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HomeMy Public PortalAbout04/12/2013MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, APRIL 12, 2013 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 Mayor Orthwein. C 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 Also Present and William H. Thrasher Town Manager Participating Rita L. Taylor Town Clerk John Randolph Town Counsel Garrett Ward Police Chief Shelly & Wm. Himmelrich Town Residents Martin O'Boyle Town Resident Scott Fogarty Civic Association Gary Stevens Town Resident & Civic Association Board Member Benjamin Schreier Agent for Mark T. Pulte- Member Joe Peterson Landscape Architect for Mr. Pulte & Mr. Ralph MacDonald Joe Pike Engineer for Mr. MacDonald William Wietsma Agent Mr. MacDonald Ron Bennett, CPA Nowlen, Holt & Miner, P.A. Danny Brannon of Town Consultant for Undergrounding Brannon & Gillespie Project Ryan Witmer Employee of Mr. Boyle's IV. Minutes: A. Regular Meeting & Public Hearing held on March 15, 2013 Commissioner Ganger moved and Commissioner Stanley seconded to approve the Minutes of the Regular Meeting held March 15, 2013. All voted AYE. B. Certification of Election Returns, 3 -15 -13 Commissioner Stanley moved and Commissioner Ganger seconded to approve Certification of Election Returns. All voted AYE. V. Additions, Withdrawals, Deferrals. Arrangement of Agenda Items• Town Clerk Taylor added to Item VIII -Bl a report from Mr. Fogarty, from the Civic Association. Commissioner Dering requested reports to be made in order of priority, due to the need of some being unable to stay for a lengthy period. Regular Meeting and Public Hearing Town Commission Meeting April 12,2013 — Page 2 VI. Announcements: A. Mayor Orthwein announced the upcoming Regular Meetings and Public Hearings. 1. May 10, 2013 @ 9:00 A.M. 2. June 14, 2013 @ 9:00 A.M. 3. July 12, 2013 @ 9:00 A.M. 4. August 9, 2013 @ 9:00 A.M. 5. September 13, 2013 @ 9:00 A.M. 6. October 11, 2013 @ 9:00 A.M. B. Mayor's Proclamations: 1. Water Reuse Week — May 19 through May 25, 2013 2. National Missing Children's Day— May 25, 2013 Commissioners Anderson and Dering both reported that they would not be available in June. Mayor Orthwein stated that there would still be a quorum. VII. PUBLIC HEARING: A. Applications for Development Approval Town Clerk Taylor swore in all persons who were going to speak at this hearing: Benjamin Schreier, Joe Pike, William Wietsma, Ron Bennett, Danny Brannon, Scott Fogarty, Shelly Himmelrich, William Himmelrich, Martin O'Boyle, Joe Peterson, Gary Stevens, and Ryan Witmer. Town 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. 1. Benjamin Schreier, AfSniti Architects, acting as Agent for 3211 N. Ocean Boulevard, LLC LLC, Mark T. Pulte- Member, the owner of property located at 3211 N. Ocean Blvd., Gulf Stream, Florida which is legally described as the North 4.5 ft. of Lot 3 and the S 108 ft. of Lot 4 Gulf Stream Ocean Tracts in Gulf Stream, Florida discussed the project in detail, displayed architectural diagrams, and a sample of the slate tile for the roof. He requested the following: a. DEMOLITION PERMIT to remove existing structures. b. LAND CLEARING PERMIT to prepare for some new landscape materials and adjust the grade to accommodate the 4 new structures and improvements. c. NORTH OCEAN BOULEVARD OVERLAY PERMIT to install entry gate and piers and supplement existing landscaping within the corridor. d. VARIANCE to permit a terra cotta slate style roof to be installed on the proposed Georgian- style home. e. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a 10,408 square foot partial 2- story, single family, Georgian -style dwelling with a 4 -car garage and swimming pool. Mr. Schreier addressed questions from the Commissioners. Town Counsel Randolph suggested any interested parties were invited to the dais to better view the displayed materials for this project, and to address all questions to the chair. Regular Meeting and Public Hearing Town Commission Meeting April 12, 2013 — Page 3 There was a detailed discussion regarding the exact dimensions. Mr. O'Boyle made several inquiries regarding the gate from AlA. He questioned how far the gate would be from the center line of AlA. Mr. O'Boyle inquired regarding height of the home and the eve height. He also questioned if the entrance feature was a variance. Town Manager Thrasher responded with the updated code figures, and the discouraged elements. He further said that more than three (3) discouraged elements can deny the application, and that there are no variances on