HomeMy Public PortalAbout01/20/2011C
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM,
FLORIDA ON THURSDAY, JANUARY 20, 2011 AT 8:30 A.M., IN THE TOWN HALL,
100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order
8:30 A.M.
II. Roll Call.
Present and
Participating
Absent w/Notice
Also Present and
Participating
III. Minutes of the
Mr. Frankel
December 15,
Chairman Ganger called the meeting to order at
moved and Mr.
2010 meeting
Robert Ganger
Scott Morgan
Charles Frankel, III
Malcolm Murphy
Thomas Smith
Amanda Jones
William Coleman
William H. Thrasher
Rita L. Taylor
John Randolph
Kerrie Gibbons
Mark Marsh of
Bridges Marsh & Assoc
Mike Phillips
Grant Thornbrough
& Assoc.
James Bellerano, Esq.
Gregory Kino, Esq.
Chairman
Vice -Chairman
Board Member
Board Member
Board Member
Alternate Member
Alternate Member
Town Manager
Town Clerk
Town Attorney
Marc Julien Homes
Agent for Silverman
& Candlestine Group
Landscape Arch. for
Silverman
Attorney/Silverman
Attorney/Alexander
r Meeting and Public Hearing of 12-16-10.
rphy seconded to approve the Minutes of the
There was no discussion. All voted AYE.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
There were no changes.
V. Announcements.
A. Meeting Dates
1. Regular Meeting & Public Hearing
a. February 24, 2011 @ 8:30 A.M.
b. March 24, 2011 @ 8:30 A.M.
c. April 28, 2011 @ 8:30 A.M.
d. May 26, 2011 @ 8:30 A.M.
e. June 23, 2011 @ 8:30 A.M.
f. July 28, 2011 @ 8:30 A.M.6
There were no conflicts with the meeting schedule. Chairman Ganger
asked Clerk Taylor if any applications have been submitted for the
February meeting. Clerk Taylor said there were none at this time.
VI. PUBLIC HEARING.
A. Applications for Development Approval
Clerk Taylor administered the oath to Kerrie Gibbons of Marc Julien
Homes, Mark Marsh, agent for Silverman and Mike Phillips, Landscape
Architect, of Bridges, Marsh & Associates, James Bellerano, Esq.,
Attorney for Silverman, and, Gregory Kino, Esq., Attorney for Alexander.
Architectural Review and Planning Board
Regular Meeting and Public Hearing - January 20, 2011 Page 2
Chairman Ganger asked if there were any ex -parte communications
concerning the applications being heard. Mr. Frankel said he briefly
spoke with staff in general. There were no other ex -parte
communications.
1. An application submitted by Marc Julien of Marc Julien
Homes LLC, as Agent for Howard Erbstein, the owners of
C property located at 3288 Gulf Stream Road, Gulf Stream,
Florida, which is legally described as Nly 50' of Lot 27
and Lt 28, Plat of Gulf Stream Properties for:
a. SIGN PERMIT to allow erection of a contractor's sign
Kerrie Gibbons of Marc Julien Homes, agent for Erbstein, stated that
Marc Julien Homes is proposing to erect a contractor's sign on the
subject property to be located on the corner of Lakeview Dr. and Gulf
Stream Rd. in front of the existing large tree. Mr. Morgan moved and
Mr. Murphy seconded to approve a sign permit for erection of a
contractor's sign, based on a finding that the proposed sign meets the
requirements of Code Section 66-447, subject to a maximum height of 4
feet and a maximum 2 SF sign size. There was no discussion. All voted
AYE.
2. An AMENDED/DEFERRED application (from hearing of 12-16-10)
submitted by Mark Marsh of Bridge, Marsh & Associates,
Inc., as agent for Mr. & Mrs. Steven Silverman, owners of
property located at 1465 N. Ocean Blvd., Gulf Stream,
Florida, which is legally described as "A parcel of land
in Section 10, Township 46 South, Range 43 East, Palm
Beach County, Florida for the following:
a. SPECIAL EXCEPTION to permit a conforming
addition of 1,372 sq. ft. to the existing
Mediterranean Revival non -conforming principal
structure.
b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit a
conforming addition to the existing Mediterranean
Revival principal single family dwelling which
includes a trellised walkway, family room, bedroom and
study, a total of 1,372 square feet, and construction
of 150 ft. of 8 ft. high stucco wall along the north
side of the property.
