HomeMy Public PortalAbout07/12/1983There will be a
Meeting of the mcAL pzAmum AGENCY
of
THE TOWN OF GULF STREAM, FLORIDA
AT THE TOWN HALL
Tuesday,
July 12 1983 at 9:00 A.M.
Deputy Town Clerk.
LOCAL PLANNING AGENCY
July 12, 1983
Present: William A. Mayer, Chairman
Kenneth Rubsamen (Arrived at 9:30 A.M.)
Also Present: Gene Caputo, Executive Management, Robert J. Dixson,
Commissioner, Town Clerk Barbara Gwynn, Secretary
Cynthia Harms.
The meeting was called to order at 9:10 A.M. Mr. Gene Caputo stated
that this meeting was to review the changes that had been made either
by deletions or additions in the draft. He displayed the land Use Map
and new Zoning Map.
Discussion included the following items:
Preservation of the wildlife area.
Recreational needs.
It is the reconnendation of the Local Planning Agency to re -write
the preamble of the O.R. District.
Congregate living and club house.
Town's relationship with county.
School -- non - conforming use.
Florida Power & Light regular meeting.
A -1 -A widening and surrounding areas not approved for removing from
Plan of N.P.O.
Water system. Suggested to add "based on a water service agreement,
a water system is being provided which is currently under study
for improvement in the near future"
Water service agreement.
Drainage needs of the Town.
Long Range Planning Committee -- is of the Gulf Stream Civic Association
and not of the Town of Gulf Stream.
There being no further business to core before the Local Planning Agency,
the meeting adjourned at 10:20 A.M.
r —\
Barbara Gwynn
Town Clerk
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
William F. Kock. Jr., Mayor
Joel Hunter, Vice Mayor
Alan I. Armour
Robert J. Ddson
Brien Pfeiffer
July 20, 1983
PUBLIC NOTICE
RESIDENTS OF THE TOWN
A petition has been received requesting the following variance
pursuant to Sec. IX - I Gulf Stream Code.
That the south side yard setback be changed
from 25' to 6' for a construction project
at the Gulf Stream Bath & Tennis Club, Lot
16, Block D, Palm Beach Shore Acres as re-
corded in Plat Book 7, page 38.
MAIL ADDRESS
248 SEA ROAD
GULF STREAM, FLORIDA
17444
TEL.: GULF STREAM
2785118
Town Manager
WILLIAM E. GWYNN
Deputy Town Clerk
BARBARA GWYNN
Chief of Police
JAMES GREER
The Gulf Stream Planning Board will review the variance request
on August 3, 1983 at 9:00 a.m. and the Gulf Stream Crnmissioners
will conduct a Public Hearing at 9:00 a.m. on August 12, 1983
at the Gulf Stream Town Hall, 246 Sea Road, Gulf Stream, Florida
and all interested persons will be given an opportunity to be
heard.
Barbara Gwynn
Town Clerk
VI
/"V/
HARRY A. JOHNSTON n
DONALD J. SASSER
JOHN C.RANDOLPH
H.ADAMS WEAVER
MAUREEN A.HACKETT
July 21, 1983
JOHNSTON, SASSER, RANDOLPH & WEAVER
ATTORNEYS AND COUNSELORS AT LAW
310 OKEECHOBEE BOULEVARD
WEST PALM BEACH, FLORIDA 33402
P.O. BOX M
Barbara Gwynn
Town of Gulfstream
246 Sea Road
Gulf Stream, Florida 33444
Dear Barbara:
HENRY F. LILIENTHAL
1902 -1982
OF COUNSEL
HARRY ALLISON JOHNSTON
(305) 655 - 010 8
Enclosed for your information is copy of the ordinance you
requested relating to hours and dates of construction.
Very truly yours,
ohn C. Randolph
JCR:dm
Enclosure
1247
• PALM BEACH CODE § 1247
Maximum Leve4 DBA
ARTICLE IV. NOISE*
Area (Geographic)
DIVISION 1. GENERALLY
Sec. 12147. Noise measured criteria.