this application. Mr. O'Boyle further inquired regarding the front entrance gate's possible violation, in that he believed it should be placed a minimum of 78 feet from the centerline of AlA. Town Manager Thrasher reported on the gate dimensions Mr. Schreier thanked the staff for all their work. He stated that they have always been very helpful and have always shown that they diligently work on behalf of the community. Town Counsel Randolph stated that more information was required and that the presentation should move forward until more is learned with regard to the gate codes. Mr. Schreier stated that they can move forward with the remainder of the project. Mayor Orthwein asked for any questions from the public. There were none. Commissioner Stanley commented on the lovely structure, and discussed how he did not see, at this time, that the roof would be approved, due to the changes in the code. He further stated that the roof did not look bad. Commissioner Ganger said that to deny a beautiful home because it isn't in the code does not sound like the Town of Gulf Stream. This should be resolved to the satisfaction of the client, the Town, and the neighbors who are affected. Commissioner Ganger inquired if any residents, other than Mr. O'Boyle, who is not directly affected, commented on this design /project. C , Town Clerk Taylor stated that notices were sent to all neighboring residents and sometimes they respond, but there was no comment on this application. Town Counsel Randolph stated that the Commission should re -visit this matter, as the Architectural Review and Planning Board suggested. He also said that it was up to the applicant to work within the code, as it exists today, and come back with another plan. Town Counsel Randolph further stated that the applicant can wait and bank on the code being changed, or come back and present this again. Mr. Randolph also said that he thought the client's responses to these issues should not be determined at this meeting today. Regular Meeting and Public Hearing Town Commission Meeting April 12, 7013 — Page 4 Mr. Schreier discussed his reasons for doing his presentation this day. He stated the Code Sec. 70 -238 had opportunities with regard to the discretion of ARPB and Town Commission regarding roofs, and the appropriateness to the neighborhood. C Town Counsel Randolph explained the requirements that had to still be presented to the Commission. He stated that a variance was necessary and that an administrative appeal could have been made. Town Counsel Randolph also said that if the Commission decided to amend its ordinance to accommodate this, they have a right to do that. Commissioner Stanley moved and Commissioner Ganger seconded to approve the Demolition Permit to remove the existing structure through the application process. All voted AYE. Commissioner Anderson moved and Commissioner Ganger seconded to approve the Land Clearing Permit to prepare for some new landscape materials and adjust the grade to accommodate the new structures and improvements. All voted AYE. Commissioner Stanley moved and Commissioner Ganger seconded to defer until the next Commission Meeting the North Ocean Boulevard Overlay Permit to install entry gate and piers and supplement existing landscaping within the corridor. All voted AYE Commissioner Stanley moved and Commissioner Ganger seconded to deny a variance to permit a terra cotta slate -style roof to be installed on the proposed Georgian style home. All voted AYE. Mr. Pulte displayed a grey slate -like tile which meets the Town's code. Commissioner Dering moved and Commissioner Stanley seconded to approve the Level 3 Architectural /Site Plan Review to permit the construction of a 10,408 square foot partial 2 -story, single family, Georgian-style dwelling with a 4 -car garage, swimming pool, and a slate -like roof, pursuant to the type and manufacturer displayed here. All voted AYE. Commissioner Dering discussed how the Commission should look at something new and re- evaluate new attractive roof styles. He felt that the codes were very restrictive and no flexibility. CMayor Orthwein stated that the Town should continue to require that roofs match the architectural style of the structure. Commissioner Anderson also agreed that new styles should be reviewed. Commissioner Stanley made a comment on having smaller lots and using different colors was something to look into. Regular Meeting and Public Hearing Town Commission Meeting April 12, 2013 — Page 5 2. William Wietsma, agent for Ralph MacDonald, owner of the property located