Chairman Ganger recused and passed the gavel to Vice -Chairman Morgan.
He stated that his home and the Silverman's home are attached, they
share a common wall and there could be financial hardship if the Board
recommends approval. Mr. Ganger said the history of the property
remains inaccurate in that the original house was not designed by Marion
S. Wyeth. He requested that the correction be made for future
historical research and added that the individual who wrote the
information, which was taken from the historical file, admits it is
incorrect. Chairman Morgan noted that this application was deferred
from the December meeting by Mr. Marsh due to issues between the
applicant and his neighbor, Mr. Alexander, concerning the applicant's
proposals.
Mr. Marsh introduced himself and all parties present for this hearing,
including Mike Phillips, Landscape Architect, James Bellerano, attorney
Architectural Review and Planning Board
Regular Meeting and Public Hearing - January 20, 2011 Page 3
for Silverman, Steven Silverman, the Applicant and Gregory Kino,
attorney for Mr. Alexander, and he thanked Mr. Kino for his professional
approach to this project. Mr. Marsh reminded the Board that the
previous application included three special exceptions and four
variances, which the Board denied. He said the property, as it exists,
does not meet the applicant's needs and improvements are challenging.
The parcel is very narrow, the main house has only one bedroom and the
guest house has three very small bedrooms. Mr. Marsh said the new plan
is a better solution, it is in line with what already exists and
everything is conforming. He said the proposed addition to the west
structure includes a family room, one bedroom and a study, it bookends
across a new pool and courtyard area with a trellised walkway, which is
the main pedestrian access, that leads from the motor court to the new
residence. Mr. Marsh said the previous application, which was denied,
included covering the main entrance of the principal structure, but this
plan introduces a new entry point on the north side of the principal
structure and the existing main entry will be used as a ceremonial
entrance.
Mr. Marsh said the neighbor was concerned about the location of the air
conditioning (A/C) system because of the noise element. He explained
that because of the restrictive and non -conforming nature of the
existing building to the east the location of the A/C system could not
meet the setbacks. In this plan the A/C system will be mounted on the
roof above the new entry element, which conforms to the required 15'
setback, it will not be visible to the neighbors and the system will be
screened by the parapet wall from the loggia connection. The decibel
level of 72 was discussed with the neighbor's engineer who recommended
York A/C equipment that will reduce the decibel level to 69 and is
acceptable to the neighbor.
Mr. Marsh said the architectural detail is straightforward and the
facade of the existing structures are not affected. The east elevation
of the addition is untouched and the new entry from the courtyard is
subdued. Mr. Marsh said they originally proposed an 8' wall between the
properties, but Mr. Silverman and his neighbor agreed that a 7' stucco
wall is sufficient. He said another portion of the existing wall will
be increased to 5' for additional privacy and the existing shed will be
removed.
Mr. Marsh described the pool and courtyard area as having a gardenlike
C) setting. He said there is substantial planting which buffers both
properties and they plan to enhance the existing landscaping. He asked
Mike Phillips, landscape architect, to talk about landscaping. Mr.
Phillips said there are old and well established properties along the
beach that are bound by a string of Sea Grapes, which are tall trees
with little understory, and smaller trees have been planted over time to
make it a continuous hedge, creating a canopy. He said everyone loves
the canopy which they plan to maintain and the trellis walkway provides
an additional buffer. Mr. Smith asked if the wall would interfere in
the root structure. Mr. Marsh said they surveyed the area and it does
not appear to be a problem. Mr. Phillips said the wall will provide
support to existing trees with falling branches and give them room to
Architectural Review and Planning Board
Regular Meeting and Public Hearing - January 20, 2011 Page 4
grow, and none of this will affect Mr. Ganger's trees on the south
property line, which they have mutually agreed would be pruned.
Mr. Marsh said beach access is still unresolved, but it was agreed that
the current access way will be vacated. He said access will most likely
be on the east property line and over the bulkhead, but it will be
addressed through the DEP and discussed with the Silvermans to resolve
the matter. Mr. Morgan commented that Mr. Marsh has gone to
considerable lengths to resolve the neighbor's concerns and asked if
there are any other concerns that have not yet been addressed. Mr.
