[This transcript was generated automatically from audio using AI and hasn't been reviewed by a person -- it can contain mistakes, including plausible-sounding sentences that were never actually said. Treat it as a starting point, not a verbatim record.]

[0:44] Okay, Kelly. I think we'll now ask you to call to order in the roll call for the agenda of the regular development meeting. Thank you.
[0:54] Okay. Mayor Moore.
[0:55] Yeah.
[0:55] Council President Lennie, here.
[0:57] Council President Proto-Tem Krampton.
[0:59] Yeah.
[0:59] Council Member Ayrskog.
[1:01] Council Member Koonie.
[1:03] Here.
[1:04] Please stand for the invocation and pledge.
[1:11] Heavenly Father, Grant the spirit of wisdom, charity, and justice to elected leaders.
[1:16] help them maintain their sense of purpose and be uplifted by words of encouragement as they face the decisions before them today.
[1:24] We humbly ask for your blessings upon our community.
[1:29] I pledge allegiance to the flag of the United States of America and to the Republic for which it stands.
[1:36] One nation under God, indivisible with liberty and justice for all.
[1:43] Okay, we're going to approve the agenda, but first we have some modifications and I'm going to go to staff at Wayne.
[1:50] Yes, good morning.
[1:51] Thank you.
[1:52] Let me go through the easy ones first.
[1:54] Item 14, 0.25, 0.0066, 3031, South Ocean Boulevard.
[2:01] Special exception and site plan review will be deferred until the April 15th, 2026 meeting.
[2:07] Item 19.
[2:08] Okay, hey, that was 14, right?
[2:11] Yep, 14.
[2:13] I am 14.
[2:14] 14.
[2:15] 14.
[2:16] Yeah, I got 15.
[2:22] Okay?
[2:23] Yep.
[2:23] Okay.
[2:25] Item 15, 241, El Dorado.
[2:30] This is the Artificial Turf.
[2:32] That matters.
[2:33] Staff is requesting that be deferred until the April 15th meeting.
[2:39] Item 19, ZLN-25-0070-937 North Lake Way variants, the variance has been withdrawn.
[2:52] Item 20, ZLN-25-0087-333 Sunset Avenue, variances deferred until the April 15-26 meeting.
[3:04] This is item 20.
[3:06] Would you go, that's 20, right?
[3:08] I'm trying to catch up for the air deferred.
[3:13] Item 22, 0.026, 0.001, 1519, North Ocean Way, variance deferred until May 13,
[3:24] 2026,
[3:27] item 25, 0.026, 0.050, 1300 North Ocean Boulevard, variance deferred until April
[3:37] 15th, 2026.
[3:39] All right, seven.
[3:40] I have 0, 0, 0, 0, 6.
[3:44] Is this height?
[3:48] Ordnance.
[3:49] Thank you.
[3:50] Number eight, regarding tandem parking.
[3:53] That was agenda item 27.3.
[3:56] Is deferred until next month, April 15th.
[4:03] And also, ordinance six, 2026.
[4:09] The ordinance relative to the signage on balance will be deferred until
[4:12] April 15th.
[4:17] Any other business to request for waiver of town code section 18-237 for building
[4:22] permit extensions at 1-34C Breeze Avenue that extension request has been withdrawn?
[4:31] Those are the
[4:32] easy ones. We also have agenda item number 13 which
[4:41] is 0.025-0049-180 Royal Palm Way, 301-309,
[4:48] South County Road and 155 through 7 Brazilian Avenue.
[4:54] We have an interested party who may like to speak on that, Mr. Crowley this morning.
[4:59] Good morning.
[5:00] Good morning.
[5:01] Jamie Crowley for the record on behalf of the Frisbee Group.
[5:05] So last night as I was coaching my soccer team, I got a call from Lou and Lou asked us to
[5:12] remove this item from the agenda because of the way that it is sort of spun out of control
[5:16] in the community and out of respect for him, I spoke with the Presby Group and we're going
[5:22] to withdraw the site from the agenda.
[5:25] But because there have been so many things set about it, I just, if I could take one
[5:30] minute and just correct some of the things that we've been hearing because, and I could do
[5:34] this in public commoner, I can do it very quickly now because we submitted this project in
[5:39] July.
[5:40] We met with your staff probably 15 times.
[5:43] We redesigned the project three times significantly.
[5:46] I hope today was to come and to be deferred to our com because there's a very unique
[5:52] situation in the code with commercial projects where our com is supposed to make recommendations
[5:56] on variances, but you guys change the order in which these projects are heard.
[6:00] So now our com is doing design review after you're hearing the zoning.
[6:06] So what that led to in this situation was me needing to come here to be deferred to our com.
[6:11] But because this has caused so much anxiety in the community, we're just going to pull it and we'll
[6:17] revisit that maybe at a maybe at a later time, maybe not. I don't know what we're going to do,
[6:21] but we're going to go back to the drawing board. I don't want to have everyone worked up here today
[6:25] over something that maybe we can restart and come up with a better plan. But I do want to say that
[6:31] Frisbee Group has listened to your staff, maybe we didn't get it exactly right, but we did what
[6:36] we thought was in the best interest of the community. The project was going to reduce traffic by
[6:40] 375 cars every single day, so we're going to withdraw it, but it's unfortunate that we weren't
[6:51] given an opportunity to further refine the plans, but I want to thank staff for trying to
[6:55] help us get through the process, and we'll take it off the agenda for today, so thank you.
[7:01] Thank you. And then finally item 17 0 and 25 0 0 7 6 17 68 South Ocean Boulevard,
[7:11] site plan review and variances. Mariziska is here today for that matter. She will request
[7:17] a deferral in person. Thank you. Mariziska here on behalf of the Schwarzman's and I came to
[7:23] you last month thinking that maybe we were going to be able to withdraw this request for variances
[7:27] to replace the generator, however.
[7:30] We'll still need to go forward with the variance request to replace the generator, so I'm asking for one month to furl to April.
[7:39] Thank you.
[7:40] More quick questions.
[7:41] They own a vacant lot next door to them that just seems to be a parking lot every day. Do you know what's going on there?
[7:47] Nothing.
[7:48] I just don't think vacant lots are supposed to be used as parking lots in our construction site.
[7:53] I mean, I think it's maybe their staff.
[7:56] Okay.
[7:57] I'll find out.
[7:57] Thank you.
[7:58] Joanne do we not need oh no would make us a promotion on that's right for the for all place. Thank you
[8:05] I move that both of them right Joanne
[8:08] Oh, no the other ones with drawn correct, so we don't have to make a motion on just just the project item 17
[8:15] Okay, so I move that
[8:19] Z-O-N-S-25-Z-0076, 1768 South Ocean Boulevard, B-A-Defird to April 15th.
[8:31] 15th.
[8:32] Mr. Skog.
[8:33] Yes.
[8:34] Mr. Krampton.
[8:34] Mr. Cunney.
[8:36] Mr. Moran.
[8:36] Yes.
[8:37] Ms. Lindsey.
[8:38] Yes.
[8:39] And we will need a motion to modify the agenda as amended by staff.
[8:43] I'll make a motion to modify the agenda as excuse me.
[8:48] to approve the agenda as modified by staff.
[8:52] Mr. Harris-Con.
[8:53] Yes.
[8:53] Ms. Marianne.
[8:55] Yes.
[8:55] Mr. Cranpton.
[8:56] Ms. Lindsey.
[8:58] Yes.
[8:58] Now, if there's anyone else who's going to speak today who hasn't been sworn in.
[9:03] Just, that's the next thing I'm going to last.
[9:06] Then we'll go to the comments.
[9:08] If you intend to speak today and have not been sworn in, please stay on
[9:14] your right-hand and me sworn in?
[9:16] Kelly, just a can from.
[9:18] I do think anyone who, even if you were sworn in under LPA,
[9:21] you should be sworn in again.
[9:22] So, okay.
[9:24] If you tend to see me during this meeting.
[9:27] Thank you.
[9:28] Do you swear or affirm that the testimony
[9:29] which you're about to give is the truth?
[9:31] The whole truth and nothing but the truth
[9:32] so help you God.
[9:36] Thank you.
[9:37] All right.
[9:38] Richard, I'm going to start with you today for comments.
[9:40] Jeez, I'm glad to be.
[9:42] No comments for me.
[9:43] Good morning.
[9:43] Nice to see you, everybody.
[9:44] Okay.
[9:45] Oh, no comments?
[9:47] None for me.
[9:48] Yeah.
[9:49] Well, I went to the Chamber Breakfast this morning.
[9:52] We know I'm not a morning person, but I did make a good Chamber Breakfast.
[9:56] And at that point, the Chamber and Evans honored the person sitting to my right and
[10:03] gave them the Chairman's Award for their years of service.
[10:06] So I merely want to recognize that Bobby did receive that award this morning in front of
[10:12] We were in full of 500 people, amazing people
[10:17] who think Bobby is as amazing as I think Bobby is.
[10:23] So, and I had one other comment, but I'm so busy thinking about Bobby that I forgot what it was.
[10:28] So, I can always come back to it.
[10:30] So, a few more.
[10:31] Yep, Julie.
[10:33] Yes, I'm just going to repeat what I said at the LPA, which is I want to thank Donnie for
[10:38] her generosity and giving them a beautiful lunch yesterday for the Council and for directors
[10:43] of staff so it was great that we were all together to say thank you to Bobby and to also tell
[10:51] her how much will miss her and I just again have appreciated I've been on the desk with Bobby
[10:57] the whole time so I'll miss you and I just appreciate your leadership and all you did to teach me
[11:05] before I got on council and just for all your ideas and your wisdom and the things you brought
[11:12] to our town in our council.
[11:14] Thank you.
[11:16] Ted.
[11:18] No comments this morning.
[11:19] Thank you.
[11:20] Bobby, I did have a question for Joanne, and I'm sorry.
[11:23] I'm sort of usually I asked questions before we go to meetings, but I was running late this morning.
[11:30] Joanne, I'm questioning whether or not it's appropriate to hear the declaration of use for the
[11:38] discussion on it, since the lawsuit's been filed, in my mind, it's sort of, we may be wasting
[11:44] time depending on the outcome of the lawsuit, so could you open on that, which might,
[11:50] I should have done it earlier, for approval of the agenda, so I apologize for that too.
[11:55] Absolutely.
[11:55] And this question has come up in the past as well as to the synagogue and other properties
[11:59] where an appeal essentially is filed.
[12:02] It is really the developer, the applicant's risks to move forward with the pending appeal.
[12:10] I do think it's appropriate if they want to move forward,
[12:13] but you can hear the declaration of use, and they do have an approval from you.
[12:20] And so it's their risk on appeal.
[12:22] I just don't want to spend eight hours discussing the declaration of use and have it be a waste of our time.
[12:29] But, okay, thank you. I just wanted to share with you.
[12:32] I would just add, I mean, the private property owner has the right to proceed.
[12:35] They do have an approval from you.
[12:37] Okay. Thank you, thank you.
[12:39] That's good clarification.
[12:41] And I'm going to remind everybody, yes, today is my last day that I'll vote.
[12:46] But I'm coming back next month and I'll have a few parting words after I oversee the election of a new president.
[12:54] So I look forward to that.
[12:56] And that's my only comment for today.
[12:58] I want to remind everybody we do have a meeting on March 30th oh yeah, I got one more. Sorry. That's a quickie.
[13:05] That's a quickie. And I've already said yes to that one too. All right. Okay. Okay.
[13:12] So. All right. Let's get into the.
[13:15] So. So.
[13:16] Do we have any public agenda as amended since we just.
[13:20] We did public comment.
[13:22] Yeah. We went to public comment. Now is there public anybody from the public that would like to speak now?
[13:27] or you can wait, obviously, till your item comes up.
[13:32] You have to come up to the desk,
[13:34] you're going to introduce yourself,
[13:36] and then you can ask whatever you want.
[13:39] Public comment.
[13:39] Dr. Gannick on it in 267 Marine Road,
[13:41] but I'm actually reading something for another resident
[13:44] that couldn't be here today.
[13:45] But since they withdrew their proposal
[13:49] for the project, would you like to hear the comments?
[13:53] No.
[13:53] You could bring them with it.
[13:54] Well, can I submit this to you?
[13:57] because this is really a very well-written letter
[14:00] and we agree with everything that Jennifer Roudic actually said.
[14:04] So thank you very much.
[14:05] Thank you very much.
[14:06] Thank you.
[14:08] And maybe give a copy to Jamie, if you'd like to see it.
[14:11] Should Mayor Schweib just send an alert.
[14:14] I think there was going to be substantial public comment on this one.
[14:16] There was.
[14:17] And I've sent it to the Garden Club and one other person
[14:21] that I know was marshalling, but I think it would be a great idea
[14:24] if you know somebody that is planning it.
[14:26] with a lot of people that might take a minute and send them a text.
[14:31] I think alert might be a good idea.
[14:33] Yeah, I think everybody.
[14:34] Yeah, if we can do that.
[14:35] You guys carry on, I'll just go tell Jeffs.
[14:37] Okay, I think that's appropriate because it is.
[14:40] It's always a good idea.
[14:41] I'm getting texts as we said here.
[14:44] So, right.
[14:46] Hopefully.
[14:48] So, okay.
[14:51] Okay, so now we're going to move into general business
[14:53] And we have an absence petition.
[14:57] Is there a twist or a twist?
[14:58] Yeah, you are.
[14:59] Yeah, you are.
[15:00] Good morning. Good morning. Sorry, it took so long to get to you.
[15:06] No, the other stuff's fascinating. So I appreciate it. Plus, mine's going to be very exciting. It's going to bring a lot of great energy into the discussions this morning as well.
[15:18] Okay. Well, we've got two things for you to do, right?
[15:22] Which is the, I guess your, your-
[15:25] Your-
[15:25] The first one, yeah. The first one I had two sentences last year.
[15:29] The first one, second one, I had a family emergency that I had to attend to, so I couldn't
[15:37] meet the two absence, I hit the two absence minimum requirement, and so that's why I'm
[15:43] the first part of this, that's why I'm here.
[15:46] Okay.
[15:46] Mask of question.
[15:48] Any questions?
[15:49] We've got Donnie, Julie Bridget.
[15:52] I mean, look, we all have families and things, so family emergencies are perfectly understandable
[15:58] And we always talk about how continuity in the boards regarding finances is really important,
[16:06] and I think it'd be a sad occasion if of course we're not allowed to continue the service.
[16:12] So, he's done a great job.
[16:14] I think those committees are both of them are daring to support jobs.
[16:19] So, I think we would, in my opinion, you all should accept the absences and move forward,
[16:26] move on to other more important things, okay? Julie? I agree. The only thing I wanted to
[16:34] stop is if you have a family emergency, can he call you after and get an
[16:39] excuse-dapsense or how does that process work? Because I know that town would have given
[16:44] them an excuse-dap and given you an excuse-dap service. Okay, because I think that's an
[16:49] important because you could just call and say, by the way, this is what happens. Oh yeah,
[16:53] And I know, I just didn't, it's not that I didn't show up.
[16:55] I mean, I gave them a warning that I couldn't show up.
[16:59] So why wouldn't that be an excuse to have an excuse to have an excuse to have an excuse?
[17:02] No, it's not.
[17:03] No, it's not.
[17:04] It is not.
[17:05] It's not.
[17:05] It is not.
[17:06] They're all submitting a certain status.
[17:11] And I think we should probably give discretion to the town manager or the chair of that committee
[17:16] up to have some.
[17:18] Absolutely.
[17:18] I think it should be quite clear.
[17:20] You should never have had to come before us.
[17:21] Do we need a motion? I'm going to make one.
[17:23] I would just want to add under the code.
[17:27] We are only allowed to excuse for for four reasons.
[17:32] And family emergency is not one of them.
[17:34] So we should add that.
[17:35] But if you added at the tell manager's discretion that would be.
[17:40] That would be helpful.
[17:40] Can we do that now?
[17:43] It has to come to you.
[17:44] If you want to know.
[17:46] Yes please.
[17:47] Okay.
[17:47] We probably need to thank you.
[17:49] Whatever you guys want.
[17:50] It's fine with me.
[17:50] Not the way I came in matters, but whatever.
[17:52] We want you for it.
[17:53] You want you for it.
[17:55] Okay.
[17:55] So it's on another report.
[17:57] All right.
[17:58] So on now that the exciting stuff.
[18:00] I'm here representing the annual port to you all
[18:03] in the mayor for the investment advisory committee.
[18:07] Just to confirm for those who don't know it.
[18:10] We are responsible for overseeing the towns,
[18:12] surplus funds, and the op-up op-pap trust funds.
[18:17] And the ones percent sales tax.
[18:18] So, just to give you the annual report on how things are going, as of December 31, 2025, we are
[18:26] overseeing $247 million, $646,123.
[18:33] That's divided up into, and this is just the surplus funds I'm talking about now.
[18:39] There's several managers that are helping overseeing those funds for us.
[18:43] There's PFM asset management, they manage about 18.7 percent of those monies, of which they manage a 1 to 5 year actively managed bond portfolio that returned 6.17 percent.
[18:58] The Florida League of Cities bond funds manages a 15.82 percent of that.
[19:06] They have several different strategies, the zero to two-year return, 4.77, and the 1 to 3-year
[19:12] 5.4% and their intermediate return, 4.95.
[19:18] All those were one period, ending, one year periods, ending in December 31st, 2025.
[19:25] The bulk of the assets are held in CDs at several numerous banks.
[19:29] That represents about 40.29% of the surplus funds.
[19:37] Okay, now the other fund stuff, the health care, the health care funds, we manage the performance of the only go over the performance of that actually first.
[19:50] The performance of it was 13.60% in the year ending, December 31st.
[20:00] We do a diversified, very conservative portfolio that's about split between equities, domestic, international, fixed income, real estate and liquid capital, which is like cash.
[20:15] So just determine that just sort of be a 60-40 general portfolio and we rely on
[20:21] Mariner consultant to help guide us, but ultimately we're making the decisions.
[20:27] One, the one part of the most exciting part is our assumption for for for actual aerial
[20:34] target is five percent each year. That's kind of what we're anticipating that we're going to
[20:39] head after hit every year or on on over a longer period of time. And as I said last year,
[20:44] performance was 13.60%. And now, which is very unique for all communities, is that we are
[20:53] funded to 112% to 12.5% let's call it of what we anticipate future needs to be. So not only
[21:06] are we surpassing our annual target of 5%, but overall we are well funded and maintaining the
[21:14] goal of hitting the needs of the employees and regards to the medical health insurance.
[21:22] So those are all the exciting ones.
[21:24] So I just wanted to make sure that you knew that we are on target doing well and all
[21:29] is very good.
[21:32] Any questions?
[21:34] Yes, Lou?
[21:35] Yes.
[21:35] Tony Bridget.
[21:36] Great performance, Chris.
[21:38] And just, if you could just give me an outline of your liquidity provisions, obviously we had
[21:44] big storm or something like that, how quickly could some of that might be converted into
[21:49] money to recover from the storm?
[21:52] Well, yeah, so the bulk of the proceeds are in very short-term, highly, everything is
[21:59] highly liquid.
[22:01] We're not locked into any unusual distress, private equity, we are not in the highlights
[22:09] of today and invested in any of the private credit that does on the headlines right now.
[22:15] These are all highly liquid securities, so we could raise capital instantaneously.
[22:21] The only thing that you're not going to be able to be able to be that you want to blow
[22:24] out of is the more volatile securities like the equities and whatnot.
[22:30] Just because of the volatility and you never want to sell things when they're down. So volatility is what you get compensated for on the upside. So having 60% of just the health care funds in equity makes sense long term. 40% is in very conservative. So if you need to tap in from a health care perspective, that's immediately accessible. So it's like sort of your safe money. So you think of it as basically two buckets of assets. 60% is in what we call risk, which means stuff that's for the future that's going to grow.
[23:00] and the target is the overall portfolio to beat inflation.
[23:04] And then the 40% is in the risk control assets.
[23:07] That's the things that you can consume.
[23:09] So if the market would go in a tail spin,
[23:11] let's say, for an extended period of time,
[23:13] we'd have the flexibility to tap into those funds
[23:15] without having to sell things at the wrong time.
[23:19] I mean, you and our pension group have done incredible jobs.
[23:24] I won't say timing the market by investing in the market.
[23:27] We're very fortunate.
[23:28] Well, we have a great group, you know, we're, I refer to them as my Mary Band of Members.
[23:34] So we have spirited discussions and maybe some off humor jokes every once in a while, but love communicating.
[23:41] We don't get a lot of people here, so those who want to, you know, come and visit, we'd appreciate the, you know, the echo in the chamber.
[23:49] Yes, absolutely. So anyway, so all's good and that side. So I think we're on track that should be something that you all can not worry about after I leave
[23:58] this podium and can sleep well at night knowing that that that component of the finances
[24:03] is well secured and primed to surpass us to meet any of the obligations that we would
[24:09] have expected and unexpected.
[24:12] Thank you.
[24:14] Thank you, Lou.
[24:15] A bridge.
[24:16] No, I just wanted to say thank you and congratulations on your really good outcomes.
[24:21] Regarding your 112 percent, I like to plan for the unexpected, so I have no problem with that.
[24:26] In fact I think that's a preferred balance in that one account because we all know things happen and they happen when they're unexpected, so I think it's actually brilliant, but thank you very much, and thank you for being partisan.
[24:39] It's great to participate in the community.
[24:43] I think I get a lot out of it.
[24:45] I get so much more out of it than I ever can put into it.
[24:47] So I always feel like I'm always behind in meeting the things that I really would like to add to the community.
[24:53] So anyway, I tried my best.
[24:56] We all work well together and I love you guys.
[24:59] OK, I won't go away yet, sir.
[25:02] Or we've got two more things to serve.
[25:04] We'll wrap up.
[25:05] OK, Julie, you have a question.
[25:07] I mean, I just did what Bridget said.
[25:10] And also, to thank your whole group for your service.
[25:13] Because I know even though you say, you know,
[25:17] that you get back from it more than you put in for us,
[25:20] You're putting in what we need and what we really appreciate so I thank you and I thank you
[25:26] You're to your team. Thank you, and I want to say the same because you know, we we've just been so fortunate both with you and the people who manage our pensions
[25:37] You're all residents and you know these are unpaid positions and we we have
[25:41] Fabulous advice and we get fabulous results from that advice which so far. I will say generally our finances are
[25:48] are a plus plus plus and that there are a lot of communities out there that aren't even close
[25:54] to what we're doing. And certainly, if you look at the obligations that are unfunded
[25:59] around the country and the craziness that that might have and a lot of jurisdictions and
[26:04] communities going forward, we're sitting in a good spot. Very good spot. No, actually.
[26:10] Probably one of the best spots. Yeah, no, I appreciate it. Now, so my question from Joanne,
[26:15] Do we need to make a motion to, you know, excuse, accept this report and then, and then I'd
[26:23] like to, to excuse the absence and make the change to add to, yeah, so both of these
[26:29] separate or can be the case.
[26:30] So let's first accept the report from Mr.
[26:32] Make a motion to accept the report.
[26:35] Second.
[26:36] Mr. Ruska?
[26:37] Yes.
[26:37] Mr. Crampton.
[26:38] Mr. Cooney.
[26:39] Yes.
[26:40] Ms. Moran?
[26:40] Yes.
[26:41] Ms. Lindsey.
[26:42] Yes.
[26:42] And then I'll make a motion to excuse the absences and allow Christorcuson to continue.
[26:49] Okay.
[26:50] Ms. Erskas.
[26:51] Yes.
[26:51] Mr. Cooney.
[26:52] Ms. Moran.
[26:54] Yes.
[26:57] And then I'd like to make a motion to add family emergencies to the criteria that is excused.
[27:04] Make a motion to add family emergencies to the criteria for an excuse.
[27:14] Yes, Mr. Crampton, Mr. Cunney, Ms. Marianne. Yes, Ms. Lindsey. Yes.
[27:20] But it has to come in ordinance form as Joanna.
[27:22] All right, we can get that.
[27:26] Thank you.
[27:27] Okay, thank you very much.
[27:29] From one to two, Sherry, to another.
[27:31] Thank you so much for what you do, by the way.
[27:34] Thank you.
[27:34] Keep in the barbarians out of the gates.
[27:36] Thank you.
[27:37] Okay, all right, so we're going to start to move
[27:40] to our landmarks preservation commission in properties and to, that's next on the agenda.
[27:48] So we've got, let's see, staff is here.
[27:52] I guess I'll call for X-parte on the first one.
[27:58] Because we've just, we've just,
[28:00] Point number five.
[28:01] Yeah, number five.
[28:02] That's three, 45 CBCS.
[28:03] I attended the landmarks preservation commission area.
[28:05] Okay.
[28:07] None.
[28:08] None.
[28:08] Oh, I drove by yesterday.
[28:10] None.
[28:12] Oh, I apologize.
[28:13] I need to amend.
[28:14] We received an email last evening, which I did read outlining the property owner's
[28:19] opposition.
[28:20] Right.
[28:22] Okay.
[28:23] I think of that.
[28:24] Well, I also read that letter.
[28:28] But I had seen it before.
[28:31] Ted, had I seen it maybe a few months ago?
[28:33] Did it come in?
[28:34] Yes, there were two letters.
[28:35] at the beginning of the season, and then,
[28:38] OK, recently on the show with Mr. Speer, I see him in the audience.
[28:43] But so I didn't get it yesterday,
[28:44] but I'll trust that I got it month to go.
[28:47] Yeah.
[28:47] And thanks for the reminders.
[28:48] So well noted.
[28:49] Yep, same with me.
[28:51] OK.
[28:52] Anybody else for ex-parti?
[28:53] Not yet.
[28:54] Not yet, Ramsey.
[28:56] OK.
[28:57] Mr. Crampton, did you have any expertise for this?
[28:59] I'm sorry, sir.
[29:00] Ex-parti.
[29:01] Four, four.
[29:02] Four.
[29:02] Four.
[29:04] There was a letter that came in last night, I don't know if you were able to read it.
[29:15] So go ahead.
[29:17] Good morning.
[29:18] Good morning.
[29:19] Janet Murphy for the record.
[29:21] The 345 Seabreeze Avenue was constructed in 1935 by Builder William Bound.
[29:26] And it's a very good example of the Monterey style architecture as interpreted by distinguished
[29:30] Palm Beach architect Bruce Kichel.
[29:32] The charming residents is located on the north side of Sieber's Avenue, between North County
[29:37] Road and Coken at Row, in the point in Ciana Park Subdivision known today as the Sea Streets.
[29:43] The first known residents of the dwelling were hailed in Alice Mazz, from Chicago who
[29:47] on the property by 1937.
[29:50] After the Mazz's house changed ownership a few times before the current owner Ramsey Spear
[29:54] purchased it in 1988.
[29:57] Shortly after purchasing the dwelling, Ramsey Spear'd renovated.
[30:00] The House, and has been an extant steward of this historic dwelling for the past 38 years, maintaining its historic architectural character.
[30:08] 345, seabirds avenue meets criteria 1, 3, and 4 of the landmark preservation ordinance.
[30:13] For criterion 1, the House reflects a broad cultural economic and social history of the town of Palm Beach.
[30:19] The dwelling was constructed in 1935 during the late Depression New Deal era in the mid to late 1930s.
[30:26] The House's size in classic monetary revival style reflects a post-boom-time era in Palm
[30:30] Beach with many owners seeking mid-sized residences in fashionable architectural designs
[30:35] with modern amenities.
[30:37] The country was recovering from the great depression and the residents, business owners,
[30:41] and town officials for enthused about new development in Palm Beach.
[30:45] Poinsiana Park would develop by city builders' real-day company with the aim to build
[30:49] a community, not just a housing development, and stipulated the House's be of high quality,
[30:54] in varying designs, which is true of 345 C. Bruce Avenue.
[30:59] For Criterion III, the house is a very good example of the Monterey style of architecture
[31:04] with French Creole influence in his character defining ornate metal balcony, rail, and eye-catching
[31:09] sunburst fanlight.
[31:12] The stucco-covered dwelling has the essential second floor, cantilevered balcony, with principle
[31:17] roof overhang, and picturesque railing.
[31:19] In addition, it has low pitch chipperers with exposed raptors, multi-light windows, indoors
[31:24] flanked by liver chutters, paired columns, and an appealing porch front with wavy-brot
[31:29] arches.
[31:30] Many of these features embody disting glossy characteristics of the Monterey-style, and make
[31:35] it a valuable addition to dwellings of varying architectural styles in the Poinsana Park Subdivision.
[31:41] For a criterion for, the House's very good representation of the design work of architect
[31:46] Bruce Kichel as an interpretation of the Monterey style.
[31:51] Kichel came to Palm Beach in 1919, and was one of the first architects in Palm Beach to
[31:56] hold a professional's architect license, receiving it in 1920.
[32:00] Kichel's architecture, typified by a strong sense of proportion and an excellent eye for detailed
[32:05] ornamentation, both exemplified in 345 seabirds Avenue.
[32:10] Kichel was also a founding member of the Society of Palm Beach Architects, an actively involved
[32:15] in the American Institute of Architects.
[32:17] Meeting these three criteria,
[32:20] criterion, we believe that 345 seabirds Avenue
[32:23] should become a town of Palm Beach landmark.
[32:30] Sorry, I skipped one thing.
[32:31] I just want to make sure to ask the clerk,
[32:34] where you have proof of publication.
[32:37] Yes, Madam Chair, we do.
[32:39] I'll have to ask you that from now on.
[32:41] OK, thank you.
[32:42] And then I just need to ask staff first
[32:46] if they have any additional.
[32:47] Wait, wait, I'm going to go in order.
[32:51] To staff have any additional recommendations.
[32:54] On this.
[32:55] No, we do not.
[32:56] Then now I can ask a council member to move the designation report be made part of the record.
[33:03] I'll make a motion that the designation report for 345.
[33:06] Seabreeze Avenue be accepted.
[33:09] Second.
[33:10] Mr. Scog?
[33:11] Yes.
[33:11] Mr. Moran?
[33:12] Yes.
[33:13] Mr. Cranpton?
[33:14] Yes.
[33:15] Yes, that was there anyone from the public who would like to testify or provide comments on this
[33:26] I'm marking
[33:26] I think I saw this double double the honest
[33:37] We pulled the mic down a little bit
[33:39] Yeah, just state your name and address into the record for us, please. Thank you. My name is Ramsey Spear
[33:46] 345 sheepies have a new
[33:48] And I'm known to almost all of you.
[33:55] I think what I'd like to do is read the letter that it sent you into the record.
[34:01] It's short.
[34:04] But on January 21, 2021, 2006, I attended the meeting of the landmarks
[34:09] Preservation Commission and went on the record to oppose our home,
[34:13] located at 345 C. Breeze Avenue, being designated as a historic landmark, and I'm here today again to express my opposition.
[34:26] Our home is located in a flood hazard area, designated as only as situated below the prescribed elevation of 7 feet.
[34:37] I think the town is now raised at 8 feet, haven't I?
[34:43] In order to, I said Florida House Bill 423 requires the consent of the property owner,
[34:50] in order to assign landmark status when the structure is below the designated elevation,
[34:57] and a flood hazard zone.
[35:00] The next paragraph, just mentioned the serving company,
[35:05] to have a survey that shows the elevations.
[35:09] This isn't just anecdotal.
[35:11] Please note that our block of sea breeze floods in heavy rain
[35:15] causing water to regularly enter our garage.
[35:20] Our driveway floods, even during passing showers,
[35:24] as it did on Saturday when it ran.
[35:29] Town officials in the council had previously been alert
[35:33] about the ongoing flooding issues that was in regard to the alley, which was recently repaired
[35:40] and the underground.
[35:43] The flooding has been exacerbated by multiple new constructed homes, which do meet code
[35:50] requirements for higher elevation in the area, such as two houses directly across the street
[35:56] and one behind us on the Clark Avenue alley, all of which have been built on lots that are
[36:04] at least five feet above bars.
[36:08] For this reason, and other considerations such as the potential
[36:13] laws of property value, I do not consent. In fact, strongly opposed 345 secretaries have
[36:21] being landmarked and respectfully request that the council deny approval of the designation.
[36:31] Thank you. Thank you. Is there anyone else who'd like to testify from the public?
[36:36] Because I'm going to go to staff first.
[36:40] Yeah, we'll go to us in a little bit. Let's see.
[36:44] So council members can.
[36:44] May I ask that one?
[36:46] Yes, please.
[36:47] And of course, the attorneys here to correct me.
[36:49] but I think Mr. Spear stated that is a requirement of the homeowner
[36:54] to come down to however I believe the legislation is written
[36:57] a little differently.
[36:59] If they oppose, you may still land a mark.
[37:01] However, afford to them the opportunity to proceed with demolition
[37:04] if they wish because they were there.
[37:06] So it's not a requirement.
[37:08] Just on the clarify.
[37:09] Right.
[37:10] Okay.
[37:11] Now, are there any comments or questions from Council?
[37:15] Bridget?
[37:16] I had a question because in my back up
[37:20] the minutes from LPC is attached to the wrong item.
[37:23] What was the vote from LPC?
[37:26] It was a 7-1.
[37:27] 7-1.
[37:29] I'm sorry.
[37:30] And zero, seven, zero, okay. Thank you.
[37:35] Okay. And Luke.
[37:39] I am known as being the person up here who respects the rights of property owners and if they oppose
[37:46] it, I tend to go along with that. And I am going to do that in this case. It is a lovely
[37:53] home, but there are four other properties in that same area that I tend to favor as landmark
[38:00] properties. So I will be voting in favor of the property owner in this case that I won't be
[38:08] approving this one. Okay, Julie. I think unfortunately flooding is not, you know, we've gone
[38:17] through this before with several different homes and I feel like it would be wrong of us,
[38:23] no matter how we feel, you look at this home. It's beautiful in my opinion it's worthy of land
[38:28] And how do we justify putting all those other homes that were at risk for flooding and then making an exception here?
[38:40] Unless we felt the home was not landmark worthy.
[38:44] And I feel that this is so much beautiful.
[38:46] It's landmark worthy.
[38:48] The ordinance that or the state law affords you the ability to go forward with demolition.
[38:56] So even if we landmark, because you've opposed this today,
[39:01] so to me, they have all the options.
[39:04] And I just feel like this should be landmarked.
[39:08] I will make them, but again, you have as a property owner,
[39:12] Lou, he has all the rights.
[39:14] He can knock it down.
[39:15] So I would move when you're ready.
[39:18] You're ready, there's anyone else.
[39:19] When you're ready.
[39:21] OK, no, I will only add to that there's been up here long enough.
[39:27] We've seen this occur, even since the law changed, and generally speaking, it's not a
[39:34] lose for you if you get landmarked because some people come along, you may decide to
[39:40] sell a house someday, and sometimes actually, the fact that it's landmarked, and more
[39:46] often than not, I think you can tell me this, that it's higher value because certain people
[39:52] really appreciate buying a landmark house, and it gives them a lot of flexibility.
[39:58] Let's say they're going to have different tastes than you, and they're going to renovate
[40:01] the house tremendously, and they would actually get a very significant tax deduction.
[40:07] And I could think of a friend of mine who called me and said, I can't believe you guys
[40:10] are landmarking, and she was in a house on Queensland, and I said, well, you know, talk
[40:15] to the people, get a sense of it, and you know, see if you're still in disagreement.
[40:22] And she came back and said, we're lama because she was doing a two and a half million dollar renovation and the, you know, that was a very big savings on her part for non-tapping pay that increase in the tax for 10 years.
[40:36] So it isn't as bad as it sounds because you still have total control. I think that's what Julie was saying.
[40:42] I'll just make that comment, I understand loose position, but you've got two LPC people on here, and you know, every house is beautiful.
[40:55] I love my house, but yeah, that has not been my experience. Oddly enough, you sometimes mentioned Barbara Hofstad.
[41:06] As a realtor, I had the listing on Barbara Hofstott's beautiful home, which I believe
[41:14] is maybe a 20 kind of road, but that house was a Marys Fascio beautiful house on a lovely
[41:26] lake front lot in the state section. And I just recall people saying, you know, I'd really like
[41:36] to make an offer, and when they heard that the house was landmarked, they immediately lost
[41:43] interest to, you know, today I did this letter just to comply with the law, but their
[41:55] reasons why I think landmarking is put restrictions on future honors or whatever that
[42:07] I just find to be a detriment, you know, and a lot of these houses, if they've reached
[42:16] their lifespan, their expiration date, where they're 100 years old and whatnot, that may
[42:26] not sound like much to someone who lives in New England, there's, I mean, but Florida is
[42:31] very harsh climate for houses, and, you know, I've got a couple more, I've got a couple more
[42:38] of, yeah.
[42:40] And we're a rigid and then doing more and exactly the same thing, yeah.
[42:44] No, I just wanted to thank Mr. Spear for coming, because he brings up a good point.
[42:48] Landmarking has a bad rep.
[42:50] We have to work on that, because I believe Landmarks are actually an asset to our community.
[42:58] So we thank the homeowners that take good such good care of them.
[43:02] I also wanted to point out that Brity is here today and we thank her for doing such a great job on landmarks.