at 1410 North Ocean Boulevard, Gulf Stream, Florida, which is legally described in metes and bounds as Lots 1, 1 -A and 2, McLouth Subdivision, Gulf Stream, Florida explained the subdivision of the property. a. SUBDIVISION to divide one, 4.733 acre parcel of land into 3 lots. Mr. Wietsma presented a proposal to subdivide nearly 5 acres into 3 lots. Essentially Lot A would be 40,000 Csquare feet. Middle lot would be 80,000 square feet preserving the house and the third lot about 80,000 square feet. They are proposing to keep. the existing grade, existing landscaping and preserving the house in the middle. They are not changing the character and structure of the neighborhood. The private yacht basin will be part of the deed to property A. A buffer of landscaping will be provided to eliminate line of sight from the water and road. Commissioner Dering questioned where the driveway will be placed. Commissioner Ganger further inquired regarding the foliage on AlA. Mr. Peterson, Landscape Architect, stated that the existing foliage would not be touched, as they are using buffers, and heavy landscape buffers will be planted along the new property lines. Mayor Orthwein reiterated that nothing will be disturbed. Joe Pike, Engineer, discussed the preliminary drainage package which they are on board with. He stated that they will be designing for a 25 -year storm event. Shelly Himmelrich, resident just south of the property being discussed, inquired regarding the hedge that is shared by both parties. She also said she just went through these issues with the Spence property, and wanted to make sure they were agreed on upfront. Mr. Pike stated that no hedges will be touched. Billy Himmelrich joined his wife at the microphone. He referred to Town of Gulf Stream Code Sec. 62 -10. He said that the character of the neighborhood has changed. He feels that the Town Commission has an obligation, based on the code, to maintain the character of the neighborhood. Mr. Himmelrich also referred C to the subdivision of the Spence property. He stated the drainage situation should be considered due to the possibility of flooding. Mr. Himmelrich inquired with regard to a 7 -foot retaining wall on the property. Mr. Wietsma stated that there was no 7 -foot wall on property. Mr. Himmelrich stated that he never received any notices for this day's meeting. Regular Meeting and Public Hearing Town Commission Meeting April 12,2013— Page 6 Mrs. Himmelich stated she is still concerned about drainage. She also said that they were told that no trees would be removed during the normal process. Mrs. Himmelrich stated that the view has been altered already. She requested a better landscaping plan. She addressed her present privacy issues. Commissioner Ganger inquired if the Himmelriches and MacDonalds were collaboratively treating the ficus hedge for white fly issues. CMrs. Himmelrich said they were personally treating their ficus hedge. She said it was imperative that the new owners treat their own also. Mr. Himmeltich suggested Mr. Randolph check into the 1964 original deed before their permit is granted, and he inquired if there had been a Title Search. Mayor Orthwein reported that the survey was done February 13'h. Commissioner Stanley stated that the Town did not have the Title Search. Mr. Himmeltch said that he had one in his possession. Mr. Pike discussed the drainage system in detail. He also said that the hedges may have to be adjusted during construction. Mr. Himmelrich said that a buffer and site screen are very important. Commissioner Stanley inquired with regard to changes and subdivision amendments to the Town's code, and questioned if it would be appropriate to approve today, or to defer it. Town Counsel Randolph stated that if you can define what you are looking for today, you can impose those conditions today. He further stated that if you are not sure of where you are going with it, you can defer until you have further information from Staff. Mr. Randolph stated that it sounds like what you are asking for are assurances of various issues that should be addressed and satisfied before any approval is made. Commissioner Ganger stated with regard to drainage, that there is considerable responsibility to be assumed when a storm hits. CMr. Himmelrich stated that a drainage agreement must be mutually acceptable, ahead of time, and not at his expense. Commissioner Stanley said that there were a couple of issues present, i.e. landscape buffer and drainage agreement. He further stated these items would have to be more defined, and he