Loading...
HomeMy Public PortalAbout01/07/2010December 30, 2009 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Muriel J. Anderson Fred B. Devitt III Chris D. Wheeler REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF OTHE TOWN OF GULF STREAM ON THURSDAY, JANUARY 7, 2010 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 of the Regular Meeting of 12- 11 -09. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. February 12, 2010 @ 9 A.M. 2. March 12, 2010 @ 9 A.M. 3. April 9, 2010 @ 9 A.M. 4. May 14, 2010 @ 9 A.M. 5. June 11, 2010 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. CONTINUED FROM HEARING ON DECEMBER 11, 2009 An application submitted by Anthony Mauro, as Agent for Charles F. Carlino, the owner of property located at 2730 Avenue Au Soleil, Gulf Stream, Florida, which is legally described as Lot 5, Place Au Soleil Subdivision in Gulf Stream, Florida. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the addition of a 430 square foot screened porch to an existing Polynesian style dwelling, and the construction of a 2 -story garage & studio consisting of 997 square feet. VIII. Reports. A. Town Manager 1. Overhead Utilities Undergrounding Update B. Architectural Review & Planning Board 1. Meeting Dates a. January 28, 2010 @ 8:30 A.M. b. February 25, 2010 @ 8:30 A.M. c. March 25, 2010 @ 8:30 A.M. d. April 22, 2010 @ 8:30 A.M. e. May 27, 2010 @ 8:30 A.M. f. June 24, 2010 @ 8:30 A.M. g. July 22, 2010 @ 8:30 A.M. C. Finance Director 1. Financial Report for December 2009 D. Police Chief 1. Activity for December 2009 AGENDA CONTINUED IX. Items for Commission Action. A. Agreement with Supervisor of Elections for Voting Equipment & Election Services B. Resolution No. 010 -1; A Resolution Adopted by the Town Commission of the Town of Gulf Stream, Florida, Authorizing the Town of Gulf Stream to Approve and Adopt the 2009 Revised O Palm Beach County Unified Local Mitigation Strategy Plan; Providing an Effective Date and For Other Purposes. C. Items by Mayor & Commissioners 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 ( MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON THURSDAY, JANUARY 7, 2010 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Koch 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 William F. Koch, Jr Joan K. Orthwein Fred B. Devitt, III Muriel J. Anderson Chris D. Wheeler William H. Thrasher Rita L. Taylor Edward Allen John Randolph Charles F. Carlino Anthony Mauro Dr. Lichtenstein Robert Ganger Mayor Vice -Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Police Lt. Town Attorney Applicant Mauro Brothers LLC Agent for Applicant Resident /Place Au Soleil Chairman, ARPB IV. Minutes of the Regular Meeting of 12- 11 -09. Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to approve the minutes of the Regular Meeting of December 11, 2009. There was no discussion. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were not changes to the agenda. VI. Announcements. A. Regular Meetings and Public Hearings 1. February 12, 2010 @ 9 A.M. 2. March 12, 2010 @ 9 A.M. 3. April 9, 2010 @ 9 A.M. 4. May 14, 2010 @ 9 A.M. 5. June 11, 2010 @ 9 A.M. % Clerk Taylor asked if there were any conflicts with the scheduled meeting dates. There were none. Clerk Taylor asked if there were any ex -parte communications concerning the matter for Public Hearing. Mayor Koch stated that Mr. Mauro, agent for Mr. Carlino, called him and asked if it was worth attending the Commission Meeting and his response was that they should attend as no decision has been made by the Board. Commissioner Wheeler stated that he drove through and walked around the area. Regular Meeting and Public Hearing Town Commission - January 7, 2010 Page 2 Clerk Taylor administered the oath to Charles Carlino and Anthony Mauro. VII. PUBLIC HEARING. A. Applications for Development Approval 1. CONTINUED FROM HEARING ON DECEMBER 11, 2009 An application submitted by Anthony Mauro, as Agent for Charles F. Carlino, the owner of property located at 2730 Avenue Au Soleil, Gulf Stream, Florida, which is O legally described as Lot 5, Place Au Soleil Subdivision in Gulf Stream, Florida. