HomeMy Public PortalAbout02/13/20140 February 7, 2014
CHAIRMAN: William Boardman
COMMITTEE MEMBER: David Bodker
Richard Mouw
Patricia Randolph
Benjamin Schreier
REGULAR MEETING BEING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF
STREAM, FLORIDA ON THURSDAY, FEBRUARY 13, 2014 @ 8:00 A.M. IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
AGENDA
I. Call to Order.
II. Roll Call.
III. Minutes of the Regular Meeting of 1- 16 -14.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. Announcements.
A. Meeting Dates
1. Regular Meetings
a. February 28, 2014 @ 8:00 A.M.
b. March 12, 2014 @ 8:00 A.M.
c. March 26, 2014 @ 8:00 A.M.
d. April 9, 2014 @ 8:00 A.M.
e. April 23, 2014 @ 8:00 A.M.
VI. Communication from the Public (3 min. maximum)
VII. Correspondence and Suggestions Received to Date.
Consider establishing waivers
Review Generator Regulations
Mechanical Equipment Setbacks
Maximum Lot Coverage
Review Landscape Code
Fence Heights
Signs
Elevation of Seawall caps
Roof Color & Material
North Ocean Blvd. Overlay in relation to 78' setback provision
Finished Floor Elevation - Possible FEMA change to 7.5'
Review Roof & Eave Hgts. & Entry Features
Installation of sidewalks & pathways
VIII. Items to be considered at this meeting.
Consider establishment of waivers.
Review Existing Regulations for Generators Sec.22 -78 thru 22 -81.
Minor Accessory Setbacks - Mechanical Equipment Sec. 70 -51 & 70 -74.
IX. Items by Committee Members.
X. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE AD
HOC COMMITTEE 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. 286.0105, E.S.S.
MINUTES OF THE REGULAR MEETING HELD BY THE AD HOC COMMITTEE OF THE TOWN
OF GULF STREAM, FLORIDA, ON THURSDAY, FEBRUARY 13, 2014, AT 8:00 A.M. IN THE
^ COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA
�) I. CALL TO ORDER: Chairman Boardman called the meeting to order at 8:06 A.M.
II. ROLL CALL:
Present and William Boardman Chairman
Participating Richard Mouw Committee Member
Patricia Randolph Committee Member
Benjamin Schreier Committee Member
Also Present and William H. Thrasher Town Manager
Participating Rita L. Taylor
Town Clerk
Christopher O'Hare
Resident
Robert Smythe
Personalized Power Systems
Will Ferrigno
Assurance Power Systems
Robert Biscardi
Sun Electric Service & Repair
Town Clerk Taylor announced that Committee Member David
Bodker resigned from the Committee due to
some residents viewing it as a conflict of interests and possibly self - serving.
Chairman Boardman inquired whether that information would be relayed to the Commission so that they
can appoint someone else.
0 Town Clerk Taylor stated that she would convey that item to the Commission.
III. MINUTES OF THE REGULAR MEETING OF 1- 16 -14:
Chairman Boardman corrected the statement he made in Agenda Item IV. stating that it should read that
the public did not have an obligation to speak at the Ad Hoc Committee Meetings. He continued that since
this Committee is an Advisory Committee, the members did not have to be sworn in or file any financial
statements, as per Town Counsel Randolph's research. Chairman Boardman stated that there could be an
item on a future Agenda that provides a period for the public to speak. He continued that if that was not
done in a civil manner, that item would be removed from the Agenda.
IV. ADDITIONS. WITHDRAWALS, DEFERRALS, ARRANGEMENT OF AGENDA ITEMS•
Chairman Boardman suggested accommodating the generator company representatives present at this
meeting, by having them speak first under Agenda Number VIII. "Items to be Considered at this Meeting ".
V. ANNOUNCEMENTS:
A. Meeting Dates
1. Regular Meetings
a. February 28, 2014 @ 8:00 A.M.
b. March 12, 2014 @ 8:00 A.M.
