
how this ties into the drainage. Mr. Jones said the drainage was
designed for the subdivision and it is in place. He asked Mr. Pike to
respond concerning drainage.
Joe Pike of Enviro Design Associates introduced himself. He said the
original design for the overall development includes internal swales in
front of the lots that, when full, will spill into the yacht basin.
With regard to the individual lots, the plan is augmented with on -sight
inlets and guttering against the outside south walls to be sure nothing
spills over the walls. Mr. Pike said they work with the master drainage
plan and augment the plan as required. Mayor Orthwein asked if all has
been approved by the South Florida Water Management District and Mr.
Pike confirmed that.
Commissioner Anderson moved and Commissioner Stanley seconded to approve
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 seating area, a total of 9,229 SF, and a
swimming pool meet the minimum intent of the Design Manual and
applicable review standards. Commissioner Ganger asked if the motion
includes the conditions. Commissioner Anderson said it includes the 5
conditions.
Commissioner Ganger asked if a condition for approval is imposed on one
of the other houses would automatically be imposed on this one. Mr.
Randolph said it would not apply to this house after it has been
approved. Mayor Orthwein asked if members of the public wished to
comment. There were no public comments. Commissioner Ganger said there
are individuals who expressed concerns regarding this project from day
one, and he asked Clerk Taylor if there were any communications, other
than Mrs. Touhey. Clerk Taylor said there have been two parties that
came in to view the plans. She read Mrs. Touhey's letter into the
record. Mrs. Touhey stated in her letter that she is unable to attend
Regular Meeting and Public Hearing
Town Commission Meeting - October 12, 2012 Page 5
public hearings concerning applications for homes in the subdivision.
She said she feels the developer has not lived 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.
Mayor Orthwein commented that Mr. Thrasher was very diligent with
inspections of this property and that he inspected the property at all
hours of the day and night. For the record, Commissioner Ganger said it
should be acknowledged that there was no public comment at this meeting,
the letter from Mrs. Touhey was read into the record and we must assume
the Community is satisfied that the terms and conditions have been met.
He said a concern of the Community is the cookie cutter look, and he
asked if the designs not shown today are similar. Mr. Jones said they
will all be unique with a similar theme of breezeway attachments to a
garage with a carriage house above. He said there will be one more
Bermuda style and a Colonial West Indies style, with variations of
zoning, lot layout and colors. For the Record, Commissioner Ganger said
the Commission is only approving one design, but we believe that the
subdivision will consist of a lovely 6 -house neighborhood, all with an
individual look.
Commissioner Anderson amended the motion listing the recommended
conditions for approval, as follows:
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 neighbor's view.
There was no discussion. All voted AYE.
VIII. Reports.
A. Utility Undergrounding -Danny Brannon (Engineer)
Danny Brannon of Brannon & Gillespie referred to the handout provided to
the Commissioners and summarized the three options given. He said there
are 85 lights, the FPL monthly cost is $15.00 per light, noting that
rent is paid on each foot of underground wire that serve the lights, and
they assume there is 100 feet of wire between lights. Transformers will
be every 2nd or 3 :d light, depending on the size of lots. Mr. Brannon
said the upfront cost to FPL is zero, the present value of 85 lights is
$117,489 over a period of 10 years. If the Town considers installing
the high pressure sodium lights, the upfront cost would be about
Regular Meeting and Public Hearing
Town Commission Meeting - October 12, 2012 Page 6
$191,000, with a present value of approximately $62,000, paying $8.00
per light per month over 10 years.
Commissioner Dering asked about the interest rate. Mr. Brannon said
they use a discount rate of 6 %, which may sound high. Commissioner
Dering asked for the gross numbers before the present value. Mr.
Brannon said he did not have those numbers with him, but he said the
discount rate is reasonable. He said we have the actual monthly
numbers, we know what the term is and it is easy to change the rate,
which will change the numbers. Mr. Brannon spoke of a project where
they installed 99 FPL traditional lights and then contracted with an
outside firm to do the installation and maintenance, which omitted FPL.
Their pricing was higher, but they negotiated them down to the FPL rate.
Mr. Brannon said the outside firm had a vested interest in that area and
it was a unique benefit for them.