61 55
2
(a) Use of meter authorized Measurement of noise may be
made with a sound level meter using the "A" scale (DBA)
and/or an octave band (frequency) analyzer meeting the stand-
ards prescribed by the American Standards Association. Mea-
•Cross references—Unnecessary sounding
surement and recordation of any noise which has the possibility
of annoying, disturbing, being injurious or endangering the com-
fort, repose, health, peace or safety of others shall be measured
and recorded at the property line of the private property originat-
ing said noise or shall be measured and recorded at the property
line of the adjacent private property if said noise is originating
from any public road, street or property.
(b) Geographic sections. The listed criteria shall be applicable
to the following geographical areas of the town:
(1) Area 1. From the northerly corporate limits southerly to
Wells Road.
(2) Area 2. From Wells Road southerly to Worth Avenue.
(3) Area 3. From Worth Avenue southerly to Sloan's Curve.
(4) Area 4. From Sloan's Curve southerly to the southerly
corporate limits. I
4-
. L
(c) Nonvehicular noise. In the use of a sound level meter, the
following criteria shall be used for determining a violation of the
town's ordinances relating to the maximum permissible emis-
sions of noise levels emanating from other than motor vehicles.
Maximum Leve4 DBA
Area (Geographic)
Day Night
61 55
2
64 58
•Cross references—Unnecessary sounding
of vehicle horn, § 11 -8; -8; noisy ad.
vertising prohibited, § 13 -2.
1056
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5
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.7 p.
4 12.47 NUISANCES
1l•49
Area (Geographic) Maximum Level. DBA
3 --
Day Night
4 61 55
66 60
"Night" as used hereinabove is defined as the hours
between 7:00 p.m. and 9:00 a.m.
(d) Vehicular noise. In the use of a noise level meter to mea-
sure noises emitted by motor vehicles, the criteria to
.be used for
determining a violation of the town's ordinances relating a the
maximum permissible emissions of noise levels shall be as pre - r! n¢I µ-
scribed by Florida Statutes, Section 316.293. (Code 1958, § 20 -25) 4
Sec. 12-48, Unnecessary noise prohibited generally. —��
It shall be unlawful for any person to make, continue, or cause
to be made or continued, any loud, unnecessary or unusual noise
or any noise which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others, within the
town. (Code 1958, § 20 -20) L. - -- -
Sec. 12.49. Specific acts prohibited.
2 '�' .
The following acts,
among others, are declared to be loud,
disturbing and unnecessary
noises in violation of section 12.48,
but such enumeration shall not be deemed to be
1
t
(a) Blowing horns, etc. The sounding of any horn
or signal
device on any automobile,
motorcycle,,bus, truck or other
vehicle while not in
M ^
approaching apparently out of control,
or if in motion only as a danger
J"
.7 p.
4 12.47 NUISANCES
1l•49
Area (Geographic) Maximum Level. DBA
3 --
Day Night
4 61 55
66 60
"Night" as used hereinabove is defined as the hours
between 7:00 p.m. and 9:00 a.m.
(d) Vehicular noise. In the use of a noise level meter to mea-
sure noises emitted by motor vehicles, the criteria to
.be used for
determining a violation of the town's ordinances relating a the
maximum permissible emissions of noise levels shall be as pre - r! n¢I µ-
scribed by Florida Statutes, Section 316.293. (Code 1958, § 20 -25) 4
Sec. 12-48, Unnecessary noise prohibited generally. —��
It shall be unlawful for any person to make, continue, or cause
to be made or continued, any loud, unnecessary or unusual noise
or any noise which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others, within the
town. (Code 1958, § 20 -20) L. - -- -
Sec. 12.49. Specific acts prohibited.
2 '�' .
