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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