[43:09] And I know she's moving the agenda item forward and every day working to, you know, kind of market our landmarks program.
[43:16] But I think we can probably do a better job of it to make it something that's more desired as it should be.
[43:24] Okay. Let's see. We got mayor. Yeah.
[43:27] And then Julie.
[43:28] Ramsey I hear you. I'd also like to point out the Barbara Hofstot's house just sold for what?
[43:33] Six deeps some odd million dollars. So maybe landmark can didn't hurt it.
[43:39] In the long run.
[43:41] There is the other side of that story too.
[43:45] So I just wanted to bring us back because I'm sure Joanne would agree.
[43:51] We don't talk about whether, I mean, when we're making a decision, it doesn't matter if it's worth more worth less, or what landmarking does it doesn't.
[44:02] We each might have an opinion, but because we're giving expert testimony, we don't really know in our community if a landmark home was worth much more than a non-lan landmark.
[44:16] And I'm just Bobby, I'm not, um, I just want to make sure that when we're doing it, we do.
[44:23] We do.
[44:23] We have a study.
[44:24] We have a study.
[44:25] Okay.
[44:26] So then I take that back.
[44:27] I'm sorry.
[44:28] It's just, I think we're supposed to stick to the evidence that's before us.
[44:32] Is that correct to end?
[44:33] Well, this is the, this study is.
[44:35] Do we want to have a comment on that study?
[44:38] Or is that a question?
[44:39] I think you should make a decision on this.
[44:41] like Mark, based on the decision on course that you've been presenting.
[44:44] All right, and I've ready for your comments about the benefits of landmarking.
[44:49] That's appropriate, but when you come and make a decision,
[44:52] it should be based on the report.
[44:54] Are you ready for a motion?
[44:56] Uh, yes.
[44:57] Oh, public conscience.
[44:58] Oh, you see.
[45:00] Go ahead. Okay, so I move that resolution number 16-2026, designating the property at 345 C.
[45:16] Avanu made sign going back and forth on a landmark of the town of Palm Beach on the basis
[45:22] that it meets criteria 1, 3, and 4, of Section 54, dash 1, 6, 1 of the town of Palm
[45:33] Beach, code and landmarks, preservation, ordinance number 2, dash 84.
[45:38] Second.
[45:40] Ms. Harris-God?
[45:41] Yes.
[45:41] Ms. Moran?
[45:43] Yes.
[45:43] Mr. Krampton.
[45:45] Miss Lindsay.
[45:47] That passes 41.
[45:51] Thank you, Ramsey.
[45:53] Thank you.
[45:55] Okay.
[45:57] All right.
[45:57] The next one is
[46:02] 130 coconut.
[46:04] Yes.
[46:05] Can we start with X-partei?
[46:07] X-partei.
[46:09] 9.
[46:10] Acceptate the amendment.
[46:12] There was a letter from Ann Pepper on this one.
[46:14] Is this coconut?
[46:15] One for the coconut.
[46:16] This.
[46:17] We got a letter from Ann Pepper supporting the landmark designation.
[46:25] Yeah.
[46:26] I'm driven by the site.
[46:28] Thank you.
[46:29] None.
[46:30] Oh, we've got the length.
[46:32] And I read the Emperor.
[46:33] Right.
[46:34] Thank you.
[46:35] Thank you, Paul.
[46:35] The Emperor letter?
[46:37] Yes.
[46:37] I'm not a comedian.
[46:38] Yeah, I don't need the Emperor, but I just want to be a comedian.
[46:40] It's in our back.
[46:42] Yeah.
[46:42] It's in our back up.
[46:43] Right.
[46:44] Right.
[46:44] You know?
[46:45] Oh, I just want to comment on that.
[46:47] I'll see you.
[46:48] Okay.
[46:50] All right.
[46:51] So.
[46:51] Go ahead and like.
[46:53] So that we've done the expertise and it's it.
[46:57] Go ahead.
[46:58] Proof of publication?
[46:59] Yes.
[46:59] Madam chair.
[47:02] Then go ahead.
[47:03] Good morning.
[47:04] Emily still.
[47:04] Yes.
[47:05] On the record.
[47:06] The Monterey style residence at 130 coconut row was designed by prominent Palm Beach
[47:10] architect John Volk during the post-depression New Deal era.
[47:14] The property is located on the west side of Coconut Row just south of Bia
[47:19] Sunny.
[47:21] John Volk was commissioned to design 130 coconut in 1937 for George and Grace
[47:26] Randall, who had specific ideas for the House's design.
[47:30] When the residence was built, Coconut Row served mostly local traffic as it ended
[47:35] at the Royal Poinsiana Chapel. However, a long range improvement program, organized by the Garden
[47:41] Club in 1930, included a project to extend coconut row to Royal Poinsiana Way, resulting
[47:47] in coconut row becoming one of the town's main thoroughfares.
[47:52] The property meets criteria 1, 3, and 4 of the landmark preservation ordinance.
[47:59] In regards
[48:00] to criteria 1, 130 coconut row represents the broad cultural, economic, and social history
[48:06] of the town of Palm Beach during the post-depression New Deal era.
[48:10] Designed in built in 1937, the dwelling is a very good example of the change in architectural
[48:15] styles in Palm Beach during this period. The residents exemplifies the trend of moving away from
[48:21] the large Mediterranean revival style of states to more traditional styles of architecture,
[48:26] which at the time was turned the third era of design in Palm Beach. In addition,
[48:31] when the residence was constructed, it was featured in newspaper articles with one Palm
[48:35] post-article, describing the residents as one of the most striking new houses in the resort this season.
[48:42] Other articles highlighted the design of the house's poinciana room, which included materials and furnishings from the recently demolished royal poinciana hotel.
[48:52] In regards to criterion 3, the house is a very good example of the Monore style of architecture.
[48:57] The dwelling features distinguishing characteristics of the style, including the main character defining feature of Monore,
[49:04] houses a can-a-leavered second floor balcony. The balcony of this house features a distinctive
[49:10] delicate metal railing that is a focal point of the home. Additional features of the style
[49:15] include the house's stucco facade, flat tile hip bruce, symmetrically aligned, multi-light,
[49:21] sash windows, flanked by leavered shutters. Vokes use of additional classical details such as
[49:27] coins, keystones, and stucco banding contributes to the architectural character of the residents
[49:33] making it an example where the of study.
[49:37] In regards to criteria four, one 30 coconut row is very good representation of the design
[49:43] work of architect John Volk. Volk has been recognized as one of the most important architects
[49:47] to practice in the town, and he understood and perfected varying architectural styles ranging
[49:53] from the Mediterranean revival all the way up through contemporary designs. Volk was also
[49:59] known for working closely with his clients to the design structures that met their
[50:03] lifestyle and wishes as he did with the randles and the design of 130 coconut
[50:07] row. Based on meeting these criteria, the
[50:11] house we do feel is worthy of landmark designation.
[50:16] Okay, thank you.
[50:16] Does anybody think to add?
[50:19] No, nothing from staff, so then we'll go to.
[50:23] I'm going to approve the designation report for 130 coconut row.
[50:28] Dr. Markham.
[50:30] Ms. Lairson.
[50:31] Ms. Dessignation Report.
[50:33] Ms. Sarah Scott.
[50:34] Yes, Mr. Crampton.
[50:35] Oh, I'm Mr. Cooney.
[50:36] Ms. Moran.
[50:37] Yes.
[50:37] Ms. Lancy. Yes.
[50:39] Okay.
[50:40] So are there anybody from the public that would like to speak in this subject?
[50:45] I don't see the property owner or their legal representatives here, but they were
[50:49] President at LPC and they are understanding of the landmark process.
[50:56] Right, I have the neutral in my notes.
[51:00] Yes, actually, her representative made a lovely presentation that they initially started out with not being in favor, but now they are not opposing it.
[51:08] Okay.
[51:08] Not opposing it.
[51:09] That's great.
[51:11] Okay.
[51:11] Any comments?
[51:12] Let's see from us.
[51:13] We start with Lou.
[51:17] Bridget.
[51:18] So.
[51:20] I have a question for Ms. McNer.
[51:22] Were they informed of the house bill that if they wanted to log a complaint, they would also be eligible for demo?
[51:32] They are aware of that. I'm not sure if this would meet it in terms of the flood plan because it is a little bit higher.
[51:39] But again, the attorney, the owner, we made her aware of all options.
[51:44] Okay. Thank you.
[51:48] And they didn't oppose. They said they became they originally opposed and then became infant.
[51:52] Yes. Okay. And I complete these support. That's it. It's beautiful.
[51:57] No. Right. Go ahead. Then I think we haven't heard anything. So go ahead and make a motion.
[52:05] Only one. Okay. Go ahead.
[52:06] I'll move that resolution number 20-2026.
[52:11] Be adopted. Designating the property at 130 coconut row.
[52:15] As a landmark of the town upon beach. On the basis that it meets criteria.
[52:18] 1, 3, and 4 of Section 54-161 of the Town of Palm Beach Code, and landmarks preservation
[52:25] ordinance number 2-84.
[52:28] Second, Mr. Cunney.
[52:30] Mr. Krampton. Yes. Yes. Miss Moran. Yes. Miss Lindsay. Yes. Yes. Please. Yes. Okay. And then I just wanted to talk about lunch a little bit, because I, we did, I did play earlier with everybody, right now I have it on my calendar is one to one fifty. Perfect. You have a three clock. Is that all right? Everybody. I'm just, it's eleven o'clock. We could, we have no eleven thirty now. We can just roll through as much as we can.
[52:59] Let me remind everybody that the 11, 30-time certain, I think we sent out a note, has been withdrawn.
[53:08] So the Frisbee project will not be heard today. It no longer exists.
[53:13] And so if you don't know if it's coming back or when.
[53:15] Back to the drawing board.
[53:16] So if anybody's here for that and we did send out as soon as they pulled it, we did send out a bullet.
[53:22] But we welcome you to stay anyway.
[53:24] If you'd like to come and be entertained for a few hours.
[53:27] Yeah, so just so we see Mrs. Summers in the back and think maybe she'd like to leave.
[53:37] I love.
[53:39] Yeah, that's great.
[53:44] Okay, yeah let's keep going.
[53:46] Okay, so that's when lunch is for everybody knows.
[53:48] So let's move to the next one, which is
[53:53] 400 C spray, right?
[53:55] Yes, can you start with that spray?
[53:57] It's right. Yeah, it's part day.
[53:58] Turn to the landmarks commission.
[54:00] None.
[54:01] We still live on the street.
[54:03] None.
[54:03] Was that the landmarks meeting?
[54:05] None.
[54:09] Can I get on the street?
[54:11] Okay.
[54:11] So, no, there is.
[54:13] Do we have proof of publication?
[54:16] Okay.
[54:17] Then.
[54:18] I don't see any witnesses.
[54:20] There want to be sworn in.
[54:21] Go ahead.
[54:22] Great.
[54:22] Janet Murphy.
[54:25] The property at 400 C.
[54:26] great avenue, features two structures, a main house facing north on
[54:31] Ceceira Avenue, and in a company house to the south facing east on
[54:35] coconut row, also known as 232 coconut row. The main house was constructed in the
[54:41] clone of a Bible style with craftsman influences, while the company house was
[54:45] constructed in the craftsman style. Both dwelling are two stories and were constructed
[54:50] in 1920 by city builders, realty company, as part of the points Yana Park subdivision.
[54:56] The first owners, following city builders, were Joseph and Elizabeth Mandel, who were living in the house by 1926.
[55:04] Joseph was a pioneer, early developer, and civic leader in West Palm Beach, who in 1923 was elected to the West Palm Beach City Commission,
[55:12] and in 1924 he became the first Jewish mayor of the city, where he served before moving to Palm Beach.
[55:17] The Bendels were also one of six families of foreign congregation Beth Israel.
[55:22] Joseph passed away 1938 and his wife continued to live at the property through
[55:27] Circum-1941.
[55:29] There were a number of later owners until the current owner,
[55:32] John Jordan O'Neill III, purchased a property in 2022,
[55:36] and has been a very good steward of this historic property.
[55:39] For her to see Spray Avenue, meet criteria 1 and 3 of the Lamark Preservation Ornans.
[55:46] For criterion 1, the houses reflect the broad cultural, social, and economic history of the town of Palm Beach.
[55:52] The dwellings are located in the point out of our sub-division that was one of the island's first successful large residential developments.
[55:59] City builders reality company promoted it as a neighborhood with beautiful homes located in the most delightful winter capital of America.
[56:05] While prior to World War I, Palm Beach's reputation had mostly rested on the fashionable hotels,
[56:12] the success of pouring Santa Park helped establish a neighborhood residential dimension
[56:15] to the development of Palm Beach, just south of Flagler's Royal Ponceana and Breaker's hotels.
[56:21] The houses are also important because they are well-known houses located on a much traveled corner
[56:26] in Midtown Palm Beach, in their size scale and unique designs, helped to maintain the historic fabric
[56:31] of the C-Streets in the early architectural development of the town.
[56:36] In addition, the property was recognized in one of Palm Beach's most art and historic
[56:40] by one of Palm Beach's most art and historic preservation advocates, Bobberhoff.
[56:45] In her book, Landmark Architecture of Palm Beach.
[56:49] For Criterion 3, the houses at 400 C-Spray Avenue are interesting, early Palm Beach
[56:55] houses originally known as Palm Beach Cottages.
[56:57] The main house facing cease for Avenue features a number of distinguishing characteristics of the colonial Bible style with craftsmen influence.
[57:05] This two-story house has a symmetrical front facade, multi-light sash windows, including seven pairs, a one-story porch and a side-gable roof with character-depining jerk and hide-gable ends, along with arch-stormers, a gable eyebrow, wide-over hanging eaves,
[57:21] is both draft or tails and a chimney stack extending through the front roof slope.
[57:26] The company, two-story craftsman-style dwelling, has jerking had reached dominating the
[57:30] front design of the house, full-length dormers running along the north and south elevations
[57:34] of the second story, cables with wide, eve, overhang, and projecting raffer tails, and a one-story
[57:40] enclosed porch on the first story.
[57:42] In addition to the distinguishing characteristics of their architectural styles, both houses
[57:47] close resemblance to their original design, make them inherently valuable for the study of
[57:52] 1920 period when they were designed. Meeting these criteria, we believe that the properties
[57:58] at 400 seats for Avenue, Micriteria, meet the landmark preservation ordinance.
[58:05] Okay, thank you, staff, do you have any comments? Then I will ask someone on the desk to
[58:10] move that the designation be report. I'm moving forward.
[58:13] Part of the record. I move that the designated designation will pour 400 cease-fire avenue be made part of the record.
[58:24] Sir, Scott. Yes. Mr. Crampton. Mr. Cooney. Yes. Miss Moran. Yes. Miss Lindsay. Yes.
[58:31] Okay. Is there anyone from the public who would like to speak on this particular designation and recommendation?
[58:41] Seeing none.
[58:42] a question for Jenna. Yeah, we've got somebody here for Ted.
[58:46] Yeah, these were once separately owned, are they now jointly owned and under any of
[58:49] title? Yes, they're currently. Because they got cleavered, so they've been
[58:54] brought back together. During their history, they've been together and separated
[58:59] four times, but currently they're together. Okay, thank you. Okay, let's see,
[59:06] And then we've got rigid.
[59:08] Oh, no, it's still on.
[59:13] Oh, so you don't want to go out.
[59:15] I don't want to go out.
[59:15] I don't want to go out.
[59:15] I don't want to go out.
[59:15] I don't want to go out.
[59:19] I just want to hear Ted's thoughts.
[59:23] Oh, I mean, it's an original city builder's house.
[59:26] It's perfectly contributing resource to the original intent and design and building of the neighborhood.
[59:34] Okay.
[59:35] So how about?
[59:36] Yes.
[59:37] May entertain in motion?
[59:39] There's no public comment. Yes, I'll move that 400 seats.
[59:43] Make a resolution.
[59:44] A motion that resolution number 21-2026.
[59:49] The adopted does mean the property of 400.
[59:52] C spray Avenue is a landmark of the town of Palm Beach on the basis that it meets criteria 1 and 3
[59:57] of Section 54-166.
[1:00:00] One of the town of Palm Beach Code and landmarks preservation ordinance, number 2884.
[1:00:06] Mr. Cooney.
[1:00:07] Yes.
[1:00:07] Mr. Moran.
[1:00:08] Yes.
[1:00:09] Mr. Crampton.
[1:00:10] Ms. Lindsey.
[1:00:11] Yes.
[1:00:11] I'm pleased to thank the homeowner.
[1:00:13] Yes.
[1:00:14] Thank you.
[1:00:15] They're not here.
[1:00:17] But they didn't oppose.
[1:00:19] They just didn't comment.
[1:00:21] Okay. You know, this seems to be C-Spray.
[1:00:24] サxistreights, and the next one is ...
[1:00:27] The 30 October 20th.
[1:00:28] Third polling, Blady, Ce spray Avenue.
[1:00:31] X.
[1:00:31] Part Day, this is a cease spray.
[1:00:34] Se Street Day.
[1:00:36] Yes, sea street day.
[1:00:37] 230, Z.
[1:00:38] Since spray soap, X.
[1:00:38] In time of the landmarks, Commissioner Harry.
[1:00:41] No.
[1:00:44] I read the letter from the homeowner.
[1:00:47] Mrs. Fi'—opposing the designation.
[1:00:51] Oh, yeah.
[1:00:51] So let me correct Ito.
[1:00:52] I received the letter from Mrs.
[1:00:53] Finish.
[1:00:53] as well. Right. I'm not sure if he came to everybody or
[1:00:57] March. Did you send it to everyone or just me? Everyone.
[1:01:03] Okay.
[1:01:03] All right.
[1:01:04] Okay. I read now.
[1:01:06] This is fixed on her as well.
[1:01:08] I'll tell you, landmarks and I read the letter.
[1:01:13] Okay.
[1:01:13] I'm sorry, Miss Lindsay.
[1:01:14] What was your expertise for?
[1:01:15] I couldn't.
[1:01:16] No. Okay.
[1:01:17] Thank you.
[1:01:17] I missed the letter. I don't know how, but I did.
[1:01:20] Okay.
[1:01:21] Okay.
[1:01:21] All right, so let me verify that we approve the publication.
[1:01:28] Yes, ma'am.
[1:01:28] Thank you.
[1:01:30] And we'll go ahead and hear you report.
[1:01:33] Okay.
[1:01:33] Janet again.
[1:01:34] Thank you.
[1:01:35] The House of 233 Avenue is an interesting Georgia Revival
[1:01:38] South Dwelling located on the south side of C-Spray Avenue
[1:01:40] between South County Road and Coconut Row.
[1:01:43] The House is situated perpendicular to C-Spray Avenue
[1:01:46] facing east toward the ocean.
[1:01:47] The House of Built in 1920 by City Builders' Realty Company as part of the Poinsiano Park's
[1:01:52] subdivision development.
[1:01:54] The first owner-filing City Builders was Atwater Kent, who purchased the property in
[1:01:58] circa 1935.
[1:02:00] Kent was an American inventor and prominent radio-manored factor.
[1:02:04] He and his wife started coming to Palm Beach in 1918 after World War I, and in the 1930s,
[1:02:09] he became very interested in local Palm Beach Real Estate and bought a number of properties
[1:02:13] as he recognized the value in owning Palm Beach Real Estate at the time.
[1:02:17] Later, owners of the property included David Neiman, who taught English and Latin at Palm Beach
[1:02:21] private school, not Palm Beach Day Academy, and also served as Headmaster for 10 years.
[1:02:27] And later, David and Poo City's Salisbury, who owned a retail shop on Worth Avenue,
[1:02:31] plus a hotel shop in the breakers.
[1:02:34] In 1986, the Salisbury sold the property to the current owners, Ronald and Marcia Fick,
[1:02:39] who had been exceptional stewards of the property for 40 years.
[1:02:43] 2.30 C spray avenue meets criteria 1 and 3 of landmark preservation ordinance for a
[1:02:48] correct hearing one.
[1:02:51] The House is in the point Santa Park subdivision and reflects the broad cultural social
[1:02:55] and economic history of the town of Palm Beach. While prior to 1919 Palm Beach's reputation
[1:03:00] had mostly rested on the pastime hotels, the success of the Point Santa Park helped establish
[1:03:05] another residential dimension to the development of Palm Beach. City builders
[1:03:09] real estate company, publicized points in a park in their promotional brochure, as a home
[1:03:13] site park with broad avenues, prevailing in beautiful homes where many of the country's best
[1:03:18] known people spend their time with contentments.
[1:03:22] The house is one of 13 cottages featured in their widely distributed marketing brochure.
[1:03:27] The size, scale, design, and design of the dwelling continues to maintain the historic fabric
[1:03:31] of the sea streets and the early architectural development of the town.
[1:03:34] In addition, at WaterCent, the first owner was a prominent American inventor whose company
[1:03:40] was the largest maker of radios in the United States in 1920s and in Palm Beach,
[1:03:45] he was an early real estate investor who purchased 230 seats for a avenue and another
[1:03:50] and other properties including the prestigious finita hotel as successful real estate ventures.
[1:03:56] If he could only see it today.
[1:03:59] For a criterion three, the house is a very good example of the Georgian Bible South architecture
[1:04:04] featuring a number of distinguishing characteristics of the style.
[1:04:08] The Duoling's balance and symmetrical form and
[1:04:10] fenestration is an important element of the Georgian revival style.
[1:04:14] The multi-licesch windows, particularly the three-part windows in the first story,
[1:04:19] the side-gable roof with brackets on the leaves and gable and returns,
[1:04:23] and the distinct central entry frame by palesters,
[1:04:26] are additional Georgian revival features of the house.
[1:04:29] The prominent chimney that splits the family in the gable
[1:04:31] and the sighting of the dwelling perpendicular to C-Spray Avenue
[1:04:34] at interested the property's architecture.
[1:04:37] In addition, to dwellings early construction and close-redubled resemblance to the photo
[1:04:42] in the city builder's real-day company's brochure,
[1:04:45] confirms that despite some alteration, the main design and character of the original dwelling
[1:04:49] in-der after more than a hundred years and is inherently valuable for the study of the period.
[1:04:55] Beating these criteria, we believe that 2.30 C-Spray Avenue should become a town of Palm Beach Landmark.
[1:05:00] Okay.
[1:05:04] Nate, any comments from staff?
[1:05:09] Let's move, let's move first that the designation report be being part of the record?
[1:05:13] I move the designation report for two, thirty, six, six,
[1:05:17] spray up a new being made part of the record.
[1:05:20] Welcome.
[1:05:22] Is there a scone?
[1:05:22] Yes.
[1:05:23] Mr. Crampton?
[1:05:24] Mr. Cooney?
[1:05:25] Yes.
[1:05:25] Ms. Moran?
[1:05:26] Yes.
[1:05:26] Yes.
[1:05:27] Yeah, yes. Now I would like to ask if there's anyone from the public that would like to comment.
[1:05:34] Marsha?
[1:05:49] Good morning for the benefit of Mrs. Lindsay. I'll read my letter. I'm sorry you didn't get it.
[1:05:56] That's all right.
[1:05:57] Will you ask us if you have an elevation issue to write?
[1:06:01] Yes, we don't.
[1:06:02] You have a females.
[1:06:03] Yes. Marsha Fick.
[1:06:05] 230 C spray Avenue.
[1:06:07] The FIC family is steadfastly opposed to having our home at 230 C spray Avenue Landmarked.
[1:06:15] We have been good neighbors and residents for over 40 years.
[1:06:19] We are well aware of the Landmarking Progress process and are fully educated on all aspects of the Landmarking program.
[1:06:27] The prospect of having our home Landmarking, Landmarked, feels like a taking and some sort of punishment or penalty.
[1:06:35] I'm not an architect and it also feels like a penalty that I should need to hire an architect to attempt to maintain our rights as property owners.
[1:06:45] Other than the fact that the house is old and it is charming, it is basically an unremarkable rectangular white shingle house.
[1:06:54] The most notable feature of which is that it faces sideways to the street.
[1:06:59] The house is also non-conforming on a single lot, making it highly unlikely that anyone
[1:07:06] would ever demolish it, which makes it also unnecessary to land market.
[1:07:11] As you well know, homes on larger lots are much more at risk for demolition.
[1:07:17] So that being said, my family finds itself in the odd position of needing to retain our right
[1:07:23] to demolish our home.
[1:07:25] We do not consent to have our home at 230C spray Avenue in Palm.
[1:07:50] I'd like to hear from Ted.
[1:07:54] No, I'd.
[1:07:58] And regarding the landmarking program and that its purpose is not to prevent demolition.
[1:08:06] That's another bad thing that landmarking.
[1:08:11] That's not the purpose of it.
[1:08:12] The purpose is to preserve our history.
[1:08:15] And I think that this house does that for reasons one and three.
[1:08:19] And I also, I love that it is situated sideways and that speaks to our history.
[1:08:24] And that's the purpose of our landmarking program.
[1:08:28] So I just wanted to clarify that.
[1:08:32] OK, let's see.
[1:08:34] I don't see anyone else on the jacket.
[1:08:38] Is there anyone else from the public?
[1:08:40] I don't see that.
[1:08:43] So I would be appropriate to make a motion.
[1:08:47] I'm not making motions, but I'll do it.
[1:08:48] Sure.
[1:08:49] I move that resolution, number 22-2026 be adopted,
[1:08:57] designating the property at 230 C spray Avenue as a landmark
[1:09:03] of the town of Palm Beach on the basis
[1:09:05] that it meets criteria, number one and three of section 54-161
[1:09:11] of the town of Palm Beach code.
[1:09:13] And the landmarks preservation ordinance number 2-84.
[1:09:20] Second.
[1:09:22] Ms. Moran?
[1:09:22] Yes.
[1:09:23] Ms. Sarah Scott?
[1:09:23] Yes.
[1:09:24] Mr. Crampton?
[1:09:27] Ms. Lindsey.
[1:09:32] Okay.
[1:09:33] We can actually take a break.
[1:09:35] We haven't had a break in a long time.
[1:09:36] Is that all right?
[1:09:37] If we take a fine break.
[1:09:37] We actually have one more landmark.
[1:09:39] One more landmark.
[1:09:40] All right.
[1:09:40] We'll do that.
[1:09:41] And then take a minute break.
[1:09:44] What do we need?
[1:09:44] Okay.
[1:09:46] R 140C view.
[1:09:48] Yep.
[1:09:48] This is the last one.
[1:09:50] One is for CX Part A.
[1:09:52] Anybody have any X Part A for 140C view?
[1:09:55] None.
[1:09:56] I actually drove by last night because I was thinking it was a different house that used to belong to Mr. Smith's family.
[1:10:04] But it was the one next door.
[1:10:05] And a letter was submitted.
[1:10:07] I hope you all received a letter from Mr. Bloomfield, who is the owner who was in opposition.
[1:10:13] I missed that. I'm sorry.
[1:10:15] Yes, I received that letter and attended the landmarks presentation.
[1:10:19] I'm sorry.
[1:10:19] I didn't get the letter, but I did it in the landmarks meeting.
[1:10:22] I did not send it, I didn't get the letter either.
[1:10:26] Okay.
[1:10:26] First, I did not see it.
[1:10:27] Let's put it that way.
[1:10:29] Okay.
[1:10:30] So, let's see.
[1:10:33] All right.
[1:10:34] Is it proof of publication?
[1:10:36] Yes, ma'am.
[1:10:37] Okay.
[1:10:38] Then let's go ahead and go to staff.
[1:10:43] The elegant two story residents at 140 CV Avenue was designed in the George and Revival
[1:10:49] style in 1939 by important Palm Beach architect, Leicester Geysler.
[1:10:54] It's located on the ocean block of CV Avenue between South County Road and South Ocean
[1:10:59] Boulevard. 140 CV Avenue was constructed in the East Plaza subdivision, which was
[1:11:10] for Dr. Nancy Radar, an osteopathic physician originally from Virginia.
[1:11:16] She, along with her husband, Dr. George Radar, moved to Florida in 1924,
[1:11:20] and opened a medical office in downtown West Palm.
[1:11:25] George Radar passed away in 1928, and in 1936,
[1:11:30] Nancy Radar purchased the property at 14C view from the Palm Beach Company.
[1:11:35] And she commissioned architect Lester Geysler to design the residence,
[1:11:38] which was constructed in 1939.
[1:11:42] Since its construction, the residents has stayed in the family and is currently owned by
[1:11:46] Dr. Raiders Grant Children, who have been wonderful stewards of the property. The House
[1:11:50] retains its architectural integrity to an almost untouched example of Lester Geysler's
[1:11:55] work.
[1:11:58] The residents at 144 C-view meets Crateria 134 of the Landmark Preservation
[1:12:03] Ordnance. In regards to Crateria 131, designed and built in 1939, the dwelling is a very good
[1:12:10] example of the late 1930s in Palm Beach.
[1:12:13] At this time, the town was experienced a change in architecture.
[1:12:17] In the Georgian revival, style residents have won 40-CV Avenue, exemplifies the trend of moving
[1:12:23] away from the Mediterranean inspirations to classical and traditional styles.
[1:12:28] Built for Dr. Nancy Radar, a well-regarded osteopathic physician and remaining in the family
[1:12:33] since its construction, the residents has retained its historical and architectural integrity
[1:12:38] to an extent that is not common.
[1:12:42] In regard to criteria 3, the residents is a very good example of the Georgian revival style
[1:12:48] as interpreted by Leicester Geysler.
[1:12:50] It features a number of distinguishing characteristics of the style, including the dwellings
[1:12:54] balanced and symmetrical form and fenestration, the multilite casement windows, intersecting
[1:12:59] hip roofs with corners and fascia, and classical architectural details, such as coins,
[1:13:05] keystones and belt course. Our additional Georgian revival south features of the residents.
[1:13:11] The archtop windows and shutters, metal grills on the entrance bay and the archdoor
[1:13:16] windows of the garage, our additional character defining features of the residents. In addition,
[1:13:22] the notable amount of integrity, the house has retained since its construction makes it inherently
[1:13:27] valuable for the study of the period.
[1:13:31] In regards to criterion 4, Lester Geysler was an important
[1:13:34] architect to practice in Palm Beach whose contribution has been underrepresented.
[1:13:39] He began work on the island in 1923, first as an apprentice to Addison Meisner and later
[1:13:44] as an associate of Meisner's.
[1:13:47] And after starting his own practice in 1931, Guy Sir Designed many structures throughout South Florida,
[1:13:53] including residences, churches, and his most well-known commission, the highly-apark
[1:13:57] racetrack grandstand in clubhouse.
[1:13:59] The Jordan Revival Style Residence at 140C View Avenue is a very good example of Geistler's
[1:14:05] ability to move away from the Mediterranean Revival Style that he began working in with
[1:14:09] Meisner to more classic architectural styles.
[1:14:14] Based on meeting these criteria, 140C View Avenue does meet the criteria to be worthy
[1:14:21] of landmark designation.
[1:14:22] And I'd also just note there are currently no Palm Beach landmarks that were designed by
[1:14:28] Geysler.
[1:14:30] Okay.
[1:14:31] Okay.
[1:14:31] Thank you.
[1:14:33] Do we have any additional recommendations from staff?
[1:14:36] No additional recommendations, Prudereekment, there are architectural review and history
[1:14:40] preservation manager.
[1:14:41] So I'll be echoing a few things that Emily just presented, but it is just so unique to see
[1:14:45] such an unaltered property that is elevated from the street and yet has such a wonderful
[1:14:51] presence in history, and being in the same family and as she already noted, Mr. Geysler,
[1:14:57] and a unique year of construction in 1939.
[1:15:00] This is one of kind of the unicorn ones I've seen since I've been here meeting all these different elements that really speak to the history of Palm Beach and its heritage.
[1:15:10] Okay, can I have a motion to move that the designation report to be.
[1:15:14] So moved. Second. Second.
[1:15:17] Oh, sorry, go ahead, Julie.
[1:15:18] Mr. Kenney? Yes.
[1:15:19] Ms. Moran? Yes.
[1:15:20] Ms. Sarah Scott? Yes.
[1:15:21] Mr. Krampton? Yes.
[1:15:23] Ms. Lindsay? Yes.
[1:15:24] Is there anyone from the public that would like to speak on this matter?
[1:15:32] I thought you were speaking.
[1:15:33] Thank you.
[1:15:35] Be careful about getting up and moving at that time.
[1:15:38] For the week, I would suspect that this does not have the elevation issues that the others do.
[1:15:45] I mean, it's ocean block where you tend to have the beach-dune plus it's elevated from the street.
[1:15:49] Correct. Even though we don't have a formal survey on file, I believe that's correct.
[1:15:54] I'll make a motion if you're ready.
[1:15:57] No, because I've got some other comments here.
[1:15:59] Oh, sorry.
[1:15:59] Sorry.
[1:16:01] So, I think I have done.
[1:16:03] Did you go off?
[1:16:04] Oh, I didn't mean to go off.
[1:16:06] So, you're next.
[1:16:06] I mean, I did.
[1:16:07] And I was going to make the same comment.
[1:16:09] So, for a break, everything on the south side of C-view and the ocean block is on that
[1:16:15] ridge.
[1:16:16] Right?
[1:16:17] Because, you know, now we see houses that have to be built like this, but if this is an
[1:16:22] original house, which you're telling me it is since the 20s, then all those houses on that
[1:16:29] are on the ridge. They are, but this one appears even higher, and this is a 1939. Okay. Okay. All right.
[1:16:37] Julie and then Bridget. Oh, no, I was just going to make a motion. Okay, Bridget. Go ahead, Julie.
[1:16:44] I move. Of course, I was saying. I moved that resolution number 23-2026.
[1:16:54] Be adopted, doesn't need the property at 140-Cview Avenue as a landmark of the town of
[1:17:03] Palm Beach and the basis that it meets criteria 1, 3, and 4, section 54-161 of the town
[1:17:11] of Palm Beach Code and landmarks preservation ordinance number 2-84.
[1:17:17] Miss Sarah Scott?
[1:17:18] Yes.
[1:17:18] Miss Moran?
[1:17:19] Yes.
[1:17:20] Mr. Crampton?
[1:17:21] Yes.
[1:17:22] closing. Yes. Beautiful. Okay, thank you. Great. Great.
[1:17:26] Projects. Yeah. Yeah. We're going to take a quick break and then when we come back, we'll get update on the four arts.
[1:17:37] Yeah. I'm going to go see mom. Here's Ted. We're all here now.
[1:17:44] Okay. I'm going to call everybody back to order. Please.
[1:17:48] I think we're all here. We've got a little bit of discussion over there.
[1:17:54] It's all right, we can start building.
[1:17:56] Well, they're talking, I'm going to give them a minute to wrap up.
[1:18:02] It's just the three.
[1:18:03] Council President May I swear, if there's others that have
[1:18:06] them, they have to be a good thing to do?
[1:18:09] If you have not been sworn in, is there,
[1:18:11] and you're going to just head to speak today?
[1:18:12] Can you please stand and be sworn in?
[1:18:14] Raise your right hand.
[1:18:17] Mr. Schoerner, do you need to be sworn in?
[1:18:19] OK.
[1:18:20] It seems like everybody has been sworn in then.
[1:18:23] Right.
[1:18:23] I've been sworn in.
[1:18:25] OK, we're good to go then.
[1:18:27] OK.
[1:18:28] OK, everybody's back.
[1:18:30] So we're going to go ahead and we're
[1:18:31] going to ask for an update.
[1:18:33] This is on the four arts.
[1:18:35] Signed it for it.
[1:18:36] It's a big picture of project requested.
[1:18:39] But we ask for this, I think, an update.
[1:18:41] So thank you.
[1:18:42] All right.
[1:18:42] Good morning.
[1:18:44] I'm Keith Spina, Spino-Rark,
[1:18:46] our detective record for the four arts project.
[1:18:49] I'm going to make this really quick.
[1:18:51] And then happy to answer any questions.
[1:18:53] The project team continues to be the same team of that for a long time, buyer, blender,
[1:18:58] bells work on with us.
[1:18:59] We have gardener Theobold, which is our project manager, we have John Donahue in the audience
[1:19:05] with us.
[1:19:05] We have Suffolk, construction, which is one of our general contractors, and we have Concoma Lewis,
[1:19:10] both Ben Baffer from Suffolk, and Greg Lewis from Concoma and Lewis are here today if you
[1:19:15] have any questions for them.
[1:19:17] Just to refresh everybody, we're doing kind of three projects.
[1:19:21] we're doing the O'Keefe, the Ravinsky, and we're just about done with a little improvement
[1:19:26] that we did to the Slaat House, which is over on the east side of the property, where I
[1:19:31] think we put windows in a couple of days ago, and we'll be wrapped in that up pretty quickly.
[1:19:35] So the bulk of what we're going to talk about today is everything on the west property, which
[1:19:40] is renovation, a restoration of O'Keefe and Ravinsky.
[1:19:46] Just so we restate it, the project has been approved at Town Council in landmarks.
[1:19:53] We are getting ready to, very quickly, submit for both a demolition permit and a master
[1:19:59] building permit.
[1:20:00] There will be two permits for one free building.