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the addition of a 430 square foot screened porch to an existing Polynesian style dwelling, and the construction of a 2 -story garage & studio consisting of 997 square feet. Clerk Taylor announced the Application for Development Approval which is continued from the previous Town Commission meeting. Mr. Mauro said that at the previous meeting the Commission requested they do a study of other homes in the area and submit a revised landscape plan, which they have completed. He said there are height differences throughout the neighborhood and many structures are higher and larger than the proposed structure. Mr. Mauro said the major obstacle is that some may feel the project is too large and out of place, but it is within code and five feet below the height limit, the Town Manager gave it a positive recommendation and the Town Architect, Jon Carleen of JC Design, gave a positive review. He distributed photos and a letter of support from Mr. Spadafora, a neighbor of Mr. Carlino, and he displayed a drawing of the new landscape plan and photos of various properties, stating that some structures are 2 -story next to a 1 -story and others have garages, some of which are 2 -story with 2nd story living space. Mr. Mauro stated that, at the Commission's request, they added more vegetation and the new landscape plan includes the 8 -foot ficus hedge along the property line and additional plantings, including Fishtail Palms, for the purpose of screening the structure. Commissioner Devitt asked which house was the subject property and Mr. Mauro indicated the location on the photo board. Commissioner Devitt asked which house was Mr. Spadafora's. Mr. Mauro said it is directly across the street from Mr. Carlino. Vice -Mayor Orthwein asked where Dr. Lichtenstein's property is in relation to the subject property. Mr. Mauro said it is directly across the street, but Dr. Lichtenstein will not see the proposed structure because of where it sits on the property. Mayor Koch asked where the subject property is located. Mr. Mauro said it is on Avenue Au Soleil. Commissioner Devitt asked where the garage structure will be located. Mr. Mauro pointed to the back corner of the lot. Commissioner Anderson asked if the entrance will be from Cardinal. Mr. Mauro said it will be from Avenue Au Soleil. Commissioner Devitt asked if Mr. Carlino heard from any other neighbors. Mr. Mauro said Mr. Carlino spoke to Mr. Earnhart who had no negative comments. Commissioner Anderson asked if the plans were submitted to the Place Au Soleil Homeowners Association for review. Mr. Carlino said he Regular Meeting and Public Hearing Town Commission - January 7, 2010 Page 3 approached all of his neighbors, Donna White being the first, and then spoke to the President, Julio Martinez. Mr. Mauro said the Homeowners Association was noticed and there were no complaints. Commissioner Wheeler asked if it is required and Commissioner Anderson said it is not required, but it is suggested. Mr. Carlino said he has been straightforward about his project and, O everyone he spoke with is in favor of it, except Donna White, and he feels it is unfair that he is not able to develop his property. He said before he bought the house his architect acquired a set of building codes from the Town to determine whether he could expand. Mr. Carlino said he and his wife lived in the house for two months and found the space to be insufficient so they moved into the garage. He said there were code issues when he replaced the garage doors with French doors and he had to reinstall garage doors and move back into the house and then they decided to expand. Mr. Carlino said the house is old with a history and he has already made several improvements to bring the house back to its original style. He said he is a designer by trade and believes he is talented and qualified and does not understand why his rights to expand are being refused at this point. Commissioner Wheeler said no one has refused him yet. Mr. Carlino said there seems to be a strong underlying energy to stop this project from other sources. Commissioner Wheeler said he spent time driving and walking around the area and he is all for property rights when the requirements are met. He said if they were to demolish the existing house and build a 2 -story structure in its place, it would be much worse, in his opinion, than the proposed structure because it is five feet lower than Code allows and it will sit 65 feet back from the road. He said he would have a hard time not ruling in favor of the applicant since he meets all requirements. Clerk Taylor administered the oath to Dr. Lichtenstein. Dr. Lichtenstein introduced himself and said he lives across the street from Mr. Carlino. He