Loading...
HomeMy Public PortalAbout03/08/2002MAYOR: VICE MAYOR: COMMISSIONER: William F. Koch, Jr. Joan K. Orthwein Fred B. Devitt III Robert W. Hopkins II William A. Lynch O REGULAR MEETING AND PUBLIC HEARING BEING THE TOWN OF GULF STREAM ON FRIDAY, MARCH COMMISSION CHAMBERS OF THE TOWN HALL, 100 FLORIDA. AGENDA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. March 1, 2002 HELD BY THE TOWN COMMISSION OF 8, 2002 AT 9:00 A.M., IN THE SEA ROAD, GULF STREAM, IV. Minutes of the Regular Meeting of February 8, 2002. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. Certification of Election 3 -15 -02 @ noon 2. Regular Meeting & Public Hearing 4 -12 -02 @ 8 A.M. 3. Joint Workshop with ARPB 4 -12 -02 @ 9 A.M. 4. Regular Meeting & Public Hearing 5 -10 -02 @ 9 A.M. 5. Regular Meeting & Public Hearing 6 -14 -02 @ 9 A.M. 6. Regular Meeting & Public Hearing 7 -12 -02 @ 9 A.M. 7. Regular Meeting & Public Hearing 8 -9 -02 @ 9 A.M. 8. Regular Meeting & Public Hearing 9 -13 -02 @ 9 A.M. VII. Public Requests. Lack of cell phone coverage as it relates to safety -Don Oren O VIII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Sally Gingras, as Agent for John T. Fogarty, owner of the property located at 2918 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Lot 42 and the south 45' of Lot 41, Gulf Stream Properties Subdivision. a. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit a two -story addition to the existing one and two story Gulf Stream Bermuda style dwelling consisting of 2,200 square feet, with the first floor to be a garage and workshop and living accommodations on the second floor, and to further permit the demolition of a small utility shed. 2. An application submitted by Digby Bridges, Marsh & Associates, as Agent for Harry and Deborah Sargeant, owners of the property located at 1420 North Ocean Blvd., Gulf Stream, Florida, legally described as Lots 11, 11A and 12, McLouth Subdivision, Plat Book 25, Page 67 of the Public Records of Palm Beach County, Florida. a. VARIANCE from the provision in Section 66 -1, Definition of a Guesthouse, to permit construction of a guesthouse that would exceed the maximum permitted land coverage of 700 square feet, by 900 square feet. AGENDA CONTINUED Page 2 b. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit the construction of a Gulf Stream Bermuda (Anglo Caribbean) style guesthouse consisting of 1,600 square feet adjacent to a Gulf Stream Bermuda (Anglo Caribbean) style single - family dwelling, which is Ounder construction. IX. Reports. A. Town Manager 1. Sewer Feasibility Study Update 2. AlA /Gulf Stream Road project update B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 3 -21 -02 @ 8:30 A.M. b. Joint Workshop with Twn. Comm. & ARPB 4 -12 -02 @ 9 A.M. c. Regular Meeting & Public Hearing 4 -25 -02 @ 8:30 A.M. d. Regular Meeting & Public Hearing 5 -23 -02 @ 8:30 A.M. e. Regular Meeting & Public Hearing 6 -27 -02 @ 8:30 A.M. f. Regular Meeting & Public Hearing 7 -25 -02 @ 8:30 A.M. 2. Agenda for Joint Workshop Meeting 4 -12 -02 C. Finance Director 1. Financial Report for February 2002 D. Police Chief 1. Activity for February 2002 X. Items for Commission Action. A. Request for an extension of the approval for the Gulf Stream School improvements. B. Items by Mayor and Commissioners. XI. Public. XII. 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 p� RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO v BE BASED. F.S.S. 286.0105 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 8, 2002 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. E II Call to Order. Mayor Koch called the meeting to order at 9 A.M. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayor. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner Robert W. Hopkins II Commissioner William A. Lynch Commissioner Also Present and Participating IV. Minutes of the Lynch moved and approved as circulated William Thrasher John Randolph Rita Taylor Garrett Ward Sally Gingras Mark Marsh Dr. Robert Baxter Holly Howell Town Manager Town Attorney Town Clerk Police Chief Agent for Mr. Fogarty Agent for Mr. Sargeant Town Resident Town Resident Meeting of February 8, 2002. Commissioner Commissioner Hopkins and all voted AYE. seconded that the minutes be V. Additions, withdrawals, deferrals, arrangement of agenda items. Mark Marsh requested that Item X.A. be heard before Item IX. And there were no objections to this change. VI. Announcements. A. Regular Meetings and Public Hearings 1. Certification of Election 3 -15 -02 @ noon 2. Regular Meeting & Public Hearing 4 -12 -02 @ 8 A.M. 3. Joint Workshop with ARPB 4 -12 -02 @ 9 A.M. 4. Regular Meeting & Public Hearing 5 -10 -02 @ 9 A.M. 5. Regular Meeting & Public Hearing 6 -14 -02 @ 9 A.M. 6. Regular Meeting & Public Hearing 7 -12 -02 @ 9 A.M. 7. Regular Meeting & Public Hearing 8 -9 -02 @ 9 A.M. 8. Regular Meeting & Public Hearing 9 -13 -02 @ 9 A.M. Mayor Koch called attention to these dates. VII. Public Reauests. Lack of cell phone coverage as it relates to safety -Don Oren Mr. Oren was recognized and advised that he was taking this opportunity, to call attention to a possible safety