[1:20:04] We've been working on that and then we're hoping to be able to start construction the first
[1:20:10] day we're allowed to, which is May 1st.
[1:20:14] The schedule is, as I start, demolition may of 2026 and we expect to be ready for the complete
[1:20:23] of the construction of November of 27 ready for the 27-28 season.
[1:20:28] So, pretty aggressive, but we were prepared for that.
[1:20:33] This is a site logistics plan that Suffic and Cocklenloose have created.
[1:20:38] There's a couple things.
[1:20:39] The first thing is we presented recently and got approved was a screening plan for the entire
[1:20:44] piece of property.
[1:20:46] I'll show you in a second, but the project is going to get screened completely.
[1:20:50] The good news is we have a pretty big piece of property.
[1:20:53] We have a lot of space for construction, staging.
[1:20:57] We have plenty of room for a limited amount of construction traffic.
[1:21:02] I don't know if most of the projects make projects like this in the Jouton Palm Beach, like
[1:21:07] that the electrician will have a bunch of people show up at their office, probably at West Palm Beach or somewhere on the other side of the bridge.
[1:21:14] They'll get in a van or some sort of vehicle that they'll ride and then they'll ride to the site and they'll have one of two choices they can either park their van
[1:21:22] and because there's ample space on site to do that or they can drop their employees off and then they take the van back and pick them up at the end of the day.
[1:21:30] And that's the way Suffolk and Cockle and Lewis have planned this with all the subcontractors and full endorsement.
[1:21:36] So there won't be individual cars all day every day driving over in the amount that represents the amount of people that will be here.
[1:21:44] Large project, large site, large amount.
[1:21:48] There is a portion of the property at the kind of north side, which is one of the medium-sized parking lots of Forearchs that will remain available for the Forearchs to parking
[1:21:59] So they still have the fits sticks in and the other side of the property that they'll be able to use your round.
[1:22:06] Then this is the screen site diagram that we had presented, but let me just jump ahead.
[1:22:12] And if you recall, so we have a six foot tall chain length fence with a green fabric on it.
[1:22:20] Above that we have a 20-foot-ish tall screen wall that was approved by you that wraps the whole entire west side of the property.
[1:22:29] What do you mean you have face three of them?
[1:22:30] Come over to the bridge. You'll see this big screen wall. And then it runs down roll palm way. And then when you hit the revinsky, I don't know if you guys remember, we have a pretty creative screening. It's 40 foot tall. And it's a image of the building as it will look when we're completed, which, coincidentally, is very similar to how it looks today. So that's the screen. It's been approved. We'll start installing that as soon as the GC and the town agree that it's ready.
[1:23:01] This is a diagram that we presented in the landmarks and town council meetings.
[1:23:05] It was something that we use graphically to try to help people understand, you know,
[1:23:11] all right, I see your demolition plan, but what does it mean?
[1:23:14] And so the top image shows in red, this is the O'Keefe building, the portions of the building
[1:23:21] that will be removed, the bottom image shows the same building after everything is gone.
[1:23:27] So you can see we're taking a substantial amount of roof off in the case of
[1:23:31] OK for taking the west end of the building off and we're expanding it to the west a little bit.
[1:23:38] So this is stuff all been presented previously.
[1:23:41] Nothing's changed in and just wanted to kind of share that with you.
[1:23:45] This is an image, you know, can't tell the difference.
[1:23:48] One's a little harder to see the existing photo looking coming over the bridge.
[1:23:52] had he needs to look into the northeast, looking at the campus.
[1:23:56] And it's on the left is what it looks like today on the right,
[1:24:00] or the big image is what it's going to look like more done.
[1:24:02] If you say what's at difference, you can't tell.
[1:24:05] They're going to be very similar.
[1:24:08] Then Revenski, same kind of understanding.
[1:24:11] The red is the portions of Revenski that we're
[1:24:14] removing previously approved.
[1:24:16] And then the bottom image is what the building will look like
[1:24:20] when the demolition is complete.
[1:24:22] One thing that's pretty unique about this site
[1:24:24] is this relatively flat.
[1:24:26] There is in a way to really see the buildings
[1:24:28] as much as some of the other buildings in town.
[1:24:31] And it also, the screen is a unique and new approach
[1:24:36] to screening big projects like this in the town of Palm Beach.
[1:24:39] So although there'll be a lot of demolition,
[1:24:43] we don't think that it's going to draw as much attention
[1:24:46] as other buildings in town.
[1:24:50] Another couple of photos, this is what existing looks like today,
[1:24:56] looking to the east and then what the proposed is, you know, very, very similar.
[1:25:03] We are currently working with the town staff on the CMA agreement,
[1:25:06] construction management agreement.
[1:25:09] There's a couple of things that I thought were interesting about it.
[1:25:12] It's not done.
[1:25:13] We don't see any issues.
[1:25:15] We have town staff and the construction teams have been working on it.
[1:25:19] are going back and forth, a couple of things though. Construction hours, we're going to follow
[1:25:23] the towns construction hours. That's the end of it.
[1:25:26] Another thing that I thought was interesting, and we could talk about it, in the CMA, is if
[1:25:32] something goes different than what we thought, and someone from the public needs to contact
[1:25:38] somebody, there's three different people. There's a general superintendent from Suffolk
[1:25:42] that lives on the side every single day. There's a cell phone. There's a Z-mail. There's one
[1:25:48] the Vice President's executives at Suffolk, their Sir Self-Ode, and then we have the
[1:25:53] under's rep, John Donahue, who there says Self-Fone and his email.
[1:25:58] So that's part of the CMA agreement, but there have been projects that we've been involved
[1:26:04] in other municipalities where he did things like websites and things, you know, this looks
[1:26:08] like a really good approach to something, you know, so much parked in front of my house
[1:26:13] on C-view, what do I do, probably called John and tell him to get over there and move the
[1:26:18] car.
[1:26:19] But I'll leave that to you at the CMA process.
[1:26:24] This is just a couple of renderings wanted to remind everybody, this is what the building
[1:26:27] Revency is going to look like when it's done, pretty much what it looks like today with
[1:26:32] these exception of a little addition to the north.
[1:26:36] This is the other side of the Revency.
[1:26:40] This is O'Keefe. This is one of the sacred elevations that essentially doesn't change, and this is the north side of O'Keefe.
[1:26:51] And that's it. So we're here and talking to answer any questions.
[1:26:55] Okay, let's see, Lou.
[1:26:57] Yeah, with respect to the CMA, construction management agreement.
[1:27:02] Does that contain the requirement to shuttle workers from West Palm over to the job site?
[1:27:13] So your workers will be shuddled.
[1:27:15] It says if need be.
[1:27:18] My name is Greg Lewis, Conquying Lewis construction.
[1:27:20] And yes.
[1:27:22] Second question, can we expect from you weekly reports on progress and what you have planned on the agenda for the next week?
[1:27:36] That would be going to rain, not to us down here.
[1:27:38] Sure, of course.
[1:27:40] Be happy to.
[1:27:41] And the full number of the foremen on the job so that Wayne can get in touch with them when
[1:27:46] that's required.
[1:27:48] And then the big issue is, you know, what can we expect Keith and when before season starts
[1:27:54] in 2027?
[1:27:56] I mean, this looks like a traffic bomb to me, is that how are we going to handle, you know,
[1:28:03] making that left turn as you come across the bridge and people are coming the other way
[1:28:06] They're heading west, and all that construction traffic is flowing on and off.
[1:28:10] How is that process going to be managed?
[1:28:14] So, you know, the construction management agreement talks about it.
[1:28:17] I'll be in the construction management agreement.
[1:28:18] Yes, I'm not sure if we have a vehicle circulation.
[1:28:21] I mean, I think it's pretty straightforward.
[1:28:23] We're coming over the middle bridge.
[1:28:25] We're taking a left.
[1:28:26] We're going to have time sure have some sort of, I'm assuming here, Wayne.
[1:28:30] We're going to have some sort of police control to help traffic get across, you know, the Westbound lane.
[1:28:36] Would you be hiring a detail?
[1:28:38] I'm not sure if that's in the CMA or not.
[1:28:41] Wayne, is it appropriate to ask you that?
[1:28:43] I think you may have to.
[1:28:45] Sure.
[1:28:46] If we need to, I mean, our intent is to have flag men and have traffic control.
[1:28:52] But we certainly are aware of it.
[1:28:54] The good thing is that it's quickly on and quickly off.
[1:28:59] The island, so it's not a lot of traffic through.
[1:29:03] When do you anticipate the major amount of traffic heading over and on will that be during season or after season just in terms of your estimate of the activity going on off that site?
[1:29:15] Sure, so the construction is kind of 18 months. So we're going to hit every month. The good news is we're starting in May 1st. So we'll hit the off season twice.
[1:29:25] And we, as Greg said, you know, the great news this site is inches inside across the other side of the bridge.
[1:29:32] It is also very, very unique in the amount of land area that we have on the construction site.
[1:29:38] We have, as I showed in the logistics plan, we have an enormous amount of staging areas.
[1:29:46] We have, we're going to maintain access to the pump station.
[1:29:49] We're going to have tons of very, for cars to park, drop off.
[1:29:53] We can bring big semis in, we can unload, steal, and concrete without having to disrupt the public.
[1:30:00] So I think that's one of the unique sites that has so much land area, quick access, get a flagman out there in the morning and get them out of there at the end of the day.
[1:30:11] I mean, what we all will be watching is that corner right there, and the fact that there already is a lot of traffic going by east and west there, and you're going to cross it.
[1:30:24] So I suggest that you may want to think about hiring a police detail, although very much
[1:30:30] are the police will be there anyway.
[1:30:33] But that is something that I have heard a lot of angst agitas about.
[1:30:39] So please devote some extra time to figuring this thing out.
[1:30:43] I'll go watch it.
[1:30:44] Otherwise, it's a bomb.
[1:30:45] On the site, like just six evening, it shows the vlogger at that intersection.
[1:30:49] The thing that was interesting is we've talked a lot about this before today.
[1:30:53] And Suffolk and Concalulus have got complete buy-in from every single subcontractor.
[1:31:00] You know, you get one vehicle that are coming, they're dropping people off, and they're going back across the bridge.
[1:31:06] And so that's a little unique in that we, you know, other projects we've seen, we surprise them.
[1:31:11] Hey, you can't bring six cars over.
[1:31:13] They're like, well, what do you mean? What am I supposed to say?
[1:31:15] We've gone to great detail anticipating the impact of the project.
[1:31:19] Okay, a lot of work on that.
[1:31:20] And again, the shuddling is, the shuddling is much appreciated.
[1:31:24] Yes, there are services that we utilize and have utilized on projects we're just finishing
[1:31:31] up.
[1:31:32] Also, we've looked at bringing a cranes in and leaving them so that we're not moving cranes
[1:31:39] in and out for daily basis, so that, again, to try to minimize any traffic to the town.
[1:31:48] And one more question is four arts planning to have a very active season next year and then
[1:31:56] in terms of its programming, so the programming is going on at the same time as construction.
[1:32:01] So there will be programming, and it's obviously limited to the Dixon and the gardens.
[1:32:06] So it's obviously a, you know, one thing they do at the program and it for arts is a lot of it is, you know,
[1:32:11] video, uh, transmitted, and so I think, you know, clearly, we don't have the whole entire
[1:32:18] theater. So we can get back to you on probably more specifics about that.
[1:32:24] Okay. I mean just managing that plus the traffic. It's a major undertaking and it's right
[1:32:30] in the heart of our traffic knot.
[1:32:34] Yep. If you will. Thank you.
[1:32:36] And the four on is committed to be a good neighbor as they always have been and they are making
[1:32:41] sure that we represent them well and our cognizant of making sure that their reputation is maintained.
[1:32:51] Much appreciated.
[1:32:52] Thank you.
[1:32:52] Okay, Bridget.
[1:32:54] You have some really good things going for you.
[1:32:56] I think that your screening is going to be remarkable and that it's a new idea.
[1:33:01] And I love I'm speaking to somebody very nice woman.
[1:33:05] And she says you bought three of them, so I'll expect it to look really good throughout the whole project.
[1:33:10] project. In reference to your cell phone number, somebody on our street does this. It's not my project,
[1:33:18] but it is a good idea. Post one phone number outside of your project for residents to call.
[1:33:23] I've done it on Dunbar. I get the GC there. I'm like, you know, you've got to take care of this. It's usually
[1:33:28] addressed in a half hour. And it might reduce the phone calls to Wayne. And sometimes things are just simple.
[1:33:34] You know, and I think if you can make somebody happy, relatively quickly, that's a good thing to do.
[1:33:39] Can you tell me when will you you'll be closing the north side walk on the bridge and the bike path you'll be rerouting it when can we expect to see that?
[1:33:48] So
[1:33:50] We so we're gonna put the screening up and when the screening goes up if you're on the bike trail
[1:33:55] You start heading south. You're gonna run into a chain length fence. Do you think that's going to be may one?
[1:34:00] It's gonna be really close really close to being one
[1:34:02] Yeah, the other is is the scaffolding that goes on roll palm way over the sidewalk
[1:34:07] that's going to be up as well.
[1:34:09] So those are two things that, you know,
[1:34:12] they're coming and they're coming quick.
[1:34:14] And then when they're done, we've talked about it.
[1:34:18] Look, we'd love to.
[1:34:19] We won't take the screen walls down
[1:34:21] until the very end of the project from safety
[1:34:24] and just a bunch of good reasons.
[1:34:26] But we, you know, and so I'm guessing it's November of 27
[1:34:32] when the lake trail will go right back through
[1:34:34] where it does and comes out on roll palm
[1:34:36] where it does today. And I also wanted to encourage you to try and finish by November 1
[1:34:42] because we all agreed that our season now starts November 1. So if you could do that,
[1:34:47] that would be great. And you might consider, you know, so construction is just basically a
[1:34:54] series of subs coming in. Just have more of them and take advantage of all of the extra hours
[1:34:59] that we're giving you. So instead of you might be one of those projects that instead of cutting the
[1:35:04] our day somewhere in between there, you might just consider going full throttle so to get
[1:35:10] trying to get it done. I'd like to not see it, you know, extensions on this project
[1:35:16] if it all possible. I agree with you exactly. I don't know if there's, you know, should we
[1:35:23] be proactive and start talking about extended hours? We're not. No, I don't mean extended hours,
[1:35:28] but I think that over the last year we've extended the hours. So you can go a little later
[1:35:33] You can have the construction hours so you're going to have more hours in the day so take advantage of that
[1:35:40] Yes, we will be working every minute
[1:35:42] Earlier every minute that there's allowed to be hundreds of people working on this shop site. We're going to be doing that. Okay
[1:35:51] And good luck and I hope it goes well
[1:35:53] It will be Julie
[1:35:55] Just a couple of things. I did think that we should
[1:35:59] perhaps will first of all
[1:36:02] The neighborhood that I live in, which is small, you know, it's just called a sack.
[1:36:07] And the few neighbors on the street next door, they knocked on our doors, called us, gave us the numbers,
[1:36:15] and I really recommend that especially in that because there aren't that many that you get to them
[1:36:21] and make sure they have a phone number to call, and it was such a pleasant experience
[1:36:26] because if I ever had an issue, I could actually give me the owner's name, I could call him
[1:36:31] direct and he took care of everything of the building company. I would ask the council
[1:36:38] and, whereas you know, I normally wouldn't ask this, but if we talk to the neighbors that are,
[1:36:45] as I remember, there are only like four or five neighbors there, you know, on CVU, is that one
[1:36:51] And there's some parking lot in that.
[1:36:53] You see, for the other ones I'm talking about right next to it.
[1:36:57] You know, it may be that if we talk to them,
[1:37:01] that they wouldn't be affected by earlier,
[1:37:04] or even just give them an earlier arrival
[1:37:08] because that is with Trump, with them now closing that road,
[1:37:14] it's taking an hour to get on island and an hour to get off.
[1:37:18] So, I'm just wondering if we should look at this isn't today, but look at maybe allowing them to come a little earlier and start a little earlier because of that area so that they're out.
[1:37:30] For the way, but I don't know. I mean, I just want to see how those neighbors feel, but it seems to me that in this particular instance, let them come even earlier.
[1:37:40] And Julie, I actually have that, you may not want to, but I do think, because it's so contained in some respects, and you've got, you know where the residents are that are affected.
[1:37:50] And you could actually have a power with them.
[1:37:54] And I don't think there's not that many of them that it might not make sense.
[1:37:57] I think it would make sense for you to do that because we don't want to come and ask us
[1:38:02] for extra hours and then have them all scream at us because we did it.
[1:38:05] We brought them to the right.
[1:38:06] We brought them to them first.
[1:38:08] And I think they would get in the loop.
[1:38:10] So we've had problems.
[1:38:12] I sat through probably five or six C-view neighbor meetings.
[1:38:16] We had, I think we went one street north and we know them all.
[1:38:19] I think 80% of them are members of the four arts and
[1:38:22] or huge supporters of the project.
[1:38:23] But we'd love to do exactly what you're describing.
[1:38:25] So maybe we'll stop the neighborhood meeting.
[1:38:28] We'll get somebody to agree and sign a little thing
[1:38:31] that they're showing support of earlier,
[1:38:34] get on the island, get out of the way,
[1:38:36] and get off the way.
[1:38:37] Well, it's also, well, if the neighbors are good,
[1:38:43] if the neighbors are good with you,
[1:38:45] we're getting work earlier, or even working on Saturday,
[1:38:47] You know, I don't think that we would be opposed to that because we've been, you know, we've been experimenting with this over in the north end in places for incremental improvements in daily traffic and particularly exiting and entering and we are seeing in incremental improvements.
[1:39:05] Right, I think we all sell the announcement right.
[1:39:07] It's Southern's closed indefinitely.
[1:39:10] Right now it is just right, whoever brought it up.
[1:39:12] whether he's in touch.
[1:39:13] I was in touch.
[1:39:15] So we don't know how to talk about that.
[1:39:18] Yeah.
[1:39:18] And then the third thing.
[1:39:20] So I think that might work.
[1:39:22] But as long as you don't think you can work until the traffic hours.
[1:39:26] So if we let you on early in start work, we need to set an earlier hours for them to get
[1:39:32] off before the traffic.
[1:39:35] I mean, I wouldn't.
[1:39:38] Well, I think you monitored carefully like we did in other areas.
[1:39:42] I mean, maybe they work works.
[1:39:43] You know, let it go, if it doesn't work,
[1:39:45] during you change it.
[1:39:46] That big rush hour, whoa, right now.
[1:39:49] And then my other question, last thing,
[1:39:53] is, get neighbors to the full house and instruction.
[1:39:58] I'll have to think about this kind of come back to me.
[1:40:01] Yes, I know what I'm writing here.
[1:40:03] OK, Donnie.
[1:40:05] The one comment I'd make you, since I think now,
[1:40:10] the worst rush hour traffic on the island is actually between three and four, or three
[1:40:17] thirty and four thirty, it's no longer 45. I mean, I think we move the last
[1:40:22] capers into the earlier zone,
[1:40:26] and I mean, it's clear at four thirty. You know,
[1:40:36] a horrible
[1:40:36] traffic, she leaves our house at four ten. So I don't know that it's four thirty anymore
[1:40:41] with that road closed?
[1:40:42] Well, I'm just saying, I mean, when I did it the other day, it took me 45 minutes to get
[1:40:47] from more amorphalorous to Pendleton, however, when I did it the following day, the following
[1:40:55] work day, business day, at 330, it was completely clear at 430 going that same way.
[1:41:03] So it, you know, a lot of it depends on the day I understand that, but I just think we have to
[1:41:07] I think about that. And I'm not picking on you, Keith, or your project, the way I think it'll all be worked out in the CMI.
[1:41:17] Yeah, I don't know if the subcontractors would agree. We'd love to come early and leave late.
[1:41:22] That's what the goal would be, but I don't know if we can talk people there.
[1:41:27] Are they going to answer that question over time?
[1:41:29] I can tell you, from a construction standpoint, we just assume work is many hours as we can,
[1:41:33] because we all know that towards the end of the project, things happen.
[1:41:38] And we'd rather be as far along as possible.
[1:41:40] So again, everybody has the same goal just to finish on time.
[1:41:45] Yeah.
[1:41:45] Well, I still, you know, I think you're going to do this,
[1:41:47] but I suggest you take our senior staff with you
[1:41:50] and you go meet with the residents that are the most affected in there
[1:41:53] because they come back with a plan for us.
[1:41:56] And the residents are supportive.
[1:41:59] We'll try it.
[1:42:00] I think we'll be the right.
[1:42:01] We'll see if it works.
[1:42:02] Yeah, I agree.
[1:42:04] Yeah.
[1:42:04] Wouldn't be happy to work with with with.
[1:42:06] But make sure you take senior staff with you too.
[1:42:09] Because make sure your owner's rep is a friendly person.
[1:42:13] Because we don't want to surprise.
[1:42:15] They need to know exactly what you're planning to do to.
[1:42:18] And we know this because we've experimented with it.
[1:42:21] We can do it.
[1:42:22] We've been doing that the whole entire time.
[1:42:24] It had great results in it.
[1:42:26] It's a great idea.
[1:42:27] Okay, you'll welcome back to you.
[1:42:30] Bridges first and then Julie.
[1:42:31] No, I just, I would, I'm actually surprised Julie suggested it.
[1:42:35] I think it's an excellent suggestion for that area.
[1:42:38] But I would, I would say yes, start earlier, stay later,
[1:42:42] get it done as fast as you can, as just let them name it.
[1:42:45] The release amount of impact to the need of it.
[1:42:47] I think that's the goal.
[1:42:49] Yeah.
[1:42:50] So I think that's a wonderful idea.
[1:42:52] And I, I would support it.
[1:42:53] I hope you can work something out with Wayne and his department
[1:42:56] in your CMA.
[1:42:58] For my gang grade progress.
[1:43:01] Okay.
[1:43:03] Anybody from the public?
[1:43:04] I don't know.
[1:43:04] I remembered what I was saying.
[1:43:06] I remember.
[1:43:07] I couldn't remember.
[1:43:08] Okay.
[1:43:09] I remember.
[1:43:11] So the only thing I would like is coordination with your flag man with a police department
[1:43:17] because we have to make sure that you're not stopping it too much when we're trying to get flow off
[1:43:24] and flow on.
[1:43:25] So I think it's you may need to have the police department there.
[1:43:29] I think it should be the police department when you should have somebody there from the police department, because we don't want you constantly interrupting the flow, even if you guys says he won't, you know he's going to do it.
[1:43:46] Sure.
[1:43:47] Thank you.
[1:43:48] Thank you.
[1:44:02] Thank you.
[1:44:04] Thank you.
[1:44:05] Thank you.
[1:44:05] I think we're fine.
[1:44:06] And nobody from public wanted to speak about this, so.
[1:44:10] You're out.
[1:44:11] Thank you very much.
[1:44:13] All right.
[1:44:14] Okay, so the next one I have is all the way over.
[1:44:19] We've got time-certains deferred, royal palm.
[1:44:25] One for number 12.
[1:44:26] Number 12.
[1:44:27] 151 worth avenue.
[1:44:29] What did you want for the anniversary?
[1:44:32] And that's on page 121 on your back up.
[1:44:37] Who are we going to for our staff or to Jamie?
[1:44:44] Good morning, are you okay if I speak Bobby?
[1:44:47] Yeah.
[1:44:47] Good morning, Jamie Crowley for the record.
[1:44:49] I'm going to go staff next.
[1:44:51] So there's really no rush to get this done other than the fact that we had the prior declaration of use.
[1:44:58] And I tried the last time.
[1:45:00] So before you to say that that prior declaration of use needs to go away so we can start our permitting.
[1:45:06] But just to be absolutely clear that we're working on this, I brought this to you today.
[1:45:11] I did submit a draft to staff and James, I don't want to speak for you, but I think James thought we don't need to be addressing the restaurant in this version of it because that's going to come back to you.
[1:45:21] So to simplify things, I just tried to take the very general terms of what you all approved
[1:45:27] at the last meeting as it pertains to the overall project, which is the gross lease
[1:45:31] of the area of the retail, the gross lease of the area of a future restaurant, the
[1:45:34] variance is you approved, and the special exceptions you approved.
[1:45:39] I did add in here that the green space on Peruvian would always remain green space.
[1:45:45] So we don't want to do future parking there.
[1:45:47] We'd like to keep that for the benefit of the neighbors.
[1:45:52] With respect to trash, of course, we have the onsite loading bay that will handle the
[1:45:56] trash.
[1:45:56] There's no need to take it outside off the property.
[1:45:59] The deliveries will happen before the retail is open because you granted a variance for
[1:46:05] us to use that portion of the driveway, which has sort of makeshift loading bay, which
[1:46:11] does not meet the criteria of the code, but will work very well for loading and unloading.
[1:46:15] And we also have the loading spaces on the street.
[1:46:18] So I can either go through these.
[1:46:20] I think it's very easy or probably better just to answer
[1:46:24] questions if you have any.
[1:46:25] And then, of course, we're coming back whenever there's a restaurant
[1:46:27] tenant.
[1:46:28] And I'm happy to say we did get all the approvals at our comm.
[1:46:32] So we want to get cranking as soon as we can,
[1:46:35] when the worth of any construction hours open up.
[1:46:37] And then I did see the emails about notice.
[1:46:39] And I'll just, so a couple of neighbors, I guess,
[1:46:44] in or property owners that said they did not receive notice of the application.
[1:46:47] So I went back and I checked with our staff and what happens is you take the, you go to the,
[1:46:52] you take the property appraisers data for who lives within a certain radius.
[1:46:56] And that's what we did on this property.
[1:46:58] The people were within that radius and the mail notices sent to the address that the property
[1:47:02] appraisers has on file for those people, some of which are not in town.
[1:47:06] So some of them might own a piece of property here, but have a mailing address on Papa.
[1:47:10] That's in Washington, D.C. or someone like that.
[1:47:12] So I did hear from one neighbor that said that she did not receive notice and I reached out
[1:47:18] to her and I said I'm happy to speak with you at any time and I did not hear back from
[1:47:22] that particular person but we did follow the procedures and I can't explain why they did
[1:47:27] not receive it.
[1:47:28] I can just tell you that we nailed it and we followed your procedures to do that.
[1:47:31] That doesn't pertain to this particular application but I just want to get that on the record
[1:47:35] that we did and I'm always happy to reach out to anyone who has questions about any of my
[1:47:41] So, I'm happy to answer any questions that you may have.
[1:47:44] When we've got the bread, we're lit up here.
[1:47:46] Bridget, Julie, Ted.
[1:47:48] Okay.
[1:47:50] So, Jamie, thank you.
[1:47:51] I love it for the most part.
[1:47:53] It's largely really fine.
[1:47:54] So, thanks for doing such a good job.
[1:47:55] I wanted to just say three things.
[1:47:57] I think we do need to reserve room here for the restaurant when that comes.
[1:48:03] And take a look at who they are and what they're about and do that.
[1:48:07] On item nine, you just, you, extra will not be taken after the dumpster, I think that just needs to be fixed.
[1:48:14] All trash shall be stored inside property.
[1:48:17] You're going to take it out at some point, you know.
[1:48:19] Store inside the property.
[1:48:20] Well, they have the-
[1:48:21] So just the closet that you put in the paramount, we'll take it out as soon before collection is possible.
[1:48:27] The dumpsters within the building.
[1:48:28] Oh, then great.
[1:48:29] Then that's why that's why that's why.
[1:48:31] And the other one is under article.
[1:48:35] So six, the first paragraph last sentence, why are you taking that out?
[1:48:41] The current council may upon finding a violation, also the agreement, or we send the approval
[1:48:46] of use.
[1:48:47] I liked that in there, I'm just wanting to know why you wanted to take that out.
[1:48:51] I don't mind, I don't mind the first part of the second part.
[1:48:54] I think there needs to be some kind of process whereby we can come and speak before you
[1:48:58] guys just decide you're going to rescind the approval of the use.
[1:49:02] I don't know what that process would be.
[1:49:03] I'm happy to work with Joanne on something.
[1:49:05] I'm not saying that you guys should not have the power
[1:49:08] if someone is repeatedly ignoring you
[1:49:10] and not living up to what they said they would do.
[1:49:12] I think that is within your power
[1:49:13] to go through code enforcement and do that.
[1:49:15] I just want to work on that since it looks
[1:49:17] so it would have a little more teeth in it.
[1:49:19] I just, I just, I like to say that.
[1:49:23] As far as the first part, as far as the first part,
[1:49:24] I think that you can adjust that agreement
[1:49:27] that's within your purview.
[1:49:29] We would have to come back before you and talk about it.
[1:49:31] But I just didn't feel comfortable with that language the way it was written with no understanding of what the process would be to try to revoke, and I don't know that there's anything in the code about revocation of a use, if there is, maybe we can just track that language.
[1:49:46] We can work together on that.
[1:49:48] And I also wanted to know, Jamie, because it had come up with the paramount that we have been
[1:49:52] including language in our declarations of use that site to floor to statute 162.09,
[1:49:59] which allows the code enforcement board to let me find some up to $5,000 if there's irreparable.
[1:50:04] We'll just take from that agreement that this was just an earlier version of that.
[1:50:08] Yep, they should be because we're everyone else is getting there.
[1:50:11] Yeah. And then I just want to, the language I had, is that has to be adjudicated by the code enforcement
[1:50:15] board and so it's clear that that's the process. So again this is more about the process
[1:50:19] of how that gets there but you should certainly have that power if someone is ignoring
[1:50:24] your requirements. So those were my only questions comment so then that I thought it was a really
[1:50:29] good job. And Bridget we do have in here that we've we definitely have to come back when there's a
[1:50:34] restaurant tenant that's going to be a special exception and then they will be added to this agreement
[1:50:38] or I think it makes more sense to have them as a party to this agreement but we could do it
[1:50:46] Either way, it's fine with me just now but I think that we want up them a party to the agreement.
[1:50:50] And I, you know, that's myself. Okay, so Julie, Ted, I think Ted, Ted, I'm going to give it to you first and then I'll go.
[1:50:58] Okay, Ted, that's a lot of time to speak.
[1:51:01] Yeah, thanks for addressing the notice I'd heard from two property owners, both behind the building.
[1:51:08] One was in DC, one had a local mailing address, I looked into it, so I'm not sure how they missed that.
[1:51:13] If you give me the second, I only have the one.
[1:51:17] I know the other address is 156 Peruvian Avenue,
[1:51:21] and it's showing a mailing address at the same location.
[1:51:24] Okay, so I will look into that today.
[1:51:26] And that's an LLC, but it's controlled by Emily Clifford,
[1:51:29] who lives on the substrates.
[1:51:31] I will get to the bottom of that.
[1:51:34] Yeah, I think this is all pretty good.
[1:51:36] The only thing I would like to see some additional language on
[1:51:42] is on the Peruvian parcel.
[1:51:45] It's, I mean, it's smack.
[1:51:46] It's on a single family street between two single family homes.
[1:51:50] I just note that retail landscape has changed
[1:51:54] and events and fashion shows and cocktail parties
[1:51:57] are so much more about how retail uses program
[1:52:00] and promote themselves.
[1:52:02] But I don't know that that green space
[1:52:04] is the appropriate location for those.
[1:52:07] So I'd like to have some use restrictions on that parcel
[1:52:10] of land, that it's a green space, but I'd like to have some language about the years of it.
[1:52:17] I agree with you, 100%. We've had those restrictions all along, because it does front the community,
[1:52:26] you know, on the street, and we don't know what they're playing.
[1:52:30] Any at this point?
[1:52:31] Yes.
[1:52:31] So that should be added.
[1:52:33] Yeah, I'll work with you.
[1:52:34] I'm on that.
[1:52:34] Okay, then.
[1:52:35] Julie?
[1:52:36] Yeah.
[1:52:36] Your hands come first.
[1:52:38] So did we already approve?
[1:52:39] And I'm sorry.
[1:52:41] I'm trying to remember last month all the seating.
[1:52:43] The numbers.
[1:52:44] Yes.
[1:52:45] Okay.
[1:52:46] So.
[1:52:48] Some work can go down if you just can't go up.
[1:52:51] And then I just had a couple.
[1:52:53] So I do not think it should run with the land.
[1:52:56] This says provisions to run with the land.
[1:52:58] If there's a new owner, if there's a new, I, I, this should not run with the line.
[1:53:03] We have that language in there, though, Julie, just if you read three sentences down,
[1:53:07] it's not only does it run with the lands, but we also have a provision that in the event of a
[1:53:11] change in ownership of the restaurant, or the substitution of a new restaurant into the premises,
[1:53:15] a new special exception must be obtained.
[1:53:18] I think I need to, I can change that to the owner of the property. Exactly, need to be owner and
[1:53:23] restaurant. So I think that was an oversight, Julie, think I'm
[1:53:27] bringing that up, we'll make that the owner.
[1:53:29] We wanted to run with the land, but we just, we want a new owner to have to come in, because
[1:53:33] you want the next owner to be bound by what we're bound by.
[1:53:36] Right.
[1:53:37] Right, but also to come in.
[1:53:38] But to come in and ask for special exceptions, we're necessary.
[1:53:42] But I think also, we may find there was an issue.
[1:53:45] So we may want to do a new declaration of use to change, maybe we don't want that many
[1:53:50] seats.
[1:53:50] You certainly would have that right upon that.
[1:53:53] Okay.
[1:53:53] And then in number 16, which we talked about, and I hope I see that change in the paramount,
[1:54:00] I can't remember.
[1:54:02] But it should be there will be no smoking drinking or lowering by employees or customers.
[1:54:08] I know you can't, but you can put no smoking signs up.
[1:54:11] You can because there are a lot of sidewalk areas around this.
[1:54:16] And you could end up with quite a bit of smoking on the terraces and down below.
[1:54:21] I think we don't allow it any more on public areas, right?
[1:54:25] But that includes the beach.
[1:54:28] What I didn't want to get into is us having two police anyone.
[1:54:33] We don't have the police power.
[1:54:34] Well maybe we could put something in here.
[1:54:36] Signs will be...
[1:54:38] No.
[1:54:39] Okay.
[1:54:40] I don't know that you want ugly signs.
[1:54:42] I don't.
[1:54:43] I don't.
[1:54:44] And then Bridget brought up a good point about all trash shall be stored inside.
[1:54:48] when it comes to we're going to all of a sudden have a restaurant so right now
[1:54:53] we're talking about no restaurant. When we're talking about the restaurant I do
[1:54:57] believe we have to look at the neighbors behind because they're the ones that could
[1:55:00] all inside so that they're just picked up.
[1:55:04] Yeah it gets picked up off of worth of having a meal.
[1:55:06] I'm sorry. That door opens they take the trash from within the building.
[1:55:11] That's right.
[1:55:12] The neighbors are aren't we're trying to orient everything away from those
[1:55:16] Okay, perfect, and then I think the only other thing was, I think Bridget brought it up,
[1:55:24] alter this over Sunday approval of this year's so as long as we do that, I think I'm
[1:55:29] okay with everything else.
[1:55:31] Thank you, Jamie.
[1:55:32] You're welcome.
[1:55:33] Okay, Lou.
[1:55:34] Are you okay if Joanne and I iron this out?
[1:55:37] I mean, there's only a couple of issues that you want to do.
[1:55:40] I am.
[1:55:41] Just a couple of questions.
[1:55:43] But we made for you some things to Joanne.
[1:55:45] Yeah, join me up all the time as long as as long as my intent on that vacant parcels clear that I I mean
[1:55:55] It's it's not limited events. It's really that it should be a visual passive green space
[1:55:59] I don't want to see any of us
[1:56:00] I think we should see it one more time
[1:56:04] Sorry we're all time what I have anyway
[1:56:06] I saw the benches and whatnot. It's just I also want to prevent employee once a mother and sit in the sunshine. I think I think that should be allowed
[1:56:13] No, you know, it's more cocktail parties, events, amplified, you know,
[1:56:19] I'm using all these things that happen.
[1:56:21] That's not what they want.
[1:56:23] Yeah, I just wanted to clarify.
[1:56:25] They may have a tenant that sees it and wants to use it,
[1:56:27] and I just forgot they're going to head of that and react to it.
[1:56:30] Yep, I'm with you.
[1:56:32] I think it's now loose, sir.
[1:56:34] Thank you.
[1:56:35] Just quickly.
[1:56:36] I mean, I just want you to affirm this for the record.
[1:56:39] That's all because it's important to me related to parking.
[1:56:41] Yes, sir.
[1:56:41] I mean, obviously, we're in a garage,
[1:56:44] we're in the 183 spaces, yes sir.
[1:56:46] Clearly, only Valley Parking should take place
[1:56:48] within the garage, that's correct, yes sir.
[1:56:51] And the second thing is employees, they will not be
[1:56:56] driving to work unless they are parking
[1:56:59] in the parking garage, otherwise they're being shuddled
[1:57:01] or coming to the agreement with somebody else,
[1:57:03] is that correct?
[1:57:04] Yes sir.