felt that the Commission was not prepared for final approval. Regular Meeting and Public Hearing Town Commission Meeting April 12, 2013 — Page 7 Commissioner Dering suggested the Himmelrichs get together with the developer, and figure out what is mutually acceptable to both parties and return to Town Hall. Mr. Pike described the drainage guidelines and explained that the developer will follow South Florida requirements, and will meet with the Himmehiches. Town Manager Thrasher stated that in his opinion they were exceeding the Town's code. Commissioner Stanley stated that they have broad conditions of approval with what occurred this day. Town Counsel Randolph stated that it would be perfectly appropriate if the Commission wished to defer to attempt to see if a resolution could come between the applicant and the neighbors, with regard to the issues raised this day. He did not think it's appropriate for the Commission to make a condition of approval subject to the neighbor's approval. Town Counsel continued that they cannot do that because you never know if you are going to get approval. The Commission is bound by what's in the code which provides, along with the South Florida Water Management District, what must be retained on the property. Therefore, the Commission must make a determination as to whether they meet those conditions. He also discussed buffering so that others are not viewing the construction on a subdivision. He said that the motion should include that the applicant comply with all requirements from the South Florida Water Management District, provide the appropriate maintenance provisions for the system, and provide for the adequate buffering from the neighbors, as requested here this day. Mr. O'Boyle inquired whether the developer had a survey. Mayor Orthwein stated that there was a survey. Mr. O'Boyle inquired regarding the access to the three (3) lots, and the internal road. Town Manager Thrasher replied that there were existing accesses to the three (3) properties. Mr. Wietsma discussed and displayed diagrams with regard to the accesses to the property. Mayor Orthwein inquired if there was permission given for access. Town Counsel Randolph stated the Town has surveys presented by the applicant and reviews them from the basis of the professionals that provided them. The Town does not have the staff, or the time, to do a title search for every property that comes before them. He continued that the Town relies on the applicants, as presented. There are people who challenge whether a survey is appropriate or not. They can do that. The Town does its due diligence, but it does not go to the point of doing a title search for every application that comes before them. Mr. O'Boyle said that he would not want his sister to buy one of the lots that did not have access. Regular Meeting and Public Hearing Town Commission Meeting April 12, 2013 — Page 8 Commissioner Stanley inquired if there were any other public comments. Mayor Orthwein agreed that Town Hall should not do title searches. CCommissioner Dering inquired regarding how this moves forward. Town Counsel Randolph stated that this request can be deferred. He also said the Town can ask them to present a Declaration of Use Agreement which incorporates a description of the buffer and the fact that the buffer will be maintained in perpetuity. Commissioner Dering stated that the Town has to do something in that matter. Town Manager Thrasher inquired from the homeowner and Agents if they would like to have this issue deferred. Mr. Wietsma replied that they would not like this to be deferred, and he requested the conditions of approval to be completed, as there is still a lot of work to be done. Commissioner Ganger moved and Commissioner Stanley seconded to defer any decisions to the next Commission Meeting on May 10, 2013, with specifically the issue of landscaping and drainage being the subjects of discussion. All vote AYE. Mayor Orthwein suggested a three (3) minute break, at this time. VIII. Reports: A. Audit — 9/30/12 — Nowlen, Holt & Miner, P.A. Ron Bennett, CPA introduced himself and thanked the Town's staff for making his job very pleasant. He discussed the audit in detail. Mr. Bennett stated he found no deficiencies with the audit. He distributed copies of the audit and explained each item. Mr. Bennett stated that he was available at all times regarding any issues and that staff should call with their questions. He addressed questions from the Commission. Commissioner Ganger moved and Commissioner Anderson seconded to approve the audit