Mr. Brannon said the possibility of leasing as opposed to purchasing the
lights was previously discussed, and he said if the Commission feels
that avoiding a $200,000 upfront cost is in the best interest of the
Town, we can research companies that provide a leasing service and
compare their prices to FPL. Mr. Brannon said if the Town purchases
their own lights, you begin paying for them as they are installed and
you also begin paying the energy charges. If the Town contracts with a
power company it will depend on how your contract is written, and Mr.
Brannon said there will be two separate contracts, one for north end and
another for the south end.
With regard to a question raised recently concerning FDOT lighting
requirements along AIA, Mr. Brannon said his firm has a lighting project
along AlA in Jupiter, which includes streetscape improvements and a bike
path, and he said the street is being illuminated by AASTO Green Book
Standards. He said he would like to know if Jupiter is following those
standards by choice or by order of the FDOT. Mr. Brannon said he and
Mr. Thrasher will look into compensation provided by the FDOT per light
along AIA because an annual compensation may drive the installation
along AlA. Mayor Orthwein asked what percentage of the 85 lights will
be installed along AlA and Mr. Brannon said probably about a third.
Mayor Orthwein agrees with looking into FDOT lighting requirements along
AlA and complying with those standards with the possibility of receiving
annual compensation from FDOT. She asked if the FPL Traditional lights
comply with FDOT. Mr. Brannon said they do not provide good light for
the street, but he said if the Town can receive enough money from FDOT
to pay for lights that comply, we may want to go back to Cobra Heads
with concrete poles, which are cheaper. He said we can add wattage and
the price may be about the same per light. Mayor Orthwein said we would
end up with two different types of lights; Cobra Heads on AIA and the
Traditional style in the interior.
Commissioner Stanley asked if the lights have been plotted and, if so,
he asked if the Commission could review it. Mr. Brannon said they have
been plotted, but he said the Police Department should review the plot
before the Commission. Commissioner Ganger said he would like to
address LED lighting. Based on the upfront cost of $200 per light, Mr.
Regular Meeting and Public Hearing
Town Commission Meeting - October 12, 2012 Page 7
Brannon said the LED driver and lamp would end up being about 50% of the
wattage of a 70 watt fixture. He said down the road LED will be equal
in price to the high pressure sodium, and as LED continues to progress
the price will come down. Mayor Orthwein commented that FPL will not
service LED and, therefore, the Town would have to purchase LED and
enter into a service contract with a leasing company. Commissioner
Stanley asked, if the Town goes with the Traditional high pressure
sodium lights and switch to LED later, would make sense to buy the
lights and poles if we are going to convert to LED down the line. Mr.
Brannon said FPL does not make changes very fast. He said his guess is
that FPL will shift to LED at some point, but it would be risky to
anticipate when that will be. He said the cost of conversion would be
the same as re- lamping, and the cost to convert to an LED driver and
lamp will probably be the same in 10 years.
Commissioner Ganger asked George Elmore, who was present, if he had any
input. Mr. Elmore suggested that the Town address the turtle issue with
regard to lighting before moving forward. Mr. Brannon said his firm has
had major experience with the turtle issue and they have a good
understanding of the lighting requirements. Mayor Orthwein asked if our
current lighting is turtle friendly and Mr. Thrasher said there have
been no complaints. Mayor Orthwein asked when we might have information
from FDOT. Mr. Brannon said he and Mr. Thrasher are checking into some
of the other areas along AlA, and he said they do not want to make overt
motions until they have a better understanding of the benefit they are
currently paying the Town.
Commissioner Stanley described the lighting style around the turtle
nesting areas in Palm Beach. Chief Ward said there are no lighting
issues in Gulf Stream concerning the turtles, but he said the Police
Department is often contacted by the turtle representatives and it would
be a good idea to get their input. Mr. Brannon said he basically
brought data showing the costs of going with FPL, going with a third
party leasing company or the Town owning the lights outright. He said
the next step is to get with FDOT to find out what their implication are
for funding support along AlA, their requirements of lighting style and
their illumination level requirements. Commissioner Dering asked about
the timing of this decision. Mayor Orthwein said the Town needs the
information from FDOT to make a decision.
