HomeMy Public PortalAbout04/12/1993April 2, 1993
MAYOR: William F. Koch, Jr.
VICE MAYOR: Alan I. Armour
COMMISSIONER: James E. Cross
A. Curtis True, M.D.
Kathleen S. Wallace
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON MONDAY, APRIL 12, 1993 AT 9:00 A.M. IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
AGENDA
I. Call to Order
II. Pledge of Allegiance
III. Roll Call
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. Minutes
A. Regular Meeting of March 12, 1993
B. Certification of Election Returns held March 12, 1993
VI. Reorganization
A. Election of a Mayor
B. Election of a Vice Mayor
C. Appointment of two (2) members for the Architectural Review and
Planning Board (3 year terms each)
VII. Announcements
A. Delray Beach Fire Department News Release RE: Ratings for EMS.
B. Date of May, 1993 Regular Meeting, May 14, 1993 at 9:00 A.M.
C. Dates of June and July Meetings
VIII. PUBLIC HEARING
A. Variances
1. Samuel Ogren, Jr., Agent for Donald C. McGraw, Jr., 1330
N. Ocean Blvd., Gulf Stream, F1. 33483
a. Construction of a cloister that would extend 7.82'
into the required 27.82' rear yard setback adjacent to
the Intracoastal Waterway.
b. Construction of a cloister with a flat roof which,
together with the existing flat roof area of the
residence, would exceed the maximum 640.3 sq. ft. flat
roof area permitted by 580.7 sq. ft.
IX. Site Plan Review
A. Samuel Ogren, Jr., Agent for Donald C. McGraw, Jr., 1330 N.
Ocean Blvd., Gulf Stream, F1. 33483 - Construction of a cloister
on the west side of the property.
B. Michael Bryant, B.K. Marine Const. Inc.,Agent for Eleanor Meyer,
530 Old School Rd.- Construct a dock and one dolphin piling.
C. Delma W. Swilley, Del Swilley, Inc., Agent for Christopher R.
Rodgers, 555 Palm Way, Gulf Stream, F1. 33483 - Installation of
an asphalt circular driveway.
X. Special Exception
A. Requesting extension of construction trailer permit at 3223 N.
Ocean Blvd., Gulf Stream, F1.- Caliendo Building & Design
XI. Reports
A. Town Manager
1. Projects adjacent to Place Au Soleil
2. Update on drainage projects
B. Town Attorney
1. Historic Preservation Tax Credits
C. Financial Director
1. Financial Report for March, 1993
AGENDA CONTINUED
XI. Reports (Continued)
J D. Architectural Review and Planning Board
1. April Meeting Date -April 28, 1993 at 9:00 A.M.
E. Police Report
F. Construction in Progress in March, 1993
XII. Correspondence
A. City of Boynton Beach Resolutions
1. #93 -28 urging FDOT to provide traffic separators in medians
of I -95.
2. #93 -29 supporting the request of FDNR for additional time
and money to study re- establishment of Coastal Construction
Control Line in Palm Beach County.
3. #93 -34 supporting legislation to grant all certified law
enforcement officers in Florida the authority to arrest for
any felony or misdemeanor committed in their presence any-
where in the State of Florida.
4. #93 -35 recommending the Fla. Legislature make no changes to
the Contraband Forfeiture Act which would restrict or impede
the ability of law enforcement authorities to carry out
the provisions of the act.
XIII. Items for Commission Action
A. Tabled from March 12, 1993 - Seasonal Restriction on rezoning,
site plan review and construction.
B. Resolutions
1. #93 -4; Resolution of Appreciation from the Town of Gulf
Stream to The Gulf Stream Golf Club and Stanley Carr
2. #93 -5; Resolution of Appreciation from the Town of Gulf
Stream to Edward Allen and Jerry Kleehammer
C. Items by Commissioners
XIV. Public
XV. Adjournment
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION OR BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED
AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR
SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS
IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED. 286.0105, F.S.S.
REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM ON MONDAY, APRIL 12, 1993 AT 9:00 A.M. IN THE COMMISSION
CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order Mayor Koch called the meeting to order at 9:00 A.M.
II. Pledge of Allegiance
III. Roll Call
Present and
Participating:
Also Present
& Participating:
Commissioner Armour led the Pledge of Allegiance
William F. Koch, Jr
Alan I. Armour
James E. Cross
A. Curtis True, M.D
Kathleen S. Wallace
E. Scott Harrington
John Randolph
Rita Taylor
William Gwynn
Joan Orthwein
Walter Donahue'
Stanley Carr
Kerry B. Koen
Bob Barcinski
Donald McGraw, Jr.
Richard Brooks
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner-
Town Manager
Town Attorney
Town Clerk
Finance Director
Chairman of ARPB
Pres. Gulf Stream Golf Chb
Gr. Supt. Golf Club
Fire Chief - Delray Beach
Asst. City Mgr. - Delray Bch
Applicant- Variance
Applicant -Spec. Exception
IV. Additions, withdrawals, deferrals, arranqement of agenda items.
Mayor Koch suggested that Item VII.A., the Delray Beach Fire Dept.
News Releases, be addressed at this time followed by Item XIII.B.1. and 2.,
Resolutions #93 -4 and #93 -5. There were no objections.
Mayor Koch introduced Chief Kerry B. Koen, Delray Beach Fire Chief and
Gulf Stream Fire Chief thru contractural service. Chief Koen was pleased
to announce that the Delray Beach Fire Department has been awarded two
"exemplary" ratings for pre - hospital emergency medical services by the
State of Florida. The recognition is for excellence in both administrative
and operation areas of emergency care which considers categories and
performance standards extablished by the Department of Health and
Rehabilitative Services. r)nly 10% of the agencies inspected by H.R.S.
since mandatory inspections began in 1990 have achieved this recognition,
he said. Chief Koen further announced that the City of Delray Beach, and
the Town of Gulf Stream, have received an improved fire protection
classification as awarded by Insurance Services Office (I.S.O.) . The Public
Protection Classification is Class 3 on a progressive scale from 10 through
1, with 1 being the best classification. Attainment of the Class 3 rating
places Delray Beach in the top 2.9% of all rated jurisdictions in the state,
he said. Chief Koen closed by stating that his department is pleased to be
of service to the Town of Gulf Stream and he believed that there is a
very good working relationship between the two towns.
Mayor Koch then introduced Bob Barcinski, Assistant City Manager in Delray
Beach. Mr. Barcinski stated that the City of Delray is very pleased with
recognition that has been given to the Fire Department. He added that the
City is glad to be able to enter into Interlocal Agreements for their
services to be provided to other municipalities, citing the agreement with
Gulf Stream and the pending agreement with Highland Beach. Mr. Barcinski
Regular Meeting and Public Hearing
Town Commission -April 12, 1993 page 2
commented on the excellent cooperation between the City of Delray Beach
and the Town of Gulf Stream in closing.
Town Manager Harrington advised that the working relationship of all
departments in both towns has been excellent and he expects it to continue.
C Mayor Koch commented that there has always been good relations between the
towns thru the years and he felt this would continue for many years to come.
Resolution #93 -4 expressing the Town's appreciation to the Gulf Stream
Golf Club and Stanley Carr for their assistance in clearing the debris
from State Road AlA following the "Storm of the Century" was read in it's
entirety. Walter Donahue came forward to accept the Resolution on behalf
of the Gulf Stream Golf Club and advised that the Club was pleasedto assist
the Town at any time of emergency and they were pleased that Mr. Carr
assisted so promptly. He closed by stating that the Club had authorized
Mr. Carr to continue this practice at any time he is requested to do so
by the Town. Mr. Carr stated that he was pleased to be of assistance to
the Town and was confident that the Town would continue to assist the Club
as well in time of need.
Commissioner Armour moved to adopt Resolution #93 -4, seconded by Commis-
sioner Cross. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm.
Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
Resolution #93 -5 expressing the Town's appreciation to Sergeant Edward
Allen and his friend Jerry Kleehammer for their assistance in clearing the
debris from State Road AlA following the "Storm of the Century" was read
in it's entirety and accepted on their behalf by Town Manager Harrington in
their absences.
Commissioner Cross moved for the adoption of Resolution #93 -5 which was
seconded by Commissioner Armour. Roll Call: Comm. Wallace; AYE, Comm.
Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
V. Minutes
A. Regular Meeting of March 12, 1993
Commissioner Armour moved that the minutes be approved as
circulated, seconded by Commissioner True. Roll Call: Comm. Wallace; AYE,
Comm. Armour; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE.
B. Certification of Election Returns held March 12, 1993.
Commissioner Wallace moved and Commissioner Cross seconded that
the minutes be approved as circulated. Roll Call: Comm. Wallace; AYE,
Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
VI. Reoraanization
A. Election of a Mayor
Commissioner Armour moved that William F. Koch, Jr. be selectedto
be Mayor. The motion was seconded by Commissioner Wallace. Roll Call:
Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE,
and Mayor Koch; AYE.
B. Election of a Vice Mayor
Commissioner Cross moved and Commissioner True seconded that
Alan I. Armour be selected Vice Mayor. Roll Call: Comm. Wallace; AYE,
Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
Regular Meeting and Public Hearing
Town Commission -April 12, 1993 page 3
C. Appointment of two (2) members for the Architectural Review and
Planning Board (3 -year terms each)
Mayor Koch advised that the terms of Joan Orthwein and William
Lynch have expired. He asked Attorney Randolph to review the provisions
of the ordinance with regard to terms on the ARPB. Attorney Randolph
advised that the former Planning Board was eliminated when the APB
Owas formulated with additional responsibilities and criteria to follow.
At that time, the terms were established for 3 years each with the exception
that two of the positions would serve a two year term each at the beginning
in order that the terms would be staggered. He added that the terms are
.limited to two consecutive terms. Town Manager Harrington added that Mrs.
Orthwein and Mr. Lynch were given the first two year terms due to the
fact that they had served on the former Planning Board but that they are
entitled to be reappointed to one three -year term if it is the pleasure
of the commission. Commissioner Cross moved and Commissioner Wallace
seconded that Joan Orthwein be reappointed to a three year term on the ARPB.
Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm.
True; AYE, and Mayor Koch; AYE.
Commissioner Armour moved that William Lynch be reappointed for a three -
year term on the ARPB which was seconded by Commissioner True. Roll Call:
Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE,
and Mayor Koch; AYE.
VII. Announcements
A. Delray Beach Fire Department News Release RE: Ratirgs for EMS.
This item was addressed previously on the agenda
B. Date of May, 1993 Regular Meeting, May 14, 1993 at 9:00 A.M.
Mayor Koch announced the date of the meeting.
C. Dates of June and July Meetings.
It was agreed by the commissioners that the Regular Meeting for June would
be held on the third Friday, June 18, 1993 at 9:00 A.M. It was further
agreed that the July meeting would be held on Thursday, July 22, 1993
at 2:00 P.M. at which the budget for fiscal year 1993 -1994 will be presented.
Commissioner Armour suggested that a workshop meeting be held soon to
discuss pending matters and projects. It was unanimously agreed that
a workshop meeting be held on Wednesday, April 28, 1993 at 3:00 P.M. Town
Manager Harrington requested that the commissioners furnish a list of
items they want to discuss no later than April 20, 1993 but added that there
would be an opportunity for open discussion of items not specifically listed
on the agenda.
VIII. PUBLIC HEARING
�) A. Variances
1. Samuel Ogren, Jr., Agent for Donald C. McGraw, Jr._1330
N. Ocean Blvd., Gulf Stream, F1. 33483
a. Construction of a cloister that would extend 7.82' into
the required 27.82' rear yard setback adjacent to the
Intracoastal Waterway.