dated 9/30/12. All voted AYE. B. Utility Undergrounding — Danny Brannon, Engineer Danny Brannon discussed his work on AlA with AT &T and Comcast. He said he had a good "grip" on the street lighting. Mr. Brannon said that they are progressing. He compared the Town of Gulf Stream's project with other municipalities' issues and time spent. Mayor Orthwein inquired as to an estimated time of completion of the job. Regular Meeting and Public Hearing Town Commission Meeting April 12, 2013 — Page 9 Mr. Brannon stated that bidding is an eight (8) week process, and that they would be "hitting" the streets in four (4) weeks. Commissioner Ganger inquired if the work could accelerate the process with one portion at a time being done. He further emphasized that the residents want action. C? Mr. Brannon responded that better communication may be necessary to the residents. He also discussed the two (2) phases of the project. Town Manager Thrasher stated that the Town was communicating, but the residents were not happy with the communication. Mayor Orthwein inquired regarding the bids. Commissioner Ganger questioned if there was someone at Florida Power and Light that could be contacted and given a "push ". Mr. Brannon stated "Yes ". He continued that it is now AT &T and Comcast holding things up, but it seems they are now moving. 1. Scott Fogarty —Civic Association Board Member Mr. Fogarty discussed the reception of cell phones by the residents. He stated that he received information, on a survey he conducted, that 60% of Town residents were not happy with their reception of cell phone usage, at their home. Mr. Fogarty stated AT &T was aware of the problems. Gary Stevens, Civic Association Board Member discussed the issues of the lack of transmitters and cell tower sites near the Town. He stated there are not enough lines in the area for everyone. Mr. Stevens further inquired if the Commission could pass a resolution supporting what the Civic Association is planning. He continued that there are not enough lines for the Town. He also said that Verizon has the good service, and that they would never put anything directly up in Town. Mr. Stevens discussed the issues of lack of service, during an emergency or downed lines. Commissioner Ganger inquired regarding locations for these towers. CMr. Stevens stated along the US1 corridor would be appropriate. Commissioner Stanley questioned if they know how many AT &T customers there are in this area. Mayor Orthwein thanked the Civic Association Board Members for their presentation this day. Town Counsel Randolph stated from the procedural side resolutions have to be in writing. He also said that the Mayor could write a letter of support on behalf of the Civic Association, if time was of essence. Regular Meeting and Public Hearing Town Commission Meeting April 12, 2013 — Page 10 Commissioner Ganger re- iterated that it would not be on Gulf Stream property. Mayor Orthwein stated she is in agreement for the better service but not the pole, and she would write a letter to AT &T. C. Town Manager 1. Street Lighting Town Manager Thrasher discussed the installation of street lighting. He said that a sample of the pole and light will be installed next week, probably on Town Hall property. He also said that Chief Ward was in conversation with Barrons regarding a signage quote. 2. Use of Town Hall for Private Functions Mayor Orthwein stated that there were no more planned private meetings in Town Hall for the rest of the year. She continued that Town Hall will be used only for official Town business. Town Counsel Randolph re- iterated that Town Hall would be used for official and Board meetings only. He also addressed the issues of residents' requests to hold other meetings in Town Hall. There was a discussion pertaining to enforcing this procedure with an official policy. Town Counsel Randolph stated that the policy would state that only official governmental business would be held in Town Hall. Mayor Orthwein stated that this will only be an interim policy. Commissioner Stanley moved and Commissioner Dering seconded that the only use for Town Hall would be for Town Commission Meetings and lower Board Meetings. Roll Call: Commissioner Ganger — AYE, Commissioner Stanley - AYE, Commissioner Dering - AYE, Commissioner Anderson — NAY and Mayor Orthwein - AYE. D. Architectural Review & Planning Board Mayor Orthwein read the upcoming Meeting Dates: f. April 25, 2013 @ 8:30 A.M. g. May 23, 2013 @ 8:30 A.M. h. June 27, 2013 @ 8:30 A.M. i. July 25, 2013 @ 8:30 A.M. j. August 2013 — No Meeting It. September 26, 2013 @ 8:30 A.M. Regular Meeting and Public Hearing Town Commission Meeting April 12, 2013 —Page 11 E. Finance Director 1. Financial Report for March 2013 Town Manager Thrasher provided the Financial Report for March 2013. He stated that the new software will be implemented July 1, 2013. 