Marsh said he knew of none, but Mr. Kino will address that.
Mr. Kino said the neighbors would prefer that everything remain as is,
but realize that is not the case. He commented that Mr. Marsh has had
many constraints to deal with and has done an admirable job providing
solutions to the neighbor's concerns. Mr. Kino stated that the only
remaining issue is the timing of the wall construction and said it would
be appreciated if they will agree to construct the wall while Mr.
Alexander is gone, which is between the first week of April and first
week of October 1.
Mr. Ganger said this is a brilliant solution to a very difficult
situation. He mentioned the pergola, saying that it is the most
historic part of the house and in great need of restoration, but a nice
feature to maintain. Mr. Marsh said they will try to relocate the
pergola because Mrs. Silverman definitely wants to preserve it, but if
it cannot be relocated they plan to replicate it and all of the
appliques will be used. Mr. Ganger said the crennels on the tower were
purchased by the original owner from a Mizner factory that was going out
of business, adding that the crennels shown in front of the A/C
equipment will be manufactured to match those on the tower.
Mr. Ganger mentioned plans for beach access and recommended that the
wall remain as protection from hurricane damage. Mr. Randolph said that
beach access should be a separate matter and, therefore, should not be
considered during this hearing. Mr. Marsh said he will submit plans for
beach access to the Board in a separate application, but it is shown on
the drawings. He added that they acknowledge Mr. Ganger's concern about
cutting the wall.
G Mr. Thrasher recommended that additional conditions be placed on the
Level III/Site Plan as follows: The construction of the wall will take
place between April 15t and October 1St; and, the roof -mounted air
conditioning system shall be no more than 69 decibels. Mr. Frankel
moved and Mrs. Jones seconded to recommend approval of Special Exception
to construct a 1,372 SF conforming addition to the existing
Mediterranean Revival non -conforming structure based on the finding that
the addition meets the minimum intent of the Design Manual and
applicable review standards. There was no discussion. All voted AYE.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval of a
Level III Architectural/Site Plan to permit a conforming addition to the
Architectural Review and Planning Board
Regular Meeting and Public Hearing - January 20, 2011 Page 5
existing non -conforming Mediterranean Revival principal single family
dwelling which includes a trellised walkway, family room, bedroom and
study, a total of 1,372 SF and construction of 150 feet of 71 high
stucco wall along the north side of the property with the following
conditions:
1. If not already removed, the "existing shed" shall be removed;
2. Construction of the 150 feet of 71 high stucco wall will take
C r place no sooner than April 1, 2011 and no later than October 1, 2011;
and
3. The decibel level of the roof -mounted air conditioning unit must
not exceed 69 decibels in rating.
There was no discussion. All voted AYE. Mr. Frankel thanked Mr. Marsh
for his positive collaboration in this matter.
Chairman Morgan suggested hearing at this time Item VII.A.1, "Items
related to previous approvals," another application pertaining to the
Guest House on the Silverman property. Mr. Ganger remained recused and
Item VII.A.1 was heard at this time.
VII. Items related to previous approvals.
A. Guest house at 1465 N. Ocean Blvd.
1. Details related to interior renovation including removal &
replacement of concrete floor, upgrading and relocation of
some windows, partial demolition of some exterior walls
and new roof trusses to convert a partial flat roof to a
hip roof.
Mr. Marsh, agent for Silverman, stated that this application came about
by default because the Silvermans wanted to move forward with the
project. He said they decided to focus on the guest house and since
they cannot expand they will remodel within the confines of the walls,
making two bedrooms a one bedroom, remodel the other bedroom and the
garage will stay the same. Mr. Marsh described the guest house as a
flat -roofed, unattractive building and said it will have a new hip roof
and they will make changes to compliment the entire structure. Mr.
Frankel said the concern is that, by Code Section 70-107(b) Required, if
the project exceeds 75% of the fair market value in terms of cost there
is an issue because it is a non -conforming structure. Mr. Marsh said
they met with an appraiser and, in this case, it is basically a
replacement cost and those figures will be submitted to Mr. Thrasher.
He said they are not expanding, but rather trying to make improvements
to enhance the property and make it more attractive.