[1:57:05] And just to heads up, Jamie, that when the construction
[1:57:07] management agreement is being negotiated,
[1:57:09] we certainly would want to see the shuddling of construction workers over here when that
[1:57:16] when that document gets put together. And I can tell you the other things that we talked about
[1:57:19] previously with the with the for arts and with the paramount. So just like what Keith was saying
[1:57:27] we have this big garage which we can we can use for staging so we can bring in materials in big
[1:57:33] deliveries so we're not doing 15 deliveries we're doing one and then they can sit in the garage
[1:57:36] I agree with my colleges. It's a very good declaration of use though. Thank you, sir.
[1:57:43] Okay. I just have a couple of comments and quick questions. I mean, you know, we don't
[1:57:48] know who the operator is yet. And I think we all are acutely aware of that. But, and so far,
[1:57:54] I think I'll speak for myself. I was quite impressed with the young men who are behind this and
[1:58:00] with their attitude and willingness to work with us.
[1:58:04] But until you know who that is
[1:58:07] and what their agenda is, what kind of restaurant this is,
[1:58:11] we have to reserve our rights to change this,
[1:58:14] because it could be that it's a little more clubby
[1:58:18] or they want a dance floor, that might be,
[1:58:21] I mean, we just want to know, we don't want to surprise.
[1:58:24] We don't want to be surprised.
[1:58:26] And my other question is really one for Joanne,
[1:58:28] which is Joanne, because of the sheer size of this and the number of people, should we have
[1:58:34] some rights over who they sell it to? I mean, to improve, you know, some approval rights
[1:58:42] because, again, we don't want to sell it to somebody, they haven't them sell it to somebody
[1:58:46] that's a nightclub type of thing. No, you can't, you can't, you can't restrict, you can't restrict
[1:58:56] today contract well not who but I mean we could types of things well you already have
[1:59:01] I mean you've already identified the use that that's in there I just didn't
[1:59:05] so that's why it's important to record the agreement and make it wrong with the
[1:59:09] land is because then it shows up in someone's title when we're trying to buy it and
[1:59:12] then they have notice of what the approve uses are so they can't come in and say you
[1:59:16] didn't tell us what we couldn't do so that's something blue wanted on paramount and I
[1:59:20] think it's it makes sense for you okay it's already in there that's good Bobby and
[1:59:24] With respect to your first question, it's completely understood and it's been contemplated
[1:59:30] and discussed with staff that we just took the restaurant out of this, because it's not here yet.
[1:59:35] But when that happens, all of the typical provisions for approval of a restaurant will be negotiated and brought back to you as a condition of the special exception.
[1:59:44] And we'll put that in this agreement, yes sir, which is what I heard that makes sense to have one agreement not to.
[1:59:51] Right.
[1:59:51] But we can revise this to include conditions on restaurant operation when they come through for a special exception.
[2:00:01] All right, Julie? Yes, what you were just talking about, of course I forgot, you were just talking about, let me go to the other one first.
[2:00:11] When you have there will be no smoking drinking or lording by employees, does that include ballet, can we add ballet?
[2:00:19] Sure, okay. And then, um, what was it you just, Bridget, what was it you heard? Oh, that
[2:00:25] question you said. So, um, I don't think I would agree that just let Joe and work it out.
[2:00:32] I'd like to see the final version one more time to approve it because it's got the Proving
[2:00:36] Park issue. We need to look at the language with the town council and make sure that we
[2:00:42] like how, because Bridget, you brought up a great point that they took that out, but I'd like
[2:00:47] see that final writing. If you don't mind, we could defer it with, you know, with the understanding
[2:00:53] that these will be the changes, but I would like to see it.
[2:00:58] As long as this doesn't hold us up from getting any performance we need, I don't know agreement.
[2:01:02] I mean, it's going to be a year and a half before the building is operating.
[2:01:05] No, you didn't get a permit.
[2:01:07] No, I just want to be clear. The last one said, you can only do this big box retail.
[2:01:13] And I think the last meeting, but there's no declaration of use right now.
[2:01:19] That's for Wayne.
[2:01:20] I think you guys said you guys can get permits, but we can.
[2:01:23] I want to speak for you. Wayne, please.
[2:01:25] A suggestion, perhaps.
[2:01:27] You want to see a clean version of this, perhaps we could put it on consent for the next item.
[2:01:33] And you will have a chance to read it and to pull it and discuss it if you think it needs to be discussed.
[2:01:38] we could also which I think would help Jamie approve it with the condition of us seeing almost
[2:01:45] like our come does coming back with just those two points. That would be fine with that
[2:01:50] or would that be better or no. But I don't it's this is not going to hold up getting permits
[2:01:56] for a construction work is it? So then I don't care. Okay. That's just a for it. Okay. I'll make
[2:02:02] did you ask for the public already? No, we have it on. Okay. Sorry. But would anybody in the public
[2:02:07] I'd like to speak to this issue today.
[2:02:12] Seeing none.
[2:02:14] Anybody on?
[2:02:15] Oops.
[2:02:15] Good, Julie.
[2:02:16] I make a motion to defer the Declaration of Youth Agreement
[2:02:19] between the Town of Palm Beach and 151 North Avenue,
[2:02:23] owner LLC and XX Restaurant to April 15th
[2:02:30] and just asking them to come back with what we discussed to be changed.
[2:02:38] Mr. Scott, Mr. Krampton, Mr. Cooney, thank you.
[2:02:42] Ms. Moran, Ms. Lindsey.
[2:02:47] Okay.
[2:02:48] Thank you.
[2:02:49] Thank you.
[2:02:49] Thank you.
[2:02:50] Yeah, I believe you.
[2:02:51] That item is number 21, 315 Shappel Hill Road.
[2:02:58] Yep.
[2:02:59] Oh, I thought that was fine.
[2:03:00] Did we?
[2:03:01] 19, we did.
[2:03:05] I don't know.
[2:03:06] That's gone.
[2:03:06] What's gone?
[2:03:08] What's gone?
[2:03:08] All right, can we begin with a part-tap for this twating line?
[2:03:13] Yes, I attended the Archom hearing and the owner was present at the time and explained
[2:03:21] That's the mechanical needs.
[2:03:24] We're not properly a foreseen in the original design.
[2:03:27] Yep, yep.
[2:03:29] None.
[2:03:31] My mother is the Jason neighbor.
[2:03:35] Not that means anything.
[2:03:37] And the glazers have been very open, transparent about their project, and she likes it.
[2:03:46] So, and she likes the glazers, too.
[2:03:49] Okay.
[2:03:50] I know it's their house, and I agree with you, Donnie.
[2:03:54] They've been very open about it.
[2:03:56] I attended our camp.
[2:03:58] And I listened to our camp online.
[2:04:06] Yes.
[2:04:06] The next item is 0N-25-0096, address 315 Chapel Hill Road.
[2:04:13] This project is before you for the approval of three variances.
[2:04:19] Just to warrant yourself, this is at the western end of the terminus of a cul-de-sac of Chapel Hill Road.
[2:04:24] Lakefront property, zone RA.
[2:04:28] It did receive approval of both for the design, as well as support from the variances.
[2:04:33] at last week's R-Con meeting in the vote with 7-0.
[2:04:42] Just want to familiarize yourself with the site plan.
[2:04:44] You'll see the highlighted area to the north of the screen
[2:04:48] is the area of the previously approved plan.
[2:04:52] Specifically today, the three variances before you
[2:04:54] pertain with the relocation of this
[2:04:57] quote-unquote mechanical yard.
[2:05:01] It was shifted a little easterly
[2:05:04] And in doing so, has three variants request.
[2:05:10] In order, one is for the front yard wall height to exceed the maximum height of six feet to be permitted at nine and a half feet.
[2:05:19] That height is there for part of me.
[2:05:23] That height is there in order to adequately screen set equipment that lies behind it, which is the cooling tower.
[2:05:29] Again, the variance is to allow the cooling tower in the front yard and finally for a side yard setback for a generator.
[2:05:37] Due to the somewhat unique nature of the geometry of the site being on a cold-to-sac,
[2:05:42] the actual required front yard is rather irregular as it wraps around that circular cold-to-sac.
[2:05:53] I'll go in and illustrate each of the variances.
[2:05:56] Again, the maximum wall height permitted in the front yard is six feet, the applicant is proposing nine and half feet in order to adequately screen the unsightly equipment.
[2:06:07] The graphic on the screen shows that extra overage of three and a half feet, and how they've tried to incorporate that into an architectonic design with the materiality and the shape of the wall.
[2:06:23] The second variant is allowing a generator to be closer to the side setback in lieu of its requirement.
[2:06:32] A hundred kilowatt generator needs a 15-foot setback. The applicant is proposing just shy of 9 feet.
[2:06:43] And then finally we're circling back to that front yard and referring to the cooling tower.
[2:06:48] variants for a cooling tower to be in the front yard where they're otherwise not permitted.
[2:06:57] So approval require one motion to be made by town council, supporting or denying the
[2:07:02] variances in accordance with section 134 201 A items 1 through 7.
[2:07:09] I'll go back to the enlarged site plan and would probably be available for questions now,
[2:07:18] or if you'd like a little more specificity on the design and the location, the applicant
[2:07:25] can speak and present their, let's see what we've got.
[2:07:30] Johnnie, Julie, and then Lou. James, can you go back one more picture?
[2:07:36] No, one more.
[2:07:40] That one. Yes. So the, the, the neighbor to the north, where this would be going is actually the back of the row points and a chapel, right? Correct. And, and the rest of my recollection is chapel hill is really high on the east end and as it goes to the west, it sort of slopes, slopes down, slopes down. So a higher wall would actually be better.
[2:08:04] for that neighbor on the chapel, on the row points, he
[2:08:08] had a chapel side, and that next house, and I
[2:08:11] can't remember their names,
[2:08:15] because it's the topography
[2:08:17] is floating down.
[2:08:18] It's working with the topography, yes.
[2:08:21] OK, I sort of wanted to make the point that it has the change,
[2:08:27] the hardship sort of runs with the topography there,
[2:08:31] And because of the irregular shape of the lot,
[2:08:35] it's hard to decide where the front yard real is.
[2:08:38] That's true, that's why I brought that up.
[2:08:40] The front yard actually does wrap around that geometry
[2:08:43] and follows the arc of the cul-de-sac.
[2:08:46] And as you see with this aerial,
[2:08:49] the impacting neighbors are few and far between
[2:08:52] because, again, it is not a thru-street.
[2:08:54] And because the owners occupy the entire terminus of the cul-de-sac.
[2:09:00] Yeah, exactly.
[2:09:03] OK.
[2:09:03] OK.
[2:09:05] Julie and then Luke.
[2:09:06] Oh, yeah.
[2:09:08] Oh, Julie, I'm sorry.
[2:09:08] That's OK.
[2:09:11] So I thought we didn't allow equipment in the front yard.
[2:09:15] That's first of all.
[2:09:16] And second of all, isn't this a brand new build?
[2:09:20] Yeah.
[2:09:20] The applicant is seeking relief to allow the equipment in the front yard.
[2:09:25] So you are correct.
[2:09:27] And is this?
[2:09:28] And yes, it is already built.
[2:09:30] or it's a new build. No, it is a new build. So it's not built.
[2:09:34] It's under construction. It's because I don't understand why they need a variance for
[2:09:40] setbacks if it's a new build. Why do they have to put all the equipment right there,
[2:09:45] which is closest to a neighbor, then on a different part of the property,
[2:09:51] did they have it somewhere else to begin with? I'm very confused as to what's happened here.
[2:09:56] Sure, and I would recommend that you hear from the applicant and let them explain their hardship.
[2:10:06] But I'll leave you with two slides.
[2:10:08] One, if you see that little yellow square at the north right between the lower case D and capital P, that's the prior location.
[2:10:20] Okay. And then you'll see that the new location is further eastward, a Tier Point Councilwoman.
[2:10:34] It is moving closer to a neighboring property. And I'm sure they will explain the logistics of why this equipment is proposed to be relocated.
[2:10:44] So it's moving probably about 15 feet easily from the prior location and into the front yard
[2:10:54] where prior it was out of that arc, but because of the pinching of the sight, most of that setback
[2:11:02] does default to the front yard, Julie, where otherwise equipments are not normally permissible.
[2:11:08] this is a kind of a normal street where you have rectilinear parcels
[2:11:14] and you'd have a cooling tower in the front yard as you're driving down it.
[2:11:18] This is a area that has to have that 30-foot set back, 35-foot separate part of me all around that arc.
[2:11:28] Right, I'm just saying this is the front yard you're really here, but because it's a way
[2:11:32] No, I am, well I'm calling it a front yard because it's on the cul-de-sat, if it weren't there and if it were in another area, but that is the front of the cul-de-sat.
[2:11:48] For zoning purposes, it determines to be the front.
[2:11:51] But that's the only thing that's concerning, so I, yes, from the applicant, but I don't understand when you have a new build, why you have to break the setbacks.
[2:12:03] You're welcome.
[2:12:04] You're looking at this.
[2:12:07] Looking at this.
[2:12:08] That seems to be the best place for it.
[2:12:10] I forgot.
[2:12:11] I was at the Arkham meeting.
[2:12:14] What was there finding with respect to the impact of the
[2:12:18] variances on the architecture?
[2:12:20] Was it 70?
[2:12:21] Yes, sir.
[2:12:21] That's what I thought.
[2:12:23] They looked at it.
[2:12:24] They reviewed it.
[2:12:25] They tried to put it in different places.
[2:12:27] So if Arkham says that with unanimous on that, I would go with it.
[2:12:33] I don't believe also there's been any record of opposition.
[2:12:37] And for either of the mayors that were sent out for the Arkham, or for this variance application.
[2:12:44] Okay.
[2:12:45] Bridget?
[2:12:46] Yeah.
[2:12:46] I think somewhere in the application it said that the reason for the request was when they
[2:12:53] They rated the building, they needed more than they originally had thought, so they need
[2:12:57] bigger equipment, more equipment to run this house.
[2:13:00] And then just as a personal comment, they already had the variants to put it in front, you
[2:13:04] aren't, this is to me, actually a location that's going to be less remarkable because you're
[2:13:09] further away from that front door.
[2:13:12] They already have it there, and it's...
[2:13:14] It was already in the front yard, it was literally just...
[2:13:17] It was in a front door, excuse me, you were right, but I'm just saying it is...
[2:13:22] It was in the front.
[2:13:23] It was in the front yard, but it was in the front yard.
[2:13:26] The front yard.
[2:13:27] Thank you.
[2:13:28] You're welcome.
[2:13:30] Yes, I know.
[2:13:31] Yes, I know, but this is just to me, a less remarkable location to the eye because you're
[2:13:36] passing it by the time you get to the front yard.
[2:13:38] Time at 100 kilowatt generator.
[2:13:43] Which I don't think makes much more noise than a 65.
[2:13:47] This is how I'm sure a natural gas generator.
[2:13:50] You know, I did a good job.
[2:13:52] It's a pedestrian.
[2:13:53] It's not going to be a nice, they're going to be looking at a beautiful hall.
[2:13:57] And the generator will be behind them at that point.
[2:13:59] It's really more of like a vacant lot that's in between two homes.
[2:14:03] But that's just my take on that.
[2:14:05] It's just a lot of equipment.
[2:14:07] Okay. I'm going to pull up the applicant's presentation
[2:14:09] because maybe they can elaborate and expand on things that I didn't present.
[2:14:26] I use our family, which presentation.
[2:14:37] All
[2:14:40] right, let me get, I'll get started talking about the variances.
[2:14:43] Some of the things you're talking about.
[2:14:44] So, Jamie Crowley for the record, if I can just pop up the plan.
[2:14:48] So, we did go to ARCOM, and it was a 7-0 vote on the design and on the variance.
[2:14:56] So, our hardship here is that with this cold attack,
[2:14:58] we basically have...
[2:15:00] We don't have one front yard setback. It's like James said. It goes all the way around the whole property. So, the two properties that are impacted, one are the neighbor to the east who wrote a letter of support for our project. And to the north is the church who we've spoken to, they did not write a letter, but they're in support of the project as well. So, we looked everywhere at this property as to where this would go and not impact the neighbors. It's going to impact neighbors somewhere. We felt that in this location is the least impactful.
[2:15:30] It's off to the side of the road, and yes, it's technically a front set back, but the intent of your code is so no one plops a big piece of equipment right in front of their house.
[2:15:39] That's not the case here, because there's actually two parcels, and it's located off to the side.
[2:15:43] They've screened it very well. They've landscapeed it very well. There's a beautiful wall there.
[2:15:47] So the people who are going to be impacted into the mayor's point, there is a substantial great change here.
[2:15:52] So the higher wall shouldn't affect anyone visibly coming down the street.
[2:15:55] So those are our legal hardships.
[2:15:59] If you would like Cory or Caroline to go through why they did what they did,
[2:16:03] I'm sure they can.
[2:16:04] You've also got the historic tree on the northwest part of this property,
[2:16:09] which we didn't want to impact the big K-pop tree.
[2:16:11] And then we didn't want to put the equipment right by the water
[2:16:14] because sound carries over the water.
[2:16:16] So we thought through all of these issues.
[2:16:18] There's really not a perfect spot to put this,
[2:16:20] but we have been in touch with all of the neighbors.
[2:16:22] And this is a spot where we've gotten no
[2:16:26] In fact, we've gotten support from those who it's closest to, so this is definitely a legal hardship caused by the curvature of the road and caused by the situation up against the water.
[2:16:36] So would you like us to go through the plans or have I addressed the hardship?
[2:16:39] I think they're just...
[2:16:42] I think they're just two things I'd like to see where you had it before and where you have it now.
[2:16:46] Sure.
[2:16:47] I think we need to look through the whole thing.
[2:16:52] And I am worried a little about the chapel because there's a lot of equipment.
[2:16:55] to the day of the car.
[2:16:58] So I had the correct map.
[2:16:59] The row we am designed.
[2:17:00] So yeah the chapel did not care.
[2:17:03] So this is where the equipment was pre-released.
[2:17:05] It was pre-released.
[2:17:07] And this is where we're proposing it today.
[2:17:09] The chapel did not care and at the same time,
[2:17:11] the chapel has their generator about right here.
[2:17:13] Okay, right there.
[2:17:14] So we're kind of grouping our equipment together.
[2:17:17] And then this is the neighbor who wrote the letter of support.
[2:17:19] The front of the chapel.
[2:17:20] So this is going to be against the very back.
[2:17:22] Is that what this equipment is?
[2:17:26] It'll be the equipment's bug right here.
[2:17:28] That's the chapel.
[2:17:30] Okay, so the front of the chapel is over here.
[2:17:34] Okay.
[2:17:35] All right.
[2:17:35] Thank you.
[2:17:36] That's all I need to see.
[2:17:37] I just wanted to kind of get myself a million.
[2:17:40] Well, if we're all finished, I'm going to call for the public comment.
[2:17:44] Any public comment?
[2:17:47] Seeing none.
[2:17:50] I'll entertain a motion.
[2:17:55] Yes.
[2:17:58] I'll move that variance number zero and dash 25 dash zero zero nine six shall be granted and find
[2:18:05] in support thereof that all the criteria applicable to this application as set forth in section
[2:18:09] one thirty four dash two oh one a items one through seven have been met Mr.
[2:18:15] Yes, Mr. Crampton.
[2:18:17] Mr. Sarah Scott?
[2:18:20] Yes.
[2:18:20] Yes.
[2:18:20] Ms. Moran?
[2:18:21] Yes.
[2:18:22] Ms. Lindsay.
[2:18:23] Yes.
[2:18:23] Pass this five to zero.
[2:18:26] Okay.
[2:18:26] Thank you.
[2:18:27] Thank you for the good explanation.
[2:18:32] Okay.
[2:18:33] So, let's see.
[2:18:34] Did we only have one barrier?
[2:18:37] Yes.
[2:18:38] We could have been.
[2:18:40] Because it was a yard.
[2:18:41] It was a bundle together as one.
[2:18:44] One would be sufficient.
[2:18:46] and if you'd like to break it up, we certainly could.
[2:18:49] They really were part and parcel one in the same.
[2:18:52] Okay.
[2:18:54] We're on number 23, 2016, 2018, North Avenue.
[2:18:58] Can we start with ex-part A?
[2:19:00] Let's do that one.
[2:19:02] This is good.
[2:19:03] Brunella Coachanelli.
[2:19:04] I'm not.
[2:19:05] None.
[2:19:06] None.
[2:19:08] I believe I met with the folks,
[2:19:12] and they talked about their project.
[2:19:15] I was going to do this through Greg Evans,
[2:19:22] and this is also our comm, yep, I was
[2:19:27] at the R-comm meeting as well.
[2:19:32] The next item is 0.003, 2.16 to 2.18, worth avenue.
[2:19:39] The question before you is for a special acceptance site plan review and a parking variance.
[2:19:48] Just to orient yourself, this is located on the south side of Worth Avenue.
[2:19:52] Excuse me, Jamie.
[2:19:55] James, the other.
[2:19:57] I got Tata Nellie and Coochonelli mixed up.
[2:20:00] I did not.
[2:20:01] I did not eat with these people.
[2:20:03] Sorry.
[2:20:04] I did attend the Arcon meeting.
[2:20:08] It's okay.
[2:20:10] It's a zone CWF CWA.
[2:20:13] In the commercial worth avenue zoning district,
[2:20:17] retail uses are permitted to be under 4,000 square feet.
[2:20:21] The scope of work involves this conversion
[2:20:23] of a second floor residents into an expansion
[2:20:28] of the retail operations.
[2:20:31] That expansion does two things.
[2:20:33] One, it puts them over the threshold of the 4,000
[2:20:36] square feet limitation in the CWA.
[2:20:38] and that conversion of a residence to a retail has a higher parking intensity and therefore
[2:20:45] triggers a parking variance.
[2:20:49] To Mr. Cranpton's notation, this application in another format did appear before our
[2:20:56] cum recently. This is scheduled for March 25th for minor window work that does not really
[2:21:04] impact your review whatsoever for the application before you.
[2:21:12] But you may recall that an April 10th, 2024, town council already approved the special
[2:21:19] exception to allow Brunello, Kuchanello, to expand upstairs, resulting in 4,100 square feet
[2:21:27] of retail space.
[2:21:28] The graphic that I show has A and B on the ground floor that was already operating compliance
[2:21:36] with the under allowance for the square footage of the retail space, and that's 2024 approval
[2:21:45] allowed them to expand upstairs to a last storage.
[2:21:54] Now, the applicant is seeking a modification
[2:21:56] that that special exception to allow them to expand further into that highlighted in yellow section.
[2:22:02] So, they will turn the residents upstairs into the additional 1500 square foot of retail space.
[2:22:11] But unlike the 2024 approval, this additional square footage does trigger the need for parking spaces
[2:22:18] because the prior one was already converted to a retail space under a prior occupant.
[2:22:25] subtracting the parking credit allowed for residential use, which is
[2:22:30] 2. The applicant does need a parking variance for five spaces.
[2:22:37] There's certainly our similar approvals on
[2:22:39] worth avenue for special exception greater than 4,000 square foot. Most recently for the van cleap operations.
[2:22:47] That's a 235 worth avenue. For Pratezzi, which is just off worth avenue on hi-biscuits, 400 hi- 400 viscous avenue.
[2:22:58] There's other recent special exceptions granted for retail to expand beyond the 4,000 that
[2:23:06] happened a little bit further in the past, but recently 225 worth Avenue, Gucci as well as Louis Vuitton.
[2:23:14] It's important to note that for all of those special exceptions, no parking variances were required,
[2:23:21] because the prior use was that of retail just a different operator.
[2:23:29] The applicant, and I'm sure they will expand in their letter of intent, maintains that
[2:23:34] this proposed use is by appointment only, and not open to the general public, and therefore
[2:23:40] shouldn't be reviewed or critically reviewed under the parking requirement of retail
[2:23:45] spaces, and because this appointment only it would be maybe a one at a time with a client
[2:23:51] and therefore the two spaces credit should cover their need for parking.
[2:24:01] The approval of the project will require multiple motions to be made by town council, special
[2:24:06] exception, site plan review, as well as the parking variance.
[2:24:12] I'm available for questions
[2:24:13] or we can lead right into the applicant.
[2:24:17] Okay. What do you want to do? Any questions? Yes, Ted. Donny.
[2:24:23] I appreciate them saying it would be kind of like, I assume it's just a fitting space for someone
[2:24:30] who would want to go up there and be fitted for clothing.
[2:24:34] But a variance for the parking would run with the lands.
[2:24:37] So if this tenant went out and other commercial use
[2:24:40] would not need a parking grant stock,
[2:24:42] you'd buy the same square foot or tray.
[2:24:45] So if this project gets approved,
[2:24:48] and a building permit is pulled, the new use
[2:24:50] that would be vested would be for retail use,
[2:24:53] and a future tenant would not need to do the parking.
[2:24:56] I just want to make sure I understand.
[2:24:58] That's what I thought, thanks.
[2:25:00] Okay, the Donnie.
[2:25:03] Yeah.
[2:25:04] There you go.
[2:25:07] Just to Ted's point, I think the perpetuity of what this looks like gives me a little bit of anxiety.
[2:25:17] You know, as we, just me, sorry, that the mom and pop, you know, all of a sudden this is significantly larger than 4,000 square meters.
[2:25:30] And I would actually like it, it might happen in to run with the tenant so that the next person, if they wanted to do it this way, would have to come back and see a future council.
[2:25:43] I don't know, giving me a little bit of anxiety.
[2:25:44] Can we do that?
[2:25:48] But, you know, we should probably...
[2:25:50] I'm hoping very soon.
[2:25:51] You should tenant.
[2:25:54] No.
[2:25:54] Okay. Well, we should let, then I'd like to hear from the applicant to make sure that I'm not being super unopened.
[2:26:04] Open-minded.
[2:26:05] So I'm just amending my expertise.
[2:26:07] I had a conversation with Mr. Oyer about another matter, but he mentioned that he was bringing this, but was unable to personally be here today due to a conflict with his child.
[2:26:18] He didn't, we didn't talk about this up since either way, but I just wanted to.
[2:26:22] And I should say the same thing because I spoke to him as well, and he told me he would not be here today, but he would send somebody else.
[2:26:31] And this must be the somebody else right here.
[2:26:39] Most of our points.
[2:26:41] Put a record, Roger Amding with the Office of Shets and Bowen.
[2:26:44] I'm not an attorney, I'm a land planner.
[2:26:46] Here to present on behalf of Bruno Luchinelli, the request that James discussed and hit on all the made points.
[2:26:52] For the benefit of time, I'm going to breeze over a few of the slides that James already
[2:26:58] covered.
[2:26:59] Again, this is a special reception request for the expansion of the Bruno L'Ocuchinelli
[2:27:04] use above 4,000 square feet, prompting this request.
[2:27:08] We are seeking a variance for a reduction in parking from the 7 to 2, which is a 5 space
[2:27:14] reduction.
[2:27:17] So to elaborate on the floor plan for the second floor use, yes, this will be for
[2:27:22] appointments only, one appointment with no overlap for clients, and this will basically be more
[2:27:30] tailored to the individual one-on-one type meetings, fitting rooms, et cetera, to suit their needs.
[2:27:37] There will be some merchandise up there, but again, it will be for that one particular client,
[2:27:42] that has that one appointment.
[2:27:46] And again, as James pointed out, these, the Brunala Kuchanelli
[2:27:50] has been occupying 2016 and 2018 for quite a while now, and the second floor of the 2016
[2:27:57] unit has been vacant for quite a while, and they are faced with an opportunity to provide
[2:28:03] this service for VIP clients on this second floor. So, let's go back to the floor plan really quickly.
[2:28:10] You can see from the floor plan, we're just proposing some couches and tables or restaurant
[2:28:15] and the VIP fitting room.
[2:28:22] To touch on the variance now, I was
[2:28:25] under the impression that we can get a condition of approval
[2:28:28] or maybe a declaration of use be imposed on the approval
[2:28:33] that would be specific to this tenant.
[2:28:36] If that's the case, then we are willing to accept
[2:28:39] such a condition or declaration of use,
[2:28:41] limiting it to this particular tenant,
[2:28:44] and once that lease expires or is not renewed,
[2:28:47] than we, the use would revert to the old residential use.
[2:28:54] Can we do that?
[2:28:57] No.
[2:28:58] I mean, the variance is a variance from our zoning code requirements.
[2:29:02] And so that's a threshold issue that needs to be satisfied.
[2:29:05] And you can't, it can't be restricted to just the current tenant.
[2:29:10] Okay.
[2:29:11] Cannot.
[2:29:11] Cannot.
[2:29:12] Cannot.
[2:29:16] Okay.
[2:29:19] Again, with the request, we do have the dementia compliance with certain sections of the code.
[2:29:24] Sections 2, 29, 1, 3, 2, 2, 2, 2, 9 for special exception.
[2:29:29] Section 134, 3, 29 for the site plan and review.
[2:29:33] And section 134, 2, 0, 1 for the variance.
[2:29:36] We believe we satisfy all the criteria.
[2:29:39] And with that, happy to answer any questions that you may have.
[2:29:48] I could have proved it ran with a tenant, but not with a land. I have a problem there. It creates a small amount of intensification.
[2:30:00] Action on that street. And it's crowded enough as it is. And I mean, I would like to set, I would like to accept Bruno's
[2:30:10] word that he or she will manage this property and have only one at a time. But I have no assurances
[2:30:17] of that. There's nothing in any decoration of use that actually holds you to that. So I can't
[2:30:22] approve a variance that could run in perpetuity and so that's a problem for me because it creates additional
[2:30:30] attendances. Okay, Julie intent.
[2:30:39] Okay, a couple of things, Jillian, is there, is it possible, although
[2:30:46] or does this end up retail? If it's a sitting room and an alteration person, that kind of thing,
[2:30:55] and no retail upstairs, could it be opened as a separate,
[2:31:01] um, um, what do you call it, alteration place, I think that's best for James.
[2:31:08] Yes, I can answer that.
[2:31:10] Thank you.
[2:31:11] That, um, modification to the, uh, actual building would be a change of occupancy,
[2:31:19] from an apartment, residents to a mercantile,
[2:31:23] And so it doesn't matter if they're selling things or storing things for that matter, it is a retail use.
[2:31:30] Okay, so then what's the other one?
[2:31:33] Where do you put your employees? Do you have something in the Apollo Lot? Where do your employees?
[2:31:40] They park and I believe the 150 worth of in you. They have leaf spaces there.
[2:31:46] And so you have least spaces.
[2:31:48] Yes, make a wish.
[2:31:49] So whatever happened, we would definitely have to have that in there.
[2:31:54] But I really have a problem with the parking.
[2:31:56] Unfortunately, we're having such an issue in that area.
[2:32:01] And once we do it for one, I mean, here we were just
[2:32:04] shown by James, although variances are particular to the place.
[2:32:08] It doesn't matter if they're everywhere.
[2:32:11] But James just gave us this slide show of where we've
[2:32:14] done things in other places.
[2:32:16] So is this going to become on a slideshow?
[2:32:19] So I later in time, well, you allowed them
[2:32:23] to have a variance on parking.
[2:32:26] So I just, I can't do it.
[2:32:30] And I'm sorry, because I would like to see this done.
[2:32:33] If we could actually do a DO UA,
[2:32:37] and be able to limit that,
[2:32:39] I would be OK.
[2:32:40] There's nothing you can think of, Joanne,
[2:32:43] that we could be creative or James, and there's absolutely nothing we can do to allow that
[2:32:50] parking without a variance. I've never seen a variance be isolated to a use variance by nature
[2:32:58] and land use run with the land. Right, but there's no other, there's no other way to get around that
[2:33:05] and not make it a variance. It has to be a variance period. Okay.
[2:33:09] Well, Jamie Gavigan, from Shots and Bowen, I'm here with Roger.
[2:33:15] I understand what we're saying about the variance.
[2:33:18] We would be open as Roger mentioned about a declaration of use to limit even that the
[2:33:24] retail to being a appointment only one in one out.
[2:33:30] So I don't know how that, obviously the variance runs with the land that the actual use
[2:33:33] that the retail portion would only be appointment only one at a time.
[2:33:38] Yeah, I mean, just to be clear, because we use declarations of use a lot here, and we do contemplate declarations of use when special exceptions are granted.
[2:33:48] We don't have anything in our code that addresses them when variances are granted, but they need to satisfy the zoning criteria to get the variance, or even on special exceptions.
[2:33:58] They have to satisfy the special exception criteria. You can't avoid satisfying the criteria just because you version enter into a declaration of use.
[2:34:07] And there has to be hardship and no reason it will use.
[2:34:12] OK.
[2:34:13] OK, Ted.
[2:34:14] Yeah.
[2:34:15] Well, I mean, since Harvey wasn't able to make it, should we defer it a month and see if.
[2:34:20] I think we should.
[2:34:21] That's probably the best for you.
[2:34:22] I know.
[2:34:23] He mentioned he tried to reschedule, but we had such a complicated day that we couldn't.
[2:34:29] No.
[2:34:30] But I think you know the problem.
[2:34:32] And so you can let go of that.
[2:34:34] Yes, we're aware.
[2:34:36] Okay.
[2:34:38] Go ahead.
[2:34:40] Why are we deferring it?
[2:34:41] We're doing things like principle of equivalency, you know, restricting parking.
[2:34:45] Our laws aren't going to change in a month to defer it, it's just going to defer it.
[2:34:51] Well, I mean, I mean, if it was, it was, I don't suspect my position will change
[2:34:58] or any of ours, but it was more in-depth, for instance, that he was taking his child
[2:35:02] to a medical appointment and couldn't figure it out.
[2:35:05] I'm very comfortable with this stuff or you're too, but I'm also
[2:35:07] respectable of our agendas.
[2:35:09] Yeah, I mean, why are we different?
[2:35:11] We're not going to change our variance laws.
[2:35:13] We're not going to, you know, no, I think they're going to change what
[2:35:15] they come back and ask us for.
[2:35:16] Are they going to ask us for, um, then we'll see the dilemma we have.
[2:35:20] Are you going to find five spaces and not request a variance?
[2:35:23] I mean, I mean, to me, this is such an easy one.
[2:35:29] Why can't we just in that I agree?
[2:35:31] Like, what are we doing here?
[2:35:32] I'm not very- I'm very- I'm very- I'm very- I'm a part of it.
[2:35:34] All right, so we're going to hear this same thing.
[2:35:36] Yeah, I mean, if that's fair, we're talking it once again, let's go.
[2:35:38] Okay. All right. All right.
[2:35:39] If that's how you feel, I would just make a motion to deny and see if that's why.
[2:35:44] Well then you-
[2:35:44] Within, they can't come back for a year.
[2:35:46] Right.
[2:35:47] What I would- we've heard- we hear- we hear what the Council is positioned in regards to the principal
[2:35:54] of- we'll see in the variants.
[2:35:55] So if we come back, we will come back understanding the conversation that's-
[2:36:01] Right.
[2:36:01] That's been discussed and so we would have another option or have thought through to addressing and add some additional clarity beyond what has been discussed right now
[2:36:14] So let's give him that opportunity
[2:36:16] What the same variance. I think you're hearing up here if you come back with the same ask and no additional clarity
[2:36:25] or
[2:36:27] guarantees
[2:36:31] It's not that, it's that we don't want to give it that variance in perpetuity.
[2:36:36] Yeah, that's the point.
[2:36:37] I understand that.
[2:36:38] All right.
[2:36:39] So I don't have to.
[2:36:39] I'll agree with the deferral.
[2:36:43] And your points will take, and I got it.
[2:36:45] Yeah.
[2:36:46] Okay.
[2:36:46] So I'm going to make a defer.
[2:36:48] Okay.
[2:36:48] I'll move to defer, uh, the 0n 25 does 0, 0, 0, 9, 1, uh, until April 15th.
[2:36:59] It's 0N-20 I'm doing to 0-003.
[2:37:04] You're just at the wrong number.
[2:37:05] Oh, I did.
[2:37:07] Sorry.
[2:37:08] Which project would you call the wrong number, right?
[2:37:11] It's 0N-26Z-003.
[2:37:16] Okay.
[2:37:16] There you go.
[2:37:18] Okay.
[2:37:19] And that was to April 15th, Mr. Scug.
[2:37:22] Yes.
[2:37:23] Please.
[2:37:24] Mr. Scug.
[2:37:25] Mr. Crampton.
[2:37:25] Mr. Cooney.
[2:37:27] Yes.
[2:37:27] This is Moran.
[2:37:28] Sure.
[2:37:29] Miss Liz.
[2:37:30] Yes. Okay. Thank you. This, you guys, we're going to go to lunch and because we've got a big one at two o'clock. And we're supposed to be back here at one fifty five.
[2:37:43] One fifty. Lunchtime. Lunchtime. So we're going to break for lunch. Sorry about that, but we've been here all day.
[2:37:52] Yeah, I think we'll do another one.
[2:37:54] And we will be back in time for it.
[2:37:58] Well, 150, 150.
[2:38:02] 150.
[2:38:02] 150.
[2:38:04] Yeah.
[2:38:05] Sorry.
[2:38:05] I didn't need to push it.
[2:38:06] Okay.
[2:38:07] No.
[2:38:11] Okay.
[2:38:11] Are you signed in then?
[2:38:13] Okay.
[2:38:14] Welcome back, everybody.