Joan Orthwein, Chairman of the ARPB reported that the board had voted to
recommend that the variance be granted to permit the construction of a
cloister that would extend 7.82' into the required 27.82' rear yard setback
adjacent to the Intracoastal Waterway due to the unique location and there
being no immediate neighbors in the area of the improvement, provided that
a recorded deed restriction prohibiting any additional enclosure is executed
and the glasswall is 5' high to enclose the pool area.
Regular Meeting and Public Hearing
Town Commission -April 12, 1993
page 4
Mr. McGraw explained that at present, the pool area is screened and it
is his desire to remove the screen enclosure and construct the cloister
with the glass wall to enclose the pool area which will give a more open
appearance.
Commissioner Armour agreed that this is a unique location and confirmed
Qthat there are no immediate neighbors. He then moved that a variance
be granted to permit the construction of .a cloister that would extend
7.82' into the required 27.82' rear yard setback adjacent to the Intracoastal
Waterway due to the unique location and there being no immediate neighbors
in the area of the improvement, with the provision that a recorded deed
restriction prohibiting any additional enclosure is executed and the glass
wall is 5' high to enclose the pool area. The motion was seconded by
Commissioner True. During discussion, Commissioner Wallace commended
Town Manager Harrington for working with everyone concerned with this matter
and noted that only a small percentage of the proposed cloister would
encroach, not the entire structure. There were no comments from the public
and no written comments had been received, according to the Town Clerk.
Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm.
True; AYE, and Mayor Koch; AYE.
b. Construction of a cloister with a flat roof which,
together with the existing flat roof area of the
residence, would exceed the maximum 640.3 sq. ft. flat
roof area permitted by 580.7 sq. ft.
ARPB Chairman Orthwein reported that the board had recommended that the
variance be granted as requested.
Mr. McGraw was recognized and advised that he was requesting to withdraw
his request for this variance as he had determined that the structure
would be more aesthetically pleasing without a roof and with the columns
to be connected with a decorative fascia.
Commissioner Wallace moved that Mr. McGraw's request to withdraw the
application for a variance to permit a flat roof on the cloister be granted.
The motion was seconded by Commissioner Cross. Roll Call: Comm. Wallace;
AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch;
AYE.
IX. Site Plan Review
A. Samuel Ogren, Jr., Agent for Donald C. McGraw, Jr., 1330 N.
Ocean Blvd., Gulf Stream, F1. 33483 - Construction of a cloister
on the west side of the property.
i Chairman Orthwein reported that the ARPB had recommended that the site plan
be approved as requested.
Commissioner Wallace moved that the site plan be approved provided that
the glass wall enclosure is 5' in height, that a recorded deed restriction
prohibiting any additional enclosure is executed, and that the flat roof
is replaced by a decorative fascia. The motion was seconded by Commissioner
Armour. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour;
AYE, Comm. True; AYE, and Mayor Koch; AYE.
Regular Meeting and Public Hearing
Town Commission -April 12, 1993 page 5
B. Michael Bryant, B.K. Marine Const. Inc., Agent for Eleanor Meyer,
530 Old School Rd.- Construct a dock and one dolphin piling.
Chairman Orthwein reported that the ARPB recommended approval as requested.
Commissioner Armour moved and Commissioner Wallace seconded that the site
plan be approved as presented. Roll Call: Comm. Wallace; AYE, Comm. Cross;
AYE; Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
C. Delma W. Swilley, Del Swilley, Inc., Agent for Christopher R.
Rodgers, 555 Palm Way, Gulf Stream, F1. 33483 - Installation of
an asphalt circular driveway.
Joan Orthwein, Chairman of the ARPB, reported that the board recommended
that the plan be approved provided every effort is made to complete the
installation within 1 week, landscape material is installed, and the
paved parking area that exists in the right -of -way is removed and the area
landscaped. She further reported that the neighbor across the street had
appeared and protested the amount of noise and inconvenience that had
resulted from the ongoing construction all season but that she apparently
is not in attendance today.
