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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 . Rita L. Taylo'V Town Clerk