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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 C'; B I� 0 U .W 0 W A d 3v 7 P4 m C 0 w Z y O c F U U s v m 'LL a O p o CC S IL m a x W A Oa w wQ O F F z x m M O U M W m 0 w d a O v m d b m y L w ° lil 3 Y 6 � e m J g W ' J of V. Z. f m P. w O '� m .° A° m Z m r) c 00 eo y m 0 ° m 0 L p • EF ti Z z m m p a Y W O .0 m U Y U U .° F4 k m Q bmfl 4. - d o M m q 7 7 m C m 'O d 00 rl a 0 I. O m m° m v 5 �° o. m o m r > y m •D •sa °1 m Hj 0 '� m m o m m W {14 L m G y m U m m m C V 'O > A.S 3 d E a 7 W•oromw S w° Oj m d o m c� rC y F y d 7 •E ...+ d .m+ o U C° o X m m z 3 m m W 0 0 mv.°.s W E E °• :0 E O U m m vmi c �. 7 m C ;D 0 F o as m E W n s c y y p ° v P. P. ca o o Q% q S c p7° u s s v m 3 m 0.mi �E c 1 c c o ai 0. c o rn' 3 Y 6 � e m J g W ' J of V. Z. f w H d n n x 0. 5� 7' A O M n m O O K 0 n M q R n °c b O f"'f! �l G G' n r. i 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 r 4- . L Af ;; 1 5 R k .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. x r 1057 w a ✓_i zt S - .. ��+s. :. ..: .. ]. ,: -i Jli'� }, •. .. "6.`'f4. .�• +7�- . >``Il':"+)f�h awti 30 R;...Fa r A' 7 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 :f ,,:-.�,_ tr% "k:� _+E 'r •2' ". .}r". -a s''�"x /c."' +H- Mr:'M, r'! ,r' .ti:K`.i -'�F,'.- :'.r.,' (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. r,'rti �1 1058 It :f ,,:-.�,_ tr% "k:� _+E 'r •2' ". .}r". -a s''�"x /c."' +H- Mr:'M, r'! ,r' .ti:K`.i -'�F,'.- :'.r.,' ' A 1 4ft: § 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 -atz!x :it' 4f� €.,�; '1 "Y:1�+:.�• _-, aiy �„`"+3�Y'`�,�i1",�s.�h` �t�i'��Cw'Y��, 3C '. •' w:y .. -�1$? 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 l8 � N.n • � i�- „c.: :•. h+ :1: +,. � ., r.;"' #. ... q�ro"-,^i�; ,r'• ;7pw�.+i": .sr"`' �'- 4n.au- '��-. '� M. s ''.� ji 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 L or 6oeArioN OF £ronAao SNBO e � c °y >1° N � b ti O � 2 Vrr i 49 � LE � 0 9. 00) ® r. -0 Qn i 3 ei au SEA WAL.l. S Lis Rocr Gor rn �a> <i �J CC �3 re Oy W I7 M V V V v Z h ry U V M� STORAGE SHED GULFSTREAM BATH ANO TENNIS CLUB 1 121m E U t9a3 Z/f " r U' G�a� o. 2 1 • F2 C 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