Commissioner Wallace moved and Commissioner True seconded that the site
plan be approved provided the existing paved parking area in the right -
of -way is removed and the area landscaped, landscape material is installed
in the area of the new driveway, and that every effort is made to complete
the installation within 1 week. Roll Call: Comm. Wallace; AYE, Comm.
Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
X. Special Exception
A. Requesting extension of construction trailer permit at 3223 N.
Ocean Blvd., Gulf Stream, F1. - Caliendo Bldg. & Design.
Richard Brooks, representing Caliendo Building & Design advised that the
dwelling under construction at 3223 N. Ocean Blvd. is not yet "dried in"
so the garage could be used in place of a construction trailer that is
currently in place on the site. He requested an extension of 120 days
for the trailer permit. Town Manager Harrington explained that he had
first received a letter from Caliendo Building requesting a 90 day
extension which is a part of the agenda packet. Subsequent to that, and
after the agenda had been prepared, Mr. Brooks'letter had been received.
Commissioner Wallace called attention to the fact that several extensions
had already been granted for the construction trailer, dating back to the
original approval of August 1991. She referred to the memorandum from the
Town Manager which reminded that the Commission had granted the last
extension in October, 1992 and at that time the staff recommended that
the trailer be removed and the garage readied to house these operations.
UMr. Brooks distributed pictures of the site and stated that the trailer
could be barely seen from the road.
Commissioner Wallace moved that an extension of,the special exception
to permit the construction trailer be granted to only April 30, 1993,at
which time it shall be removed from the site, as recommended by the Town
Manager. The motion was seconded by Commissioner True. Roll Call: Comm.
Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and
Mayor Koch; AYE.
Regular Meeting and Public Hearing
Town Commission -April 12, 1993 page 6
XI. Reports
A. Town Manager
1. Projects adjacent to Place Au Soleil
Town Manager Harrington advised he would be addressing three issues involving
property in the vicinity of Place Au Soleil. 1) Two parcels owned by F.I.N.D
one on the north side of Place Au Soleil which is not in the Town and one
C, on the south side which is in the Town. 2) Marina Cay, a proposed develop-
ment adjacent to the parcel owned by F.I.N.D. on the south of Place Au
Soleil. 3) Anchorage, a proposed development directly across the Intra-
coastal Waterway from the south end of the Golf Club.
Mr. Harrington explained that while the F.I.N.D. parcel to the north is not
in the Town, the Town does have a 15 year lease on it from 1988. While the
F.I.N.D. parcel to the south is in Gulf Stream there is no direct access
but the Town has an easement agreement with the adjacent owners of property
thatfrontson Federal Highway so that the police can patrol the F.I.N.D.
parcel. Mr. Harrington stated he had contacted F.I.N.D. with regard to
their future plans for both parcels. They advised that they are intended
to be used once again as spoil areas at such time as the Intracoastal is
dredged, which could be very far in the future. Mr. Harrington believed
efforts should be made to annex the north parcel so that it can be zoned
to be compatible with the rest of Gulf Stream. The Commissioners agreed
and Mr. Harrington stated he would open dialogue along those lines.
Mr. Harrington distributed copies of the proposed project Marina Cay. He
stated that Delray Beach advised that approval for the project had been
renewed several times but the current renewal will expire in August, 1993,
andit5 urcertain if an extension will be requested in that the property
has been taken over by the R.T.C. He advised that he will follow on this
in August.
With regard to the Anchorage project, Mr. Harrington advised that the
applicant proposed to construct 42 single family dwellings on 17 acres
but does not at this time hold title to any of the property. He added
that the City of Delray has had conceptual review but when the project
comes for official review, it will be necessary that the applicant be able
show his interest in the property. The conceptual plans include the up-
grading of George Bush Blvd. and construction of a passive park directly
across from Hidden Harbour, he said. Mr. Harrington advised he would
continue to follow on this as the next step would be a preliminary plat
approval.