2. Water Usage as of March 31, 2013 No comments. F. Police Chief Police Chief Ward read the Activity Report for March 2013. It was accepted as submitted. IX. Items for Commission Action: A. Reorganization 1. Election of a Mayor Commissioner Anderson moved and Commissioner Ganger seconded to re -elect Mayor Orthwein as Mayor. All voted AYE. 2. Election of a Vice -Mayor Commissioner Ganger moved to re -elect Commissioner Stanley as Vice - Mayor. All voted AYE. Mayor Orthwein stated this vote did not require a second. All voted AYE. 3. Appointment of 1 Regular Member on ARPB Commissioner Stanley moved and Commissioner Ganger seconded to re- appoint Paul Lyons, as an ARPB Regular Member, for a 3 -year tercel. All voted AYE. 4. Appointment of 2 Alternate Members on ARPB Commissioner Stanley moved and Commissioner Ganger seconded to re -elect George Delafield, as an Alternate Member to the ARPB for a 3 -year term. All voted AYE. There was discussion of an appointment of a second alternate at this time, but there were no names submitted. Mayor Orthwein stated that residents should write a letter to show their interest to be considered for a Board position. Commissioner Ganger stated that a resident should be in Town most of the time to be a Board Member. He also stated that there is fabulous talent in Town. Town Clerk Taylor suggested putting an article on the website seeking residents who would be interested in a Board position. All Commissioners agreed. B. Resolution No. 13 -1; A Resolution of the Town Commission of the Town of Gulf Stream, Florida, Supporting A Ban On Texting While Driving; Providing An Effective Date; And for Other Purposes. Regular Meeting and Public Hearing Town Commission Meeting April 12,2013 — Page 12 Commissioner Dering stated that the wording should read "Emailing" rather than "Texting ". Commissioner Ganger moved and Commissioner Stanley seconded to approve Resolution No. 13 -1. All voted AYE. C. Proposed Policy for Accepting Donations C° Mayor Orthwein stated that we should not allow donations from private individuals to be placed on Town Hall property. Town Counsel Randolph said he agreed with Mayor Orthwein, and further said because once you start you are opening a "Pandora's Box ". Commissioner Stanley said that Town Hall is not a charity or a non -profit organization. Commissioner Dering questioned the Town's Civic Association participation in donations. Town Manager Thrasher explained those donations are administered by the Town Commission. Commissioner Stanley moved and Commissioner Ganger seconded to approve an alternative policy for landmark donations determined by the Town Commission. All voted AYE. D. Items by Mayor & Commissioners There were no comments. X. Public: Ryan Witmer, an employee of Mr.O'Boyle, discussed in detail his requests to obtain Public Records from the Town of Gulf Stream. Town Counsel Randolph responded that he has received multiple records' requests, and discussed the fees involved prior to releasing the appropriate information. Mr. Witmer stated that he had not personally sent any requests to Town Counsel Randolph directly. GTown Clerk Taylor stated that the LDR, he is referring to is $55.00 per copy, and is available on receipt of payment. Town Counsel Randolph stated that he felt the Town Staff have been very reasonable, and have gone beyond in responding to their requests. Mr. O'Boyle also discussed his application for Public Records and their costs. Regular Meeting and Public Hearing Town Commission Meeting April 12, 2013 — Page 13 Town Counsel Randolph stated that he would not negotiate this issue at a Commission meeting. He also stated Mr. Witmer can make his own records request. Commissioner Stanley asked for any further public comments. There were none. He motioned to adjourn the meeting. XI. Adjournment: Mayor Orthwein adjourned the meeting at 12:31 P.M. Sandra Fein Recording Secretary APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on THURSDAY, MARCH 28, 2013 AT 8:30 A.M., and the Town Commission of the Town of Gulf Stream, Florida will hold a Public Hearing on FRIDAY, APRIL 12, 2013 AT 9:A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: C An application submitted by Benjamin Schreier, Affiniti Architects, as agent for 3211 North Ocean Boulevard, LLC, Mark T Pulte, Member, owners of the property located at 3211 North Ocean Blvd., Gulf Stream, Florida, which is legally described as the N 4.5 ft. of Lot 3 and the S 108 ft. of Lot 4 in Gulf Stream Ocean Tracts, to consider the following: DEMOLITION PERMIT to remove existing structures LAND CLEARING PERMIT to prepare for some new landscape materials and adjust the grade to accommodate the new structures and improvements. NORH OCEAN BOULEVARD OVERLAY PERMIT to install entry gate and piers and supplement existing landscaping within the corridor. VARIANCE to permit a terra cotta slate style roof to be installed on the proposed Georgian style home. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a 10,408 square foot partial 2- story, single family, Georgian style dwelling with a 4 car garage and swimming pool. The Architectural Review and Planning Board shall make a recommendation to the Town Commission and the Town Commission shall make a final decision regarding the subject application at the meetings noticed above. The meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARINGS, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM ;RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: March 1, 2013 Publish: Palm Beach Post March 12, 2013 March 26, 2013 April 6, 2013 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor own Clerk THE PALM BEACH POST Published Daily and Sunday West Palm Beach Palm Beach County STATE OF FLORIDA COUNTY OF PALM BEACH APPLICATION FOR DEVELOPMENT APPROVAL NOTICE 15 HEREBY GIVEN that the Architecture) Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on THURSDAY, MARCH 28, 2013 AT 8:30 A.M., and the Town Commisslon of the Town of Gulf Stream, Florida will hold a Public Hearing on FRIDAY, APRIL 12, 2013 AT S A.M., bath in the Commission Chambers of the Town W II, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by Benjamin Schreier, Affiniti Architects, as agent for 3211 North Ocean Boulevard, LUC, Mark T Pulte, Member, owners of the property located at 3211 North Ocean Blvd., Gulf Stream, Florida, which is legally described as the N 4.5 fl. of Lot 3 and the S 108 ft. of Lot 4 in Gulf Stream Ocean Tracts, to consider the following: DEMOLITION PERMIT to remove existing structures LAND CLEARING PERMIT to prepare for some new landscape materials and adjust the grade to accommodate the new strunums and Improvements. NORH OCEAN BOULEVARD OVERLAY PERMIT to Install entry gate and plan and supplement existing landscaping within the corridor. VARIANCE to permit a tern cotta slate style roof to be Installed on the proposed Georgian style home. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a 10,408 spua re foot partial 2-story, single family, Georgian style dwelling with a 4 car garage and swimming pool. The Architectural Review and Planning Board shall make a recommendation to the Town Commission and the Town Commission shall make a final decision regarding the subject application at the meetings noticed above. The meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file In the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally Include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARINGS, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0305, F.S.S. TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, Town Clerk PUB: The Palm Beach Post 3- 12,26,4 -6/13 Signed Sworn or affirmed to, and subscribed before me, this 10TH day of MAY 2013 PROOF OF PUBLICATION Before the undersigned authority personally appeared Emily Minch, who on oath says that she is a Legal Advertising Clerk of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a LEGAL ADVERTISING NOTICE was published in said newspaper in the issues of MAR. 12, 26, & APR. 6, 2013 Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West -Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she /he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Also published in Martin and St. Lucie Counties. In Testimony Whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid. PRY! Poe��-., x�1 X, MONICA BRACKMAN, Notary Publi6 In and for the State of Ohio My Commission Expires September 30, 2014 Order No. 62178 Ad Cost $908.16 Paid $0.00 Balance Due $908.16 APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on THURSDAY, MARCH 28, 2013 AT 8:30 A.M. and the Town Commission of the Town of Gulf Stream, Florida will hold a Public Hearing on FRIDAY, APRIL 12, 2013 AT 9:A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: C An application submitted by William Wietsma as agent