Mr. Brannon said FPL moved their date for lighting cost estimates and
design to the end of October, he should have them in about two weeks,
and at that time they will reconcile FPL, ATT and Comcast into a
composite and hope to have the RFPs out in November. Commissioner
Ganger asked if leasing would be a viable alternative since we do not
have $100,000 in the Capital account to pay for this. Mr. Brannon said
it seems the Commission is leaning in that direction and the information
from the FDOT will have an impact on their decision. Commissioner
Dering asked Mr. Thrasher to come up with a budget showing how the Town
is going to pay for this and he asked if for the information by next
month's meeting. Mr. Thrasher said he can work on it, but he said a lot
depends on Mr. Brannon's input and he is not sure that FDOT can provide
their information within a 30 -day cycle. Mr. Brannon said he was not
Regular Meeting and Public Hearing
Town Commission Meeting - October 12, 2012 Page 8
aware of FDOT paying municipalities for installing lights along AlA, but
he said he and Mr. Thrasher will try to have answers for the November
Meeting.
Commissioner Dering asked about the gross numbers. Mr. Brannon said the
gross cost on the initial install is on the handout and the monthly cost
is listed in the right -hand box next to each option. Commissioner
Ganger asked Mr. Brannon if he shows a residual value of the lights if
the Town owns them. Mr. Brannon said he has not done a buy vs. lease.
Mayor Orthwein asked Mr. Brannon for his recommendation. Mr. Brannon
said if you go with the Traditional fiberglass poles, lantern, post and
fixtures, the Town would be better served going with the FPL contract
because you avoid the upfront costs, administrative costs are minimal
and maintenance is built in.
B. Town Manager
Mr. Thrasher announced that the Town has a new employee, Jake Wayne
Songer, and he said today completes his second week. Mr. Thrasher said
that Wayne and Brian have been heavily involved in navigating the
undergrounding of the gas line. He said we have a lot of water
facilities in that area and, to date, we have had no water leaks or
breaks. Mr. Thrasher said he is thankful to have Wayne on board.
1. Accounting System Upgrade Options
a. In House Storage
b. Off Site Hosting (Cloud)
Mr. Thrasher summarized the Memorandum he provided to the Commissioners
which included backup and his recommendation. He said the first option
is to purchase the software and house it on -site, which is what the Town
has been doing since 1996. Mr. Thrasher said Staff is using basically
the same software, we have made good use of it and we have been able to
maintain the security and backup on site. He said the second option is
Off -Site Hosting (Cloud), which is going from workstation to internet to
another location somewhere in the United States, or possibly offshore,
rather than going from workstation to server. The general purchase
price for the In -House option is about $20,238, which may have other
associated costs. The upfront cost for the "Cloud" option is $6,982.
The yearly maintenance fees vary quite a bit: In -house Option - $3,800
per year; Cloud Option - $6,783 per year.
Mr. Thrasher said our provider will support our current software with
protection and service for another 12 - 18 months from this date. He
said currently we have a mirrored 3 -drive system where data enters the
server, it goes to three different locations and, in the event a drive
fails, our IT person can notify us remotely so that we can make repairs.
There is a tape backup system which is done on a daily basis and the
mirror process takes place twice a day. Mr. Thrasher said we would like
to enhance our current system by updating to a better firewall and by
backing up to a detachable exterior drive. He said the Cloud option is
offered by our current provider. They have three remote locations in
the United States, which are somewhere in the Northeast, West and
Midwest, they have excellent IT people who are responsible for backup
and updates, which are provided on a timely basis. Mr. Thrasher said
there are other off -site options to consider for the future, which are
Regular Meeting and Public Hearing
Town Commission Meeting - October 12, 2012 Page 9
pricey, but he said he will continue to look at the off -site option. He
said a decision does not have to be made today.
Commissioner Dering asked if other vendors had input. Mr. Thrasher said
he talked to the IT people and managers of other municipalities and
received good input. He said he talked to other vendors, such as Munice
and FMS, and they are both very pricey. Mr. Thrasher said he is
familiar with Munice and their cost would be between $100,000 and
$200,000. He said if we were a first time user of Fundware we would pay
between $40,000 and $50,000 for the In -House option.
Commissioner Stanley asked if we have a migration issue and Mr. Thrasher
said we do, but he said it is common. He said systems run concurrently,
the data conversion takes one year, and he after the conversion the old
system would be kept live and active to go back for history, etc. Mr.
Thrasher said he would like a decision, but he said he does not want to
move forward with implementation until after our Audit is complete,
which would be sometime in January. Commissioner Ganger asked if the
auditor had a recommendation. Mr. Thrasher said when it entails a
policy decision the auditor tries not to get involved, but he said Ron
Bennett said he would not go with the Cloud because there is more risk
and less control.