2. Update on drainage projects.
Mr. Harrington advised that the drainage improvements have been completed
on Banyan Road and Polo Drive and that the improvement for Old School Road
would follow as soon as the area dries out. He further advised and an
analysis of the problems in Place Au Soleil will then proceed. The Town
Manager stated that St. Andrews Club had requested that the drainage
improvements for County Road be postponed until May when most of their
residents have gone.
B. Town Attorney
1. Historic Preservation Tax Credits.
Attorney Randolph advised that an ordinance to implement the procedures
for obtaining the tax credit will be required. He stated that this will
be a complicated document and at this time, most municipalities are waiting
for the others to prepare such a document so it can be used as a model.
Regular Meeting and Public Hearing
Town Commission -April 12, 1993 page 7
He added that Orlando has hired an expert in this field and he recommended
that Gulf Stream wait to review their new ordinance, unless the Town wants
to authorize funds that would be necessary to prepare the ordinance at
this time. The Commissioners agreed to wait for the Orlando ordinance.
C. Financial Director
1. Financial Report for March, 1993.
William Gwynn, Finance Director, presented his report, and advised that
�I the cash projection at the six month period indicates that there will be
adequate funds available to the end of the year. Commissioner Armour moved
and Commissioner Wallace seconded that the Financial Report be approved
as presented. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm.
Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
D. Architectural Review and Planning Board
1. April Meeting Date.
Chairman Orthwein announced that the meeting will be held on April 28, 1993
at 9:00 A.M.
E. Police Report
In the absence of Chief Schultz, Town Manager Harrington presented the
police report. Commissioner Armour commented that Chief Schultz, letter
to the residents in Place Au Soleil was excellent and he asked Mr. Harrington
to convey this to Chief Schultz. Commissioner Armour encourage3residents
to keep their doors locked to discourage thieves.
F. Construction in Progress in March, 1993.
The report was made a part of the record.
XII. Correspondence
A. City of Boynton Beach Resolutions
1. #93 -28 urging FDOT to provide traffic separators in medians
of I -95.
2. #93 -29 supporting the request of FDNR for additional time
and money to study re- establishment of Coastal Construction
Control Line in Palm Beach County.
3. #93 -34 supporting legislation to grant all certified law
enforcement officers in Florida the authority to arrest for
any felony or misdemeanor committed in their presence any-
where in the State of Florida.
4. #93 -35 recommending the Fla. Legislature make no changes to
th=_COntraband Forfeiture Act which would restrict or impede
the ability of law enforcement authorities to carry out
the provisions of the act.
All of the above resolutions were made a part of the official record.
XIII. Items for Commission Action
A. Tabled from March 12, 1993 - Seasonal Restriction on rezoning,
site plan review and construction.
Town Manager Harrington reminded that this item had been on the March, 1993
agenda but due to time constraints, it had been tabled to this meeting.
He advised that he had been researching what other communities were doing
with regard to restricting zoning and construction activities during certain
times of the year and that he would continue to do so. To this date, he
had found none that restricted variances and site plan reviews to any certain
months. In the event the Commission feels an official zoning season is
necessary, he offered the following recommendations:
Regular Meeting and Public Hearing
Town Commission -April 12, 1993 page 8
1) Require all proposed map and text changes to have at least one ARPB
public hearing in the months of October through, and including, May.
2) Require all proposed map and text change ordinances to have either
first or second reading held in the months of October through, and including
May. 3) Exempt from the above provisions, emergency map and text changes
which are necessary to comply with county, state or federal mandates, law-
suits, or which are otherwise necessary to prevent the Town from experiencing
Cj a financial loss, including the potential loss of grant money.
Mr. Harrington advised that an examination of Town records indicates that
over the last 3 years, site plan reviews have averaged about 2 -3 per month
with no discernable trend between months. He felt it important to note
that projects requiring site plan review include everythingfrom privacy
walls to school gymnasiums, and if the Commission believes there should be
some restriction on site plan reviews, perhaps it would be best to restrict
only the largest and most potentially controversial projects during summer
months. He suggested these could include the following:
1) Projects requiring a variance. 2) New houses or other new buildings.