Jc. March 26, 2014 @ 8:00 A.M.
d. April 9, 2014 @ 8:00 A.M.
e. April 23, 2014 @ 8:00 A.M.
Ad Hoc Meeting
Town of Gulf Stream
February 13, 2014 — Page 2
Town Clerk Taylor announced the next Ad Hoc Committee Meeting would be on February 28" at 8:00
A.M.
Chairman Boardman discussed the letter which was sent out to 500 households in Town informing them of
the formation of the new Ad Hoc Committee, and requesting responses to the residents' issues they had with
the Town's Design Code. He continued that the Office received back eight (8) responses.
VI. COMMUNICATION FROM THE PUBLIC (3- MINUTE MAXIMUM
Christopher O'Hare thanked the Ad Hoc Committee for continuing with Public Comments. He discussed
his prospectus of the history of the Town's Building Code. Mr. O'Hare referred to the present Code as an
atrocity, and that the Design Manual was crafted as vague as possible. He referred to the present litigation
regarding building violations on Town Hall property. Mr. O'Hare discussed 4' vs. G' fence heights in Place au
Soleil, with regard to privacy. He stated that he hoped that this Committee would save the Town.
Chairman Boardman stated that it would be very helpful to have Mr. O'Hare write down his specific issues
or concepts for the Committee Members' review.
VII. CORRESPONDENCE AND SUGGESTIONS RECEIVED TO DATE:
Consider establishing waivers
�—. Review Generator Regulations
Mechanical Equipment Setbacks
Maximum Lot Coverage
Review Landscape Code
Fence Heights
Signs
Elevation of Seawall caps
Roof Color & Material
North Ocean Blvd. Overlay in relation to 78' setback provision
Finished Floor Elevation — Possible FEMA change to 7.5'
Review Roof & Eave Heights & Entry Features
Installation of sidewalks & pathways
Chairman Boardman reported that on the upcoming Agendas, there will be a reminder of the topics and
any changes will be addressed. He stated that the Committee should complete their task by the end of April
2014. Chairman Boardman also detailed the above -named topics created by residents and Staff to be
discussed at future meetings.
Committee Member Schreier referred to FEMA change to 7.5' item should be of consideration of this
Committee.
r'l'� Town Clerk Taylor stated that there were items received after the Agenda was sent out to Committee
Members, and she distributed them accordingly.
Ad Hoc Meeting
Town of Gulf Strnm
February 13, 2014 — Page 3
Chairman Boardman reported the additions to the original list: additional fence concerns, notification of
Robert Smythe, Personalized Power Systems presence at this day's meeting, speed limits and speed bumps
which he stated were not in the scope of this Committee, and Charter Revisions, with regard to architectural
designs for the Commissioners, which would be put on file for the proper Committee.
VIII. ITEMS TO BE CONSIDERED AT THIS MEETING:
Consider establishment of waivers
Review Existing Regulations for Generators Sec.22 -78 through 22 -81.
Minor Accessory Setbacks — Mechanical Equipment Sec. 70 -51 & 70 -74.
Town Manager Thrasher stated that there are two (2) situations with regard to generators. He continued
that one has to do with the DBA decimal reading on the generators listed in Code Section 22 -77 that deals
with noise tolerance, and the other issue is in Code Section 70 -74 regarding the setback locations on the
property for generators. Town Manager Thrasher reported that there are five (5) districts that have separate
setback requirements for minor accessories. He described the generators' process application.
Chairman Boardman inquired regarding the setbacks in the Town's core or Place Au Soleil.
Town Manager Thrasher reported minor accessory front setbacks are 25' for the Town of Gulf Stream
core district, 12' on the side interior, 17' comer side, rear interior setback is 15', on AlA is 25', and anything
connected to water is 20'.
Mr. O'Hare interrupted and stated that the DBA is useless as noise should be regulated. He suggested that
the Town's Code should be more simplified, and not give so many details.
Chairman Boardman stated that Mr. O'Hare should not interrupt again, which Mr. O'Hare agreed to.
