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
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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