The following acts,
among others, are declared to be loud,
disturbing and unnecessary
noises in violation of section 12.48,
but such enumeration shall not be deemed to be
exclusive:
(a) Blowing horns, etc. The sounding of any horn
or signal
device on any automobile,
motorcycle,,bus, truck or other
vehicle while not in
motion, except as a danger signal if
another vehicle is
approaching apparently out of control,
or if in motion only as a danger
J"
signal after or as brakes
are being applied and deceleration
of the vehicle is intend-
ed; the creation by means
of any such signal device of any
unreasonably loud or harsh sound; and the
;.,• :. . *,a.; k+
'
sounding of
such device for an unnecessary
and unreasonable period of
tithe.
(b) Blowing whistles. The blowing
F
of any whistle except to
give notice of danger or air raids.
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A 12 -43
PALM BEACH CODE,
5 12.41)
(c) Keeping of animals. The keeping of any animal or bird
which by causing frequent or loud continued noise or odor
shall disturb the comfort and repose of any person in the
vicinity.
(d) Use of vehicles. The use of any automobile, motorcycle or
vehicle so out of repair, so loaded or in such manner as to
create loud'and unnecessary grating, grinding, rattling or
other noise..
It
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(e) Playing of radio, television, phonograph, etc The playing of
any radio, television, phonograph or any musical instru-
ment in such a manner or with such volume, particularly
during the hours between 11:00 p.m. and 7:00 a.m., so as to
annoy or disturb the quiet, comfort or repose of persons in
any dwelling, hotel or other type of residence.
(f) Loudspeakers, amplifiers for advertising. The using, oper-
ating or permitting to be played, used, or operated, of any
radio or television receiving sets, musical instrument, pho-
nograph, loudspeaker, sound amplifier or other machine or
" ?
device for the producing or reproducing of sound which is
cast upon the public streets for the purpose of commercial
advertising or attracting the attention of the public to any
building or structure.
(g) Exhaust discharge. The discharge into the open air of the
exhaust of any steam engine, stationary internal combus-
tion engine, motor vehicle or motorboat engine except through
a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
State law references —Motor vehicle noise regulated, F.S. 4 316.272 at
seq.; boats to have mufflers, F.S. 4 371,56.
•
(h) Noises near churches, schools, courts, hospitals. The cre-
ation of any excessive noise on any street adjacent to any
church, school, institution of learning or court while the
same are in session, or adjacent to any hospital, which
F
unreasonably interferes with the workings of such institu-
tions, provided conspicuous signs are displayed in such
streets indicating that the same is a church, school, hospi-
tal or court street.
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§ 12-49 NUISANCES § 12.50
(i) Loading and unloading operations. The creation of a loud
and excessive noise in connection with loading or unload.
ing any vehicle or the opening and destruction of bales,
crates and containers.
0) Hawking and peddling. The shouting and crying of ped.
dlers, hawkers and vendors which disturb the peace and
quiet of the neighborhood.
(k) Noises to attract attention. The use of any drum, pan, pail,
bell, horn, trumpet, loudspeaker or other instrument or
device for the purpose of attracting attention to any per-
formance, show, sale or display or merchandise.
(1). Yelling, shouting, eta Yelling, shouting, hooting, whistling,
or singing on the public streets, particularly between the
hours of 11:00 p.m, and 7:00 a.m., or at any time or place
so as to annoy or disturb the quiet, comfort, or repose of
persons in any office, or in any dwelling, hotel, or other
type of residence, or of any persons in the vicinity.
(m) Blowers. The operation of any noise - creating blower or
power fan or any internal combustion engine, the opera-
tion of which causes noise due to the explosion of operating
gases or fluids, unless the noise from such blower or fan is
muffled and such engine is equipped with a muffler device
sufficient to deaden such noise.