Robert Smythe stated the biggest item is the noise ordinance, and residential generators are not made to run
at full load. He continued the average home generator runs at less than 50 %. Mr. Smythe said putting the
generators at the property line works fine. He continued it does not say full load on the spec sheet. Mr.
Smythe reported that his equipment runs low and quiet, and meets the Town's Ordinance. He thanked the
Committee for his presence at the meeting and asked to have the code changed to normal running mode
which would solve all the problems.
Will Ferrigno stated that with most major manufacturers only one (1) identifies full running mode on their
spec sheets. He also stated that it would be reasonable for the Town to work with their companies because
they use quality products to meet noise requirements.
Chairman Boardman inquired regarding the Village of Golf and Town of Ocean Ridge.
Ad Hoe Meeting
Town of Gulf Stream
February 13, 2014 —Page 4
Mr. Ferrigno stated Palm Beach County's requirement is 75 decimals. He continued that Town of Gulf
Stream is 66 which is the quietest. Mr. Ferrigno responded that Village of Golf is 72 decimals.
Chairman Boardman inquired regarding what the equivalent code section states with the surrounding
communities.
Mr. Fettigno stated that it lists normal running load. He also stated he will provide their information.
Committee Member Schreier inquired how often have there been complaints from Town's residents
regarding noise from generators.
Town Manager Thrasher stated there have been no complaints based on the present way of establishing of
the requirements. He continued that it appears that the residents are satisfied with the code to provide a quiet
environment for their lifestyle.
Mr. Ferrigno inquired if there were complaints with the other way.
Town Manager Thrasher responded that there were verbal complaints.
Mr. Ferrigno stated they are only trying to get approval for the normal product for 64 db. He continued that
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they are splitting hairs over 1 db.
Town Manager Thrasher stated the he agrees that the spec sheet is the guiding critetia for the generator
meeting the standard.
Mr. Ferrigno stated that their products do meet the standards and they do suffice. He continued that there is
not a cost issue to go with a lesser expensive unit.
Town Manager Thrasher reported it would be difficult for someone to arbitrarily administer a code for full
load or normal load. He stated that the present restrictive Town's Code works well and easily with the
present staff.
Mr. Ferrigno inquired why the spec sheet the Town received was not being approved.
Chairman Boardman stated that he liked the uniform standing running rate and to not get into ambiguity.
He also addressed the issues of setbacks with regard to being common with 15' rear setbacks in both
neighborhoods.
Robert Biscardi stated that the Town is much higher than most communities.
Committee Member Schreier inquired why generators were put on the Agendas.
Ad Hoc Meeting
Town of Gulf Stream
February 13, 7014 — Page 5
Chairman Boardman responded that he put that item on the Agenda. He continued that his concern was
with the other equipment, e.g. pool heaters, pool pumps. Chairman Boardman stated that when there is
major renovation at the home, that equipment is put in the rear of the home and it affects the neighbor.
Board Member Schreier stated that that equipment should be placed beyond the side setbacks rather than in
the backyard. He continued there should be two (2) pieces of equipment per setback. Board Member
Schreier reported that there are different variables with plus and minuses for each case.
Committee Member Mouw agreed to a normal load and to rely on the manufacturer's data.
Chairman Boardman inquired if you can put an air conditioning unit in the back property.
Town Manager Thrasher responded front, side, or rear, as long as they meet the requirements.
Chairman Boardman thanked the representatives from the generator companies for their tune. He reported
that the Ad Hoc Committee is not an action Committee. Chairman Boardman continued that at the end of
April, the Committee will submit a "package" to the ARPB Committee, and then they make a
recommendation to the Commission who then approves any changes.
OTown Manager Thrasher, in reply to a question from Mr. Smythe, reported that an Ordinance could take
from nine (9) to twelve (12) months.
Town Manager Thrasher addressed the inquiry from Mr. O'Hare regarding four (4) fences in Place An
Soleil which are prohibited in Code Section 70 -187 due to the fact they are over 4'.
Chairman Boardman asked the Committee if they had any comments regarding the other types of
equipment, e.g. pool heaters and pool pumps.