said he did not find out about the project until just before the 2nd ARPB meeting and he immediately called the Town and submitted his letter because he believed the scale of the project and the privacy issue was worth consideration. He said he did not intend to speak, but felt that his letter had been impugned and thought he should say something. Dr. Lichtenstein said he wrote in his letter that the height of the roof was three stories, not that it was a 3 -story building, meaning that the height of the roof made the structure appear to be three stories. He said he bought his property knowing what was in the neighborhood and cannot complain about the size of anyone's house, but the concern he had was the outward appearance and privacy issue. Dr. Lichtenstein said he is required to have a setback for the 2nd story and Mr. Carlino made it a_porch overlooking the neighbor's backyard and pool. He said he understands the entrance must come from the existing gateway on Avenue Au Soleil due to the location of the septic system and underground piping, and he also said that Mr. Carlino has done a magnificent job with landscaping and restoring the house and he has the right to build, but the placement of the structure will have an impact on the neighbors. Dr. Lichtenstein said he does not understand why the Regular Meeting and Public Hearing Town Commission - January 7, 2010 Page 4 balcony does not face Mr. Carlino's property rather than the neighbor and suggested moving the balcony to the other side, lowering the building and installing dormers. Mr. Mauro stated that the balcony does face inward toward Mr. Carlino's property. Clerk Taylor administered the oath to Mr. Ganger. Mr. Ganger said that at the Architectural Review and Planning Board meeting it was agreed, O and it is in the plan, that the proposed windows facing the north property will be faux, and he wanted to confirm that at the last Town Commission meeting Commissioner Wheeler asked that the denser Fishtail Palms be planted along the structure. He said he did not hear anything about the two conditions during this discussion. Commissioner Wheeler stated that the planting of Fishtail Palms has been drawn into the new landscape plan. Commissioner Anderson said she has a problem with the project concerning mass, not size, and referred to Code Section 70 -107, Additions and rehabilitations, and replacement of existing features, Subsection (a) Generally, which she distributed and asked Town Manager Thrasher to read and he did so. She said, under "Generally" is Subsection (b) Required, which, in her opinion, means it must be. Commissioner Anderson referred to subparagraph (b)(3) and read it as follows: "The design of the addition shall represent a logical extension of the existing structure in terms of location, form, mass (emphasizing "mass "), design and use of design elements." She distributed a chart which she put together indicating houses having a garage, stating she could not find a 2 -story detached garage in Place Au Soleil and, therefore, the information on the chart is based on property on the eastern side of Gulf Stream. Commissioner Anderson said she looked for houses with a two -story garage and the first two examples on the chart are attached garages showing the house -to- garage ratio and size of the lot. She said she found one detached 2 -story garage, the third example, with a garage -house ratio of 24% on a 35,000 SF lot, and the fourth example is Mr. Carlino's property on Avenue Au Soleil with a garage -house ratio of 34% on a 14,679 SF lot. Commissioner Anderson said she was looking at mass and if you put a 2- story detached garage on a 35,000 SF you will not have mass because it is spread out. The fifth example is a property on Indigo in Place Au Soleil with a 1 -story garage, which Commissioner Anderson stated was recently re -done, having a garage -house ratio of 11.4% on a 15,045 SF lot. She said that on Avenue Au Soleil, Mr. Carlino's project is the highest she could find with a 34% garage -house ratio on a small lot and her point is that the massiveness of a 34% garage -house ratio on that size of a lot is discouraged and, by her judgment, prohibited. She referred to Code Section 70 -4, How to use this manual, Subsection (c), Design standards, paragraph (3) Discouraged, subparagraph a., which she distributed and asked Town Manager Thrasher to read and he did so. Commissioner Anderson referred to (3)a.l., Consistency