(n) Aircraft noises. The operation of any aircraft, private, com-
mercial or otherwise, over or near the town in such man-
ner that the noise emanating therefrom is disturbing to
the comfort or repose of any person or persons in the vicin-
ity. (Code 1958, § 20 -21)
Sec. 12 -50. Operation of certain machinery during winter.
(a) Prohibited During the period of the year commencing on
December first and ending May first, no person shall operate or
cause to be operated within the town any of the following ma-
chinery or equipment:
(1) Dredges, whether used in making hydraulic fills, dry fills,
pile driving or any other purpose.
1059
MEMO
.: �;ul
4 12 -50 PALM dEACII com, r
4 12-52
(2) Pile drivers, whether operated from water or land, or from
motor truck or tractor, and whether stationary or movable.
(3) Gasoline or steam engines, operated in such a manner as
to emit odors or noises offensive or disagreeable to the
inhabitants of the town.T,i
(4) Any other class of machinery. would render the enjoyment of Property hwithitn
the town less agreeable than if such appliance or machinery
were not operated.
(b) Exceptioks. It shall be within the discretion of the town
council when, in its opinion, the operation of any of the prohib-
ited machinery or appliances mentioned in subsection (a) hereof
shall not be offensive to the residents or inhabitants of the town
and the l
within three thousand confined to an area where no thousand(3 000) feet f the operat on of
such machinery or appliance, to grant an exception to this sec.
tion. (Code 1958, § 20 -22)
Sec. 12.51. Hours for construction work.
During the months of December, January, February, March,
— 1 and April of each year, construction work or other work resulting
in noise tending to disturb the people in the vicinity thereof shall
not begin until the hour of 9:00 a.m., and shall cease at the hour
�q of 5:30 P.M. At all other times such work may commence at 8:00
a.m. and cease at the hour of 6:00 p.m.
This section shall apply to all construction work and to all
types of skilled and common labor used therein. (Code 1958, §
20 -23)
Sec. 12.52. Enclosure of noisy machinery.
All automatic, semi - automatic or manually controlled refrig.
eration machinery and compressors and other machinery which
emits noise in the operation thereof shall be installed and oper.
ated either within the confines of the building served by such
equipment or, if placed outside of said building, shall be housed
within a structure, sound - proofed to the extent that the operation
1060
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11252.
NUISANCES
§ 12 rr,
of such machinery will not disturb persons residing in the vicin-
O 20.24) ity thereof by the normal use of their property. (Code 1958,
Secs. 12- 53- 12-62. Reserved.
"DIVISION 2. NIGHTCLUBS, DANCE HALLS
i AND SIMILAR ESTABLISHMENTS*
Sec. 12-63. Applicability.
This division shall apply to dance halls, nightclubs, supper
clubs, bars and other places, where facilities for dancin
r furnished or music is played and which, under this Code and the
g are
ordinances of the town, are required to have an occupational
license as a condition precedent to their operation. (Code 1958, §
20 -26)
Sec. 12 -64. General operation as nuisance.
n(a) It shall be unlawful to conduct any dance hall, nightclub,
restaurant, dance school or any other place of public accommoda.
tion, resort or amusement, in such manner as to annoy, injure or
endanger the comfort, repose, health or safety of any consider-
able number of persons.
(b) To so conduct such dance hall, nightclub, restaurant, dance
school, or any other place of public accommodation, resort or
amusement, in such manner as to annoy, injure or endanger the
comfort, repose, health or safety of any considerable number of
...J persons is hereby declared a public nuisance. (Code 1958, § 20 -27)
Sec, 12-65. Closing hours, patrons Jo vacate.