Commissioner Ganger was concerned that our current provider could be
bought out and we would be forced to change to something we were not
happy with. Mr. Thrasher said our current provider has a very good
reputation, they are large and it could happen, but he said he has no
indication of that. Commissioner Stanley said he talked to people who
say that municipalities with trained people who are working with an in-
house server, tape backups and periodic updates can go for years with
minimum support if they own the software. He said if we go with the
cloud because they can raise their fees or sell out and we would have no
say. Mayor Orthwein said purchasing the software and housing it in-
house sounds like it provides more stability and control, there would be
less risk and probably cheaper in long term.
Mr. Thrasher said he would like to get the decision behind us and he
recommends purchasing the software and keeping it in- house. He reminded
the Commission that, if we do this, there are insufficient funds in that
line item in the recently approved budget. Mr. Thrasher said his
recommendation would be for Water Utilities to pay a share of this cost
proportionate to their budget, through a transfer, which is reasonable.
Commissioner Stanley asked if the $4,000 is charged in the first year
and if the total for the first year is $24,000. Mr. Thrasher said the
$24,000 will be paid in the first year. Commissioner Stanley moved and
Commissioner Ganger seconded to approve Staff's recommendation to
purchase the software to be housed on site for accounting in an amount
not to exceed $25,000, which should be proportionately allocated between
the General Fund and the Enterprise Fund. There was no discussion. All
voted AYE.
C. Architectural Review & Planning Board
1. Meeting Dates
Regular Meeting and Public Hearing
Town Commission Meeting - October 12, 2012 Page 10
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.
Mayor Orthwein noted the meeting dates of the Architectural Review and
Planning Board. She said a Newsletter just went out to the Community
which provides upcoming meeting dates and other important information.
Mayor Orthwein announced that the webpage would be up and running soon.
D. Finance Director
1. Financial Report for September 2012
Mr. Thrasher requested that the Financial Reports for September, 2012 be
approved as submitted. Commissioner Dering asked about the balance
sheet. Clerk Taylor said the balance sheet did not scan when making
copies for the packets. She said the balance sheet was distributed to
each Commissioner this morning and she will fax one to Commissioner
Dering after the meeting. Commissioner Ganger asked about funds for the
underground project that were actually transferred from reserves to the
bank as the Town's commitment for the undergrounding project. He said
he realizes Mr. Thrasher is constantly shifting funds to Brannon &
Gillespie to pay bills. Mr. Thrasher said the project involved a lot
of support costs and the anticipated transfer from reserves to the
General Fund was budgeted at $430,000. He said as of today this report
indicates that $426,964 needs to be transferred from reserves. Mr.
Thrasher said he will not know the true number until year end accounting
work is complete because we may have additional costs that will be paid
in October and accrued to September 30th, which may affect that number.
Commissioner Ganger moved and Commissioner Stanley seconded to approve
the Financial Report for September, 2012. There was no discussion. All
voted AYE.
2. Optional Format- Financial Report for September 2012
3. Water Usage as of September 30, 2012
Commissioner Ganger asked if there is a new normal for water usage that
the Town should be thinking about. Mr. Thrasher said no. He said the
Town used less water due to the abundance of rain and this is the first
year the Town is showing a surplus. Commissioner Dering said that part
of the surplus is due to the amount being billed for reserves. Mr.
Thrasher said we have also pulled back on our Contractor's activities
over the last couple of months to under $20,000.
E. Police Chief
1. Activity for September 2012
Chief Ward requested that the Activity Report for September, 2012 be
accepted as submitted. Commissioner Ganger asked if there were any
injuries due to the auto accident. Chief Ward said there were no
injuries. The Activity Report for September, 2012 was accepted as
submitted.
IX. Items for Commission Action.
A. Resolution No. 012 -14; A RESOLUTION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA, CONCERNING AMENDMENT 4 TO
Regular Meeting and Public Hearing
Town Commission Meeting - October 12, 2012 Page 11
THE FLORIDA CONSTITUTION WHICH, IF ADOPTED, WOULD CREATE
ADDITIONAL INEQUITIES IN FLORIDA'S TAX SYSTEM BY GRANTING
CERTAIN TAX BREAKS TO SOME TAXPAYERS AT THE EXPENSE OF OTHER
TAXPAYERS.