Committee Member Mouw stated that the Town should adhere to normal load with regard to generators,
and rely on manufacturer's data rather than having the Town do the ratings which could be flawed.
Town Manager Thrasher reported that the Town does have a Noise Ordinance but there is no section in
that Ordinance to have anyone going out to do any dba readings.
Committee Member Schreier suggested taking the Noise Ordinances out of the code because of grey axeas.
Town Clerk Taylor reported that there is not just one overall Noise Ordinance. She continued that those
things are addressed differently, e.g. the generators are addressed, and construction noise is addressed
i separately.
Ad Hoc Meeting
Tawn of Gulf Stream
February 13, 2014 — Page 6
Committee Member Mouw reported a nuisance in his own neighborhood of a malfunctioning pool pump
that has been very disturbing and suggested this would be an instance where a decibel reading should be
taken.
Town Manager Thrasher said a typical response from the Town would be to communicate with the
homeowner regarding the noise to make sure they are aware of it, and to inform them of the annoyance to
their neighbors. He continued that in 99.9% of the time, the owners are very cooperative rectifying the issue.
Chairman Boardman addressed the smaller lots and the issues with pool heaters and pool pumps. He
stated if someone lives on one of these exception lots, that equipment can be no closer to the property line
than it is to your house. Chairman Boardman felt this to be an extraordinarily fair solution. He also stated
that this was not applicable to most installations.
Town Manager Thrasher referred to Code Section 70 -75 which relates to special exceptions to setbacks.
He continued that there are six (G) standards that must be met which includes the above - mentioned
exception.
Chairman Boardman repeated that the equipment has to be on the side of the house and closer to your
house than the property line.
Committee Member Schreier stated that this is a no win situation. He continued with examples of privacy
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walls between neighbors that he has built homes for.
Chairman Boardman stated that he wanted easier issues on the Agenda for the first Ad Hoc Meeting. He
also hoped that the Committee would shy away from creating ambiguities.
Committee Member Randolph asked for an explanation of the Noise Ordinance.
Town Manager Thrasher reported that in regards to noise, the Town of Gulf Stream is not as restrictive as
other towns.
Chairman Boardman asked for a motion on how the Town should measure the decible levels on
generators.
Committee Member Schreier suggested running db levels for residential generators. He continued that he
can put a generator within a setback in the Town of Boca Raton, but in Town of Palm Beach, he can put a
generator between the property lines and the setback.
Committee Member Schreier moved and Committee Member Mouw seconded to approve running
decimals for residential generators. All voted AYE.
OW
Ad Hoc Meeting
Town of Gulf Stream
February 13,2014— Page 7
Chairman Boardman stated he did not sense that any conclusions should be reached at this time on
accessory equipment. He continued that there were requests from a number of residents on how the overall
process works. Chairman Boardman reported that getting a variance to a requirement is a very strict process
with elements of being very difficult. He suggested whether the ARPB should waive the requirements with
exceptional situations. Chairman Boardman reported that he has asked Town Counsel Randolph to prepare a
description of how a waiver might operate, as opposed to a variance and to produce some examples of the
language that other municipalities have used in waiver language. He continued that the heart of it is that
"What does it take to get a waiver or a variance "? Chairman Boardman further stated that there should be
some conclusion to the accessory items.
DL ITEMS BY COMMITTEE MEMBERS:
Committee Member Mouw inquired regarding the replacement of Committee Member Bodker, who was
very knowledgeable with regard to the Landscape Code.
Town Clerk Taylor reported that there will be an appointment to 0 his spot by the Commissioners.
Chairman Boardman stated that it will be difficult to review Landscape Code, without a landscape person.
Town Manager Thrasher inquired if this Committee had any suggestions regarding an appropriate
' landscape person, they should email them to him.
Committee Member Schreier mentioned two (2) possible applicants: Novaro Williams and Joseph
Peterson who would be appropriate candidates for this Committee.
X ADJOURNMENT:
Chairman Boardman adjourned the meeting at 9:30 A.M.
Sandra Fein
Recording Secretary