Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Property Maintenance topic
No spam. Unsubscribe anytime.
Commission hears resident complaints about Toscana-adjacent lot; town cites DEP permit and limits on local action
Summary
Commissioner raised resident concerns about odor and appearance at a vacant property next to Toscana; staff said the owner holds a state DEP fill permit and has off-site mitigation, and that the town's enforcement options are constrained because the site involves mangroves and state preemption.
During commission comments on July 14, Commissioner Chbosky brought forward multiple resident complaints about the vacant parcel adjacent to Toscana, describing odor and an unattractive condition. He said residents asked that the commission discuss steps to improve site appearance while the owner pursues redevelopment.
Town staff reported they had spoken with property owner Sam Swerdlow, who said he is pursuing development and has procured off-site mitigation through an FPL mitigation bank. Staff said the property holds a DEP permit and that state rules preempt some local authority over mangrove areas; as a result, enforcement options are limited. “He’s already secured that off-site,” staff said, referring to mitigation and permitting. The town attorney and staff said they would research what enforcement actions—if any—could be supported under municipal code and whether a formal legal opinion was warranted.
Commissioners discussed potential remedies including property-maintenance enforcement and working with the state agency; staff cautioned that DEP permits sometimes lack progress timelines and that state enforcement processes do not always impose firm deadlines. The commission asked the town attorney to provide a formal opinion on available municipal actions and to continue to work with the property owner to improve the site’s appearance if possible.
The discussion closed with a direction for staff and counsel to investigate applicable enforcement options and to report back to the commission within the next months.