Clerk Taylor read the title of Resolution NO. 012 -14, presented for
adoption this 12i° day of October, 2012. Mayor Orthwein and Commissioner
Ganger and Commissioner Anderson expressed their support. Clerk Taylor
said the League of Women Voters, the Palm Beach County Municipal League
and the State of Florida also support the Resolution. Commissioner
Ganger moved and Commissioner Anderson seconded to approve the adoption
of Resolution No. 012 -14. There was no discussion. Roll Call: Vice -
Mayor Stanley, AYE; Commissioner Anderson, AYE; Commissioner Dering, NO;
Commissioner Ganger, AYE; Mayor Orthwein, AYE. Resolution No. 012 -14
was adopted by a vote of 4 - 1.
B. Items by Mayor & Commissioners
There were no items by the Mayor or the Commissioners.
X. Public.
There were no comments by the Public.
XI. Adjournment. Being no further business to come before the
Commission, the Meeting was adjourned by Mayor Orthwein at 10:45 A.M.
Gail C. Abbale
Administrative Assistant
Architectural Review and Planning Board Seeks Members
Are you interested in the future development of the Town? If so, the Town Commission is now
accepting letters of interest from Town residents who are interested in serving on the
Architectural Review and Planning Board (ARPB). The ARPB is a voluntary board which reviews,
considers and makes recommendations to the Town Commission regarding proposed
development projects and issues within the Town.
ARPB members are required to be registered voters within the Town and to be able to attend
the monthly meetings, which are held on the fourth Thursday of each month. Although no
specific experience is required, consideration will be given to applicants who have experience in
planning, law, architecture, landscape architecture, engineering, natural resource management
and related fields. ARPB members serve three year terms and are limited to three consecutive
terms of service.
Currently, the ARPB has openings for one regular board member and two alternates.
Residents interested in joining the ARPB should send their letters of interest to the Town Hall at
100 Sea Road. The Town Commission reviews each applicant and decides on board
membership.
Kelly Avery
From: Bill Thrasher < bthrasher @gulf - stream.org>
Sent: Thursday, October 04, 2012 9:15 AM
To: Marty Minor
Ask Mr. Cross to contact the Club Manager, Kevin Bauer, at 278 -0392. He appears to be quite open to the idea.
Good Luck.
1:77
William H. Thrasher, ICMA -CM, CGFO, CGFM
Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Office 561.276.5116 I Fax 561.737.0188
Direct e-mail: bthrasherCcDqulf- stream.org
Development Review Process
In order to preserve our unique community character, the Town adopted Design Guidelines
that address exterior aspects of your home. If you are planning exterior remodeling, painting,
major landscaping work or any significant property improvements, please contact the Town
Manager at (561) 276 -5116 to review your plans and determine what requirements may apply.
The Town's Future Land Use Plan (PDF link) and Zoning Map (PDF link) govern the uses and
structures allowed within the community. The Town has no existing nor allows commercial or
industrial uses. The Town Code of Ordinances, including the Land Development Regulations
and Design Manual, and the development applications are available for review and purchase at
Town Hall. Design professionals are encouraged to review the Town Code and Design Manual
before planning any new construction within the community.
Prior to any changes to the exterior of the home, major landscape work and /or other property
improvements, a pre - application meeting is required with the Town Manager. Development
plans and elevations must be presented at the meeting for review and discussion. This meeting
will determine the appropriate development review process and what materials are required
for submittal.
The Town has three development review processes: Level 1, 2 and 3 Architectural /Site Plan
Reviews. Level 1 Reviews address accessory buildings and structures and minor renovations
where less than 300 square feet are affected. Level 1 reviews are approved or denied by the
Town staff.
Level 2 Architectural /Site Plan Reviews address the following development projects:
• Detached, habitable, minor accessory structures;
• Expansion or demolition of more than 300 square feet of building area but less than 50
of the existing total floor area.;
• Projects which utilize discouraged architectural styles, elements or materials;
• Removal of more than two trees of over eight inches in caliper or removal of trees
without replacement; and
• Level 1 review items with proposed signage or additional development impacts.
Level 2 Architectural /Site Plan projects are reviewed and approved or denied by the Town's
Architectural Review and Planning Board.
Level 3 Architectural /Site Plan projects are reviewed by the Gulf Stream Town Commission after
receiving recommendations from the Architectural Review and Planning Board and the Town
Staff. Level 3 Reviews address the following:
• New primary structures, like new homes;
• Expansion or demolition of more than 50 percent of the total floor area of the existing
structure;
• Development proposals which need one of the following:
• A variance;
• A special exception;
• A Subdivision of property; or
• Subject to a Development Agreement.