3) Additions of greater than 50% (or more than 5,000 sq. ft.) to an
existing building. 4) Second floor additions to one story houses /buildings.
With regard to construction seasons, the Town Manager advised that the Town
had an established construction season consisting only of the late spring,
summer and early fall months. At some point, as more residents began to
live in the community year- round, the Town dropped this restriction, he said.
While he had no opinion on the matter of restriction, he offered the
following for discussion, should the Commission believe some restrictions
are necessary: 1) Prohibiting construction on Saturdays during winter
months. 2) Further limiting the hours of construction during the winter
months. 3) Prohibiting pile- driving during the winter months. 4) Require
all construction over a certain amount of square footage to begin during a
certain period, with the idea that the "worst" part of it would be done
before the season.
Commissioner Wallace reminded that the quality of life in Gulf Stream is
very important and she believed that there should be as little disruption
during the season, when residents are doing the most entertaining, as
possible. With this in mind, she suggested that construction be limited
from April 15 to November 15. Mayor Koch did not believe it would be
legal to prohibit construction. Attorney Randolph advised that he would
not recommend that there be a total prohibition on construction but felt
there could be restrictions as to the degree of construction permitted.
JCommissioner Wallace advised that she had received numerous comments from
property owners regarding variance and site plan reviews that were held
during the summer while many residents are away. She acknowledged that
notices are sent to surrounding property owners prior to any of the hearings
at all times of the year but felt that a hardship is created for those
away for the summer in that they either must return to represent their
interests or engage someone to do it for them. She believed that Mr.
Harrington's recommendations for discussion in the matter of site plan
review and variance applications are excellent and suggested that the
demolition of existing houses be added to the list. Several persons from
the audiance spoke in favor of limiting construction during the winter
and suspending site plan review and variance applications during the summer.
They did not come forward to identify themselves for the record.
Regular Meeting and Public Hearing
Town Commission -April 12, 1993 page 9
The Commissioners unanimously agreed to place this matter on the Workshop
Agenda for April 28, 1993 at 3 P.M.
B. Resolutions
1. #93 -4; Resolution of Appreciation from the Town of Gulf
Stream to The Gulf Stream Golf Club and Stan Carr
2. #93 -5; Resolution of Appreciation from the Town of Gulf
Stream to Edward Allen and Jerry Kleehammer
�i These Resolutions were adopted at the beginning of the meeting.
C. Items by Commissioners
Commissioner Wallace stated that the vacant lot on Lakeview Drive was
littered with a considerable amount of debris caused by the recent storms
and further noted that there is a dumpster on the lot that should not be
there. She felt this should be cleared off as it is very unsightly. Town
Manager Harrington explained that the owner of the lot lives in another
state and had been contacted with regard to the condition of the property.
Authorization was given for the Town to have it cleared and arrangements
have been made to have it done. With regard to the dumpster, Mr. Harrington
advised that construction is underway across the street and the owner
asked permission from both the vacant property owner and the Town to place
it there. Mr. Harrington believed it would not be any more unsightly to
have it on the vacant lot as to have it in front of the house across the
street. He advised that he would have it relocated if the commission so
desires.
Commissioner Armour stated that he had noted several trash piles that had
not been promptly removed by County Sanitation and suggested that these
be followed on more closely and that County Sanitation be contacted.
Commissioner True asked Mr. Harrington for an update on the sewer project.
Mr. Harrington advised that he had not spoken with Mr. Hallock since the
meeting of the Gulf Stream Homeowners Improvement Association but that he
would contact him to find out how many Gulf Stream residents had shown
interest in extending the private facility.
XIV. Public
There was no comment from the public.
XV. Adjournment
Mayor Koch adjourned the meeting at 11:10 A.M. on a motion to do so
by Commissioner Armour which was seconded by Commissioner Wallace with all
voting in the affirmative.
/23 lo
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Rita L. Taylo'V Town Clerk