All dance halls, nightclubs, supper clubs, bars or other places
where facilities for dancing are furnished or music is played,
located on property lying adjacent to or within filly (50) feet of
property classified under the zoning ordinances 1 f th to
residence district shall close such place of busines town as
s at e a to mid-
cross reference — Alcoholic beverages generally, Ch. 3,
4_ 1061
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GULF S Y BEAM ]BATH AND TENNIS NIS CLUB
925 NORTH OCEAN BOULEVARD
GULF STREAM, DELRAV BEACH. FLORIDA
33444
July 26, 1983
Mr. C.H. Baumbach,
5702 Bonaventure Dr.
Erie, PA 16505
Dear Mr. Baumbach:
Sorry for the delay in getting this letter off to you,
in reference to our phone conversation, Wednesday, July 20,
1983, regarding the construction of a storage shed on the south
side of our property, and adjacent to the Southampton Apartments
property.
Enclosed you will find drawings of our plot plans, and the
exact location of the shed in question. This shed stands 8'
tall x 1014" wide and 4' x 4" deep and it will be attached to
our building. I would like to bring to your attention that
there stands a fence 5' high, and row of pine trees 16' high
C on the line seperating our property, and that of the Southampton
Apartments. It will be painted to match the existing color of
our building, and in no way will it change the ambience of the
surrounding.area. In all probability it will remain completely
unnoticed.
I would like to receive a note from you granting us per-
mission to go ahead with the construction of the shed, and my
request is to extend to you the courtesy of notification of the
project. We can start immediately and complete the project within
three (3) working days, but we will wait to hear from you before
proceeding.
Thanking you in advance on behalf of the Gulf Stream Bath &
Tennis Club, its Members and Officers, I remain
Since Qu sG�
C Will' . C,' Nichol
WJCN : up
encl.
Copies to: Mr. Francis N. Carpenter
President, Gulf Stream Bath & Tennis Club
Mrs. Barbara Gwynn,
Town Manager, Town of Gulf Stream
Pgded
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STORAGE SHED
GULFSTREAM BATH ANO TENNIS CLUB
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Aug 2, 1983
Mr. William J.C. Nichols
Gulf Stream Bath & Tennis Club
925 North @cean Blvd,
Delray Beach, Fla 334'•4
Dear Mr. Nichols:
Thank you for forwarding the plot
plan and details on your proposed storage
shed. It made the situation clear to me,
and more easily explainable to other
members of our Board whom I contacted by
phone.
We see no objection to your proposed
-' addition.
Looking forward to seeing you in Novem-
ber I remain,
Your friend& neighbor, Yhles �umbacb
The Southampton, Presi
:01"hle Pay eae eepWaok
~\� REAL ESTATE INVESTORS - INVESTMENT BUILDERS
554 MITCHELL STREET - ORANGE, NEW JERSEY 07050 - (201) 675.6600
,J 1
City Council
246 Sea Road
Gulfstream, Florida 33444
July 6, 1983
Gentlemen:
We request favorable consideration on two seperate items:
1. Side setback variance.
2. Review of C.C.C.L. permit application.
The first item is a variance that would permit construction of
a portico and a study at the 1511 N. Ocean Blvd, residence owned
by Anthony Pugliese. The portico will provide covered parking
and pedestrian access to the entrances of the residence.
The variance requested allows the northern edge of the portico and
the proposed study to align with the existing maid's quarters,
which is twelve feet from the north property line. The new
requirement is for this setback to be fifteen feet. This alteration
to the setback would allow architectural continuity and sufficient
turn - around and parking space. The proposed additions would be
of the same materials and colors, and in the same architectural
style as the existing buildings.
The second item concerns the review of a proposed boardwalk on
the ocean side of this property, which would cross the Coastal
Construction Control Line. Proposed also is an adjacent viewing
platform and the revegetation of the dune. There is a requirement
listed as number 7, on page 3 of D.N.R. Form 32 -600 (16), the
'Application for a Permit for Construction Seaward of the Coastal
Construction Control Line'. The Florida Department of Natural
Resources requests "written evidence provided by the appropriate
local governmental agency having jurisdiction over that activity,
that the proposed activity as submitted to the Division, does not
contravene local setback requirements or zoning or building codes.
Thank -you for your consideration on these two matters.
:se