problem. He advised that at his residence, 1755 N. Ocean Blvd., he has no cell phone reception. He explained that he has tried a number of different vendors with no success. While he does have a phone in his home, he felt this was not adequate protection from an intruder in that the phone can be disabled Town Commission Regular Meeting March 8, 2002 Page 2 from the outside of the home, and if the phone is disabled, the alarm is also disabled. Commissioner Orthwein advised that there is an alarm feature available that will transmit a signal when the lines are cut. O Mr. Oren replied that he was told this feature will not function under the existing conditions. He requested that the Commission investigate what can be done to improve this condition. Mr. Oren stated that he did not like to see towers but if there is no other technology to correct the problem, acceptance of a tower might be necessary. He felt safety must be the prime consideration. Mayor Koch advised that the Town's Zoning Code does not provide for towers and that there is a possibility of a tower being installed in Delray Beach. Commissioner Lynch advised that there was a proposal to install a tower on the flea market property but that it was not approved due to the height that was proposed. Mayor Koch thanked Mr. Oren for bringing the matter to their attention and advised that the Commission will take it under consideration. VIII. PUBLIC HEARING. The Town Clerk administered the Oath to Sally Gingras, Mrs. Fogarty, Mark Marsh and John Immer. The Commissioners had no ex -parte communications to declare. A. Applications for Development Approval A. An application submitted by Sally Gingras, as Agent for John T. Fogarty, owner of the property located at 2918 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Lot 42 and the south 45' of Lot 41, Gulf Stream Properties Subdivision. Ms. Gingras, Agent for Mr. Fogarty, advised that the existing structure was designed by John Volk and the owner wants to preserve the dwelling but modernize it and construct an addition to accommodate a growing family. She stated that the home has no air conditioning or heat and that everything in the home is the original, including the plumbing. Ms. Gingras pointed out that this is a large parcel and the proposed lot coverage will be only 10.7% with 82% open space. She added that the Code will permit a floor area ratio twice the size of that which is proposed. Ms. Gingras stated that the structure consists of distinct roof elements and the addition will be integrated with the existing structure using the same type of elements, and will be finished with stucco. The addition will consist of a garage and workshop on the first floor with guest accommodations on the second floor. The existing garage will be converted into a studio. It is also proposed to enclose the screened area in the back and rebuild the terrace on the front, changing the entry from one end of the terrace to two entries through Town Commission Regular Meeting March 8, 2002 the front wall of the terrace. the side and an access driveway will necessitate the demolition Gingras closed her presentation property and explaining that th parcel. In of of by ;re Page 3 addition, the garage doors will be on E Gulf Stream Road is planned which an existing storage shed. Ms. displaying a number of photos of the is lush vegetation around the entire OCommissioner Devitt questioned if the drainage of the property has been properly addressed since there is more than a 10' drop from the structure to the property line. Ms. Gingras called attention to the drainage plan that was a part of the submission, and Mrs. Fogarty advised that a portion of the driveway may be gravel or paver blocks, which would add even more retention area, but that a final decision had not been made. Town Manager Thrasher advised that the engineer has certified that the drainage is adequate to hold the first one inch of rainfall and that prior to issuance of the Certificate of Occupancy, the engineer is required to certify that the system was constructed according to the approved drawing. He then reported that the ARPB recommended approval of the project as did he. Mayor Koch was pleased that the existing structure is not being demolished, as were the other Commissioners. a. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit a two -story addition to the existing one and two story Gulf Stream Bermuda style dwelling consisting of 2,200 square feet, with the first floor to be a garage and workshop and living accommodations on the second floor, and to further permit the demolition of a small utility shed. Commissioner Orthwein moved and Commissioner Hopkins seconded to approve the Level III Architectural /Site Plan based on a finding that the proposed addition of a garage and workshop with guest accommodations, and renovations to an existing garage meet the minimum intent of the Design Manual and applicable review standards. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. B. An application submitted by Digby Bridges, Marsh & Associates, as Agent for Harry and Deborah Sargeant, owners of the property located at 1420 North Ocean Blvd., Gulf Stream, Florida, legally described as Lots 11, 11A and 12, McLouth Subdivision, Plat Book 25, Page 67 of the Public Records of Palm Beach County, Florida. Mark Marsh displayed drawings of the site plan that covers the variance request to be permitted to construct a guest house on the unified parcel consisting of 1,600 square feet, as opposed to the maximum permitted of 700 square feet. Also displayed was the plan that was previously approved for construction of a 2 -story single family dwelling of 11,000 square feet in order to show a comparison of the amount of lot coverage Town Commission Regular Meeting March 8, 2002 Page 4 between the two types of development. Mr. Marsh then displayed a color rendering of both the principal structure and the proposed guest house. Commissioner Devitt questioned if the service driveway had been moved since the original approval and was advised that is still in the same location, but that the main entrance had been changed to extend across the eastern portion of the property which is more appropriate for an estate type of development. Town Manager Thrasher reported that the ARPB recommended approval of the variance and the Level 3 Architectural Site Plan Review with 5 -0 votes. a. VARIANCE from the provision in Section 66 -1, Definition of a Guesthouse, to permit construction of a guesthouse that would exceed.the maximum permitted land coverage of 700 square feet, by 900 square feet. Commissioner Lynch moved and Commissioner Hopkins seconded that the variance be granted as requested, based on a finding that the criteria has been met. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. b. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit the construction of a Gulf Stream Bermuda (Anglo Caribbean) style guesthouse consisting of 1,600 square feet adjacent to a Gulf Stream Bermuda (Anglo Caribbean) style single - family dwelling, which is under construction. Commissioner Lynch moved and Commissioner Orthwein seconded that the Level 3 Architectural Site Plan Review be approved, based on a finding that the construction of the guesthouse as requested meets the minimum intent of the Design Manual and applicable review standards. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. Item X.A., Request for an extension of the approval for the Gulf Stream School improvements, was considered at this time. Mark Marsh, Agent for the Gulf Stream School, was recognized. He requested that the development approval for the proposed improvements to the structure under File #001 -2 that would expire on March 9, 2002 be extended for 12 months. Mr. Marsh explained that since the approval was given in 2001, there have been revised program requirements and orientation of the facilities within the allowable development area. He added that there have been a number of committee meetings at which recommendations were received from experts with library experience. Mr. Marsh reminded that the original approved plan was to bridge over the existing library. Since speaking with the "experts" it was determined that to meet the revised program requirements, the existing library should be demolished and rebuilt, eliminating the bridge. He reported that the revisions are in preparation and they will be presented to the ARPB for review in April 2002 and to the Commission in May 2002. Mr. Marsh stated that the revised design has incorporated more of the Town Commission Regular Meeting March 8, 2002 Page 5 traditional Gulf Stream Bermuda features and will blend much better with the neighborhood. There was some discussion about granting only a 6 month extension. Mr. Marsh explained that a formal capital campaign has been on hold until the revisions are completed.' He urged the Commission to grant the 12 month extension to allow time for the campaign. OMayor Koch was anxious that this project not be delayed for years as was the last improvement project. Mr. Marsh stated that they intend to be ready to start work in the fall of 2002, advising that it would be impossible to complete the work when school is not in session in the summer. It was determined that it would be better to start at the beginning of the school year. Commissioner Orthwein moved and Commissioner Lynch seconded that the Gulf Stream School be granted a 12 month extension of the approval for the School improvements. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. IX. Reports. A. Town Manager 1. Sewer Feasibility Study Update The Town Manager reported that Mayor Koch had made contact with the Gulf Stream Golf Club to determine if they were willing to participate in funding the $17,481 feasibility study related to the installation of a sanitary sewer system on AlA that would connect to Delray Beach and /or Boynton Beach systems. At this time, he stated that the Club was not interested. He further reported that he had received 3 commitments for $500 each from properties along AlA without having solicited for them. The Commission directed the Town Manager to send a letter to the condos along AlA to determine if they had any interest in sharing this cost. It was felt if there were to be participation from them, perhaps the Club would reconsider. Dr. Baxter and Mrs. Howell, residents next door to the Bath & Tennis Club, asked what the possibility would be for them to connect to the Delray Beach sewer system. They were advised that they should contact the City of Delray as there is a Delray sewer pipe serving the Bath & Tennis Club at this time. Mayor Koch said the Town would assist them if necessary. Mrs. Howell and Dr. Baxter indicated that they were interested in the project the Town is discussing. They were advised that this is a project that could take years as the Town would be trying to obtain grants and funding from outside sources if the feasibility study indicates this project would be feasible. They were also advised that they would be welcome along with the others if they wanted to wait. 2. AlA /Gulf Stream Road project update Town Commission Regular Meeting March 8, 2002 Page 6 Town Manager Thrasher reminded that some funds had been budgeted to improve the storm drainage on Gulf Stream Road in the 3100 block. $45,000 was budgeted for 2002, $45,000 in 2003 and $50,000 in 2004. He reported that an unexpected opportunity has presented itself in this area. The owners of 3138 Gulf Stream Road and 3211 Polo Dr. have decided to demolish the structures and construct new homes. These O properties are adjacent and the owners have dedicated utility easements through both. In addition, the owner at 3232 Polo Drive has agreed to grant an easement through his property which would give the outfall into the Cove. Mr. Thrasher believed it to be a benefit to the Town to move forward with the project as they have stipulated that construction on these properties will commence very soon and the pipes must be in prior to that time. After some discussion wherein it was agreed that this opportunity should not be missed, the discussion of financing the project was held. Commissioner Orthwein moved that the Town Manager be authorized to obtain the easements, obtain the engineering for the project and install capped pipes on these properties, after which a Special Meeting shall be scheduled to determine any future work. The motion was seconded by Commissioner Lynch. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 3 -21 -02 @ 8:30 A.M. b. Joint Workshop with Twn. Comm. & ARPB 4 -12 -02 @ 9 A.M. c. Regular Meeting & Public Hearing 4 -25 -02 @ 8:30 A.M. d. Regular Meeting & Public Hearing 5 -23 -02 @ 8:30 A.M. e. Regular Meeting & Public Hearing 6 -27 -02 @ 8:30 A.M. f. Regular Meeting & Public Hearing 7 -25 -02 @ 8:30 A.M. Mayor Koch called attention to these dates. 2. Agenda for Joint Workshop Meeting 4 -12 -02 Town Manager Thrasher reported that the ARPB had selected three items for review at the Workshop Meeting on April 12, 2002. Those are eave heights for one -story portions of two -story homes, overall height in the Core on internal streets and metal roofs. He advised that the staff would be preparing the agenda for that meeting as directed by the Commission, and asked that any items the Commissioners may want to add to that agenda be given to the Town Clerk by the middle of next week. B. Finance Director 1. Financial Report for February 2002 Mr. Thrasher reported that due to the amount of expenditures from the water fund, it may be necessary to increase the water rates next year. He pointed out that the older the system and meters become, more money must be provided for repairs and replacements. He added that expenditures are much greater so far this year than ever before and he wanted the Commission to be aware of the possibility of an increase well in advance. Town Commission Regular Meeting March 8, 2002 Page 7 Commissioner Lynch moved and Commissioner Hopkins seconded that the Financial Report for February be approved as presented and all voted AYE at roll call. C. Police Chief 1. Activity for February 2002 Chief Ward presented his written report of activity and added that a Q different animal trapper has been engaged and that the procedure now being used is to place the traps during the first two weeks of the month and then not place them the last two weeks. He reported that only two cats, but a number of raccoons and opossums, had been caught last month. X. Items for Commission Action. A. Request for an extension of the approval for the Gulf Stream School improvements. This item was considered earlier in the meeting B. Items by Mayor and Commissioners. Commissioner Devitt stated he thought the tree in front of the police station was to be cut down and it appears it has recently been trimmed. He was advised that the Civic Association was opposed to the removal of the tree and engaged a tree trimmer to trim the tree. In addition, the Association also paid for the landscaping in front of Town Hall and for the landscape screening around the generator. XI. Public. There was no comment from the public. XII. Adjournment. Mayor Koch adjourned the meeting at 10:45 A.M. on a motion to do so by Commissioner Lynch that was seconded by Commissioner Devitt with all voting in the affirmative. R1 ,>° Rita L. Taylor, own Clerk J