for Ralph MacDonald, owner of the property located at 1410 N. Ocean Blvd., Gulf Stream, Florida, which is legally described in metes and bounds as Lots 1, 1 -A and 2, McLOUth Subdivision, to consider the following: SUBDIVISION to divide one, 4.733 acre, parcel of land into 3 lots. DEMOLITION PERMIT to remove an existing driveway, a garage and shed. NORTH OCEAN BOULEVARD OVERLAY PERMIT to remove existing driveway from proposed Lot "CO. LEVEL 3 ARCHIECTURAL /SITE PLAN REVIEW to permit the division of one parcel of land containing 4.733 acres into 3 lots with the existing structures on proposed Lot "B" to remain. The Architectural Review and Planning Board shall make a recommendation to the Town Commission and the Town Commission shall make a final decision regarding the subject application at the meetings noticed above. The meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARINGS, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: March 1, 2013 Publish: Palm Beach Post March 12, 2013 March 26, 2013 April 6, 2013 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, wn Clerk April 5, 2013 MAYOR: Joan K. Orthwein VICE MAYOR: Thomas M. Stanley COMMISSIONER: Muriel J. Anderson W. Garrett Dering Robert W. Ganger REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, APRIL 12, 2013 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes. A. Regular Meeting, Town Commission & Bd. of Adjustment, 3 -15 -13 B. Certification of Election Returns, 3 -15 -13 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. May 10, 2013 @ 9:00 A.M. 2. June 14, 2013 @ 9:00 A.M. 3. July 12, 2013 @ 9:00 A.M. 4. August 9, 2013 @ 9:00 A.M. 5. September 13, 2013 @ 9:00 A.M. 6. October 11, 2013 @ 9:00 A.M. B. Mayor's Proclamations 1. Water Reuse Week -May 19 thru May 25, 2013 2. National Missing Children's Day -May 25, 2013 VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Benjamin Schreier, Affiniti Architects, as Agent for 3211 N. ocean Boulevard, LLC, Mark T. Pulte- Member, the owners of property located at 3211 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as the North 4.5 ft of lot 3 & the S 108 ft. of lot 4 Gulf Stream Ocean Tracts in Gulf Stream, Florida. a. DEMOLITION PERMIT to remove existing structures. b. LAND CLEARING PERMIT to prepare for some new landscape materials and adjust the grade to accommodate the new structures and improvements. c. NORTH OCEAN BOULEVAD OVERLAY PERMIT to install entry gate and piers and supplement existing landscaping within the corridor. d. VARIANCE to permit a terra cotta slate style roof to be installed on the proposed Georgian style home. e. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a 10,408 square foot partial 2- story, single family, Georgian style dwelling with a 4 car garage and swimming pool. 2. An application submitted by William Wietsma as agent for Ralph MacDonald, owner of the property located at 1410 N. Ocean Blvd., Gulf Stream, Florida, which is legally described in metes and bounds as Lots 1, 1 -A and 2, McLouth Subdivision, Gulf Stream, Florida. a. SUBDIVISION to divide one, 4.733 acre, parcel of land into 3 lots. AGENDA CONTINUED b. DEMOLITION PERMIT to remove an existing driveway, a garage and shed. c. NORTH OCEAN BOULEVARD OVERLAY PERMIT to remove existing driveway from proposed Lot "C". d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the division of one parcel of land containing 4.733 acres O into 3 lots with the existing structures on proposed Lot "B" to remain. VIII. Reports. A. Audit - 9/30/12- Nowlen, Holt & Miner, P.A. B. Utility Undergrounding -Danny Brannon (Engineer) C. Town Manager 1. Street Lighting 2. Use of Town Hall for Private Functions D. Architectural Review & Planning Board 1. Meeting Dates a. April 25, 2013 @ 8:30 A.M. b. May 23, 2013 @ 8:30 A.M. c. June 27, 2013 @ 8:30 A.M. d. July 25, 2013 @ 8:30 A.M. e. August 2013 -No Meeting f. September 26, 2013 @ 8:30 A.M. E. Finance Director 1. Financial Report for March, 2013 2. Water Usage as of March 31, 2013 F. Police Chief 1. Activity for March 2013 IX. Items for Commission Action. A. Reorganization 1. Election of a Mayor 2. Election of a Vice Mayor 3. Appointment of 1 Regular Member on ARPB 4. Appointment of 2 Alternate Members on ARPB B. Resolution No. 13 -1; A Resolution of the Town Commission of the Town of Gulf Stream, Florida Supporting A Ban On Texting While Driving; Providing An Effective Date; And For Other Purposes. C. Proposed Policy for Accepting Donations D. Items by Mayor & Commissioners l ) X. Public. XI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105