• Projects which require an amendment to the official zoning map and /or future land use
map;
• Developments of Regional Impacts;
• Clearing more than 50 percent of a site's vegetation; and
• Level 2 review items which are recommended for Town Commission review by the
Architectural Review and Planning Board because of the project's potential impacts to
the Town.
The level of the development project's review will be determined during the pre - application
meeting.
New development applications are due to the Town by the 1511 of each month. Depending
upon the request, a development application may be reviewed and considered by Town Staff,
the Architectural Review and Planning Board and Town Commission. For items requiring
consideration by the Town Commission, recommendations are provided by the Architectural
Review and Planning Board and Town Staff. A chart outlining the development review process
is here (PDF link).
Building Permits are processed through an agreement with the City of Delray Beach. All
applicants must fill out the applicable City of Delray Beach Building Permit application and
submit it to the Town of Gulf Stream with four sets of drawings, product approvals, etc., as
required by the City of Delray Beach, for approval. After approval from the Town of Gulf
Stream, all permits are picked up by the applicant and submitted to the City of Delray Beach for
review and inspections.
Draft Website copy re Gulf Stream Civic Association
The Gulf Stream Civic Association provides residents an opportunity to be involved in making the Town a
better place to live. Founded in 1956, GSCA is the second oldest such association in Palm Beach County.
Roughly three quarters of all owner - occupied households are members. Modest dues are generally
invested in projects relating to beautification, safety, and protection of property values. The Association
also provides a forum for residents to stay informed on local issues, and to provide input to elected
officials on matters of importance to the community.
Corrections, amplifications to the history tab.
In 1916, the State of Florida began to open a stretch of roadway along the Atlantic Ocean coastline, as a
more scenic alternate to Route 1, now called the Federal Highway. The road eventually became known
as State Road AlA. To address high winds along the route, Australian Pines were planted along both
sides of A1A, from Jacksonville to Miami. The Town of Gulf Stream is the only remaining stretch where
the Australian Pine Canopy still remains. It has since been designated as an historic and scenic highway,
allowing the Town to protect and cultivate new plants to maintain and expand a stand of more than 300
pines.
During the early 1920s, the land now called Gulf Stream was largely in its raw natural state, with a few
cultivated acres leased for farming or grazing. At the time, the intercoastal canal was freshwater,
providing irrigation for agriculture. Starting in 1922, Bessemer Properties, a real estate venture
controlled by the family of Henry Phipps, Jr. (co- founder with Andrew Carnegie of the company that
became U.S. Steel) began to accumulate parcels of land on both sides of the intracoastal canal for future
development. Friends and business associates of the Phipps family in Palm Beach saw the roughly 500
virgin acres of property as an ideal location for a golf course and polo fields, surrounded by seasonal
residences.
Led by two of Henry Phipps' sons, Jay and Howard Phipps, and including prominent Palm Beach
residents such as Paris Singer, Edward Stotesbury, Edward Shearson, and E.F. Hutton, plans were laid to
construct a first -class golf club. The Gulf Stream Realty Company (so named because of the close
proximity of the property to the ocean gulfstream) was established to market residential lots along the
ocean front, some of which were acquired as early as 1923. In March of 1924, founding members
established the Gulf Stream Golf Club. Legendary Palm Beach architect Addison Mizner was
commissioned to design the clubhouse; the course was planned by Donald Ross, who designed
Pinehurst in 1907. The Club officially opened for play in 1925 and remains one of the premier private
golf clubs in the country.
In 1925, Bessemer Properties applied to the State of Florida for a charter to incorporate acquired
acreage into a town. Initially, the company had planned to name the community "Phipps Beach ", but
the "Gulf Stream" name was now ingrained. Gradually, a cluster of seasonal homes began to be built
along the oceanfront. Most were designed by renowned Palm Beach architects under a Phipps maxim
that they connote "understated elegance ". Several of these original homes still exist, largely unchanged
in appearance from the 1920s.
Prior to completion of the golf course, plans were underway to build a five -field polo complex between
the ocean road (AlA was not completed at the time) and the intracoastal waterway. Initially known as
"Phipps Fields ", the Gulf Stream Polo Club commenced play in early 1927 and almost immediately
emerged as the "Winter Polo Capital of the World ". Afternoon matches drew large crowds -- royalty,
socialites, celebrities, and many local residents, drawing attention to Gulf Stream as a sophisticated
winter resort.