of neighborhood character, stating that she could not find another 2 -story detached garage in all of Place Au Soleil, and (3)a.3., Consistency of building form and mass, and then read (3)b. as follows: "Incorporating discouraged items into a design decreases the probability of project Regular Meeting and Public Hearing Town Commission - January 7, 2010 Page 5 approval and may result in project denial. In order for a discouraged item to be approved, applicants must show, and the town must find, that the proposed item is not inconsistent with the above goals. The use of more than three discouraged items on any property is prohibited." She backed that up with what Jon Carleen of JC Design, the Town's architect, wrote in his report in Article 1, Discouraged, paragraph 2, as follows: "In addition, there are no two story detached garages present. The G proposed two story garage is unique to the neighborhood. A one story garage addition would be more appropriate in keeping with the character of the existing house and that of the community." Commissioner Anderson stated that she is referring to the two Sections and strongly suggests denial. Commissioner Wheeler moved and Vice -Mayor Orthwein seconded, that the project be approved with the conditions discussed, the faux windows on the northern exposure and the dense planting of Fishtail palms shown on the amended landscape drawings, based on recommendations of the Architectural Review and Planning Board, the Town Manager and the independent architect, and he believes the proposed project is within the Planning and Zoning Guidelines. There was no further discussion. Vice -Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Anderson, NO; Commissioner Wheeler, AYE; Mayor Koch, AYE. The application was approved by a vote of 4 - 1. Clerk Taylor stated that she would like the record to show that the letter from Mr. and Mrs. Spadafora reflecting approval of the project is included as part of the record. VIII. Reports. A. Town Manager 1. Overhead Utilities Undergrounding Update Mr. Thrasher said that he, as Town Manager, and Mr. Ganger, as President of the Civic Association, met with the Consultant who did extensive work for Jupiter Island and Jupiter Inlet Colony in their undergrounding project and asked him to provide a scope of work and a proposal for his consulting services to underground in the Town of Gulf Stream. He said the contract, which is on a time and materials basis with a not -to- exceed limit of $18,750, was initiated and signed upon review of Mr. Ganger as directed by the Commission. Mr. Thrasher said the funds and energy have been committed and they are impressed with Danny Brandon, the Consultant, who is a very capable individual. Commissioner Wheeler �j asked when the study would be complete and Mr. Thrasher said it would take 30 - 90 days. Mr. Thrasher said the scope of work will consist of: Evaluating community restraints such as work hours, noise and privacy; acquisition of available outage information in the Town, which information can be obtained from FPL as to how frequently and how long our outages have been from a historical standpoint; and, evaluation of easements and right -of -way situations. Commissioner Wheeler asked if an evaluation of outages would indicate whether they were due to something within our neighborhood versus something that happened elsewhere. Mr. Thrasher said he could not be sure, but the Consultant understands that Regular Meeting and Public Hearing Town Commission - January 7, 2010 Page 6 something further south of the Town could cause an outage for Gulf Stream and he did commit to survey and analysis. He continued, saying that the easements and right -of -way issue is critical and the Consultant will do a preliminary evaluation consisting of: Development of conceptual underground facilities configurations; identification of protection of critical landscape and hardscape; development of an opinion and project cost and schedules; and, development of a conceptual O project plan depicting actions and resources required to execute the project, all for a cost not to exceed $18,750. Mr. Thrasher referred to the letter from Mayor Falcone of Jupiter Island which was provided by Mr. Randolph and is included in the meeting packet, and read the letter into the record. He said the letter speaks to the outages issue which is of concern to Mayor Koch and Commissioner Wheeler as well as it relates to internal