[2:38:15] We're going to reconvene and we do have a time certain in 10 minutes, but we're going
[2:38:19] to take one at least one quick one and I need your hand.
[2:38:24] And Julie wants to make a comment?
[2:38:28] I just would like to ask the council under Robert's rule, especially since Jamie is here now.
[2:38:34] If we can do a reconsideration of the elephant day declaration of use only for the parking
[2:38:42] to put it to use breakers a lot, especially the one below.
[2:38:47] So that's the only thing.
[2:38:48] somebody, I can reconsider actually.
[2:38:50] I would ask for reconsideration of the Elefante
[2:38:54] Declaration of Youth, and it was the last meeting.
[2:38:57] It was the last meeting.
[2:38:59] It was?
[2:38:59] So I would, yes, it was.
[2:39:01] I would like to ask for reconsideration of the declaration
[2:39:05] of the use agreement only in regard to where they will park.
[2:39:09] And Jamie's here.
[2:39:11] Has the document been prepared?
[2:39:15] Well, but we'd send it to next month, again, only to the parking.
[2:39:20] So we can do that.
[2:39:21] I just want to make sure that that was on the last region I don't remember.
[2:39:26] Yes, it was on the last development region.
[2:39:28] Yeah, it was, which we're supposed to do it on that Wednesday for development review.
[2:39:33] So I just like to ask if somebody will second that so we can just discuss the parking.
[2:39:39] Everything else I'm fine with, but where they're going to park.
[2:39:42] Because I'm very nervous about them taking up all those spaces with everything that's going on.
[2:39:48] I think we met our parking Julie.
[2:39:52] Under the color.
[2:39:53] No, it's for the Valle, where the Valle will park.
[2:39:57] All second to your motion, Julie.
[2:40:03] Ms. Sarah Scott?
[2:40:04] I think it's important, yes.
[2:40:06] Mr. Cunney?
[2:40:07] Ms. Marianne?
[2:40:09] Mr. Krampton?
[2:40:11] Ms. Lindsay?
[2:40:14] Yes.
[2:40:16] Thank you.
[2:40:18] So that would be our next month's agenda.
[2:40:20] Oh, and then I should say to defer to next month.
[2:40:23] You can't do it now.
[2:40:24] No, it has to be noticed.
[2:40:26] I'm saying next month's agenda.
[2:40:28] It's easy.
[2:40:28] We're just doing parking.
[2:40:29] They have an opened.
[2:40:31] Well, if I can decide, they don't have a right necessarily to use the breakers parking.
[2:40:37] Right?
[2:40:37] And the breakers, they've said that they're going to cooperate.
[2:40:40] But under the code, they're not required to park because they have the one for one
[2:40:44] from what was already there.
[2:40:45] I'd like to discuss it next month.
[2:40:47] That's OK.
[2:40:48] The rest is fine.
[2:40:49] My point is I can't do it now because Paul Leone would have to come in.
[2:40:52] No, no, it's next month. We do it next month.
[2:40:55] Have you re-noticed?
[2:40:56] So do you want to make a motion to defer it to now I make a motion to do?
[2:41:00] So we've said yes, I'd like to make a motion to defer to April 15th just the parking issue of the declaration of use.
[2:41:11] Everything else I'm fine with.
[2:41:12] Well, if I can add something.
[2:41:14] It is what I just did but I guess I have to do the deferral to.
[2:41:19] Well, because you just made a motion to reconsider?
[2:41:22] So now that pass, and now I have to do it to Feral.
[2:41:25] So I've made the motion just to hear that.
[2:41:27] There might, so if we do that,
[2:41:30] I might try to get Nick to fly in Nick May,
[2:41:33] there's a sphere that you guys met.
[2:41:35] Put him online.
[2:41:36] Well, if he's here, I just want him to go through everything
[2:41:40] with you that he understands.
[2:41:42] So I don't want to limit it to just the part.
[2:41:44] If you're reopening it, he might want to.
[2:41:45] No, no, it's just the parking.
[2:41:47] Only the valet parking.
[2:41:48] And that's it. I'm not reopening anything else. So it's just the ballet. Everything else is approved.
[2:41:56] Jamie, everything else is approved. It's just where the ballet partners will park.
[2:42:01] But what if he wants to ask to change other things?
[2:42:03] Well, then he can get on, he can get online.
[2:42:05] I'll have him, I'll have him show up. Yeah, let's just defer it till next month.
[2:42:08] Okay. So that's my motion to defer to April 15.
[2:42:12] Now that we've approved.
[2:42:13] Okay.
[2:42:14] consideration. Mr. Ruskug. Mr. Cooney. Mr. Moran. Mr. Krimpton.
[2:42:21] Miss Lindsay. Yes. Thank you. That's it.
[2:42:26] I don't think we need to re-notice it.
[2:42:29] Okay. Okay. Yeah. So, yeah.
[2:42:35] We have five minutes.
[2:42:38] Can we start with expertise on 95 North County road?
[2:42:44] It was mentioned to me at some point by Mr. Crowley that we're coming forward with a furniture store,
[2:42:49] but that was the extent of the conversation.
[2:42:51] I spoke to Mr. Leone very briefly, and he told me because someone else was interested in his space,
[2:42:57] and he said, I've already leased it or committed to our house.
[2:43:03] So that was the extent of our conversation.
[2:43:05] Now, I did hear it was going to be in our house that may have been from Mr. Crowley. I'm not sure.
[2:43:15] The next item is 0.026004, 95 North County Road. This is more commonly referred to as the
[2:43:24] old post office. It's a special exception request for retail use greater than 3,000 square
[2:43:30] feet in the CTS district. Here's an aerial to orient yourself. It's on the
[2:43:37] eastern terminus of the royal pointy and away medians, to the south is the breakers, one of the
[2:43:47] holes of the breakers golf club, to the north is some retail, to the immediate east is a town-owned
[2:43:55] parking facility and to the west, of course, is the balance of the CTS district and the medians.
[2:44:04] So it is the former U.S. post office, here are some images of the four
[2:44:09] facades of the landmark building.
[2:44:14] And while the historic preservation ordinance does not extend into the common
[2:44:18] public areas of historic buildings, these were supplied by the architect and for
[2:44:23] those who haven't been inside the building.
[2:44:25] You could see that it is really architectural rich in the finishes from
[2:44:30] floor to ceiling.
[2:44:31] And
[2:44:36] it's important to note that this commercial property does have an existing surface parking lot that contains 11 spaces.
[2:44:44] And properly located in the rear of the building.
[2:44:50] Here's the orange yourself with the site plan. Again, the primary front entrance faces west and to the east.
[2:45:00] Is the prior mail delivery output, and is also an ADA accessible entrance on an eastern facade?
[2:45:12] There are 17 parking spaces on site, and historically, when this property was converted from the post office to a private office space, the town council at the time granted a variance for 17 parking spaces.
[2:45:27] When you contemplate those 17 parking space variances, which run with the land, and add the 17
[2:45:35] on-site parking spaces, the proposed change of use from private office to the retail space
[2:45:41] is a wash in terms of the requirements.
[2:45:44] It's really interesting to note that of the 14,495 square foot building, the proposed
[2:45:52] improvements actually propose an elimination of 4,292,999 square feet of the second-floor
[2:46:02] measuring area, which is a reduction of square footage of nearly 30%.
[2:46:11] This likely is
[2:46:13] this likely is due to the applicant's proposed use being a furniture store and wanting
[2:46:18] more capacious areas to have a proper showroom to display these furnitures in a very architecturally
[2:46:26] rich setting that you saw those photos that I said.
[2:46:31] However, the zoning district is CTS and it does limit retail uses to 3,000 square feet.
[2:46:37] So regardless of the size of the existing building and regardless of the fact that it's landmark,
[2:46:42] The applicants before you today seeking approval for the special exception of uses greater than
[2:46:48] 3,000.
[2:46:49] In this case, 10,196.
[2:46:55] All exterior improvements are modest in nature and the ones that did rise to the level of review
[2:47:02] have been reviewed by the chairwoman of landmarks preservation commission.
[2:47:07] So this is just before you with one motion being required.
[2:47:17] So what happens if the furniture store decides to leave in a year does that mean that somebody can come in and use that 10,000 square feet in its entirety?
[2:47:32] If you grant the approval for that use and of a building permit is pulled, that will change the occupancy from office space to retail use.
[2:47:42] So an applicant, a few, if this, our house doesn't work out and goes out of business and a future retailer wants to come in,
[2:47:51] they would need a separate special exception because it's greater than 3000 square feet.
[2:47:58] In the alternative, if multiple retailers were to come in, and while I wouldn't like to see that happen and subdivide that area, those photographs, if they were to subdivide it, and if they were to be under 3000 square feet, that would be as a matter of right.
[2:48:16] But that would likely require exterior penetrations to the landmark building that would probably be found upon.
[2:48:22] Well, they probably, well, I mean, they could do it from the interior too.
[2:48:26] I just wanted to make that clear that if we approve this, then it can be split, which you
[2:48:35] could enter from the inside, and it also could bring someone else in with 10,000 square feet.
[2:48:41] Again, then that would have to come before this desk for separate requests for special exception.
[2:48:47] So the special exception does not run with the land.
[2:48:50] That runs with the tenant.
[2:48:51] right but they can split it up and therefore they can use 10,000 square no they have office space they'd have to get
[2:48:59] exception to make it a retail okay let's see donny it is your questions for staff and then we go so when
[2:49:12] when it became office space it went I'm sorry it was the post office considered office space a retail space
[2:49:22] The post office was considered the institution, actually, which institutional use, which is
[2:49:31] the same parking requirement as office use.
[2:49:34] Okay, so I mean, you're up next.
[2:49:37] Sorry, so by converting to retail space, that's something that the town encourages retail
[2:49:43] on the first floor, correct?
[2:49:45] Yes, ma'am.
[2:49:46] Okay, I'm trying to remember all the nuances to the code, which can get me to the
[2:49:51] So, an office space would not be traditionally a use that you'd want to see on the ground floor, particularly in a primary location, such as the terminus of Royal Poinsian away, retail uses on the other hand, directly serve the purpose of an intent of the CTS zoning district, which is retail uses, albeit at a smaller scale.
[2:50:14] Okay, thank you. Thank you. Thanks.
[2:50:17] Okay, I don't see any other questions. I have a quick one.
[2:50:19] Oh, another one.
[2:50:20] So is it, I thought there was a second story
[2:50:23] in my wrong on that.
[2:50:24] There is a second floor, and I'm sure the applicant
[2:50:27] will go through these.
[2:50:28] So they could keep that as office, which we're
[2:50:30] fine with.
[2:50:32] That's what they have at the parent map.
[2:50:34] Two stories, one story with.
[2:50:36] An office space is allowed on a second floor, yes.
[2:50:39] Which would then split it up, because you would.
[2:50:42] You could keep it at a lower level.
[2:50:44] So it's not going to 10,000.
[2:50:46] It's going to about half of that.
[2:50:51] I believe the applicant would be able to walk through those plans in their presentation.
[2:50:56] Thank you, James.
[2:50:57] Thank you, James.
[2:50:58] We'll hear from the applicant now.
[2:51:01] Good.
[2:51:04] I'm going to go on my friend.
[2:51:05] You know, he's probably going to switch out for you.
[2:51:08] Thank you for the record.
[2:51:10] My name is Jamie Crowley for the breakers and for our house.
[2:51:14] So to answer your question, when this was converted from the post office use, the prior council
[2:51:23] granted a variance, and you guys talked about this this morning, so I'm not sure
[2:51:26] how it happened, but you granted a variance specifically for Mr. Green to have a family office
[2:51:31] there.
[2:51:31] And if you ever went away, the variance went away.
[2:51:34] And there was a declaration of use agreement at that time, to that effect that was not
[2:51:38] Joanne that was involved with that, but that happened.
[2:51:40] So, at the time, Paul Castro was the zoning administrator and he reviewed this and there was a determination that the post office used was more like traditional retail because people are coming and going.
[2:51:50] So the equivalency for that use not only lines up in your code from institutional to retail, but he also determined when as the zoning administrator at the time that that use was like retail because people are coming and going throughout the day to conduct business.
[2:52:03] So obviously now what we're trying to do is convert that back to retail, which is a permitted use in the town code.
[2:52:10] With respect to carving this building up, not only is it a local landmark, it's on the National Register,
[2:52:16] and when the post office deited it originally, there are federal restrictions on carving up the interior that they put.
[2:52:22] So there are certain things within that building that cannot be physically disturbed.
[2:52:26] So, that is why when we were looking through...
[2:52:30] Social tenants for this building and we looked at multiple uses, some of which were way, way more intense than this. We settle on this use because it is a more passive use. Now, a lot of you have heard of our house that this is not the store that you see in the mall. This is their design studio. So what they have here is more of a personal service where they meet with interior designers and they use professional 3D software to design rooms for those end users. So it's not your traditional our house.
[2:52:57] or this is their highest end store,
[2:52:59] which they're catering specifically to the town
[2:53:01] upon beach.
[2:53:02] And they think that this is a perfect spot for them to come into.
[2:53:07] So Julie, to your question about future carve-outs of this,
[2:53:10] it would be difficult because of the federal restrictions
[2:53:13] on disturbing those things within the main building.
[2:53:17] We have worked very hard with preservation foundation
[2:53:19] and with landmarks to restore this building to what it looked.
[2:53:23] We did paint color samples.
[2:53:24] We worked very hard with Amy Sunny.
[2:53:28] to bring this building back and make it look great, and I think we've done that.
[2:53:32] And with this tenant, we think it's something that generates the least possible amount of traffic that you will ever see.
[2:53:38] This is not a traditional common go retail place.
[2:53:41] This is a very unique thing. Brian Kelly is here.
[2:53:44] He can talk about the typical traffic for these uses, which is far far less than your typical retail use.
[2:53:49] But if you want to see any more of the plans and talk about the second story, because part of that second story is going away.
[2:53:53] Keith's being a can talk about.
[2:53:55] Keith, do you want to go through real quickly?
[2:53:58] What we're proposing to do.
[2:53:59] Thank you, and then I'll answer any questions.
[2:54:00] Thank you, Jamie.
[2:54:02] Thank you.
[2:54:05] Good afternoon.
[2:54:06] Keith's being a spin-out rark.
[2:54:08] We kind of go quickly through this.
[2:54:14] Everybody knows where it is.
[2:54:16] Right.
[2:54:19] Existing photos.
[2:54:20] Just some of the earlier photos showed it a couple of generations ago.
[2:54:24] The breakers bought it and then we did the whole outside.
[2:54:26] And it's really quite a building.
[2:54:29] the inside's even more special.
[2:54:33] There's just some of the neighboring projects.
[2:54:35] Here's some of the historic photos, you know,
[2:54:38] in the front part of the building,
[2:54:39] there's the old post office lobby and the post office boxes
[2:54:42] and there's also some really incredible murals
[2:54:45] that exist in the building and all of that
[2:54:48] will not only continue to stay exactly the way it is
[2:54:51] be restored, but also now there's a chance
[2:54:54] that people in the town of Palm Beach will be able to go
[2:54:56] see it, whether it's, you know, Grandpa takes his grandkids and says, when I used to come
[2:55:00] to the post office, it's a pretty interesting, you know, from a historical preservation standpoint,
[2:55:05] it's pretty significant. This shows the post office boxes in that room, the ceilings, the murals,
[2:55:12] there's some architectural tables that are made out of stone, stone floor, all of that is being
[2:55:17] maintained. And, you know, so I think from a preservation standpoint alone, it's going to be
[2:55:23] pretty spectacular. With regards to, and there's one other postmaster office that at a bunch of
[2:55:28] a pecky on the walls, we're going to maintain that as well. With regards to this second floor,
[2:55:34] let me just, so this is the first floor. We're going to remove a bunch of interior offices and open it
[2:55:40] back up for the Design Center on the second floor. There's a pretty elaborate series of spaces on the
[2:55:47] second floor. Everything you see in red is going to be removed, period, and as I think Jane mentioned,
[2:55:52] It's about a 30% reduction in square footage,
[2:55:56] kind of a little bit opposite of what everybody's usually
[2:55:59] up here asking for.
[2:56:01] And so we think that's a, so it would be a little,
[2:56:03] but I think it's what we would call accessories
[2:56:05] to the retail, a little bit of storage area
[2:56:07] and things like that up on the upper level.
[2:56:11] The shifts, the new plan, a couple of the things
[2:56:13] when it comes to, you know, how could you turn this into
[2:56:15] a traditional retail building?
[2:56:17] It was kind of hard to turn it into a single retail
[2:56:20] because there's the parkins in the back.
[2:56:23] The main entrance is technically on the front.
[2:56:27] It's not very pedestrian friendly with regards to parking
[2:56:30] in the middle of Rollpoint, see it in a way
[2:56:32] and walking across the street to get to it.
[2:56:35] But our house came up with a great design
[2:56:38] that created a fabulous back door.
[2:56:41] If we wanted to try, the other thing about the building
[2:56:43] is it's elevated to get to the entrance.
[2:56:46] You have to come up either search from the front
[2:56:47] or ramp and search from the back.
[2:56:49] So, in order to subdivide it, you would have to introduce new stairs and ramps, you would have to introduce new doors,
[2:56:56] you'd have to come in the side of the building, it really from just a pure architectural standpoint.
[2:57:02] I can't imagine, the other is the breakers on it.
[2:57:04] And so, you know, I have a lot of confidence that, you know, I doubt they would let someone come and try to subdivide it into a bunch of retail spaces.
[2:57:11] So, yeah, this is the second level.
[2:57:14] Again, used to be another 4,000 square feet on the second level.
[2:57:18] Now, it's a little stock room or break room,
[2:57:21] you know, not much to it, a couple of bathrooms.
[2:57:25] We did get some signs approved.
[2:57:27] Very, very tiny little signs on the exterior of the building.
[2:57:31] The inside continues to remain as is.
[2:57:34] We fixed an ADA accessible situation.
[2:57:38] We improved the handicap parking access by just flipping it over.
[2:57:41] There are 17 spaces.
[2:57:43] That's what's there today.
[2:57:44] That's what we're maintaining.
[2:57:46] We do have Brian Kelly, as Jamie said, our traffic engineer.
[2:57:51] And that's pretty much it.
[2:57:53] Okay.
[2:57:54] We have two questions.
[2:57:55] Ted and then Bridget and now three.
[2:57:59] Just confirming for the record that the United States post office
[2:58:02] Palm Beach Florida signs days on the building.
[2:58:05] Correct.
[2:58:05] Yes.
[2:58:06] That's the.
[2:58:07] There's the.
[2:58:08] Jeff Green tried to take it off and I made a kick.
[2:58:09] Go back up.
[2:58:12] question for the applicant.
[2:58:14] First statement, thank you to the breakers for keeping
[2:58:16] much of the interior historical features, which I think are important.
[2:58:21] Are you also keeping the U.S. flag outside?
[2:58:23] I think that's important too.
[2:58:26] I don't know.
[2:58:28] If you can, if it's a choice and it's up for grabs,
[2:58:30] can you keep it?
[2:58:31] Because I think it kind of goes with the post office.
[2:58:32] Every post office has one.
[2:58:34] So I think that's kind of cool, just a cool feature.
[2:58:37] On the second floor, are you actually removing the flooring and creating like a view down below and that's how you're redoing the space.
[2:58:44] We're creating tall buildings.
[2:58:46] You can see, if you look at like image number four or five, it now has a really tall ceiling because we got the mezzanine that was built down over it.
[2:58:55] We got that out of the way, you know, big tall ceilings.
[2:58:58] Okay, so that's how you're reducing the space.
[2:59:02] And that's it, I thought it was a nice presentation.
[2:59:08] Yeah, I agree, okay, Julie, you have a question.
[2:59:11] I think I have it.
[2:59:13] So just a couple of quick things.
[2:59:16] So the inside, how much of it is?
[2:59:19] I think someone said that some of the inside cannot be removed.
[2:59:22] Is that correct?
[2:59:23] That asked for registry?
[2:59:24] What is it?
[2:59:26] I mean, could you tell me sorry?
[2:59:28] Yeah, I could show you that.
[2:59:31] there's a you know the it's really kind of a couple one big room the main post office
[2:59:36] law so the one that has the okay the boxes and then the postmaster the murals the
[2:59:43] the package I was any of the tables okay and it's not we're saving some of it we're
[2:59:48] saving every single little tiny piece of it great and um well I think I think we are as part
[2:59:55] Okay, I think.
[2:59:58] Okay.
[2:59:59] And then...
[3:00:00] The only thing I wanted to say is that, you know, the breakers could always sell it in the future. We know the breakers do an awesome job, but I just want to say they could sell it, so it could become a different type of outer for us than the breakers is. And then where will the employees park?
[3:00:21] They can park on site, Julie.
[3:00:22] There's an parking there.
[3:00:23] There's that many employees.
[3:00:25] That's right.
[3:00:25] And there's not that many people coming and going.
[3:00:27] This is something where you have professionals coming in to help
[3:00:29] design a house.
[3:00:30] So it's not.
[3:00:31] Well, I think we did a great job.
[3:00:33] Thank you.
[3:00:35] Okay.
[3:00:37] 10?
[3:00:38] Yeah.
[3:00:39] Just sight wise.
[3:00:41] Two housekeeping things.
[3:00:42] In James's slide, there was a street view.
[3:00:44] There's a metal painted yellow railing that divides the on-site parking from the town
[3:00:50] lot behind that in that picture was kind of bent and doesn't look so great and then
[3:00:56] the other is there's kind of a not very nice wood gate on the dumpster enclosure and wondering
[3:01:01] if those are two areas that could get cleaned up, especially since the rear will be the
[3:01:06] primary entrance for them, but they may be interested in that as well.
[3:01:12] Yes, is the answer. I think they're already cleaned up. I think the wood gate, I mean, ought to be a more attractive metal gate on that dumpster enclosure or something.
[3:01:23] The answer is yes.
[3:01:24] Yes.
[3:01:24] Okay.
[3:01:26] Good.
[3:01:27] Okay.
[3:01:28] All right. Well, thank you. You can sit down. We're going to just have to put it to the public.
[3:01:33] There's any comments.
[3:01:35] on the public on this issue. Seeing none, nobody online.
[3:01:43] How about a motion?
[3:01:49] Nobody interested in it.
[3:01:52] I'm great at motion.
[3:01:58] I'm a special exception.
[3:01:59] Great.
[3:02:00] Richard Mike's not on.
[3:02:01] Oh sorry.
[3:02:03] I'm going to approve a special exception number
[3:02:10] 0N26-004 and site-plan review number, I don't have that.
[3:02:17] Same.
[3:02:17] Thank you.
[3:02:18] Told you I'm not good at this.
[3:02:20] As said applications, meet the criteria set forth in sections 134-229 and 134-329 respectively of the
[3:02:29] town code and finding that approval of the site plan will not inversely affect public interest
[3:02:35] that all zoning requirements governing the use have been met and that the
[3:02:39] satisfactory provision and arrangement has been made concerning these
[3:02:43] concerning items one through 11 of Section 1, 3, 4,
[3:02:48] dash 3, 2, 9.
[3:02:50] Can't go ahead, Julie.
[3:02:56] And keeping the post office, do we have to do that lettering?
[3:02:59] And just to be clear, keeping the post office lettering.
[3:03:03] Keep the American flag and that you keep the Palm Beach post office signing
[3:03:07] out front as is, and that you replace the garbage enclosure gate, and that you address the railing.
[3:03:20] And then lastly, that they keep what they presented to us, all the interiors that they presented to us.
[3:03:27] And that they keep the historical features of the interiors as presented.
[3:03:33] Okay.
[3:03:35] Ms. Moran.
[3:03:36] Yes, Mr. Campton.
[3:03:38] Yes.
[3:03:38] Mr. Scott.
[3:03:39] Yes.
[3:03:39] Mr. Cunning.
[3:03:40] Yes.
[3:03:42] And I'd like to thank the breakers.
[3:03:44] The paint job and landscape cleanup on this was sorely needed.
[3:03:48] And it looks so much better.
[3:03:50] So, thank you.
[3:03:50] Thank you.
[3:03:51] And thank them for this great.
[3:03:54] What they're doing with the post office please.
[3:03:56] Yeah, I think this is going to be a good use.
[3:03:58] Okay.
[3:03:59] All right.
[3:03:59] Now, we're going to move to our time, certain it, too.
[3:04:02] Sorry, we're a little bit late there.
[3:04:03] That took a lot longer than we thought.
[3:04:06] Can I swear, if you want to swear in anybody who's going to speak,
[3:04:10] I'm going to give the rules of speaking, though.
[3:04:13] If you plan on speaking today, can you please stand and be sworn
[3:04:16] in by raising your right hand?
[3:04:18] You've not been sworn in.
[3:04:22] Do you plan or, sorry, do you swear from the testimony
[3:04:25] which you're about to give is the truth?
[3:04:26] The whole truth and nothing but the truth.
[3:04:27] So, help you, God?
[3:04:32] OK.
[3:04:32] All right, before we get started, I just want to make sure that everybody understands
[3:04:39] that this is not a forum where we're going to revisit whether or not the, well, I'll just
[3:04:48] put it this way.
[3:04:49] This is an approved club.
[3:04:51] We are now reviewing today, we're finishing the review of our declaration of use agreement.
[3:04:58] We will take eventually comments from the public about a declaration of use agreement, but not for anything other than that.
[3:05:06] So I want to make sure that's clear. And Joanne, is there anything else I should add?
[3:05:11] No, I think that covers it.
[3:05:13] Okay. So
[3:05:17] let's get going then.
[3:05:20] Oh, you want, yes, we'll go to X-part-tap first and then Julie has a question.
[3:05:25] Go ahead.
[3:05:26] I have had no expertise since the last meeting on the declaration of use.
[3:05:35] I did have a conversation with Mr. Werner who was advocating for a later closing time
[3:05:41] than is proposed in the document and that was it.
[3:05:46] I may have, I don't think so, but did I have a talk to you, Mr. Yubanks?
[3:05:52] And I, Jerry, did I talk to you?
[3:05:54] No.
[3:05:54] Right, since with the last meeting, okay, so I've had none.
[3:05:58] Oh, I apologize.
[3:05:59] I also spoke with Mr. Zero since the hearing,
[3:06:02] but I don't recall how substantive we got
[3:06:04] on the declaration of this.
[3:06:06] And were there letters?
[3:06:07] I'm trying to remember.
[3:06:08] Yes, for Mr. Yubanks and Mr. Smith.
[3:06:10] Right. Right.
[3:06:13] The,
[3:06:15] I would ask Mr. Smith, and I know you're very passionate
[3:06:19] about this, but it would be great if you could put 20 letters
[3:06:22] and to one for us. Thank you.
[3:06:27] No, I had said I read the letters and I know I spoke with Mr. Zaro, just in general terms
[3:06:34] after the last meeting once. I don't think I remember anything too specific. Go ahead,
[3:06:43] Lou.
[3:06:43] Well, I mean, I don't know the campaign trail. There's a lot of talk about it, but I don't
[3:06:50] I believe I've had any conversations since our last meeting with any of the principles.
[3:06:57] So none.
[3:06:59] I read the letters from Mr. Yubang, Mr. Smith, and I had a conversation with Mr.
[3:07:04] Canders who wanted to ensure that there was verbiage in the declaration of use, that
[3:07:09] the club level where the club space was.
[3:07:13] Okay.
[3:07:14] Okay.
[3:07:15] Thank you.
[3:07:16] I'm going to be brief.
[3:07:17] I think my name is Jamie Crowley for the record.
[3:07:20] We have spent probably five hours on this agreement so far,
[3:07:24] and what I did was I took exactly what you told me to,
[3:07:28] and I put it into this agreement, and Joanne and I...
[3:07:30] I have spent a lot of times going through it. The one thing I asked you at the end of the last meeting is to consider whether or not we could stay open later on the weekends. I did put the time that you imposed on us, which was 11 o'clock.
[3:07:43] And my argument for that is that if there's a problem we're coming back in six months and you can take that away. If not, we have to wait two years before we can extend that.
[3:07:55] So I would ask you to give us a little leeway on the weekends only if you would be so
[3:08:00] kind as to consider that.
[3:08:03] paragraph two, we did not change, this is what we've gone through, every one of these
[3:08:08] paragraphs, and I'm showing and strike through what has changed.
[3:08:13] paragraph four, Lester really would like to have live music, there's always been live music.
[3:08:18] I stated that to you.
[3:08:21] So if you would like to reconsider that, I would ask you to.
[3:08:24] Obviously, we're subject to the noise ordinance and any disturbance that is audible to the neighbors would be a problem under the declaration of use agreement and
[3:08:36] Personally, I really love live music. I like playing music. I think it's good for people to get out and hear it
[3:08:41] So I'm a little concerned about this move to ban live music. If it's not bothering anyone, but that's just me
[3:08:51] Let's see what's next paragraph
[3:08:53] I can see better on the paper, so I'm going to read my paper.
[3:08:57] paragraph five, I don't think we changed paragraph six.
[3:09:00] We did not change, paragraph seven, we did not change.
[3:09:03] paragraph eight, we did not change.
[3:09:06] paragraph nine was reflected to change to reflect the modifications
[3:09:10] that you imposed on us at the last meeting.
[3:09:15] With the revised maximum occupancy, which, again, we didn't like,
[3:09:20] but you told us to do that.
[3:09:21] So that's what is in the agreement.
[3:09:25] The valet parking is going to be made available.
[3:09:28] I'd number 10, Jamie, that should be 545,
[3:09:30] could I?
[3:09:31] It's a square of an RSAR.
[3:09:33] Let me see if I did it in the paper.
[3:09:35] Because I thought I had done it.
[3:09:37] It should be 545, and I agreed to that.
[3:09:39] Thank you.
[3:09:41] The events we reduced to one.
[3:09:44] This is what you told us to do.
[3:09:46] We referenced the proper paragraphs.
[3:09:49] Keep such records for 24 months.
[3:09:53] 12 is New Year's, 13 is preserving the residential character of Sunrise Sunset.
[3:10:02] We put some language in there about asking our members not to park on these streets.
[3:10:08] And again, we're a little puzzling that people can't use public parking.
[3:10:13] We're going to tell them they can't use public parking if other people in the community
[3:10:16] can.
[3:10:17] I don't know how it makes sense to tell one business that their customers can't use a public
[3:10:22] parking meter where others can, so, and if people are out there causing trouble that are
[3:10:29] going to contain or somewhere else and we get blamed for it, that's going to be frustrating
[3:10:33] as well.
[3:10:34] So if there's public parking that's available for others at night, I think that's generally
[3:10:39] problematic, but I've said so on the record,
[3:10:44] 14 is the Valley Parking Permit.
[3:10:46] This is where I did put a 545 Wayne, so I'm sorry that wasn't consistent in the private
[3:10:50] paragraph, but I put it in here. We added Sunrise to the Valley Parking. I clarify that the
[3:10:58] Valley Parking, even if it changes it needs to remain on site, I think that's something that
[3:11:02] you asked me to do.
[3:11:06] Total club dining will include bar seats of which for maximum of 40 can be
[3:11:11] outside. Club trash we added this language that you asked us to and to coordinate with public works.
[3:11:20] The deliveries, I did the best I could to put down the language that you asked us to.
[3:11:26] I did have a discussion with public works and they said no way you can't do deliveries
[3:11:30] on county roads.
[3:11:31] So unfortunately, even though I think that would be a lot better, they said it's a safety
[3:11:37] issue.
[3:11:37] They didn't want people doing deliveries on county roads.
[3:11:39] So we're stuck with what we've got and frankly they think that the Sunrise Avenue
[3:11:47] They say that there's loading zones like that all over town, people use them and it doesn't cause problems.
[3:11:53] So I don't want to speak for them, but they absolutely said no, you cannot park.
[3:11:57] So I took out the language where I said, I'm going to talk to public works to see if they'll let us do it because the answer was no.
[3:12:06] I don't know why there's no night.
[3:12:08] Oh, there we are.
[3:12:11] There's a 19 now.
[3:12:13] I think it's just moved downwards to be up.
[3:12:16] I'll call it trash because number 18 and all of the resources.
[3:12:19] I'm sorry.
[3:12:24] So the smaller trucks we talked about that were if they're not beeping, they can come in
[3:12:27] early because we need them for the cafe in the club in the morning to deliver a fresh
[3:12:31] food.
[3:12:32] The construction management agreement will be negotiated with Wayne and staff.
[3:12:36] Schedule of construction phases.
[3:12:38] We asked, I'm sorry, we added to the agreement communications provided to the neighbors
[3:12:45] and community reps.
[3:12:47] I think what you discussed earlier makes a lot of sense with respect to four arts.
[3:12:52] providing a phone number for the for the form and that's something we'll agree to, that's not a problem.
[3:13:00] And then we added Bridget for you the language about maintaining the buildings and improvements in the best.
[3:13:06] This came from the Elefonte declaration of use. I just cut and paste that so the landscape being the buildings will be maintained in.
[3:13:14] Best Palm Beach standards and practices.
[3:13:23] See now we're on church use.
[3:13:28] We
[3:13:31] would like to add eight o'clock a.m. for the church use if we're stopping 11.45.
[3:13:35] I did put that in here. I don't know that you agreed to that last time.
[3:13:39] We didn't. What did you ask for again?
[3:13:42] To go earlier in the morning eight o'clock for church eight to 11.45 to stop before.
[3:13:47] So there's no overlap with the club.
[3:13:49] Do you want me to talk after it was supposed to be to 11?
[3:13:53] Originally we had said nine to 11 in the agreement when we talked to you.
[3:13:57] My only concern there is, you know, people like to hang out, they talk for half an hour.
[3:14:04] You can't push somebody out of a church.
[3:14:07] So, I mean, it should be 1130 if you're going to open the club at 12, 1145 if you're opening it at 1215.
[3:14:16] You know, you need half an hour.
[3:14:17] I got a church, we all hang out.
[3:14:20] You know, it's not just talk for two minutes and run to your car.
[3:14:25] I recall it differently.
[3:14:28] I kind of recall it being 11, it was 12 and we, and...
[3:14:31] No, they came forward with 11.45.
[3:14:34] I asked for 11.30 and we said we did.
[3:14:36] I think everyone was okay with 11.45.
[3:14:39] What we didn't get a decision on was eight o'clock.
[3:14:41] I asked if we could see it.
[3:14:42] I'd rather do nine.
[3:14:44] Okay.
[3:14:44] So we're not feeling it.
[3:14:45] The only thing is nine.
[3:14:47] Nine's a big mass at St. Edward's right across the street.
[3:14:51] Already long scheduled.
[3:14:52] some maybe eight would spread the, you know, spread, but I'm just thinking they're in a good
[3:15:00] They can have two weddings. They can't really have any wedding. They can't have any wedding. Yes, they can. We can't limit them having not having weddings.
[3:15:10] Well, I can have two. Okay.
[3:15:12] My look, we can go through this after my, my thought on the matter is that it's not right or constitutional to restrict religious services.
[3:15:21] We can. Well, you're not doing it for anyone else. Who else can?
[3:15:25] I'm not going to talk about weddings.
[3:15:27] No, no.
[3:15:27] I said we can't limit that.
[3:15:29] Sorry.
[3:15:29] You've got the time.
[3:15:31] I think it's a talk.
[3:15:33] There's no issue with traffic on Sunday morning.
[3:15:34] We'll talk about it after I just wanted to bring that up.
[3:15:38] Wait a minute.
[3:15:38] No, we're going to pass it today.
[3:15:40] I have another question.
[3:15:42] Okay.
[3:15:43] We're just.
[3:15:43] Well, you're.
[3:15:45] What are we proposing?
[3:15:47] If we're taking a fall to 11.
[3:15:48] 40 with eight to 11.
[3:15:50] 30.
[3:15:51] 11.
[3:15:53] 11.
[3:15:53] I prefer because people may go and you can't blame him. I think 8 o'clock is fine with me 8 o'clock 11 30. I'm okay with
[3:15:59] Yeah, I'm fine. I agree with you. I agree with you. I agree with you. I agree with you. I agree with you. If we get 8 o'clock, yeah, we'll agree to 11 30.
[3:16:06] Yeah, okay. 8 o'clock. I'm sure. Done. Okay. I have other questions. I didn't realize you wanted it.
[3:16:12] I'm going 0.5. Point. Well, I didn't do it. I'm sorry. I thought you wanted us to wait till he made the, we didn't make that clear.
[3:16:19] So, I'm here at your...
[3:16:21] Well, I'm here at your address.
[3:16:23] Okay.
[3:16:23] Then we should go back to the beginning.
[3:16:26] Well, then, why don't I just finish?
[3:16:28] Because I'm almost done.
[3:16:29] Yeah, I'm going to make a little back to you.
[3:16:31] Okay.
[3:16:34] Let's see, Cafe.
[3:16:36] I just clean up the language.
[3:16:37] We like the words of which, so I kept including those.
[3:16:40] So that there's no maximum number inside.
[3:16:43] I'm sorry, maximum number outside.
[3:16:45] They can move those outside.
[3:16:46] I think Ted suggested that.
[3:16:49] I talked, oh, the cafe, there's not going to be any music or live music or dancing in the cafe.