The developers of Gulf Stream had expected steady growth in the 19305, but the 1929 Crash and
ensuing Great Depression put a damper on the pace of expansion. Plans for a non - denominational
church for residents were set aside, but in 1938 the Gulf Stream School opened to educate the children
of seasonal families. Even in tough times, the golf club, polo fields, and later a bath and tennis club,
remained a magnet for residents and visitors seeking relief from cold weather and economic woes.
The advent of World War II brought about a profound change to the Town of Gulf Stream. Proximity to
the gulf stream meant that shipping lanes and German U -boats were only a few miles east. The golf
course was closed to members, but remained open for maintenance and limited access to servicemen
stationed at nearby military bases. Coast Guard and Navy Sea -Bees patrolled the beaches, many on
horseback. The Coast Guard shipped horses from Kansas for this duty, housing them in the stables
recently occupied by polo ponies. The Gulf Stream Bath & Tennis Club, founded in 1935 by Mrs. Howard
Phipps, became a Red Cross U.S.O. center for entertaining troops stationed at the nearby Boca Raton
aviation training base. Local lore has it that a German spy was discovered in the shuttered Gulf Stream
Golf Club, apparently signaling to submarines in Morse Code by flashlight. The agent was never
apprehended.
The Town recovered quickly from the War. The polo fields reopened in 1946; once again enjoying a
reputation as the nation's top winter venue for top international and American players. As the post -war
economy began to blossom, property values in Gulf Stream escalated rapidly. The Phipps family decided
to sell the fields for residential development in the early 1960s. Several players who had settled in Gulf
Stream, such as Michael Phipps and Stewart Iglehart, reestablished the polo fields in Lake Worth
(Wellington) and participated in the process of subdividing and redeveloping the old Phipps Fields for
private single family homes.
Over the next few decades, the Town of Gulf Stream continued to grow, while adhering to the principles
established by the founding families. The Little Club, a Par 3 course, was established. A new Town Hall
was erected on a corner of the old Polo Fields. Post World War II "cottages" were replaced by larger
homes, reflecting changes in lifestyle . A potential trend towards "McMansions" was nipped in the bud
through adoption of a comprehensive design guidelines administered by an Architectural Review and
Planning Board, reporting directly to the Town Commission. The purpose of these guidelines is to
maintain the unique character of individual districts within the Town.
Gulf Stream is exclusively a residential and recreational town. The original Phipps vision of a place
providing its residents and visitors an understated elegant experience has been successfully maintained.
HISTORY — TOWN of GULF STREAM
In 1916, the State of Florida opened a stretch of roadway known as A1A, along the
coast line and t#reug-h -to what is now the Town of Gulf Stream. To address high winds
along this stretch of roadway, the state plaRted Australian Pines were planted along
both edges of the roadway from Miami to Jacksonville. The Town of Gulf Stream is the
last remaining two -mile stretch of All A where that Australian Pine canopy still remains. It
has since been designated as an historic and scenic highway, allowing the Town to
protect and cultivate new plants to maintain their rows of more than 300 pines. For the
South Florida visionaries of this generation, the new road exposed some of the most
valuable and beautiful land, for both development and preservation.
During the early 1920s, a group of close prominent investors, who happened have a
great zeal for the game of golf, envisioned a golf club and golf course set away from the
expanding communities of Palm Beach. They envisioned a "paradise of golf," and so
they went to the task of creating the Gulf Stream Realty Company (named so due to
their close proximity to the warm flowing currents of the gulf stream) to search for the
perfect lands. They would eventually organize the acquisition of extensive amounts of
land on both sides of the Intracoastal Waterway that would later become the Town of
Gulf Stream. This investment group included men such as Howard Phipps, his brother
John Shaffer Phipps, Paris E. Singer, Edward T. Stotesbury and Edward Shearson.
On March 10, 1924, this prominent group gained a charter establishing the Gulf Stream
Golf Club. By that same spring, their vision became a reality through the designs of
renowned architect Addison Mizner and renowned golf course designer Donald R.
Ross. The beautiful Spanish -style clubhouse and acclaimed golf course officially
opened to its members in 19257- and continues to operate today as one of the premier
private golf clubs in the country.