and external components of electricity. Mr. Ganger pointed out that FPL estimated the Jupiter Island project to cost $15 million, the Consultant estimated $9 million and the actual cost was $8.4 million. Mr. Thrasher said that Mr. Brandon will make his presentation before the Commission and possibly Mayor Falcone, who is a very well versed individual as it relates to electrical issues. He said the study is proceeding as directed and the report will be brought to the Commission as soon as possible. B. Architectural Review & Planning Board 1. Meeting Dates a. January 28, 2010 @ 8:30 A.M. b. February 25, 2010 @ 8:30 A.M. c. March 25, 2010 @ 8:30 A.M. d. April 22, 2010 @ 8:30 A.M. e. May 27, 2010 @ 8:30 A.M. f. June 24, 2010 @ 8:30 A.M. g. July 22, 2010 @ 8:30 A.M. Clerk Taylor announced that the ARPB will not hold a meeting in January, but will hold their February meeting as scheduled. C. Finance Director 1. Financial Report for December 2009 Town Manager Thrasher requested that the Financial Report be approved as submitted. Commissioner Anderson moved and Vice -Mayor Orthwein seconded to approve the Financial Report for December 2009 as submitted. There was no discussion. All voted AYE. D. Police Chief 1. Activity for December 2009 Lt. Edward Allen requested that the Activity Report for December, 2009 be accepted as submitted. Commissioner Anderson asked if grand thefts were up or down since last month. Lt. Allen said they are up from last month. He said a tool box left on the side of a house near the garbage was reported missing and a work vehicle with the keys left in it was stolen and taken out of Town. The Activity Report was accepted as submitted. Regular Meeting and Public Hearing Town Commission - January 7, 2010 Page 7 IX. Items for Commission Action. A. Agreement with Supervisor of Elections for Voting Equipment & Election Services Clerk Taylor read the title of the agreement. She said that since the Gulf Stream Town Hall and other town halls have been used as polling places, the Supervisor of Elections picked up the tab for everything except transporting voting equipment and advertising. Clerk Taylor said O there is nothing in State Law that requires the Supervisor of Elections to provide these services for free and this Supervisor feels that municipalities should take more responsibility in paying for their own elections. She said the Clerks got together and decided to not sign the contract for this year. Instead, the Clerk's Association and the Palm Beach County Municipal League each provided a committee and the committees, the Municipal League's attorney and the Supervisor of Elections met over a period of three months to negotiate an agreement. Clerk Taylor said the cost to municipalities is much less than it would have been without it. Commissioner Anderson asked about the cost and Clerk Taylor said that if municipalities hold their elections on the same day, and the Town is in line with other towns for March, they will pay the Municipal Package fee of $2,338. She said the package includes several services, but there will be additional costs for advertising and transporting equipment. Clerk Taylor said she was not on the committee, but understands that without the agreement the cost which is based on population could have been up to $6,000. Mr. Thrasher stated that the agreement is not opposed by the League of Cities. Commissioner Devitt asked if staff recommends approval of the agreement and Mr. Thrasher confirmed that. Commissioner Devitt moved and Commissioner Anderson seconded to approve the Agreement between the Supervisor of Elections and the Town of Gulf Stream. There was no further discussion. All voted AYE. B. Resolution No. 010 -1; A Resolution Adopted by the Town Commission of the Town of Gulf Stream, Florida, Authorizing the Town of Gulf Stream to Approve and Adopt the 2009 Revised Palm Beach County Unified Local Mitigation Strategy Plan; Providing an Effective Date and For Other Purposes. Clerk Taylor read the title of Resolution No. 010 -1. Commissioner Anderson moved and Vice -Mayor Orthwein seconded to approve Resolution No. 010 -1 on first reading on the 7th day of January, 2010. There was no discussion. All voted AYE. C. Items by Mayor & Commissioners. There were no items by the Mayor or the Commissioners. �) X. Public. No Public Items. XI. Adjournment. Mayor Koch adjourned the meeting at approximately 9:55 A.M. ;a� ail C. Abbale Administrative Assistant