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Home My Public Portal About06/23/2011C 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, JUNE 23, 2011 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. II. Roll Call. Present and Participating Absent w/Notice Also Present and Participating III. Minutes. Robert Ganger Scott Morgan Charles Frankel, III Malcolm Murphy Thomas Smith Amanda Jones William H. Thrasher Rita L. Taylor John Randolph Chairman Vice -Chairman Board Member Board Member Board Member Alternate Member Town Manager Town Clerk Town Attorney A. Special Joint Meeting with Town Commission, 5-24-11 B. Regular Meeting & Public Hearing, 5-26-11 Mr. Ganger asked for a correction on Page 6 of the 5/26/11 Minutes where it references "Find" project, which should read "FIND." Mr. Smith moved and Mr. Frankel seconded to approve the May 26, 2011 ARPB Minutes with the one amendment and the May 24, 2011 Minutes of the Special Joint Meeting with Town Commission. There was no discussion. All voted AYE. Chairman Ganger thanked Clerk Taylor for including the ARPB portion of the draft Town Commission Meeting minutes in their packet. IV. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. July 28, 2011 @ 8:30 A.M. b. No meeting in August 2011 c. September 22, 2011 @ 8:30 A.M. d. October 27, 2011 @ 8:30 A.M. e. November to be determined f. December 29, 2011 @ 8:30 A.M. Chairman Ganger asked Clerk Taylor if there will be a July meeting. Clerk Taylor said they will meet in July and there is one application which is the proposal for development of the Spence Property. She said the attorney for the estate is the initial applicant because it has not closed yet. Mr. Smith said Joel Strawn is the executor of the estate and Clerk Taylor said Mr. Strawn signed off on the application. Mr. Smith said he is the accountant for the estate and may have to recuse himself from the hearing. He asked if the estate would step aside after closing or is the closing contingent upon the approval of the development. Mr. Randolph said as long as the estate is involved, Mr. Smith would have to recuse. Mr. Smith said he was not aware that the closing was subject to development approval, but it may be that they Architectural Review and Planning Board Regular Meeting and Public Hearing - June 23, 2011 Page 2 will not close until development is approved. Clerk Taylor said she requested a copy of the contract. Chairman Ganger asked Clerk Taylor if she would distribute the July meeting packets a day or two earlier to allow Mr. Smith time to determine whether or not he must recuse. Mr. Randolph asked how many board members will be present for the July 28th meeting. Mr. Morgan said he may not be present and Chairman Ganger suggested resolving any schedule conflicts ahead of time since there C ) will be no August meeting. Clerk Taylor said the applicant has worked diligently to have all documentation submitted in time for the July meeting. VI. PUBLIC HEARING. The agent for the applicant was not present. Chairman Ganger asked, other than driving by the property, if there have been any ex -parte communications concerning the matter. There were none. A. Applications for Development Approval 1. An application submitted by William Wietsma, William Wietsma Co., Inc., as agent for 3565 N. Ocean LLC, owners of property located at 3565 N. Ocean Blvd., Gulf Stream, Florida, legally described as a portion of Lots 7 & 8 in Gulf Stream Ocean Tracts Subdivision and a portion of Lots 9 & 10, Block B in Palm Beach Shore Acres Subdivision, Gulf Stream, Florida; a. DEMOLITION PERMIT to allow the removal of the existing garage and the remaining concrete floor slab of the previous primary structure, a single family dwelling. b. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow the removal of the existing garage, a portion of which is located within the Overlay District. Chairman Ganger summarized the applicant's request. Mr. Frankel moved and Vice -Chairman Morgan seconded to approve a Demolition Permit to allow the removal of the existing garage and the remaining concrete floor slab. There was no discussion. All voted AYE. Mr. Frankel moved and Vice -Chairman Morgan seconded to approve a North Ocean Boulevard Overlay District Permit to allow the removal of the existing garage, a portion of which is located within the Overlay District, with the following condition: 1. Stabilization of the entire site to prohibit wind and water soil erosion. There was no discussion. All voted AYE. Chairman Ganger asked if the property owner is required to maintain a security fence around the property and Mr. Thrasher said, since no construction will be going on, he would say no. Chairman Ganger expressed concern that the open property would create an invitation for public access to the beach and asked if there is anything to prohibit that. Mr. Thrasher said it would be a civil matter. Chairman Ganger said there was a similar issue with the old Seahorse property and explained that people would park on the west side of AlA where the old Architectural Review and Planning Board Regular Meeting and Public Hearing - June 2,3, 2011 Page 3 tennis courts used to be and would walk across the property to the beach. He said a concrete slab was left on the property which attracted teenagers to hang out and there was considerable activity visible from the surrounding condominiums. Chairman Ganger asked Mr. Randolph if the liability would be on the property owner and Mr. Randolph confirmed that. OChairman Ganger stated that there has been a motion and a vote, but asked Mr. Randolph if the Board should place a condition on approval or advise the property owner of the Board's concern. He said it is the Board's prerogative to impose conditions such as screening or hedging to be in place to hide unsightly construction equipment during demolition, but if the concern is for someone walking across the owner's property it is a private property interest and beyond the Board's concern. Chairman Ganger asked that it be made a part of the record that this discussion took place and no action was taken. Chairman Ganger said if the property is seeded and it rains it will improve the appearance of the property. Mr. Thrasher said he heard nothing about seeding and the type of stabilization has not been specified. Vice -Chairman Morgan said the technical term used by the applicant was "hydro -seeding" which was handwritten on the application. Mr. Randolph said the Town of Palm Beach requires sodding and irrigation as a condition for all demolition permitting. Clerk Taylor explained Hydro -seeding saying that the seeds are enhanced and it is used along highways for stabilization because it requires little water. To avoid complaints from residents, Chairman Ganger suggested that when staff reports back to the applicant they suggest the applicant make an effort to leave the property in a pleasant -looking condition and they make it known to the public that it is private property and there will be no trespassing. VII. Items by Staff. There were no items by Staff. VIII. Items by Board Members. There were no items by Board Members. IX. Public. There were no items by the Public X. Adjournment. Mr. Smith moved and Mr. Frankel seconded to adjourn Cthe meeting. The meeting was adjourned at 9:50 A.M. 1 L Gail C. Abbale Administrative Assistant