Mr. Frankel said his only concern is the Code issue and, if they can
attest to that, approval can be subject to their attestation. Mr.
Thrasher said this report has a condition stating that a certification
by a registered appraiser stating that the proposed renovations do not
exceed 75 percent of the fair market value of the existing guesthouse
must be submitted prior to a permit.
Mr. Frankel moved and Mr. Smith seconded to recommend approval of Level
II Architectural/Site Plan based on the finding that the proposed
interior renovation, new roof and trusses, partial demolition of
Architectural Review and Planning Board
Regular Meeting and Public Hearing - January 20, 2011 Page 6
exterior walls, removal and replacement of concrete floor and upgrading
windows to include some window relocations meet the minimum intent of
the Design Manual and applicable review standards subject to the
following condition:
1. A certification by a registered appraiser stating that the
proposed renovations do not exceed 75 percent of the fair market
value of the existing guest house must be provided to the Town
prior to a permit being issued.
There was no further discussion. All voted AYE.
Mr. Marsh said they have lost time on this project and would like to
move forward in the permit process and wanted to clarify that the
certification must be provided prior to the issuance of a permit. Mr.
Thrasher stated that the certification must be submitted before he would
sign off on the permit application. Mr. Marsh stated that he would
submit the certification to keep the process going.
The gavel was passed back to Chairman Ganger.
3. An application submitted by Mark Marsh of Bridges, Marsh &
Associates, Inc. as agent for Candlestine Group, Inc.,
owners of property located at 2817 N. ocean Blvd., Gulf
Stream, Florida, legally described as a parcel of land in
Range 43, Township 46, Section 3, Government Lot 3
consisting of approximately 1.33 acres for the following:
a. LEVEL 2 ARCHITECTURAL/SITE PLAN REVIEW to allow
construction of a 772 square foot Mediterranean
Revival style free standing garage.
Mr. Marsh explained that this property has been under renovation for
quite some time and the owners recently approached him about adding a
free-standing garage at the north end of the property. He said the
structure will be an adjunct to the main house with a copper roof over
semi -circle dormers for contrast and it will feature a bell tower, which
also ties in with the main house. Chairman Ganger said this was the
first occupied house in Gulf Stream. Mr. Morgan moved and Mr. Frankel
seconded to approve the Level II Architectural/Site Plan based on a
finding that the construction of a 772 SF Mediterranean Revival style
free standing garage meets the minimum intent of the Design Manual and
applicable review standards. There was no discussion. All voted AYE.
VIII.
Items by
Staff.
There
were no
items
by Staff.
IX.
Items by
Hoard
Members.
There
were
no items by Board Members.
X. Public. There were no comments by the Public.
XI. Adjournment. Chairman Ganger adjourned the meeting at
426il C. Abbale
Administrative Assistant
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME -FIRST NAME -MIDDLE NAME I NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE
bert Ward
1443 N. Ocean Blvd.
Stream
.TE ON WHICH VOIL rx'C'URREI
January 20, 2011
THE BOARD, COUNCIL. COMMISSION. AUTHORITY, OR
WHICH 1 SERVE 15 A UNIT OF:
X:61IY . COUNTY 'OTHER LOCAL AGENCY
NAME OF POLITICAL
Palm Beach
WHO MUST FILE FORM 88
ELECTIVE .I APPOINTIVE
Board
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented
with a voting conflict of interest udder Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and riling this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited frorh knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
You should complete and file this form (before making any attempt to influence the decision) with the person responsible fot
recording the minutes of the meeting, who will incorporate the form in the minytes.
• A copy of the form should be provided immediately to the other members of the agency.
The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest
F YOU'MAKE, NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
^'You should disclose orally the nature of your conflict in the measure before participating.
o Youshouldcomplete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
Of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Robert Ganger , hereby disclose that on January 20, 2011 ,xlg
[a) A measure came or will come before which(check one,). yh,
inured to my special priv i am; or
SS
_inured tot . - ecial'gain of �yti , by whom 1 am retained.
(b) The -measure before my agency and the nature of my interest in the measure is as follows:
Date
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112:317 (1985),'A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY'ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND„OR A CIVIL PENALTY NOT TO EXCEED $5,000.
FORM IS • 10-M PAG