[3:16:55] When I was talking about having live music, I went within the main club inside of the building where no one's going to hear it, obviously they don't want to have that in the cafe.
[3:17:04] Deliveries, we did the same thing for the cafe that we did for the club.
[3:17:10] I think I worked out what my concern was with Joanne earlier, which is this last sentence,
[3:17:18] which I had stricken on corrected beyond the date.
[3:17:23] So my concern previously that I raised during Elifante was there had to be some standard
[3:17:27] for when you're going to try to revoke the use.
[3:17:30] But I think Joanne, didn't we find in this that we would come back to the council after the
[3:17:36] enforcement. I would just like to understand that that would be a quasi-judicial
[3:17:41] proceeding so that there's some rules and standards of how it's going to go
[3:17:45] so it's a legal proceeding that would have a pellet right and as long as that's
[3:17:48] understood I would be okay with that. And you would agree to add in the last sentence
[3:17:53] then when it comes back to town council at that hearing with 30 days written
[3:17:57] notice that the town council would then have the authority to revise or ascend.
[3:18:03] Yes, if it has found that the representations that were made to the council are not being met
[3:18:09] and they cannot be corrected, and that would be a quasi-judicial where we would have
[3:18:14] the opportunity to present evidence.
[3:18:17] That's fine.
[3:18:18] I think that you have the power to do that through the other declarations of use I've worked
[3:18:22] on that's been in there.
[3:18:23] So that's not different.
[3:18:24] So it's not just that there are violations.
[3:18:26] It's that there are violations because I thought we talked about the fact that if you came
[3:18:30] back forward came back before us and we needed to tweak a couple of things that we could do
[3:18:35] it.
[3:18:35] So, if you make it, that it is a pellet and has to do it.
[3:18:38] I'm not talking about the agreement.
[3:18:40] I'm talking about revoking the use.
[3:18:42] So, there has to be a standard under which you revoked and approved.
[3:18:46] From you, you mean?
[3:18:47] I'm sorry.
[3:18:48] From you.
[3:18:49] In a few.
[3:18:49] From you.
[3:18:50] So, that's right.
[3:18:52] Because I don't like run with the land.
[3:18:54] That concern makes it said this shall run with the land.
[3:18:56] Well, we went through that a lot and the reason for that was we wanted it to be more like a deed restriction but then as we did this morning
[3:19:03] We said if there's a change of use
[3:19:06] They would have to come back get a new special exception. Okay, that's what I'm asking for because right now
[3:19:12] It says run with the land
[3:19:14] Like it did this morning, which would mean they they that there could be some issues
[3:19:18] I don't understand we have to clarify that door
[3:19:27] I'm just saying it, but it also says it shall run with the land. So that seems a little contradictory.
[3:19:38] Do you see what I'm saying? I mean, in one place it says, if the ownership changes, then it's not the case, but then later it says it runs with the land.
[3:19:46] I think it needs to read differently so that it clarifies that it does not run with the
[3:19:53] land and perpetuity, but that it, if ownership changes, then they have to, do you know what I'm
[3:19:59] saying, Joe, and because right now the way it's written, it can be contradictory.
[3:20:03] Well, what we were seeking to do by changing it to that was making this like a deed restriction,
[3:20:10] that would not go away, and that was something that the council was wrong.
[3:20:14] But the other problem is if you get the other owner then what happens to an if it says it runs with the land couldn't they argue
[3:20:23] That they don't have to come before us because it runs with the land from illegal perspective if you need a special exception they have to come before you
[3:20:32] The agreement
[3:20:32] The agreement runs with the land and if the agreement says that the new majority in the agreement that that's effectively a de-distriction if it says the new majority owner comes back has to come back then there are notice of that
[3:20:44] Okay.
[3:20:45] And that's the point of it.
[3:20:46] So that's...
[3:20:46] Okay.
[3:20:47] I just wanted to be sure.
[3:20:48] Thank you.
[3:20:51] Okay.
[3:20:52] I think that's all I've got.
[3:20:55] Happy to go through questions if you like.
[3:20:57] However you want to do it.
[3:21:01] Okay.
[3:21:03] Oh, Julie, you're finished?
[3:21:04] All right.
[3:21:04] Then it starts.
[3:21:05] Okay.
[3:21:07] All right.
[3:21:08] Lou, you were next, but you're off now, suddenly.
[3:21:11] Since what we're reading, Jamie is a proffer from the owner.
[3:21:16] I just want to hear from Wayne and Joanne that this is an accurate representation of what we,
[3:21:28] the 10 or 12 additional conditions that we put into the Declaration of Views at our last meeting,
[3:21:34] and that what Jamie has said is correct and accurate based on the proceedings that we completed at our last meeting.
[3:21:42] Is that the case?
[3:21:43] Yes.
[3:21:44] Okay. I agree. We've spent a good amount of time.
[3:21:47] So we got everything.
[3:21:48] Correct.
[3:21:51] I'm sorry. I tried to really explain the only things that we had an issue with,
[3:21:55] which I still put in the agreement as you told us to.
[3:21:59] So those would be the hours of operation and live music, but everything else.
[3:22:02] Okay. We'll go discuss that.
[3:22:04] Yes, sir.
[3:22:07] Okay.
[3:22:09] Bridget, Julie.
[3:22:11] I just have two things.
[3:22:12] If you want me to go for a second.
[3:22:14] So let's talk about live music. I believe last time I said I think live unamplified music is fine
[3:22:21] I think in some instances, it's actually very nice. So I'm not opposed to adding that back
[3:22:28] including drums. Sorry, I should-
[3:22:30] We are asking you a question. I should say this, sir. Go ahead, Julie. You ask your questions.
[3:22:35] You all back.
[3:22:39] Say what I feel about music if you want. At the carriage house, we limited it. So, in interior, because the problem
[3:22:47] is, and we also came up with the, when the doors are opening with the Venetta. The problem with live music is that our
[3:22:54] noise ordinance doesn't necessarily mean someone else won't hear it. It's pretty high compared to
[3:23:01] to what a neighbor might complain about.
[3:23:04] So I think if you do just what we did at the Carriage House,
[3:23:07] which was inside and look, we can make it greater later.
[3:23:11] But I feel we should keep it consistent with that,
[3:23:14] which is I believe three instruments.
[3:23:17] What was it Wayne?
[3:23:19] I think you're in a correct three.
[3:23:20] I think three are Carriage House.
[3:23:22] And that's what I think we should do here.
[3:23:25] I mean, he's giving me a thumbs up.
[3:23:27] Is that okay?
[3:23:28] Okay, they're fine with that.
[3:23:30] Thank you.
[3:23:30] So I have a couple more.
[3:23:32] Don't we need, because the Carriage House was operating it,
[3:23:36] in order to have this agreement.
[3:23:38] Don't we need the club operator,
[3:23:41] because they're going to hire an operator,
[3:23:43] because if these things are going to be operated
[3:23:45] by LW Hospitality, and he'll have a manager that,
[3:23:49] so think of Mario who runs the Carriage House,
[3:23:51] or he's an employee of the Carriage House.
[3:23:53] So there might be some sort of management agreement,
[3:23:56] but the owner is LW.
[3:23:58] And we have in here that if if that changes just maybe they have to come back to us.
[3:24:02] I thought so we did like me as we did a club operator, dance floor we're going to talk
[3:24:10] about after, you did the 545 correction,
[3:24:18] so it says it is the intent of this agreement to
[3:24:21] preserve the residential character of the eastern portions of Sunset Avenue and Sunrise Avenue,
[3:24:27] etc., I think we should take out it is the intent and say one of the intents, because the
[3:24:32] intent of this agreement is to provide, you know, the parking, the traffic, so I just
[3:24:39] didn't like it is the intent of this agreement. If you could just put it is one of the
[3:24:47] intents. Yeah, just add in one of the intents of this agreement. As long as we don't have to
[3:24:55] come back to show that it says one of the intense I agree to that. Okay. Then under
[3:25:01] for paragraph 13 is just because that's not the only intent. Then there is also a conflict
[3:25:11] in the second part of this. This parking prohibition on Sunset and Sunrise Avenue shall
[3:25:16] be enforced through the rule book of the club, which will not only state that prohibition,
[3:25:21] but also include penalties.
[3:25:23] And then below it says the club will issue periodic reminders
[3:25:26] to come members of this policy
[3:25:28] and may develop sanctions or penalties.
[3:25:31] So I just think we have to decide which
[3:25:33] is it going to be shall?
[3:25:35] So you're going to have penalties or it's going to be may.
[3:25:40] Do you see what I mean?
[3:25:41] There's a conflict.
[3:25:42] One is shall, one is may.
[3:25:44] I see what you mean.
[3:25:45] So the, well, there's two different things you're doing.
[3:25:48] One is you're enforcing it.
[3:25:49] The second is you're sanctioning.
[3:25:50] so you shall enforce it, so how I don't want it.
[3:25:53] But it says develop sanctions and or penalties.
[3:25:56] It's the second part, because above you say,
[3:25:59] it will have penalty show, and then below it says, you may.
[3:26:03] So if you take the penalties out, fine.
[3:26:06] But I'm just saying they are contradictory,
[3:26:08] so whichever way we all decide.
[3:26:11] Say it in politics.
[3:26:12] So I think the intent of this is if there's a deadbeat member
[3:26:16] who's breaking the rules all the time
[3:26:18] that they should be sanctioned.
[3:26:19] But if you make a mistake, so I kind of want to leave that up to the operator, you know,
[3:26:26] and you guys are going to know if people are parking illegally and that's going to be a problem with it.
[3:26:29] I'm just saying, all I'm saying to you is the first one that needs to say may.
[3:26:33] Then let's say one says one says may and we all have to decide.
[3:26:37] The second one should, maybe should read and may impose sanctions and or penalties against member.
[3:26:44] The first one says how that they're going to be penalties the second one says should be, you know, I agree.
[3:26:52] May impose.
[3:26:53] I agree.
[3:26:54] It's a valid penalties in the rule book and it's up to the club when to apply those penalties.
[3:26:58] Correct.
[3:26:58] That's right.
[3:26:59] So it's May in the second one.
[3:27:02] Yeah.
[3:27:02] Or you could put May in the first one.
[3:27:05] You want to say Shelby enforced through the rule book.
[3:27:08] But then the second part, which may not only state the prohibition, but also
[3:27:14] include penalties. That's how you fix it above.
[3:27:17] I think may impose sanctions like Bridget said, fixes that truly.
[3:27:21] Okay. May affect those sanctions.
[3:27:23] Yeah. That way it leaves it at your discretion that you're going to penalize somebody
[3:27:26] or not. There you go. I just didn't want you to have it.
[3:27:29] No, that makes a conflict.
[3:27:30] Last sentence of 14, any modifications to the valet plan shall require valet operation to remain
[3:27:36] on the property and not on any public right of way.
[3:27:39] And I'm wondering if we should say must come to the council or is that it's just going to be the same.
[3:27:47] I suggest that like we do for in town, I think it shall anything that they move the valley should be approved by the PD.
[3:27:55] Yeah.
[3:27:56] That's what I was going to say.
[3:27:57] Well that's already in that paragraph.
[3:27:58] The whole intent of that paragraph, I see.
[3:28:01] No, it's not.
[3:28:02] It says modified by the police number of valley is maybe modified.
[3:28:05] But that's because there is an annual valet permit application made by everybody with a valet operation in town
[3:28:12] It goes to the police department for their review and approval and the chief actually issues a permit for that valet operation
[3:28:19] And I believe it's only for a period of one year
[3:28:22] Okay, but what if they make a change in the middle of the year?
[3:28:24] Can we still go back to the police department automatically?
[3:28:26] It does automatically, right even without that language in great. Okay, um, then the next one under 17
[3:28:36] Is the exhibit in here at the total club dining seats, including Blah's, blah blah blah,
[3:28:41] as shown in the seating plan?
[3:28:43] It's just the seating plan, to me, that's been approved in the site plan.
[3:28:46] Okay, that would be good.
[3:28:47] I just didn't see it.
[3:28:49] Do you want me to keep going into someone else?
[3:28:51] I have something.
[3:28:52] Okay, under 19.
[3:28:54] I just thought we might put, we just discussed it.
[3:28:57] We might put under excuse me, 18.
[3:29:02] And unless we can work out something somewhere there, because what if public work says,
[3:29:08] okay, you're going to deliver it, because I think we might be able to depend on a pawn,
[3:29:12] and please don't get upset with me.
[3:29:14] I'm just trying to figure out the right way.
[3:29:16] If they allow deliveries at 9A, excuse me, between 6 and 730 on North County, 6AM and 730,
[3:29:24] then we might be able to use that.
[3:29:26] So I just wondered if if we can do something about, you know, if in the future they permit
[3:29:34] North County, we will do deliveries.
[3:29:37] Something like that, because public works may decide that it's okay for you to do deliveries
[3:29:42] on North County, which obviously would be far better for all the residents.
[3:29:48] What can we just talk about that after six months and see how it's happening?
[3:29:51] Absolutely.
[3:29:52] We want that to happen.
[3:29:53] I asked a question and I was told no so I'm asking if you want me if you want me if you want me to but I don't think they're gonna say yes
[3:30:00] Now, I agree, but just in case, under number 22, the club still issued periodic members. I think you mean reminders to club members.
[3:30:13] Then under 23, the club should return to the council after six months of operation. I want to make sure because we did not have to talk about this, not after a soft opening, but after a full season of full memberships.
[3:30:30] something like that because it can't just be a soft opening and I believe it should be
[3:30:34] and we discussed for two years that you come to us not just that's in there, Julie.
[3:30:40] Where?
[3:30:41] I'll period of two, it says seasons I said years but okay, I did the soft opening, then we did
[3:30:53] 1130, what the part is open.
[3:30:56] The maximum seating of Cafe Restaurant
[3:30:58] shown on the approved plan shall not exceed 60 seats,
[3:31:02] which maximum of 20 may be located out door.
[3:31:07] Oh, I'm so sorry.
[3:31:08] I'm on number one.
[3:31:09] One under Cafe Restaurant use, which is 114.
[3:31:15] 114.
[3:31:17] It says the maximum seating of the Cafe Restaurant
[3:31:20] on a approved plan, shall not exceed 60 seats, of which maximum of 20 may be located outdoors.
[3:31:27] I put one club as open. I'm not quite sure what I'm not by that. But is that-
[3:31:33] No, the club's up and during the day on Saturday and Sunday.
[3:31:38] The max is never going to exceed 60.
[3:31:41] Okay. And the, our, no, I know what I'm talking about.
[3:31:44] I know what I'm talking about.
[3:31:44] I know what I'm talking about.
[3:31:45] I know what I'm talking about.
[3:31:45] out doors. 20 right. 20 right. Those 60s can be outside. Okay. And this includes bar seats if you have a bar
[3:31:51] correct. Yes. Okay. Because I didn't. Well, see it in here. Julie, let me go back to 20. Oh, God. Oh, go back to
[3:31:58] one. 23. Yeah. Yeah. And the club shall return. Concerned if you changed that language to the club
[3:32:05] shall return after one full season. That that to mean if they open in February March April. That's not
[3:32:15] No, but don't you want them to come back sooner the first time I see what you're saying
[3:32:20] Well, then it would be three full seasons because it says I think it should just be six months after we opened
[3:32:26] Yeah, and why would you wait were you okay with the first time then you could say come back in another six months
[3:32:32] Right, but I would like to say also two full seasons of operates. That's in the next one. That's what it says
[3:32:39] That's in the part about us coming back in as second sentence right but not including a
[3:32:43] I just want to use the operation following the date of club opening.
[3:32:48] But we want to put not a soft open. In other words,
[3:32:51] Carriage House did a soft open.
[3:32:53] That would be what the opening is.
[3:32:55] Okay, if you just want to be sure that's in there.
[3:32:57] Then that was all you had to join.
[3:32:59] On that.
[3:33:00] I'm almost done.
[3:33:06] Under.
[3:33:08] Why if club gets deliveries on.
[3:33:11] Okay, we already did that.
[3:33:12] Under one under remedies for violation.
[3:33:16] I just want you to know that time frame needs a, it's just a scrubinar, it needs a space in between it.
[3:33:24] And then I wondered what the meaning of and do we have to have it in the third to the fifth to the last sentence.
[3:33:33] The code enforcement board may leave levy fines, successors and assigns further agree.
[3:33:38] So, signs of up to 5,000 per day for each violation took corrected.
[3:33:43] If the code enforcement board finds the violation to be irreparable or irreversible in nature.
[3:33:48] Do we define what irreparable is somewhere because that needs to be, is that an example?
[3:33:54] We can't define it ourselves, it's in the Florida statute.
[3:33:57] Okay, just wanted to be sure.
[3:33:59] And then we talked about run with the land, so we've already figured that out, word says
[3:34:06] This agreement shall run with the land.
[3:34:10] We already figured that out.
[3:34:11] We're going to change something I can't remember what it was.
[3:34:16] Approval of a special exception.
[3:34:19] I think you're going to try to clarify a little, correct?
[3:34:21] So I think we tried to clarify it verbally, which is
[3:34:25] Lew and Sussan that we have a deed restriction.
[3:34:28] Right.
[3:34:28] The protection of the neighborhood.
[3:34:30] So that means that a future purchaser of this property
[3:34:33] would have noticed in title that these restrictions exist.
[3:34:36] Before they could start operating any special exception use, they would have to come for you for an assignment of this agreement and approval of a special exception at which time you could impose whatever conditions you want.
[3:34:46] Okay, so we can change the feeding and things.
[3:34:48] Yes.
[3:34:49] I think it's better for you to have that in there than it is for us.
[3:34:52] But we could change the seating. I just want to make sure how many people can enter a special exception. Yes, that's a new application.
[3:35:00] Okay, and that is it. I'm sorry I know it was a lot, but I really feel those things needed to be dealt with.
[3:35:06] as far as the dance floor goes, and so we're going to discuss that next.
[3:35:11] Would you leave some of us have questions?
[3:35:13] Okay. Oh, can we go to other people?
[3:35:15] We can come back to you.
[3:35:16] If you're finished.
[3:35:18] Okay. Bridget, do you have some eye?
[3:35:20] I just wanted clarification, and I didn't want to interrupt.
[3:35:24] So after 23, we're about, sorry, paragraph 23, page 7.
[3:35:29] So the, I don't know, it's page 7.
[3:35:35] get an iPad. All right. So we're basically leaving it the same as that correct.
[3:35:42] I think you should keep it six months after we open. Six months after we did the
[3:35:47] hello how are you? And then it's two full days and then after two seasons, two full
[3:35:52] seasons, you're entitled to come back with a request for a change. Okay. Thank you. It was just
[3:36:00] That they go ahead, join, I'm sorry.
[3:36:05] I was asking that they come back to us in case we need to make changes or anything for two seasons.
[3:36:12] Not just that they can come back to us.
[3:36:14] Doesn't this say that no, it says it's prohibited from seeking revisions.
[3:36:22] But I don't want them just to come here after six months.
[3:36:25] I want them to come after two full seasons, come each time.
[3:36:30] So we can see, make sure everything's okay.
[3:36:33] So after six months, they'll come to us and talk.
[3:36:36] Then the next year after full seasons, that's why I was saying...
[3:36:39] Well, they kind of cover it because we say town console
[3:36:42] after six months of operation during the period from November 1 to April 30th.
[3:36:47] So that's one full season.
[3:36:48] Right, but I want to do two seasons.
[3:36:50] That was my point.
[3:36:52] So they come back, but it's two different things.
[3:36:54] Once they're coming back, and we're going to have all of you.
[3:36:56] She wants to have a tie.
[3:36:57] I want us to evaluate them twice.
[3:36:59] Well, can you can ask them?
[3:37:01] They'll come back in six months.
[3:37:02] Yes, we can.
[3:37:03] And you can ask them to come back again in six months.
[3:37:05] Can we do that, Joanna?
[3:37:06] If it doesn't say that in the declaration of you.
[3:37:09] Oh, yeah.
[3:37:09] The next council.
[3:37:10] The next council.
[3:37:11] In the declaration of you.
[3:37:15] We don't say it.
[3:37:16] Usually we say it.
[3:37:17] So I'm just asking, Joanna.
[3:37:19] Yeah, I mean it.
[3:37:20] Why don't we come back six months after and 18 months after?
[3:37:23] Okay, that's that's two full seasons well, I don't think that's weird
[3:37:30] Right, you're exactly right, because we're the way that it's landing is you'll come back after two seasons, only one time.
[3:37:39] I think what Julie would like to happen is you come back to us.
[3:37:42] And then you come back again after the following season hasn't passed.
[3:37:46] Yeah, that's what I'm asking.
[3:37:47] So we're asking you to come back twice, not once.
[3:37:50] But then if you want to change, you have to wait till two, two full seasons.
[3:37:55] So maybe at that second review, you could also request a change.
[3:38:00] Is that making sense to you, Jamie, do you understand?
[3:38:03] I'm happy to come back whenever you guys want me to.
[3:38:05] So if it's six months and then what I'm saying is that you should make it a year after that six month review,
[3:38:11] there should be another one, which would be 18 months.
[3:38:14] Perfect.
[3:38:14] Just say, we'll come back six months, we'll come back 18 months.
[3:38:17] I still would like to see in there, though, after full up,
[3:38:20] because we'll get full opening in there.
[3:38:22] Okay, please.
[3:38:23] I don't want soft opening.
[3:38:25] No, that was great, Bridget.
[3:38:26] Good question.
[3:38:28] Okay.
[3:38:28] Okay, I'm just going to go through a couple things for clarity and that I always get a little bit concerned about.
[3:38:35] I think last month I talked about the fact that other clubs in town don't serve really late.
[3:38:44] And we agreed on a closing time of 11.
[3:38:48] And so one of the questions that I have is under number 5.
[3:38:52] it says, you know, all, you know, we know, no dinner reservations made earlier than 6 p.m.
[3:39:00] and shouldn't we have later than 9 p.m. or something?
[3:39:05] This would be page 110, if you're back up.
[3:39:07] Oh, what number does that then?
[3:39:10] Thank you.
[3:39:11] Seven.
[3:39:11] Yes.
[3:39:12] Seven.
[3:39:13] And the only reason I bring that up is because you don't want to have somebody be sitting there,
[3:39:17] you know, going way into 11, 30, 12, and they go, oh, well, they just sat down and
[3:39:21] 11 or at 5 to 11 and none of the other clubs allow that and you're telling us so we have to
[3:39:29] close it 11 Bobby I know but but I don't want to have people who I don't think not I don't think
[3:39:34] you're going to throw them out even if they haven't had their dinner nine o'clock seems totally
[3:39:38] unreasonable to say something okay well that's what most the other clubs in town are
[3:39:42] Everglades I think can manage that to win there's not I mean if there's not enough people coming in
[3:39:47] they're going to close the kitchen because it's not financially viable to keep it open so I mean that's
[3:39:51] business decision.
[3:39:52] Everybody out of the left.
[3:39:53] Everyone has to be out of the left.
[3:39:55] So I'll leave that alone.
[3:39:57] But I just have some heartburn about that because the others actually have hard, hard
[3:40:03] last time.
[3:40:04] I have the most of the reservations.
[3:40:06] You can't sit down at the Silver Club after nine unless it's like the other.
[3:40:09] But Bobbi adds that.
[3:40:10] That says you have to exit.
[3:40:11] I mean, I admit that those are those are rules that the clubs have set up on their
[3:40:15] own to comply with requirements, right?
[3:40:17] Like this one that it has to be.
[3:40:20] Alright, close. Okay, we'll try it and we've got to play P.V. Let's see.
[3:40:32] Okay, I think we talked about it. Well, where am I on the music? I think they've got to start out with no amplified music.
[3:40:39] I mean, I could serend about 11 o'clock. You know, there's people who are sleeping right behind them.
[3:40:45] You know, so amplified music.
[3:40:46] All ready, Bob, or three. They already agreed to do that.
[3:40:49] Right, so we're okay with that.
[3:40:51] I'm okay with that yeah and just three pieces. Obviously if it's settled okay and
[3:41:10] We went through most of these drill and so.
[3:41:26] So it says that a maximum seeded cafe,
[3:41:30] no let's say cafe hours seven to four,
[3:41:33] and it says no part is acknowledged.
[3:41:36] The seats cannot be converted to dining seats in the club
[3:41:39] or lounge bar seats in or outdoors.
[3:41:44] I mean I just worry about that wasn't specified.
[3:41:48] This is on page 114, and we don't want to have those outdoor cafe seats, they're sitting there,
[3:41:55] somebody's now taking their drinks and sitting outside, and they're all having, you know, a grand old time.
[3:42:03] It's no, it just says, this is on page 114 at the top, the cafe hours, we'll be limited to 74,
[3:42:10] and then parties acknowledge that they approved seats for the cafe,
[3:42:13] to not be converted to dining seats, and I want to say four to lounge seats in the courtyard
[3:42:20] or bar.
[3:42:23] But can you tell us what paragraph you're?
[3:42:24] That is paragraph three on page 114.
[3:42:29] Under the cafe.
[3:42:32] Under the cafe.
[3:42:33] Yeah.
[3:42:35] Right.
[3:42:36] Well, the intent of that is not to increase the seating capacity for the club.
[3:42:42] If I'm tired, and I want to sit down in the courtyard, that's what that's for.
[3:42:47] As long as you're not a worker.
[3:42:48] My grandmother is there to sit down.
[3:42:51] No, that's the intent, as you can't do it.
[3:42:53] Dining seats, I think the intent of that restriction was you can't use that to increase the capacity for the club to have operations.
[3:43:02] That's what that is.
[3:43:04] So, oh, I'm saying is the club lounge or bar or restaurant.
[3:43:08] You're not increasing it for.
[3:43:09] I mean, we just don't want people, I think they'll probably see somebody's tired and they're waiting for their
[3:43:15] Rampunk's husband inside, they could sit out there by the way. I'm not talking. Hold on
[3:43:22] Yeah, we're sitting in a chair, but I just want to turn into a bar out there. Bobby. I'm just a courtyard. So it says that the proof seats for the cafe
[3:43:29] She'll not be converted to dining seats in the club. So I mean, do you want to just take out dining or just take to seat?
[3:43:36] Is it your concern that that might mean or bar seats or, you know, or lounge seats out?
[3:43:43] I'm really concerned, where the noise is going to travel if they're out in that courtyard in the evening.
[3:43:49] You know, that's great.
[3:43:52] But to, but to still travel.
[3:43:54] Jamie's point.
[3:43:55] I mean, someone who is at the cafe could sit there.
[3:44:00] You know what I mean? Like that's not going to prohibit people from sitting if there's outside seats.
[3:44:07] It's just impossible to regulate the way you're trying to say it.
[3:44:10] So what we're saying is it can't be converted to increase the capacity of the club, which is everyone's concern.
[3:44:16] Okay, and that includes the lounge and that includes the lounge.
[3:44:19] That includes the lounge.
[3:44:19] That's fine.
[3:44:20] Or the bar.
[3:44:21] Because
[3:44:25] otherwise that becomes an additional place.
[3:44:28] Do you know what I mean? The cafe seats need to go in.
[3:44:32] Well then, then you go and have somebody who can sit out there and they want to get away from the noise.
[3:44:36] There are stone ventures out there, you're going to bring them in.
[3:44:40] They can sit there, I'm just saying, you don't want it to become like everybody.
[3:44:44] You know, a bunch of people want it.
[3:44:46] Look, if this is a problem, we will visit them when they come back.
[3:44:49] But you understand what I'm concerned about.
[3:44:52] We just take out the word dining.
[3:44:53] People going out there and they've got three drinks, three people.
[3:44:56] They're sitting out there and then it becomes the lounge outside.
[3:45:00] If it's causing a problem, it's not meant for, it's not meant to be that.
[3:45:07] Yep. Right.
[3:45:17] Okay. Yep.
[3:45:20] Who's next on the board? Nobody's on the board.
[3:45:24] That I see, is anybody else want to have any things they want to tweak?
[3:45:28] Any public comment? Then I'm going to go to public if nobody else does up here.
[3:45:32] Okay. Anybody from the public like to talk about some of them.
[3:45:37] Yes, I've already said this, the only thing you can talk about are changes to the declaration
[3:45:42] of use or comments on the declaration of use.
[3:45:45] We've already visited everything else at NOS.
[3:45:48] You
[3:45:53] ready?
[3:45:54] Yes, you're ready.
[3:45:55] Hi.
[3:45:55] I'm Rob Spat from 150 North Ocean Boulevard.
[3:45:58] I've spoken before.
[3:46:00] And one of the topics I have a spoken about at each meeting is the exit protection onto sunrise.
[3:46:08] And Jamie, I'll direct this in part to you, I've been away for a few weeks, I haven't been able to read the last draft.
[3:46:15] I was told that the language about protecting sunrise and putting it in a gate and putting in bells and putting in lights.
[3:46:23] And that's something that most of you all had agreed that you were expressed to view that you wanted this to be in.
[3:46:29] Isn't in here.
[3:46:32] And so Jamie, and I can't read this from back there, my eyes aren't good enough.
[3:46:36] So I just can't tell whether it's here or not.
[3:46:40] So Jamie, is it in here if so could you read it?
[3:46:43] And Joanne, Joanne, do you know if it's in there?
[3:46:45] Or Joanne.
[3:46:47] And because what I was told is it didn't get in.
[3:46:54] OK, so to the point, to that on the record,
[3:46:56] I agree to put that in.
[3:46:58] It's a sidearm gate that stops people from flying out.
[3:47:01] With, with, with, I don't want any, no, no, noises.
[3:47:03] No, nothing.
[3:47:04] But something that alerts the, as I, as I recall the conversation, since I'm the one, my
[3:47:12] time's here, no, I did ask you to come up, but, and please stay. But as I understood
[3:47:18] the conversation, there was to be a clearly a gate. There was to be something that would
[3:47:23] alert the public that there was about to be a car going by, so some kind of whether it was
[3:47:29] flashing light or noise, and certain circumstances there was even potentially to be a guard
[3:47:37] there, perhaps during the New Year's party or something else.
[3:47:40] This is a real issue.
[3:47:41] It's an issue for older people, it's an issue for kids, it's an issue that all of you
[3:47:46] seem to express concern about, and you agreed to put it in there, and it kind of annoyed the
[3:47:50] hell out of me that here we are on the final draft, and it's not there, and I shouldn't
[3:47:55] have to be checking to see if it's there.
[3:47:57] Thanks very much.
[3:47:58] Thank you.
[3:48:00] I agree.
[3:48:01] Let's have Jamie.
[3:48:02] Mr. Scott.
[3:48:04] I apologize.
[3:48:05] I intended to put that in.
[3:48:07] I have agreed that we will do that.
[3:48:09] And what we intend to do is a sidearm gate that we've done on other properties.
[3:48:14] I would just say maybe you put a condition that we coordinate with public works on how that happens
[3:48:18] because they have restrictions on how these things work.
[3:48:21] Arnton is to put a gate before the sidewalks so people have to stop before they go out and if, you know, I would
[3:48:31] Would that
[3:48:33] But that's
[3:48:34] Public works has all sorts of rules on that so all I can do is say that we'll coordinate with them
[3:48:44] Yes
[3:48:46] There will be, and there will be, there will be, and there will be, and there will be language also in the document that demands that there's a gate with a light and a proper.
[3:48:56] So you can, you can, you can, you can work that out.
[3:49:00] It's with, it's what public works will allow. The engineers,
[3:49:08] these things are typically lit.
[3:49:09] I agree, something like that, because we'd like to have the language of the light in there.
[3:49:17] So public works can say, okay, council wants the light.
[3:49:23] I think a lot of these gates have lights when they go up.
[3:49:25] I would say, if you don't mind, I'd still really appreciate having it in there.
[3:49:30] I think Joanne knows what to do.
[3:49:32] I didn't mean to.
[3:49:33] You can do Jamie and public works.
[3:49:35] Thank you, Jamie.
[3:49:38] Okay.
[3:49:40] Any more public comment?
[3:49:41] Yes, sir.
[3:49:42] Great.
[3:49:43] The Director,
[3:49:46] John.
[3:49:46] You being 605, North Island Avenue, representing the kind of any
[3:49:50] Machinations.
[3:49:51] Look through this and you got two letters from you as you know.
[3:49:54] Number one is really about noise issues.
[3:49:57] And we're not going off the subject, I think, as far as we're not saying we're going to open up something
[3:50:01] that we're talking about from the original approval.
[3:50:04] But instead of showing that what you did in the past was once you had everything done,
[3:50:09] you made people put into their declaration of use in a cafe to tomorrow.
[3:50:13] You made them attach it to them to do a noise study.
[3:50:17] What's going to happen?
[3:50:18] We all keep talking about what's going to happen,
[3:50:19] how loud is it going to be next door to the neighbor?
[3:50:22] What are we going to do in those things?
[3:50:23] In those two, and also in the carriage house,
[3:50:26] you actually had some body after go do an actual study.
[3:50:29] So you had kind of a baseline of where you were,
[3:50:32] what the experts think you should be at.
[3:50:34] And then if you go over that,
[3:50:35] And then at least, you can know what your expert thing should be, et cetera, and also then
[3:50:42] you get out of that issue of, hey, everybody's got to be a code enforcement, and everybody's
[3:50:46] got to call code enforcement all the time.
[3:50:48] But if nothing else they had some of the issues that were good to know, and then we'd probably
[3:50:53] be excellent here too, look, volume controls by management, by that app, sound pre-recorded
[3:51:00] or otherwise, wants to one permanent health system, so you don't get some days you get
[3:51:05] Some days you get small speakers, you have the same set all the time.
[3:51:10] Audio signals can be processed to these digital signals,
[3:51:14] which means it will automatically tone down the noise if it gets too high.
[3:51:19] So you never get to those arguments.
[3:51:22] Permanent audio systems should be used not,
[3:51:25] you know, speakers who come in if you're using live.
[3:51:27] You should use your stuff.
[3:51:29] All of these things were very interesting in the last month
[3:51:31] they think we had, you know, the lady who came in from the
[3:51:34] why communities report, which said, well, you got to add in some of these other effects
[3:51:38] from these sounds, whether it's on top, whether it's something else, et cetera.
[3:51:45] All of these things, you know, they found that some of these noises are going to drive some
[3:51:48] of your neighbors.
[3:51:49] It would be nice to have that knowing that before the declaration of use is done, and that's
[3:51:54] been kind of the way it's been done, and the past is look at it now, and then attach it
[3:51:59] even to the declaration of use.
[3:52:02] As far as the declaration of use, it sells.
[3:52:05] There's a handful of things we had, some of which, obviously,
[3:52:07] I think the Jamie's already hit, and some of which
[3:52:09] I want to talk about real quickly.
[3:52:13] I think we talked about paragraph 4 was interesting
[3:52:16] because we talked about there shall be no dance floor
[3:52:19] amplified in live music in the club.
[3:52:21] Well, guess what?
[3:52:21] I got a bunch of people who wrote me and said,
[3:52:24] does that mean they can have amplified non-live music?
[3:52:28] Does that mean you can have a DJ?
[3:52:30] For what? Anything? If you're just saying this is the only thing I'm restricting, that leaves open the open set of almost anything else that doesn't make that definition precisely. So if you want to say that there's no music in the courtyard, say there's no music in the courtyard, don't leave it open for another day.
[3:52:46] paragraph 10 real quickly was, I mean it's a little bit of a change where you say that we
[3:52:51] will make a valuable versus before it sounded like you had everybody had to use it or required
[3:52:58] to use it, paragraph 13, I think it's just a typo, you have in paragraph 13 on the 1,
[3:53:06] 2, 3, 4, 5 sentence, you say, that the residential not to allow members and guests of the
[3:53:13] park on Sunset and Sunrise, which you struck out Sunrise, but then the next sentence says,
[3:53:19] these parking prohibitions on Sunset and Sunrise, so that shouldn't have been tricking
[3:53:24] out as well. Let's see what else we're getting.
[3:53:28] Yeah, the pick up, and let's see.
[3:53:36] Oh, and paragraph 10, paragraph 10, it reduces the valet
[3:53:41] from being required to shall be made available, which is a little bit different.
[3:53:47] if you, everybody has to use it versus you can,
[3:53:50] or you don't have to, from that standpoint.
[3:53:55] Let's see, we've got-
[3:53:57] Wait, do we change it?
[3:53:58] So, here's a question.
[3:54:01] I'm walking.
[3:54:01] So, that's not like.
[3:54:03] Why do I need to use a valley?
[3:54:05] Well, I'm just saying that it's not like that.
[3:54:07] So, the next one was-
[3:54:09] Oh, what happens if I parked-
[3:54:11] No, but I couldn't have parked down the street at public.
[3:54:16] I mean, I could, there's, I'm just saying, there's open parking on the street and what
[3:54:21] happens if I went, I don't know, if I went to Trevini for dinner, I'm parked at Trevini.
[3:54:26] You can do that.
[3:54:28] And then the club, no, I can't, because you told me I had to valet if I'm using the club.
[3:54:31] If you're going to, well, if you're going to go there by car, then maybe you want to
[3:54:35] say, but I'm, I don't see that, you're going to go walk around.