Of course, the development of the Gulf Stream Golf Club and golf course was not the
end of the dream. Rumors of a polo field had begun to circulate in late 1923. By June
1924, the initial phase of development had begun on two polo fields nestled along the
Intracoastal Waterway where yachts would later pull up along the fields to anchor and
watch the matches. Hundreds of spectators would line the palm tree -lined fields with
their cars. Although the official season was not until 1927, the first games were held in
1926 and the polo club became an instant success.
The success of both the Gulf Stream Golf Club and the polo fields drew in visitors from
all over, ultimately becoming a major force behind the growth and development of what
would become the Town of Gulf Stream. The first residents were purchasing large lots
of land and building mansions along the beachfront as early as 1923, including the
Phipps family residence. By 1925, many of the houses were completed and the officers
and members of the Gulf Stream Golf Club were influential in getting the Florida
Legislature to grant a charter establishing Gulf Stream as a town.
In those first years, the course at the Gulf Stream Golf Club was regarded as one of the
finest in America and, with the addition of the sport of polo — of the "Sport of Kings" —
the town became known as both the "Winter Polo Capital of the World" and "The
Birthplace of Florida Polo." By the 1930s, the town was firmly established as a winter
resort haven, opening the doors of the Gulf Stream School in 1938, to educate
residents' children during the season. It also became a place for the most famous
national and international Polo players to hone their skills.
But as America was thrust into World War II, so were the Town and the Club. During
this time of war in the early to mid- 1940's, polo matches came to a halt and the Club
closed its doors to its members and opened them to the Armed Forces. The coast line
was the scene of much activity with regular fighting between submarines and war ships
and an ocean view cluttered with armed forces patrolling the beaches. So instead of the
wealthy coming to stay at the newly constructed Jamaica Square, about 280 beach
patrol lived in barracks, armed with pistols and rifles. These local volunteers patrolled
the beaches night and day on horses shipped in from Kansas by the Coast Guard,
which leased the polo club's stables to house the horses. History tells the story of a
German spy who was seen using apparatus and a flashlight from inside the Club to
signal submarines off the coast. He was seen but never apprehended.
The Town of Gulf Stream recovered from World War II as did its wealthy permanent and
seasonal residents. It was time again to appreciate a prosperous economy, enjoy a few
rounds of golf, and take in a polo match in the warm climate of Florida. In 1946,
Michael Phipps, Stewart Iglehart, and George Oliver resurrected the polo fields and
grounds and once again polo players migrated south from clubs as far away as
Chicago, Michigan, New York, and Wisconsin.
Then in the early 1960's when property values began to skyrocket, the Phipps family
decided to sell the polo grounds for alternate development. Leaving Philip Iglehart and
11 other prominent people to move the Polo Club to Lake Worth in 1965, where their
descendants still play at the Gulfstream Polo Club.
Over the next few decades the Town of Gulf Stream, esteemed for its lasting beauty
and exceptional quality of life, continued to grow and although early houses were
typically mansions, today the town is extensively subdivided, with fewer large mansions,
and more moderate -sized distinguished homes. The majority of the town grew as
'subdivisions' between the Atlantic Ocean and the Intracoastal Waterway. In an effort to
maintain a tranquil setting, obtrusive commercial and industrial uses were prohibited
long ago and remain today.
Kelly Avery
From: Gail C. Abbale < gabbale @gulf - stream.org>
Sent: Thursday, January 24, 2013 1:36 PM
To: Marty Minor
Subject: Last 3 Agendas for both Commission and ARPB
Attachments: D00O22.PDF; D00O23.PDF; D00O24.PDF; D00O25.PDF; D00O26.PDF; D00O27.PDF;
D00O28.PDF
Hi Marty,
Bill asked me to email the last three agendas for both the Commission and ARPB to be posted on the website. The
following agendas are attached:
Commission: November 9, 2012 Regular Meeting and Public Hearing
December 14, 2012 Meeting and Public Hearing w /ARPB
December 14, 2012 Regular Meeting and Public Hearing
January 11, 2013 Regular Meeting and Public Hearing
ARPB: October 25, 2012 Regular Meeting and Public Hearing
NO NOVEMBER MEETING
December 27, 2012 Regular Meeting and Public Hearing
January 24, 2013 Regular Meeting and Public Hearing
The above may not be attached in that order... sorry about that. Please call if you have any questions. Have a great
afternoon. Talk to you soon.
Gail
Gail C. Abbale
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Phone: (561) 276 -5116
Fax: (561) 737 -0188
gabbale@gulf-stream.org
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