[3:54:38] Well, I'm just saying, if we're nitpicking, do you agree with it?
[3:54:42] No, I'm just saying.
[3:54:43] I can't park at Trevini, I walked to the club, can I?
[3:54:46] But it's within the radius.
[3:54:47] Excuse me, if you walk to the clubs,
[3:54:49] do you want to ballet to carry a minute and a minute?
[3:54:52] I'm just saying, if we're going to nitpick our way through the club,
[3:54:57] so we're trying to talk about it.
[3:54:58] I'm adding to hopefully get a little of that extra time.
[3:55:01] I'm using some, some leeway to it.
[3:55:03] Yeah, so I think number 15, we looked at,
[3:55:06] and number 15 was allowing for drop-off members.
[3:55:10] You struck after six p.m.
[3:55:12] So you're going to have what drop off people earlier in the day
[3:55:15] during the middle of Russia, right?
[3:55:17] I don't know.
[3:55:18] That was a question that I got asked as well.
[3:55:21] Let's see.
[3:55:23] Do you need to say after six o'clock?
[3:55:25] Is that what you're saying?
[3:55:25] It used to say after six o'clock.
[3:55:27] It was taken out.
[3:55:28] No, why that was taken out?
[3:55:29] Joe and
[3:55:34] all of a sudden.
[3:55:35] I don't know.
[3:55:35] I think it's usually it was at six p.m.
[3:55:37] or after six p.m.
[3:55:38] Whatever it was, but it was stricken out.
[3:55:40] And that's the questions that I get asked from some of our folks.
[3:55:45] paragraph 19, we had issues with paragraph 19, which then gets repeated as well, and to the
[3:55:53] clubs, I mean, from the club and also the cafe. Part of the first question was, and everybody
[3:56:00] in our side also likes the fact, if we could get these deliveries on North County, we're all
[3:56:05] in for it too, and votes it up, you know, well past our folks issues. So we would be in for that
[3:56:12] Well, the concern became partially that I know we're trying to talk about, you know, you know,
[3:56:18] vehicles that can make it through without backing up, but it's starting time was going to six o'clock in the morning.
[3:56:25] And nine o'clock is pretty early for people who mostly are retired and don't really want to be woken up at six o'clock.
[3:56:31] So we were talking about hours of operation on that being pushed back as well.
[3:56:38] They're also, I think it talks about plural zones.
[3:56:40] I think there's only one loading zone on the sunrise.
[3:56:43] And again, that'd be a great argument to make
[3:56:44] why we need to have something on North County as well.
[3:56:49] The other thing is people are concerned about loading
[3:56:50] and unloading made just west of Paramount's driveway
[3:56:54] because you can't see a thing if you come out of that driveway.
[3:56:57] There's a standing zone, and if that standing zone isn't,
[3:57:01] enforced what we see right now, prime truck, prime truck,
[3:57:04] Everybody goes runs in there, which leads to a different issue.
[3:57:08] We still don't know if there's any restrictions on hours,
[3:57:11] or where they can load or unload for the retail,
[3:57:14] because retail seems to be using the stop standing area.
[3:57:17] So those are some of those hours and everything
[3:57:19] are also in Article 6, paragraph 5,
[3:57:22] which is for the cafe.
[3:57:23] It kind of repeats itself.
[3:57:25] The church use got a little bit of questions from that
[3:57:27] because the church is very clear now
[3:57:29] can only be used for worship services,
[3:57:31] But the next sentence, and that sentence says, the language says,
[3:57:37] crosses out, and crosses out, church services and use and instead use uses.
[3:57:42] Everybody's worried about uses are going to be expanding things, events,
[3:57:47] but we're talking about weddings and receptions and all that stuff.
[3:57:51] I don't know why we switch from service, which we know is what it says, to use this.
[3:58:00] Could be, so the church can never be, I mean, we always think everyone is worried that the church
[3:58:05] is going to get a gobbled up by the club, so it should be that the church really can
[3:58:09] never be incorporated into the club would be something we'd like to see as well.
[3:58:15] We've already touched on the failure to address noise issues and they have it to maybe
[3:58:20] even attach to your DAVU.
[3:58:23] Let's see.
[3:58:27] So, the continuing, I touched on the continuing missing restrictions for retail and the hours
[3:58:32] and that, because the other issue, if you don't have that, then how do you enforce what
[3:58:37] do you enforce?
[3:58:38] Who enforces it?
[3:58:39] There is nothing in the declaration of use.
[3:58:42] So, they're going to say, we don't have those restrictions on us.
[3:58:46] We talked about the continued, I think, the, include the safety features, excuse me, which
[3:58:53] I'm spent talked about in detail.
[3:58:56] I think that's most of the issues we were looking at,
[3:58:59] and I'll take a quick drop-do,
[3:59:01] and I'll make you be able to get back a few minutes here too.
[3:59:05] So I think what we're talking about
[3:59:07] is those items that we've flagged.
[3:59:09] That's mainly what we're looking at,
[3:59:11] and somebody else can tell me if we've got any other ones.
[3:59:14] But some of the early times,
[3:59:15] some of the things that we're kind of skipped over,
[3:59:19] and the noise issue and a study for at least a baseline
[3:59:21] for what should an operating be.
[3:59:24] And we are also concerned a little bit about, you know,
[3:59:27] what is the operating entity going to be?
[3:59:29] Well, last time when we had the carrier chest,
[3:59:31] they had the operator here.
[3:59:33] And then they switched out to Mario and Mario's great.
[3:59:35] Last time, Paul Mouse, we had the operator here,
[3:59:38] and we had an executive who could tell us why they thought
[3:59:41] some of this things were or weren't going to be.
[3:59:44] It wasn't just a future, we're going to hire somebody.
[3:59:47] It was we have them here now.
[3:59:48] I appreciate it.
[3:59:49] That's the end point.
[3:59:50] Thank you very much.
[3:59:51] Thank you John.
[3:59:57] It's some stuff from that.
[3:59:59] Anyone up?
[4:00:11] Hi, I'm Rick Smith, 133 Sunrise Avenue. I'm immediately adjacent to the Paramount as 42 of my
[4:00:20] neighbors are and a whole bunch of other neighbors in this area. As you've heard previously, we're all concerned
[4:00:27] about this and various reasons. John, we'll have to talk about noise, which is very important
[4:00:34] to us, people sleep with their windows open, their doors open, they're elderly, and that's
[4:00:40] kind of a disturbance.
[4:00:42] We're also concerned about the odor coming from the commercial kitchens, which have high
[4:00:48] intensity blowers on them, and we're concerned about the odor area in the proposed declaration.
[4:00:55] It says it'll be a service once a week, but unfortunately that doesn't say anything about
[4:01:00] it, what happens if there's odor, it just says it'll service once a week, and we're
[4:01:04] sure what the remedy for that is for us when we're getting illiterate.
[4:01:09] One other thing we're very concerned about is parking.
[4:01:16] The comprehensive plan, and we have a special exception going at a CTS zone, and it's governed
[4:01:23] by the comprehensive plan.
[4:01:26] So we have 42 parking spaces, other property, our town engineers, so there's no valet parking
[4:01:33] on Sunrise Avenue.
[4:01:34] We have contention with Elifante 284 space,
[4:01:39] a tables.
[4:01:40] We have the synagogue, which has been approved.
[4:01:43] That parking has to be worked out.
[4:01:45] And we have St. Edward's church.
[4:01:47] And the one has talked about the center of very strong letter,
[4:01:50] saying they don't want anybody on their parking lot.
[4:01:52] And they want penalties.
[4:01:54] And there's nothing but a dress on that.
[4:01:56] So we're very, we'd like some clarification on.
[4:01:59] And we haven't had an expert report on parking.
[4:02:01] So we like some kind of clarification on, you know, where are these cars going to park?
[4:02:18] Okay.
[4:02:22] Is that it?
[4:02:22] I'm sorry.
[4:02:23] Any other comments?
[4:02:25] Yeah.
[4:02:25] Thank you.
[4:02:28] Alcohol servers can get a certification that they are trained to be alcohol servers.
[4:02:34] There's a shuttle operation that comes from West Palm Beach from before 7 o'clock in
[4:02:39] the morning until after midnight.
[4:02:40] There's been no talk about how that shuttle operation is going to work and how it's going
[4:02:44] to fit in.
[4:02:47] This operation, if it wants to be expanded, under the requirements, it has to go back to a special exception.
[4:02:55] It can't come back to town council to be improved, under the comprehensive plan, under the rules.
[4:03:01] The town council can't approve a expansion of use, it has to be a special exception.
[4:03:09] And the club, it would seem that a member should only be able to sponsor a event for his
[4:03:17] own family or something like that, not just to be able to sponsor an event for anybody.
[4:03:22] We're getting close to an event center here as opposed to a private dining club.
[4:03:27] And I think that's very important for everyone to consider.
[4:03:29] And in terms of that, when you have to have a policeman there, you know, late hours, those
[4:03:36] federal events center situations, as I said, the other, there's no provision in here for insurance.
[4:03:51] Part of this insurance and the operation is going to overlap on town property and perhaps
[4:03:55] on sun and surf property, so there should be insurance in here for the town to be an additional
[4:04:01] they've been assured, and perhaps the sun and surf also.
[4:04:05] There's going to be liquor, things like that, people crossing the sidewalks, and we want to
[4:04:08] make sure that our residents are protected, and the town is protected also.
[4:04:14] That also gets into the shuttle operation.
[4:04:18] If the shuttle were to have an accident, a bad accident, we don't know what insurance the shuttle
[4:04:22] operator is going to have. Someone could say that the shuttle is a town requirement,
[4:04:28] And because it's a town requirement, you know, how lawyers go, you might wind up being, you know, pulled into it, because it's a requirement of the town to have that.
[4:04:38] It would be nice if neighbors hadn't been put to this.
[4:04:42] We appreciate Joe Han and Jamie, but for those of us who live, you know, immediately adjacent, it would be nice to see if we could have an input on hours, garbage delivery pickup.
[4:04:54] It's already been talked about noise and low emissions, which are unhealthy, garbage pickup
[4:05:02] with a lot of empty cans and bottles is very noisy, and something to be considered.
[4:05:11] There's something ringing, is that my-
[4:05:13] That's your time.
[4:05:14] I think it's my patient.
[4:05:15] Five minutes there.
[4:05:16] I think it's my pacemaker, but I think those are some of the issues, I think we think
[4:05:25] they're very important, some are smaller than others,
[4:05:27] like the alcohol server certification, insurance,
[4:05:31] a plan for the shuttle, how it's going to work,
[4:05:34] what happens when people miss the shuttle,
[4:05:36] they're going to drive the town.
[4:05:37] And again, we're all these people going to park.
[4:05:40] Thank you very much.
[4:05:41] Thank you, thank you.
[4:05:41] Thank you.
[4:05:43] Thank you.
[4:05:44] Anybody else?
[4:05:45] See Anita?
[4:05:47] OK.
[4:05:49] And by the way, the two can line up at once.
[4:05:52] If there's anyone else who'd like to speak,
[4:05:53] we have two podiums.
[4:05:55] So you don't have to spend all the time walking.
[4:06:00] I'm ready.
[4:06:01] Thank you.
[4:06:02] I need to.
[4:06:03] Welcome back.
[4:06:04] Welcome back.
[4:06:04] Please the summer.
[4:06:05] So you always comes in peace.
[4:06:08] Yes.
[4:06:08] I come in peace.
[4:06:10] Yes.
[4:06:11] Pax.
[4:06:12] P-A-X.
[4:06:14] P-A-X.
[4:06:15] Thank you.
[4:06:16] Hello.
[4:06:16] I need a shelter coconut row.
[4:06:21] Just for some clarity.
[4:06:22] for instance item number 14 to recap, there are 133 grandfathered spaces. It's a situation
[4:06:31] that today's LPA, your agenda sought to remedy because of the unintended consequences
[4:06:39] of the existing code. And that's good. If I've calculated correctly, the redeveloped uses
[4:06:47] require 159 spaces. So the paramount is legally deficient by 26 spaces above what's
[4:06:56] grandfathered. They have 46, they would gain four, but you're forcing the neighborhood
[4:07:02] to absorb the demands that are going to be made on public resources because the actual
[4:07:09] because of the actual non-existent fans and parking.
[4:07:15] And you seem to have dismissed the deficiency, a real deficiency,
[4:07:20] and you also seem to have refused to require a valet plan
[4:07:26] for what I'm calling a sorceress.
[4:07:30] Apprentice Approach to Parking. Poor, hapless, Mickey Mouse. Where is every car in excess of 50 actually going to be parked?
[4:07:44] Hour after hour and day after day. You don't know. And you're about to create a confluence of more parking and traffic, misery,
[4:07:54] Potentially compounded by Elefante's 284-seat restaurant and your synagogue approval, which
[4:08:04] is potentially another mess waiting in the wings, pending its own agreement.
[4:08:12] Item number 21, you received construction details staging for the first application, but
[4:08:19] not now. Is one northbound lane going to have to close? Yes or no?
[4:08:30] Fine. We know this for a fact.
[4:08:33] Right? Yes.
[4:08:34] Yes. We know that for a fact.
[4:08:35] It's not closing.
[4:08:36] Okay.
[4:08:37] Is that right, staff?
[4:08:38] Yes. They said that last time.
[4:08:40] Good.
[4:08:41] So, lastly.
[4:08:44] And it's a commentary.
[4:08:46] I'm sorry.
[4:08:48] Unfortunately, this application process has been turned upside down because the declaration
[4:08:56] of used to be a tool for operational compliance only after special exceptions and variants
[4:09:04] criteria have been met and not as a cure, not as a magic wand.
[4:09:12] That's something that the town doesn't want, the residents don't want.
[4:09:18] The crucial special exception for shared parking didn't exist.
[4:09:24] Four uses are taking place at the same time.
[4:09:28] That's not shared parking.
[4:09:31] Because of this, your boilerplate approval was flawed and ought to have been reasoned
[4:09:37] denial, along with other non-compliance issues that you dismissed.
[4:09:45] So, unfortunately, three of you, Mrs. Moran, Mr. Cunney, the application didn't fully
[4:09:55] satisfy our complaint and our code of ordinances. Mr. Crampton, you robustly hung your hat
[4:10:03] on the commercial designation in the future land use map, a map.
[4:10:11] And it ignored multiple goals objectives and policies, which were trying to maintain.
[4:10:21] And this was a point that I raised this morning.
[4:10:26] Thank you.
[4:10:28] Thank you.
[4:10:33] I don't see anyone else.
[4:10:34] Okay. I think that's the end of public comment. Okay. Let's see. Mr. Crowley?
[4:10:46] Do you, what are you?
[4:10:48] I don't know. I just want to, so I was going to ask if you thought about my humble request to stay open beyond 11 on the weekends.
[4:11:00] I want to come in before we get into executive session and I have to sit down so I have to sit
[4:11:11] down.
[4:11:11] So I think we set the hours at 11 to begin with anyway.
[4:11:16] I asked at the end of the last meeting for you to think more about that and so I'm asking you again.
[4:11:21] So if you want to do a scroll poll, that's fine.
[4:11:24] Well 11 seems really familiar.
[4:11:26] Do you want to change your hours, anybody?
[4:11:31] Ted, do you want to change the hours to later?
[4:11:33] I can count to three that there's not votes for that so let's
[4:11:36] I don't have a problem. I wouldn't have a problem with midnight because that's what
[4:11:39] care of chance has but I don't have a problem to love in 30. I think it's negligible and
[4:11:46] I think that the extension of a half hour could be huge for them. You know a half hour
[4:11:51] is dessert, a half hour is you know.
[4:11:54] I think so, I think that they've been very fair.
[4:12:01] We're coming back six months after, but we can't ask for that again for two years.
[4:12:05] So if it's a problem for six months then...
[4:12:07] I think it's a couple of coffee.
[4:12:08] What happens today?
[4:12:10] My mother always said nothing good happens after it falls.
[4:12:14] I said it might be.
[4:12:15] She was right, actually.
[4:12:16] But now that thing good happens after 11.
[4:12:22] I'm fine with 11.
[4:12:23] 30, but I'll do whatever you call agree to, whatever the consensus is.
[4:12:30] Look, I'm fine, I would be fine with 11.30 if I was sure that the neighbors couldn't hear the noise.
[4:12:35] Well, why don't you do a condition like we did with the nada that if there are three verified complaints,
[4:12:42] then they come back to us.
[4:12:44] It can be.
[4:12:44] That's one of the agreements.
[4:12:46] It is.
[4:12:46] Yes.
[4:12:47] If there are three verified.
[4:12:48] Okay.
[4:12:49] So we have that.
[4:12:51] Right.
[4:12:51] It's in it. So I go to 1130.
[4:12:53] Okay, so you got it on the desk.
[4:12:55] We'll go to 1130.
[4:12:57] But we can only.
[4:12:59] Yes, yes.
[4:13:00] Yes, yes.
[4:13:01] Friday, Saturday.
[4:13:02] Right.
[4:13:02] Very good.
[4:13:05] Like this is yours.
[4:13:07] It doesn't need to start to fail.
[4:13:08] I mean, if you can keep it quiet,
[4:13:10] like the Venetta is doing
[4:13:13] and like some of these other standards.
[4:13:15] The carriage house did.
[4:13:17] You know, you may become friendly with a neighbor
[4:13:19] instead of where you are.
[4:13:22] So these are weekend nights, Friday and Saturday.
[4:13:24] Sunday is not a weekend.
[4:13:26] Back to a week.
[4:13:27] Sunday stays to a lab and that's fine.
[4:13:29] I just, yeah.
[4:13:32] Thank you.
[4:13:33] I'm going to have some questions for Jamie
[4:13:34] when we talk about some of the things
[4:13:36] John, you, banks and the other gentleman brought up.
[4:13:39] So how do you want to do that?
[4:13:40] Let's get to him because we're talking about it.
[4:13:42] Let's go.
[4:13:43] Let's make it a little bit.
[4:13:45] OK, I thought we already did no music in the courtyard.
[4:13:48] That was decided.
[4:13:49] is that in the declaration of use,
[4:13:50] because we all said, after we had agreed for instruments,
[4:13:53] we did.
[4:13:54] Can I answer that by the way?
[4:13:56] So the question about getting a baseline,
[4:13:58] we did that early in this process.
[4:14:00] We were out there with, we've had live music out there,
[4:14:03] amplified, cranked, and no one heard it,
[4:14:06] and no one complained about it.
[4:14:07] We had noise reading meters out there.
[4:14:09] We called the town to come take readings.
[4:14:12] Right, Lester, right when we were studying,
[4:14:14] whether or not they could have events in the courtyard,
[4:14:17] way back three years ago.
[4:14:18] We took those really you can't hear anything out there so for them
[4:14:22] So that's already been done that that so I think the intent for the courtyard is to have background music like
[4:14:28] Oh my like yeah, with the carriage. So that's fine
[4:14:31] Yes, but to answer the question we've done those noise readings. You cannot hear music. But you have no music in the courtyard and the declaration of use right now
[4:14:38] It's live music
[4:14:40] Okay, I think we need to just background music
[4:14:43] I think we need to be clear about what music's allowed in the courtyard and what music's allowed inside if there's a difference.
[4:14:51] Background music is also.
[4:14:54] And then inside we agree to three instruments.
[4:14:57] Yep, three pieces.
[4:14:58] Three pieces.
[4:14:59] And we'll draw.
[4:15:00] We didn't say that, but it should be no drums. That's obvious. We did last time. I agree with John on the ad after, so I'd like to hear from you why you took out and that's in number 15,
[4:15:21] under club number 15.
[4:15:23] Julie, I think I probably took that out because that paragraph doesn't really have anything to do with timing.
[4:15:28] The point of that paragraph is just if anyone's getting dropped off by a ride sharing vehicle,
[4:15:34] whether it's an employee or a guest, it helps to happen on North County Road.
[4:15:38] Now, I suspect they're going to have an employee.
[4:15:39] Is that shocked before 60m, 60m is when they open.
[4:15:43] Wait a second, but if we're talking about the club, it's not open during the week before six.
[4:15:47] So I took that out because on the weekends it is and you can get dropped off on the weekends when there's no big traffic problems.
[4:15:53] So during the week, when there's a traffic issue, the club's not open.
[4:15:59] So, and then someone brought up the fact, well, what about the fact that the club's open on the weekends before six, so I took out after six.
[4:16:06] So if someone's getting dropped off there, again, it's better if someone can quickly pull up, use one of those parking spaces, drop someone off and leave, that's better for the neighborhood.
[4:16:16] Okay, so they hit killer pick up and draw off. That's that would be weekends to them because there are space limitations on the weekends
[4:16:23] So that includes all days
[4:16:26] So that's John's that
[4:16:29] So I had thought about this and Joanne I wanted to ask you
[4:16:34] Because I know Everglades is very strict about this too
[4:16:37] I don't know about the other clubs, but I do think events should be I mean the member has to be present
[4:16:44] But someone said Rick, maybe, that it should be family members only and I agree with that.
[4:16:51] I mean, you could be giving, you know, you could be sponsoring event after event after event.
[4:16:57] It's one of month.
[4:16:59] One month.
[4:17:00] Oh, yeah, but you can anything under 60 is not an event.
[4:17:07] So, okay, one of them, I still would like to see family members, but that's my feeling.
[4:17:12] The family of the member has to be present for the event and we did the same thing as we
[4:17:18] didn't for the cynics that event has to be an organized member sponsored function.
[4:17:23] Right, but this is different.
[4:17:25] This is a club so we could actually go farther.
[4:17:28] This is what the member encourages us to, and I think it's stronger than Caratels, because
[4:17:32] the member has to be physically present.
[4:17:34] That's what's so much more requires for the group.
[4:17:37] So Shelby, you've got in here, it has to be soundproof, as I remember.
[4:17:41] Yes.
[4:17:41] And don't you also have if the neighbors complain then you either come to it gets fixed or you come to us
[4:17:48] There's the process and remedies is that if there were verified complaints got it
[4:17:53] I just want to repeat so they know Bobby you came up with and I can't remember the name of it at the banana and I think that was a good point
[4:18:02] Maybe by John that every single person couldn't go and and God blessed you turn up the music
[4:18:09] what you're not an organizer, what you call the thing
[4:18:11] that you put on it, so only the manager
[4:18:14] and can turn up and down the music.
[4:18:17] You brought it up with you.
[4:18:18] I can't remember what you call it.
[4:18:20] So there's a main thing to turn it up down.
[4:18:22] I think you're mixing me up with somebody else,
[4:18:24] but now it was you.
[4:18:26] I don't, Julie.
[4:18:27] Someone in person that controls the volume of the music.
[4:18:31] But it's in a matter ofity.
[4:18:31] No, but there was something that you put on it,
[4:18:35] or something like that.
[4:18:36] Regulator, thank you.
[4:18:36] Well, there's always going to be a manager on duty
[4:18:38] to say that they have to have controls of the sound system.
[4:18:42] I'd like to say that.
[4:18:44] You know, manager and assistant manager,
[4:18:47] whatever you want to say, that's what we did.
[4:18:50] We've been doing lately, so I'd like that added.
[4:18:53] We'll stipulate that the manager of the club
[4:18:56] has jurisdiction to turn down the music.
[4:18:59] Or up, or up, or up, or up.
[4:19:02] I mean, only he does up or down.
[4:19:04] We did that at two of the things we've done,
[4:19:07] because the problem is waiters go turn it up.
[4:19:09] This one goes turn it up.
[4:19:10] But what if the managers in the restroom?
[4:19:13] I mean, we can't overthink every single thing here.
[4:19:17] Yeah, we want flexibility.
[4:19:20] That's right.
[4:19:21] If someone falls down and having a medical episode,
[4:19:24] you want someone to be able to run and turn the music down.
[4:19:28] Insurance doesn't have to be discussed
[4:19:30] because I'm just trying to bring up insurance is a given.
[4:19:34] So we don't have to deal correct Joanne.
[4:19:36] We don't have to deal with any more insurance. It's a given church. I did agree. I thought we were putting somewhere, and I can't remember if it's in there.
[4:19:46] That the church area may only be used for those services. Later it cannot be used by the club or, right, it's in there.
[4:19:56] So that only is going to be used from Sunday 8 a.m. to 11 a.m. Is that clear in there, Joanne?
[4:20:04] A21130, we discussed that earlier, there's language under the club and paragraph 2 that says the club can't happen upstairs,
[4:20:11] and I specifically called out the church area as a place the club cannot happen.
[4:20:15] Okay.
[4:20:15] I think we've pretty carefully distinguished between the church and the club, and Stakeson, you add more to it,
[4:20:22] where you that creates more ambiguity and confusion.
[4:20:24] Okay.
[4:20:25] I just wondered, like, what about it's not going to be used for the club or the cafe,
[4:20:29] but they decide they can use it for something else?
[4:20:32] It's for religious uses, meaning there's only some that are protected.
[4:20:36] Okay, perfect, I'm just checking.
[4:20:41] Got it, that's it for me.
[4:20:45] And the club's not open when they're using them.
[4:20:48] No, and oh, and Anita's.
[4:20:50] So there is one time, but I thought you answered this way.
[4:20:53] And there is one time when the club is open,
[4:20:57] when the cafe is open, and when the church is open.
[4:21:01] Do they?
[4:21:06] Sorry, we can't, we can't help it.
[4:21:09] I can't help it.
[4:21:10] I can't help it.
[4:21:11] I would be Sunday, Sunday morning.
[4:21:14] Sunday morning, you have the church.
[4:21:16] You have the cafe.
[4:21:20] You have the club.
[4:21:22] The club's not open Sunday morning.
[4:21:24] Right.
[4:21:24] Okay.
[4:21:25] So it's just two.
[4:21:27] And then, of course, retail,
[4:21:29] Correct.
[4:21:29] There'll be retail.
[4:21:30] We have a retail that opened at that.
[4:21:32] Yes.
[4:21:35] I said something that keeps getting taken out of context.
[4:21:38] What I meant to say is all of the uses aren't happening at the same time,
[4:21:42] every use, right?
[4:21:43] And we had a 200-page traffic study from an expert traffic engineer
[4:21:47] that said exactly why we met the shared parking criteria,
[4:21:50] which you all reserved and you all approved.
[4:21:52] No, no, no.
[4:21:53] We're not having to argue.
[4:21:54] But that keeps getting said and it bothers me,
[4:21:56] because I'm not a traffic engineer,
[4:21:58] and I know we hired the best traffic engineer to address that
[4:22:01] And it was addressed, and it was competent substantial evidence that you considered on the record.
[4:22:05] So for people to keep coming up here and say you didn't think about it or you didn't
[4:22:08] do it right.
[4:22:09] And the comprehensive plan specifically says you have to provide parking where the land development
[4:22:14] regulations require it.
[4:22:17] And in this case, the land development regulations did not require additional parking.
[4:22:21] And what you did this morning has nothing to do with what you were arguing with.
[4:22:25] I think we're not supposed to discuss anything that we already talked about.
[4:22:28] I'm sorry.
[4:22:29] I'm sorry.
[4:22:30] I don't blame you. Last thing, hours for retail. That was a good point, because retail could be open till midnight, do we pair?
[4:22:39] I think we talked about that.
[4:22:43] Right now, it closes at probably six. Yeah, let's put some hours in.
[4:22:49] I'm not. I'm not. I mean, you don't want everything going on at once. I mean, you want the club open the club.
[4:22:56] You're going to have to take part in the retail.
[4:22:59] The retail has always been closed.
[4:23:01] But we have the same issue at the time.
[4:23:03] I think six is early.
[4:23:04] Finally, I don't worth having it.
[4:23:06] But the retail is a permitted use.
[4:23:09] So that's how it is.
[4:23:11] It's permitted.
[4:23:12] So the retail use should be regulated
[4:23:13] like all the other retail uses in town.
[4:23:16] And by the way, we're in a building with no parking right now.
[4:23:19] And somehow, we all managed to get in here
[4:23:21] and not block the middle of the streets.
[4:23:23] So, you know, these landmark buildings,
[4:23:24] they were built 100 years ago.
[4:23:25] Some of them don't have parking, and guess what?
[4:23:27] We adapt.
[4:23:28] We make it work.
[4:23:30] I don't see 200 people in this room.
[4:23:32] I've seen 200 people in this room for a week.
[4:23:34] And they have to be parked everywhere, so it's not.
[4:23:37] It's a little different than that, but anyway.
[4:23:41] So how do we feel about retail?
[4:23:42] That's my only question.
[4:23:44] About what?
[4:23:45] Do we restrict it anywhere else?
[4:23:47] If we have a restricted retail?
[4:23:48] It's a primitive name.
[4:23:49] In terms of ours, I think it's a little different here
[4:23:51] though, because you've got retail plus a club.
[4:23:54] I think it's a permitted use, and there's special exception, only covers the, it's covering the club.
[4:23:59] It's not right.
[4:24:01] Right.
[4:24:02] And we wanted to close the retail, and you told us to bring it back.
[4:24:05] We wanted you to put it in there, sir.
[4:24:07] Wait.
[4:24:07] I'm just going to say, if one of the uses was over 3000 square feet, that would be the special exception,
[4:24:14] where you would be able to regulate it in a declaration of use.
[4:24:18] Thank you.
[4:24:19] Yeah.
[4:24:20] So we should.
[4:24:20] I mean, the only thing I remember talking about with the retail is wanting to make sure you
[4:24:24] could access it from a courtyard as well as from the, yeah, oh yeah, you know, as from
[4:24:30] the, and that's in here, I hope it's, is that in here, Jamie?
[4:24:37] Because we've, we've, we went through that with respect to the site plan.
[4:24:40] I don't remember if it's in here or not.
[4:24:42] Okay.
[4:24:42] Do you want to just take a look at that, Jamie?
[4:24:45] I mean, we're all, all look at it, which I want.
[4:24:47] Okay.
[4:24:47] wherever the finish line, I mean, this is not.
[4:24:51] Bobby, can I just go ahead?
[4:24:54] Yeah, I just want to respond to something that Anita said,
[4:25:00] because she kind of called me out on it.
[4:25:03] So Anita, I'm holding in my hand here, the staff memo
[4:25:07] that staff provided to all of us prior to our evaluation
[4:25:12] as proposal.
[4:25:14] And I'm going to read something.
[4:25:15] I'm going to read something, hold on.
[4:25:22] I'm just reading from the staff memo.
[4:25:24] It says consistency with the comprehensive plan, OK?
[4:25:31] A preliminary review, I'm quoting from it,
[4:25:33] of the project, indicates that the proposed application
[4:25:35] appears consistent with the commercial,
[4:25:41] I'm not being stopped by our council.
[4:25:43] We can respond to the public comment.
[4:25:45] The last it's in a public comment.
[4:25:46] I'm responding to the public comments.
[4:25:48] Okay, I appreciate that, Julie.
[4:25:50] It's all right.
[4:25:51] I'll read it again, consistency with the comprehensive plan.
[4:25:54] This is what we were advised by staff.
[4:25:57] So if I'm wrong, staff is wrong.
[4:26:00] So basically this says, consistency with the comprehensive plan,
[4:26:05] a preliminary review of the project indicates
[4:26:07] that the proposed application, that's what we went
[4:26:10] evaluating, appears consistent, and this is in bold,
[4:26:14] with the commercial designation of the future land use map of the
[4:26:18] conference of plan.
[4:26:20] So that is exactly what we've been told by staff.
[4:26:24] Just want you to know that.
[4:26:26] That's all.
[4:26:31] All right.
[4:26:33] Donnie.
[4:26:33] Oh, I'm sorry.
[4:26:35] I didn't know that.
[4:26:36] Oh, that's all right.
[4:26:37] So Lou.
[4:26:38] Yeah, I think we're ready for a motion.
[4:26:43] I'd like to say it this way, which I think we've done before.
[4:26:46] where it's Jamie,
[4:26:49] is just that if I make the motion to approve with all changes that council
[4:26:58] agreed and talked about today, is that the way that because I don't think we can go through
[4:27:02] every single change. Joanne and I will do, we will go back and listen to every condition. I think we've
[4:27:09] We missed one, and that was the, that is my, on my honor that will be in the next draft I promise.
[4:27:16] Okay.
[4:27:17] I do think we should do what Wayne recommended on the next one.
[4:27:22] Can we put it on the consent agenda?
[4:27:24] That way we can also check and make sure everything was on there.
[4:27:28] Public and check and make sure everything.
[4:27:31] John, you banks that way.
[4:27:33] Consent is great.
[4:27:34] We can pass it right through.
[4:27:35] And we only can pull it, Jamie, so nobody else can pull it.
[4:27:41] So I'd like to do it.
[4:27:42] I prefer if we wrap it up and just join in.
[4:27:44] I want to put it on.
[4:27:45] I'll make the motion, and if it gets to know, then somebody else will.
[4:27:49] So my motion is, I'll restate it.
[4:27:52] My motion is to approve the Declaration of Youth Agreement,
[4:27:57] per everything that we have discussed today,
[4:28:00] and agreed to as a council,
[4:28:01] And those things that we have directed Jamie and Joanne to add or correct on top of that or remove.
[4:28:12] And that it will be placed after they've done the corrections on the consent agenda on April 15th for final approval by us.
[4:28:21] But again, Jamie, only we can pull it. No one else can pull it. So that's my motion that it be on the consent agenda.
[4:28:28] As we saw today, we thought everything was done and it wasn't, so I'd like to see it.
[4:28:36] But don't get a second, then you all can go ahead.
[4:28:39] All second.
[4:28:41] Yes.
[4:28:42] Mr. Cooney?
[4:28:44] Ms. Moran?
[4:28:46] Sure.
[4:28:47] Mr. Crampton?
[4:28:48] I have no problem with I.
[4:28:50] Just listen to me.
[4:28:52] Okay.
[4:28:53] Okay.
[4:28:53] Thank you, Jamie.
[4:28:54] Thank you, everybody.
[4:28:55] And thank you for agreeing to the three.
[4:29:00] Come
[4:29:36] on everybody let's not be here all night.
[4:29:41] I know you're here. Here's Ted. He was just bringing me water. Thank you Ted.
[4:29:46] All right, so we are now going to go to 26.
[4:29:49] Thanks.
[4:29:55] Thanks.
[4:29:56] Thanks.
[4:29:56] Thanks.
[4:30:00] I had a discussion with Mr. Oyer when he's stated he couldn't be here today and he explained the request and advocated for approval.
[4:30:10] None. None. I also spoke to Mr. Oyer and he explained this request and advocated for its approval.
[4:30:20] I do had a discussion with Mr. Oyer who tied this particular request to important security considerations
[4:30:28] and advocated that this particular request had to be met ASAP.
[4:30:41] So I received a letter from U.S. Secrets Service, Deputy Agent, Interlarge, Matthew W. Peeant,
[4:30:53] who recommends prioritizing approval of this project as uninterrupted power is crucial to the execution of security.
[4:31:01] Did we all get that? I don't remember seeing it's here in the back of the books. I got it through
[4:31:08] To my email. I don't know if it's in our home. I missed it. Then I might. It's in our blue folder
[4:31:14] Is it back up here?
[4:31:16] So you could just take my word for all right
[4:31:19] Oh, thank you. Thank you word for it
[4:31:21] So we've done it everybody's done next part day, right? Yes, okay?
[4:31:27] Yes, the next the next the
[4:31:31] 1,026,006, 1,100 South Ocean Boulevard, the Mara Logo Club, the application is before you
[4:31:40] for a special exception site plan review.
[4:31:44] Torrentureself, we're talking about a service area on the southern side of the parcel.
[4:31:51] As a notation, this project is before you because it's a commercial property in use.
[4:31:55] And so any modification to the existing approved special exception comes before you, but specifically today we're talking about a proposed generator room.
[4:32:08] The code requires that generators over certain size be housed in a building, and that's exactly what it is here today.
[4:32:17] Because it's a commercial property, this has come to you first, rather than going to the design commission.
[4:32:25] However, it is scheduled for March 18, Landmarks Preservation Commission,
[4:32:30] where they will critically review the architectural style and scale of the proposed enclosure building.
[4:32:38] Just to get you oriented and familiarize yourself with the architecture,
[4:32:45] It's a simple square building with enough slanted ventilations on one side to provide the adequate circulation of air for the equipments.
[4:32:57] Here's a rendering of the project. Again, underscore that this has not been vetted through the landmarks preservation commission.
[4:33:07] And then in summary, the project requires two motions to be made, or it can be made as a combination for a special exception with site plan review.
[4:33:18] It's important to note that we have yet to receive a final sign-off from the national trust.
[4:33:24] If we don't hold a receive that by the time it goes to landmarks, we figure that's the more appropriate time to continue the item.
[4:33:31] But for the purpose today, for the enclosure of the generator buildings, it's properly before you.
[4:33:42] Okay. Any questions, Bridget? Is it a requirement for this property to have approval from National Professor?
[4:33:47] Yes. Thank you very much.
[4:33:52] This is next term.
[4:33:53] Let's say no.
[4:33:54] Ten.
[4:33:54] Loop. Loop.
[4:33:57] Actually, my guess my questions would be in the present or not.
[4:34:01] Okay. I'll cue him out.
[4:34:12] I think of this, which I could be wrong, almost like the helicopter pads so they need it now
[4:34:18] because they need it for a secret service and all this extra protection that they have to have.
[4:34:24] Do we have a right, unless it just looks cute, we want to keep it, to have it removed, or is there no purpose for that?
[4:34:34] I'm not sure this day has ever conditioned and approval on something that is a critical infrastructure
[4:34:41] for the operations of a facility that would generate power in the time, in the event.
[4:34:49] I think it's the secret service needed, that's why it was asking.
[4:34:53] I understand the Gartgate, and I understand the Helpad, which were directly related to a user.
[4:35:00] This is more to do with the functioning of a club and the wattage of it to fully operate the expansive club needs to be a certain size generator and the code requires that that
[4:35:17] size generator be in a building.
[4:35:21] The building complies with all the setback requirements, the lot area and bulk requirements of the zoning code.
[4:35:28] It's actually nice.
[4:35:30] Yeah, it just made it sound in this letter that the reason is for them.
[4:35:36] Yeah, it does say that.
[4:35:39] Uninterrupted electrical power to maintain essential security systems,
[4:35:43] including surveillance cameras, alarm zones, blah, blah, blah.
[4:35:47] So it's all about the reason we need to approve this is because it's secret service.
[4:35:51] That's why I was asking that question because when we had that issue with the helicopter or the gate,
[4:35:56] We always said it had to be removed when that okay, and now I'm okay, that's it
[4:36:02] I'm just gonna ask a quick question. I'm assuming this is a natural gas
[4:36:05] I'm sorry do we know if this is natural gas
[4:36:08] I don't know that yeah, I mean the only thing reason is that these diesel ones which I have to deal with all the time
[4:36:14] And the bomb is they they are very very loud, and they smell and
[4:36:19] And most people aren't using that anymore
[4:36:24] I mean, you'd have to, okay, there's some old diesel ones around, but it would be
[4:36:28] protopaint.
[4:36:29] Who sells tank diesel?
[4:36:31] The whole protein is, like, natural gas.
[4:36:33] It's quite heavy.
[4:36:34] But I'm saying, who sells it?
[4:36:36] I just curious.
[4:36:37] Am I assuming it's natural gas?
[4:36:39] I think a lot of these questions would be better answered by the applicant.
[4:36:44] So I'm happy to answer questions, but a lot of them are out of, are out of my knowledge of
[4:36:48] No, I'm, and so I've queued them up, but I'm still available for any questions to staff.
[4:36:54] Thank you, James.
[4:36:58] Good evening, Mayor.
[4:36:59] Members of the Council.
[4:37:00] Thank you again, James, for the good presentation.
[4:37:03] For the record Roger Ramden here, sitting in for Harvey Oyer with the Office of Shots and Bowen.
[4:37:08] Here on behalf of the applicant, Marla, I will club.
[4:37:11] I'll go through my presentation, but James did have some duplicate slides.
[4:37:16] One of the things I'd like to touch on is that we are actually relocating
[4:37:21] existing generators from the north end, more to the south end.
[4:37:25] So we are taking it away next to the single-family homes
[4:37:28] and bringing it all the way down next.
[4:37:32] Secondly, as it relates to the question with the Secret Service meeting this, it's not only the Secret Service that needs to generate a just sort of functionality of the club in general, being in the state of Florida, and hurricanes and national disasters and so forth, this is something that is required, so we are indeed replacing and relocating existing generators that are on the site.
[4:37:57] They currently exist on the north and there's temporary generators that are brought out in that permanent generators.
[4:38:04] You just got it.
[4:38:05] These will be permanent generators.
[4:38:09] This again, this slide just basically shows where it's being relocated to, which James already covered.
[4:38:14] Again, the floor plan.
[4:38:17] It's not going to be visible from Southern Boulevard.
[4:38:21] Again, the location, no landscaping to the members of changes.
[4:38:26] Again, the landscaping and the location, as far as the architectural design,
[4:38:31] it will be very similar to what exists today throughout Marilago.
[4:38:35] And that was intentional.
[4:38:38] Now, as far as compliance with the code, like James said,
[4:38:41] we are before you for compliance, because it's a generator,
[4:38:45] exceeding, I think, 120 kilowatts.
[4:38:46] lots that prompts the site plan a review and that's what we're here for you today.
[4:38:52] The request is for Section 134-329.
[4:38:55] We believe we comply with all the requirements and along with that comes the modification
[4:39:01] to the special exception, Section 134-229, we believe we comply with all the requirements.
[4:39:08] And that does conclude my presentation.
[4:39:09] I'll be happy to answer any questions that you may have.
[4:39:12] Okay.
[4:39:12] Yeah, I mean, oh, are we asking questions now?
[4:39:19] Yes, it's a question.
[4:39:20] The first, obviously it's a better location.
[4:39:22] The question I have is, I mean, I'm blown away by the fact that with respect to security,
[4:39:28] you don't have this kind of backup.
[4:39:30] This is absolutely as I understand it from Harvey anyway.
[4:39:33] It's essential to the security operation at Marlago.
[4:39:38] We don't even have this.
[4:39:39] So this basically, Rick, maybe you can do, you, they're, they're, they're on a temporary
[4:39:46] basis.
[4:39:47] Can not permanent.
[4:39:47] They have a temporary temporary.
[4:39:49] This is a permanent.
[4:39:50] A permanent.
[4:39:51] President of the United States, we're lying on something temporary.
[4:39:54] Absolutely.
[4:39:55] That's ridiculous.
[4:39:56] Second thing is, soundproofing.
[4:39:59] So are you going to be meeting the 65 DBA standard that we have here in the town
[4:40:06] Palm Beach?
[4:40:07] They'll be required to as part of the permit.
[4:40:09] And that's the whole reason these larger generators are placed inside of a building.
[4:40:14] Got it.
[4:40:15] Thank you.
[4:40:15] Your answer to my question.
[4:40:16] The third one is with respect to the National Trust.
[4:40:20] I understand that the National Trust is suing the President about the ballroom.
[4:40:26] Is that, is that have anything to do with the hold up in the approval from the National Trust on this particular project?
[4:40:32] No.
[4:40:33] It doesn't.
[4:40:34] And we do have a preliminary approval of the building.
[4:40:37] It's just they want a little bit more landscaping for the project and so they're working with the landscape architect on where to place this extra landscape.
[4:40:45] Okay, so that is not a barrier after all.
[4:40:47] The building is technically approved and we have that in an email, but we don't have the letter until she finalizes the review of the landscaping with Shawn.
[4:40:56] I will say that the picture we just saw of this wearish building looked idyllic with the mountains and trees and everything.
[4:41:04] I'd like to live there as a matter of fact.
[4:41:06] The President's instructions were to make it beautiful.
[4:41:10] Mr. President does do a good job with his properties.
[4:41:13] I'll agree to that.
[4:41:14] I apologize, Rick Gonzalez, REG Architects,
[4:41:18] 120 South Olive.
[4:41:20] We knew who he was.
[4:41:21] Did you want to ask your question about it?
[4:41:24] Do you know, Mr. Gonzalez, whether it's a natural gas generator?
[4:41:29] I believe so, yes.
[4:41:30] Okay, because you know, the old diesel ones,
[4:41:32] when they go off, you wouldn't say.
[4:41:34] They're very loud.
[4:41:35] They also smell.
[4:41:36] Yes, and this will have six methods of controlling the sound and we're shooting for 50 dBs
[4:41:41] You had asked me earlier today. The code is 65
[4:41:44] So it's a very nice one. We're going to try to hit 50 55 and one other thing
[4:41:50] I just think it's good for the record
[4:41:53] Where you're moving it further away from the adjacent homes than the temporary ones are that's correct
[4:41:58] So that's also a good thing
[4:42:00] And it's enclosed and it's natural gas
[4:42:03] Yes.
[4:42:04] Do you want to go?
[4:42:05] Well, though, though, there's some Donnie Scott abbreviation.
[4:42:09] My question is just going to be Rick, that your assumption you are the expert in historic
[4:42:15] preservation that the National Trust is going to give this through and your answer was
[4:42:20] yes, as soon as you put some more landscaping in.
[4:42:22] Yes, we're very close to that.
[4:42:24] And we're getting a, because where they wanted to put the landscaping would block some critical
[4:42:29] views for the Secret Service.
[4:42:30] So we're just waiting to get a memo from Secret Service to tell them can we put that it's only a little bit of it
[4:42:36] It's landscaping because where the building is they want us to replace that amount of landscaping because it's very dense somewhere else
[4:42:42] But they picked this pot that's not good for the Secret Service, right?
[4:42:45] So once we get the letter from the Secret Service we'll have this result
[4:42:48] Okay, thanks
[4:42:51] Okay, Bridget
[4:42:52] And Ted, you had mentioned that it's a requirement
[4:42:54] I don't think it's a requirement for the club to have a generator
[4:42:57] But I get it from the US. I get it from the US. I get it from the US. I get it from the US.
[4:43:01] We don't have to you know over think. Rick would you please do me a favor if they still have the red
[4:43:07] Maltz on the interior all over their garden beds would you have them tell them remind them that it's to be brown.
[4:43:14] They can't use the mulch that is dyed, which I know they like red.
[4:43:18] But it's no boy and it's bad for their bad.
[4:43:21] It's bad. It's bad.
[4:43:23] there. Okay. So yeah, and that's the black two is also died. Well, use like
[4:43:29] stuff for the council. Thank you. Thank you. Please and thank you.
[4:43:33] There we go. Okay. All right.
[4:43:36] What's your tag?
[4:43:37] That was just going to make a motion. If that. Yeah. Go for it. Okay.
[4:43:40] Okay. I will move that special exception number.
[4:43:44] The land dash 26, dash 0, 0, 0, 0, 0, 6, and site plan review of the same number be approved.
[4:43:52] As set applications meet the criteria set forth in sections 134, dash 229, and 134, dash 329 respectively of the town code.
[4:44:01] And finding that the approval of the site plan will not adversely affect the public interest that also only requirements governing the use of the map.
[4:44:07] And the satisfactory provision and arrangement has been made concerning items 1 through 11 of Section 134-329.
[4:44:14] And conditioned on LPC approval and the letter from the National Trust.
[4:44:23] Mr. Cooney?
[4:44:25] Mr. Grampton?
[4:44:25] Yes.
[4:44:27] Ms. Moran?
[4:44:28] Yes.
[4:44:28] Ms. Lindsay.
[4:44:29] Yes.
[4:44:30] Thank you, gentlemen.
[4:44:33] Thank you.
[4:44:34] Okay.
[4:44:35] So just the ordinances, guys.
[4:44:37] Let's go. We're first 27. I think we deferred. I think we're not doing that today. We're set it back. 27.2, right?
[4:44:45] 27.2 would be the first ordinance on first reading. Okay. Go ahead, Jim ordinance 7. 2026 an ordinance of the town council of the town of Palm Beach, Palm Beach County, Florida.
[4:44:55] I'm ending chapter 134, zoning at Article 9 off Street Parking and Loading to B-
[4:45:00] Motion 2 off-street parking by amending Section 134-2175 to remove the exemption of landmark commercially-zone buildings from providing additional required off-street parking.
[4:45:11] If increased occupancy or use is created by interior building improvement with great more grossly
[4:45:18] subalaria, by deleting an isentrity 1342175E, providing for suburability, providing for the
[4:45:26] repeal of ordinances and conflict, providing for codification, providing an effective date.
[4:45:35] Well, shall we? Well, I'd love a comment first of okay, is anyone have any public comment on this?
[4:45:43] No, now we can go ahead move approval of second ordinance seven to twenty seven dash two or two six
[4:45:54] Miss Moran. Yes, Mr. Campton, Mr. Sairskog. Yes,
[4:46:06] Mr.
[4:46:06] So we go to ordinance 9, 2026.
[4:46:10] This is the pedestrian access stairs and ramps to the beach.
[4:46:14] An ordinance of the town council of the town of Palm Beach, Palm Beach County, Florida, a
[4:46:18] many chapter 134 zoning by a many article eight supplementary district regulations, division six, structures of division one.
[4:46:27] In general, at section 134, 1703 reserved to provide regulations for pedestrian access stairs and ramps to the ocean.
[4:46:36] and prompt beach, providing for the repeal of ordinances and conflict, providing for
[4:46:41] codification and providing an effective date.
[4:46:45] Blue approval.
[4:46:48] Anyone from the public want to speak about this?
[4:46:51] Second?
[4:46:54] Mr. Crampton.
[4:46:54] Ms. Moran?
[4:46:56] Yes.
[4:46:56] Ms. Areska?
[4:46:56] Yes.
[4:46:57] Mr. Crampton.
[4:46:59] Yes.
[4:47:00] Excuse me, Kelly.
[4:47:01] I think I said the made my motion.
[4:47:03] That's 27.
[4:47:03] It should be 7.
[4:47:04] Can you just correct that number?
[4:47:08] Yes.
[4:47:09] You made it for ordinance 7, 2026.
[4:47:12] Yes, ma'am.
[4:47:13] Okay.
[4:47:14] Next would be ordinance 10-2026.
[4:47:17] This is the ordinance on the C walls.
[4:47:20] An ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida,
[4:47:23] and Mending Chapter 62, Marine Structures, Article 2,
[4:47:27] bulkheads, C-walls, and groins on Atlantic Ocean at Section 62-37.
[4:47:34] Bulkheads groins to accord with plat, variances, and the Mending Chapter 134,
[4:47:39] zoning by a Mending Article 8 Supplementary District Regulations, Division 6 Structures.
[4:47:45] Subdivision 1 at General at Section 134-1701 Structures East of the Ocean
[4:47:52] bulk headline to update the permitted location of new and reconstructed ocean sea walls.
[4:47:59] Providing for severability, providing for the repeal of ordinances and conflict, providing
[4:48:02] for codification, and providing an effective date.
[4:48:06] Any public comment?
[4:48:09] Seeing none.
[4:48:10] Move approval of ordinance 10-2026.
[4:48:15] The Sarah Scott?
[4:48:16] Mr. Cooney?
[4:48:17] Yes.
[4:48:17] Mr. Krampton?
[4:48:19] Yes.
[4:48:20] Yes. Then we have second reading of two ordinances. The first one is Ordnance 3-2026, an
[4:48:27] Ordnance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, a
[4:48:30] many chapter 134 zoning. Section 134 2 definitions and rules of construction. Section 134
[4:48:38] 1608. To amend basement regulations to recognize flood vents and other basement wall
[4:48:44] penetrations, providing for
[4:48:46] stability, providing for the
[4:48:48] repeal of ordinances and
[4:48:49] conflict, providing for
[4:48:50] codification and providing
[4:48:51] an effective date.
[4:48:53] Any public comments?
[4:48:56] Seeing none?
[4:48:56] Have a motion.
[4:48:58] Move approval.
[4:48:59] 1, 2, 2, 2, 2, 2, 6.
[4:49:03] Ms. Marin?
[4:49:04] Yes.
[4:49:05] Mr. Coney?
[4:49:06] Yes.
[4:49:06] Mr. Crampton?
[4:49:08] Ms. Lindsey?
[4:49:11] And the final ordinance on
[4:49:12] meeting deals with the RBE front side front and rear setback shift to five feet.
[4:49:18] This is ordinance 4, 20, 26 and ordinance of the town council of the town of Palm Beach,
[4:49:23] Palm Beach, County, Florida, a menning chapter 134 zoning, Article 6 District Regulations Division 4,
[4:49:31] RBE low density residential district section 134, 893, lot yard and area requirements generally.
[4:49:39] Subsections B, five, front yard and B, nine, rear yard, thereby adding criteria for the granting of reduced front yard setbacks in the RV low density residential district, providing for
[4:49:52] of ability providing for the repeal of ordinances and conflict, providing for codification
[4:49:57] and providing an effective date.
[4:49:59] And I need a discussion on this, just see all of them.
[4:50:03] Okay, first, any public comment?
[4:50:06] Seeing none.
[4:50:07] Okay, Julie.
[4:50:09] So after learning that the reason there was a fourth or three vote on this particular ordinance
[4:50:15] that the planning and zoning commission, it was because it's primarily used now for one
[4:50:21] stories, it's not used very often, but once you open the door for two stories with it
[4:50:29] set back, there was a feeling that they could really increase and I agree with that.
[4:50:34] And I'd rather see a buffer on this one and make a two-story come as a variance to us.
[4:50:42] Because I think yes, our com can look at it, yes, landmarks can look at it, but we have
[4:50:47] There are times when they have said yes and it's come before us and we have said bring the
[4:50:52] height down or set it back farther because neighbors come and I think neighbors should
[4:50:57] have two bites of the apple of something that could really change their privacy, the
[4:51:04] setbacks, the neighborhood.
[4:51:06] So I would just ask the council if on this particular one you would be comfortable with
[4:51:11] when it's a two-store. When it's a one-store it doesn't really matter.
[4:51:14] But when it's a two story, it can become so much also more massive from the street and I think neighbors really have a right to have two bytes of that apple and for us all to look at it.
[4:51:27] So I would just ask you if you would consider not passing this in its current form, but to add that it would be a variance if you're going to do a two story.
[4:51:39] because remember you, you can go forward five feet and open up five feet in the back,
[4:51:45] but that coming forward on the second story could be a real issue.
[4:51:49] I've got some credit. Bridget?
[4:51:51] Yeah, so I listened to P&Z, and I think it was her name, Miss LaChance.
[4:51:59] Carol, okay.
[4:51:59] It looked great.
[4:52:00] Thank you very much.
[4:52:01] And I appreciated what she said.
[4:52:03] It was after it had already come to us.
[4:52:06] this was the most recent P&C, the Australian day before yesterday, whatever, and I appreciate
[4:52:11] her comments, but I really remember a robust discussion that we had here allowing, giving
[4:52:16] that authority, I think what we wanted to do was provide our calm with enough flexibility
[4:52:24] in the code to make something more interesting. I am willing to stand by that decision because
[4:52:30] I think that our comments were really, really good at their job.
[4:52:34] And I think that the goal was to allow architecture to be more interesting.
[4:52:39] And I recall discussion that James had said it would be the wedding cake effect.
[4:52:45] And I think that this kind of prevents that.
[4:52:49] If we put guardrails on it, everybody's just going to do one story, five foot back to story.
[4:52:56] Is that a good look though?
[4:52:57] Yeah. Sometimes it's not. I would like the, I would like, I would like, I'd like providing more flexibility where, where we can. That's just my thought. No. Yeah. I was staff. Would you like to comment on that? I'd love to. So again, bigger picture. Thank you again for having us even examined this caveat in the RB district that I want to,
[4:53:26] But under score was as a right.
[4:53:30] What we've done is created specific criteria and no longer allow that as a matter of
[4:53:37] right for our come to review and be able to say no and I appreciate that and I appreciate
[4:53:47] that.
[4:53:48] And me and I Frederick Midner, we went and we pulled building permit records or we presented
[4:53:52] to you, all of the findings where the front end was reduced and in some streets, it doesn't
[4:54:00] work. And that's what's so important that we now have given our come the four criteria or
[4:54:07] landmarks that the four criteria that they have to meet. And to the point about the variance,
[4:54:14] right now they can encroach five. And I'd like to add the variance to this.
[4:54:21] So I think that would be making the current zoning more restrictive, because right now it allows, as a matter of right, so I'd have to check with Joanne about that.
[4:54:35] But right now, it moves kind of the one-story plane can move and the two-story plane can move.
[4:54:44] And we provided the two options.
[4:54:47] And the discussion was that they were the Harkham reviewed in the co-planar.
[4:54:53] But again, just a little back story on in the bigger pictures that we did create guardrails,
[4:54:59] where previously there were not.
[4:55:00] No, and I appreciate that.
[4:55:03] So, um, two of those, sorry.
[4:55:05] Okay.
[4:55:05] Let's go in order.
[4:55:08] Yeah.
[4:55:08] No, sir.
[4:55:08] So, right now, if we don't pass it, they have it as right, and they could.
[4:55:15] One story and two story.
[4:55:17] Well, I mean, I guess I'd rather pass it in.
[4:55:20] And then they would.
[4:55:21] Would have some guardrails, and somebody would look at it.
[4:55:24] Somebody would have the opportunity to look at it right now.
[4:55:27] They can just do it.
[4:55:28] Right.
[4:55:29] Well, and I have in LPC but they can't do it. God bless you. They can't do a second story right now
[4:55:35] Yeah, I think I can't well
[4:55:38] I kind of wish we had done that at my house
[4:55:41] Sorry, I would have liked to have had a bigger backyard. So
[4:55:46] You have a nice big backyard
[4:55:53] All right, okay, I agree with the president and with the mayor
[4:55:57] And with Bobby, I mean, not only that, but everybody in the street is going to be notified and either one of the organization's landmarks for our Congress going to have to issue a design waiver.
[4:56:09] They're going to look at it and basically get their nose down into the dirt and figure out what's going on on that particular street.
[4:56:16] And that kind of flexibility, as you pointed out, is valuable. We don't need a cookie cutter front if we could get something more attractive.
[4:56:23] And that's up to our column or landmarks that I think that could trust them that's right three
[4:56:28] Refers we revisited this and we made it now part of the notice
[4:56:32] We made it part of the a separate motion to be made by our com so they're going to be looking that
[4:56:40] Looking at that front encroachment very critically with the neighborhood analysis supplied
[4:56:45] Burt and supply by the applicant right
[4:56:48] So I'll move approval of the
[4:56:50] No, no, we stopped. I'm sorry. I'm going to Julie. Okay. I think Donnie. Oh, no, no, no.
[4:56:55] So I was just going to say that it was Jeff Smith who brought this to me and talked about it.
[4:57:01] It wasn't didn't come out of my issues. It came out of Jeff's.
[4:57:05] And as an architect, he thought it'd go way all together.
[4:57:08] So I understand that you want to pass this today and I got that.
[4:57:13] I still think it should come to counsel as well, even if it's not a variance.
[4:57:16] just that it comes to us as a site plan or it comes to us whatever it is. So, I think it should be tweaked.
[4:57:25] I don't know. I mean, you did a survey of the architects and the architects kind of split in half, as I recall.
[4:57:31] You asked, asked our architect.
[4:57:32] Well, Jeff is our chairman of Arkham and felt it should be just gotten rid of them.
[4:57:39] Okay, I mean you can't you can't make it a variance because no, I see one 80s so you can't make it
[4:57:47] Not much more restrictive or but I mean I can't become the council
[4:57:50] So here's the deal in my opinion. I'm not on our come for a reason. That's not you know, I'm not an architect. I'm uncomfortable
[4:58:01] Reviewing design in that amount of detail. That's why we have our come so I'm perfectly happy leaving it there
[4:58:08] I don't think it should be a variance at all, and I think that it offers tracking so that we can prevent these houses from, you know, five feet in the front, five feet in the back, as we discussed, you know, a few months ago, I like this the way it is, the way it's presented, and that's my thought.
[4:58:27] And I like the notification.
[4:58:28] Yeah, I mean, that is a case that says it's better.
[4:58:30] Carol, the case is very smart and she makes good, good suggestions, but I think in
[4:58:34] this case, we take the ordinance as it is.
[4:58:38] There's plenty of safeguards in it, and it provides that flexibility, and it keeps us,
[4:58:44] I mean, we don't need all the bureaucracy.
[4:58:46] It keeps us out of a decision, which is, I think, fairly routine.
[4:58:50] Okay, and Ted.
[4:58:52] I'll just make a motion.
[4:58:53] Go ahead.
[4:58:54] We've already read it, right, try and.
[4:58:56] Okay, so I'll move that ordinance number 4-2026 be approved on second reading.
[4:59:01] Second.
[4:59:03] Mr. Cunney.
[4:59:04] Mr. Cranpton.
[4:59:04] Mr. Stog?
[4:59:06] No.
[4:59:07] Ms. Moran?
[4:59:07] Yes.
[4:59:08] Ms. Lindsey.
[4:59:09] I have passes four to one.
[4:59:12] Okay.
[4:59:13] We have one, two.
[4:59:15] Two more items.
[4:59:16] Two waivers to go.
[4:59:18] So we'll start.
[4:59:18] This year's the gentleman of a sitting here all day.
[4:59:21] So we'll start with 320 Chilean Avenue number one.
[4:59:25] This is a renovation of a condominium unit, BNA designed builders and cooperated and made
[4:59:30] this request.
[4:59:31] They're asking for 231 days, extension with all work to be completed by October 31st of
[4:59:37] this year.
[4:59:38] Actually, the original permit has been expired for a while.
[4:59:44] And have you been sworn in?
[4:59:46] Sir?
[4:59:47] Okay.
[4:59:48] If you come up to the microphone and if there's anybody else that needs to be sworn in, if you
[4:59:53] time to speak today. Please stand a raise your right hand. Be sworn in. Do you swear or
[4:59:59] affirm that the testimony would be?
[5:00:00] Sure, about to give us the truth, the whole truth, and nothing but the truth. So how do you go?
[5:00:03] I do. Just state your name into the microphone.
[5:00:07] My name is Brian Chironoski. I'm being a design builders. Where are you?
[5:00:10] Good. So actually, I haven't had an extension once before, which is good through March 16th.
[5:00:19] I believe it's not currently expired.
[5:00:22] Why?
[5:00:23] My mistake. I didn't read the second paragraph. You're absolutely correct. It expires March 14th.
[5:00:28] Thank you.
[5:00:30] Thank you.
[5:00:30] That's correct.
[5:00:33] So I'm here asking, you know, the delays in my project aren't necessarily tied to the
[5:00:39] permanent amassing to extend today, as much as they are.
[5:00:42] This project has evolved into a whole building project.
[5:00:45] Not only do I have the permanent amassing to extend today, but I have three other residential
[5:00:51] alterations for upstairs units.
[5:00:53] We have a roofing permit, we have a electrical switch gear replacement permit open because there was
[5:01:01] a assessment with all the work that we're doing downstairs.
[5:01:05] The unit's upstairs really needed some repair and some requests at the owner to be done.
[5:01:12] And it just, for my scheduling standpoint, made sense to do some of that work ahead of the
[5:01:17] other work that we're doing downstairs.
[5:01:19] There are some plumbing changes that needed to tie in to building infrastructure that existed downstairs.
[5:01:25] For a ceiling is replaced up.
[5:01:27] There was original windows and one of the unit sub-stairs which has since been replaced.
[5:01:31] There were windows replaced but not impact in a couple other units.
[5:01:35] We've since replaced all the units except for one which is owned by another owner.
[5:01:41] But I believe we'll come on board.
[5:01:42] We'll be replaced at some point kind of closing the entire building envelope.
[5:01:47] The roof, which I mentioned is currently permitted, the flat section was replaced at some point in the recent past.
[5:01:55] I don't know that the man-served, which is what was permitted by one of my subs now, has ever been replaced.
[5:02:01] At least not a long time, I would say when it was last 25 to 30 years.
[5:02:05] So the addition of that work and the necessity for me to schedule that work as one project, not as the permit I'm just asking to extend today,
[5:02:14] has delayed that, but I believe in the time that I'm asking for all those can be brought
[5:02:19] at board.
[5:02:21] And like I said, I have five other permits right now that aren't in jeopardy of being
[5:02:26] expired at the same address currently.
[5:02:31] These are all different owners, correct?
[5:02:34] So, is this the one with a partner?
[5:02:36] Is this the one with a skinny pool that we have?
[5:02:38] Yes, yes.
[5:02:39] There you go.
[5:02:40] Those people, I'm sorry.
[5:02:41] There's five units in total two owners for those five units.
[5:02:48] The owner of most of them are here today.
[5:02:52] But I thought you weren't coming back.
[5:02:54] Yeah, well, that's until they had to do the upstairs units.
[5:03:00] Why are they doing the downstairs units?
[5:03:01] The downstairs is, you know.
[5:03:03] Now they're doing them all.
[5:03:04] 80% or, in fact, you know, another constraint too is
[5:03:07] we have another owner there who's been great
[5:03:10] that currently lives there, you know,
[5:03:12] Yazimality and currently live there,
[5:03:14] and that combination of the bottom,
[5:03:16] greatly interrupts their day-to-day life.
[5:03:19] So again, the scheduling of everything
[5:03:21] to minimize that, you know, disruption to them
[5:03:24] has kind of been a priority in how this project is ranked.
[5:03:32] To over 31st, I believe, is the date that I has for this.
[5:03:35] I know, but when is the expiration date
[5:03:38] of your other open permits?
[5:03:40] I don't have that at the time.
[5:03:41] I don't think any of them are before that date, though.
[5:03:45] So we'll be seeing you again after October.
[5:03:48] I mean, that majority of the work on those other permits has been done.
[5:03:52] I just don't want to, you know, frustrate the neighbors any longer than the longest permit you already have open.
[5:03:59] That's nice to you.
[5:04:01] The, I don't know which of these are the longest to tell you the truth.
[5:04:05] I'm going back and looking at each individual one.
[5:04:07] All right.
[5:04:07] Well, I'm going to ask for public comment just before we go to a motion.
[5:04:11] Is there anybody who would like to speak on this particular extension?
[5:04:18] Come on up to this side, sir.
[5:04:23] And you can just press the button.
[5:04:25] So the light comes on and there it's on.
[5:04:28] There you go.
[5:04:28] Just walk up to that.
[5:04:30] Say your name and address it.
[5:04:31] I'm Valentin Hernandez, 320 Chilean Avenue.
[5:04:34] And I'm here.
[5:04:36] I'm here.
[5:04:37] I'm here today, and I wish I wasn't because I would not want to be here.
[5:04:40] And I thought that we were going to finish this thing on time, but what happened is that we've taken a very old building very ugly and we're trying to make it nicer.
[5:04:51] And it turns out that you dig in and then you find something new and then you dig in something else and then you have to replace the roof and then the windows are not good and then the railings.
[5:05:01] So what we want to do is make the building 100% say, make all the windows storm proof, you know, fix the roof properly so that we can get everything done, you know, at one time.
[5:05:16] And hopefully, you know, a Brian will be finished before that, right?
[5:05:20] Yes. And I ask more than I hope to finish.
[5:05:23] I have more thoughts, we went through the fire station, and I want this thing to be finished
[5:05:30] more than all of you because we live with it.
[5:05:34] Okay.
[5:05:34] Thank you.
[5:05:41] All right.
[5:05:41] And seeing no other people wanting to speak, would anybody care to make a motion?
[5:05:48] Are you up a question?
[5:05:50] Julie's got a question.
[5:05:51] So Wayne, if it gets, if it gets to be too much on the neighbors, which this would be
[5:05:58] Have you heard anything from the neighbors and anything any complaints?
[5:06:03] We actually had a neighbor consent,
[5:06:06] our com staff approval just recently, so they had to be made aware and sign off on some
[5:06:10] our commission.
[5:06:11] Okay, so just to make it clear on the record,
[5:06:14] the owner just said that they have had no complaints.
[5:06:18] The gentleman who just spoke, Valentin Hernandez, thank you.
[5:06:24] So, I just wondered if we should put anything in there like we have on some other extensions that, you know, if there are neighbor complaints that they would come before us.
[5:06:36] If there were neighbor complaints, and I'm not familiar with any of them.
[5:06:39] We would always bring it back to you.
[5:06:41] Okay. Thank you.
[5:06:42] So, I'm good. Good to go. You want to motion.
[5:06:45] Ted is next.
[5:06:46] Oh, sorry.
[5:06:47] I'm just going to make a motion.
[5:06:48] Okay.
[5:06:48] I had.
[5:06:51] I will move to grant the requested waiver for code section 18-237 for the building permit extension at 3-20 Chile and Avenue as requested.
[5:07:02] Until October 31st.
[5:07:04] As request.
[5:07:06] Mr. Coney.
[5:07:10] Yes.
[5:07:11] Mr. Cranton.
[5:07:12] Mr. Cranton.
[5:07:12] Mr. Ruscon.
[5:07:13] Yes.
[5:07:14] Ms. Moran. Yes.
[5:07:15] Ms. Lindsey.
[5:07:18] Thank you, Brian.
[5:07:24] One left.
[5:07:24] to 18 Barton Avenue.
[5:07:27] This is a residential alteration with addition.
[5:07:30] Foster Banyan Building and Development LLC. Request for 177 days with all work to be completed by June 1st,
[5:07:38] 2026. Let me read the second paragraph this time. Original expiration date of June 26, 2025. This project has run into excessive mold on site.
[5:07:54] Go ahead.
[5:08:01] I'm good.
[5:08:03] I'm Dan Lazaric.
[5:08:04] My wife Natalie and I are the homeowners of 2018 Barton.
[5:08:07] We bought to house in 2015.
[5:08:10] My wife Natalie grew up in the house.
[5:08:12] We bought it from her parents and our dream was to restore the house and raise our family.
[5:08:17] Which at the time was one daughter is now four daughters.
[5:08:22] That dream was delayed in 2016 when one of our daughters was diagnosed with a very large brain tumor.
[5:08:29] And after many life-saving surgeries, a five-year plus journey, and her restoration, it's
[5:08:37] a great outcome, miraculous.
[5:08:42] We restored the project and started again, and so went to our common 2022 and got the
[5:08:47] appropriate additional approvals, and in late 2023, started the project with the approvals.
[5:08:54] And we built the addition.
[5:08:56] And we were getting ready to move into the house this past year.
[5:09:01] And as we were getting ready to move in,
[5:09:03] the addition we found mold coming from the light sockets
[5:09:08] and from the sconces, in the very new addition.
[5:09:11] On further investigation, we found that the icing insulation,
[5:09:15] which was approved to be put into the new addition attic,
[5:09:18] was not icing insulation,
[5:09:20] and that combined with the hot and the cold air of the AC,
[5:09:23] Cosmol to run rampant through the new addition on the second floor.
[5:09:27] Therefore, the family is not moving in yet,
[5:09:31] and we had to demo the whole second floor again.
[5:09:35] So as a result, in the inside of it, not the core of the addition.
[5:09:39] And as a result, then, we went through a change of contractor.
[5:09:43] And that is faster behavior.
[5:09:45] Needless to say, that's a whole sidebar for another day.
[5:09:50] And they've put together the project plan,
[5:09:52] And we have given the proper notice to neighbors, and we're here today to ask for your
[5:09:59] approval for the extension, which we think will take a couple of months to finish.
[5:10:04] We're fostering, and it's done the appropriate work.
[5:10:07] We think we have the right people lined up this time to get it done, and that's it.
[5:10:13] Thank you for all you do for town of Palm Beach and for us, and ask a couple of months
[5:10:19] extension.
[5:10:19] I'm ready to make a motion.
[5:10:21] to be like anybody else. Okay and and goblash your daughter. I'm so thankful she's okay that's
[5:10:27] most important. I make a motion to approve the request for waiver of town code section 182237 for
[5:10:36] building permit extension at 2008 excuse me 218 Barton Avenue. Is there a song? Yes. Ms. Moran.
[5:10:48] Yes,
[5:10:49] Thank you. Thank you.
[5:10:50] Thank you.
[5:10:55] I'm on Kedlton.
[5:10:57] I'm on the other side.
[5:10:58] Thank you.
[5:10:59] God bless you and your daughter and everyone.
[5:11:02] Last thing I'd like to say before you are done.
[5:11:05] So just make sure I can say something.
[5:11:07] Okay. Go ahead.
[5:11:08] I'm going to have a last word.
[5:11:09] This is your last.
[5:11:11] Although we have one more quick meeting,
[5:11:13] but this is your last big meeting with us.
[5:11:15] Again, I just thank you Bobby and we'll miss you and I'm so happy you'll be at the next meeting with us
[5:11:22] Okay, well, I'm coming back again. We've got another meeting and then I'm coming back in April to watch you guys
[5:11:30] Real elect a new president. So I would like to invite everybody. It's just a bow cocktail hour to
[5:11:38] Cross-go across the street disease. He's one and order cocktail and I'm bio-kind
[5:11:43] Wow.
[5:11:44] I'm buying.
[5:11:45] And that includes staff, Joanne, who is the state of Texas.
[5:11:50] And she too, too.
[5:11:52] You're what a balo.
[5:11:53] You're going to take a picture.
[5:11:54] Okay.
[5:11:55] If you're available, it's all go.
[5:11:58] Oh, sit.
[5:11:59] To the top.
[5:12:00] You have what?
[5:12:03] Good.
[5:12:04] So you're in.
[5:12:05] Joanne's in for your.
[5:12:06] Leave it to her.
[5:12:07] Where's Mr. Murphy?
[5:12:08] Did he leave?
[5:12:09] Oh, darn.
[5:12:10] Okay.
[5:12:11] All right.
[5:12:11] But,
[5:12:14] okay, Kelly.
[5:12:16] Thanks, Kelly.
[5:12:18] Don't forget to hit the gavel one last time.
[5:12:21] Motion to adjourn.
[5:12:22] Thank you.
[5:12:24] Thank you, gentlemen, for watching us all day.
[5:12:27] Thank you, Bobby.
[5:12:28] Really appreciate it.
[5:12:29] Thank you.
[5:12:31] So,
[5:12:33] well, it's 430.
[5:12:36] What did
[5:12:39] I tell you?
[5:12:43] Did you say 430?
[5:12:44] I don't know, I don't know.