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Land Development and Planning Project Files_1004 Bel Air Dr._20200611_Development Order No. 20-0003APPROVED By Planning Board 06.11.2020 Application No. 20-0003 PLANNING BOARD STAFF REPORT MEETING OF: JUNE 11, 2020 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY DAVID NUTTER, BOATLIFTS & DOCKS OF SOUTH FLORIDA, FOR A SPECIAL EXCEPTION APPROVAL TO INSTALL A 10,000 POUND CAPACITY BOATLIFT ON SLIP NO. 3 FOR A PROPERTY LOCATED AT 1004 BEL AIR DRIVE IN THE YACHTSMAN COVE TOWNHOUSE CONDOMINIUM (APPLICATION NO. 20-0003) Applicant (Property Owner): Kimberly A Happ Trust 1004 Bel Air Drive Highland Beach, Fl. 33487 Applicant’s Agent: David Nutter, Boatlifts & Docks of South Florida 989 NW 31st Avenue, Building F Pompano Beach, Fl. 33069 Property Characteristics: Comprehensive Plan Land Use: Multi Family Low Density Zoning District: RML, Residential Multiple Family Low Density Site Location: Yachtsman Cove Townhouse Condominium Parcel PCN#: 24-43-47-04-34-000-0012 I. GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 95 Request and Analysis: The Applicant is proposing to install a 10,000 pound capacity boat lift in slip No. 3 of the Yachtsman Cove Townhouse Condominium. The proposed lift includes a 240 square foot personal watercraft (PWC) platform. The property is located on the west side of State Road A1A. The Applicant has obtained both Army Corps of Engineers (No. SAJ-2019-02616(GP-PWB) and Florida Department of Environmental Protection (No. 50-378383-001-EE) approvals. The Applicant has also obtained approval from the Yachtsman Cove Townhouse Condominium Association to install the proposed boat lift. Section 30-131 of the Town Code states, under the definition of “boat lift,” that in no case shall the lift be higher than the superstructure of the boat when lifted. According to sheet DTL-1 provided by the Applicant, the top of the lift equipment measure s six (6) feet from the existing dock while the superstructure of the boat when lifted measures 3 feet 9 inches from the existing dock. Therefore, the lift is proposed to be 2 feet 3 inches higher than the superstructure of the boat when lifted. As a result, the Applicant is required to receive variance approval from the Board of Adjustments and Appeals (BOA) for the additional height of the boat lift. The BOA is scheduled to review and consider the Applicant’s variance application on June 9, 2020. Staff will advise the Planning Board, at their June 11, 2020 meeting, of the BOA’s vote on the Applicant’s variance request. Pursuant to Section 30-68(h)(1)a. of the Town Code, the installation of a boat lift shall be subject to special exception approval by the Planning Board at an advertised public hearing. Staff has reviewed the Applicant’s application and plans and finds that the project meets the Town’s Code requirements with the exception of the Town Code definition of “boat lift” as provided in Section 30-131 and as noted above. Staff recommends approval of the installation of the proposed 10,000 pound capacity boat lift subject to the following conditions and based on the plans date stamped received by the Building Department on May 20, 2020: 1. The Applicant receives variance approval by the BOA to allow the boat lift to be 2 feet 3 inches higher than the superstructure of the boat when lifted . 2. Following approval by the Planning Board and BOA, and prior to initiation of construction, the Applicant will be required to obtain a building permit from the Town of Highland Beach Building Department. 3. Pursuant to Section 30-21(g) of the Town Code, commencement of construction shall be initiated within two (2) years following the date of approval by the Planning Board. Completion of all conditions of approval shall occur within two (2) years following the date of approval by the Planning Board. II. Recommendation Page 96 Page 97 Page 98 Page 99 100 4 Bel Air Dri ve Palm Beach Cou ntyNoneMay 1 4, 20 20 0 0.035 0.070.01 7 5 m i 0 0.06 0 .120.03 km 1:2,25 7 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 My 1�2019 Yaclrtsman Cove Townhouse Condommiwn .Association 2745 Crabtree l..8DI: Northbrook, Dlmois 60062 To: Homeowner-1004 Bel Air Drive2 Hig:hlmd Beach, Florida 33487 DEVELOPMENT ORDER ll Dear )Ar. & Mrs. Happ; The Association Yachtsman C.Ove TO'WDhouse Condominium Association Has approved your applioafion for a boat lift in slip #3 per the Board meeting on June 27., 2019. We are also authorfa:ing you power of attorney to sign 1he permit paperwork for the boat lift installation in this specific slip. The lifl must COMply with all local, ()OUDJ;y, and state s1atutes and codes. Main:tcnance and repair will be your respomibili1;y. . If there are any other stipulations from the Association you can modify as needed. The agencies need to see the letter on your letterhead addressed to the owner. with the location where the boat fill wm be installed. Page 107 GENERAL LEGEND; AF •ALUUINUMFENCE DCR .., BROWARDCOUN'IY REc0RDS BM ,. BENCHMAAK C8 •CATCH WIN CII. • C!NrelWNE ClF •CHAINUNKF&HCE Q.P aCCNCftlm! UGHTPOU: c:as II CONCReTE BLOCK STRUCnlRE CONC • CONCRl:TE CIS "CONCft&TESlAB DE "DRAINAOE EASl!M!NI' 0 "OELTA(CSNllW.ANGU:) E • eMI' ELE • ELEVATION X OJXI' • EXISTING B.EVATIOH EOP a EOGE OF PAVEMEH'I' E0W "'EDGEOFWATER FF • FINISHSD FI.OOR FH •FIR£HVORANT FN "FOUHD NAIL i INV .. INVERT I FIP •FOUNOIRONPIPE �-FIR •FOUHD IRON ROD � FND "FOUNDNAILANOOISC :l: � L ,. ARCI.EHGTH ;i gf MOOR aMIAMJDADECOUNTYRECORDS I: N • NO!ffll :f N,t) •NAII.AIIUOISC I MF •Ml:fAI.FENCe ORB • OFFICIAL RECORDS BOOK Q/8 ,sOJ'FSEr PB • Pl.AT BOOK PBCR •PAt.Mlll!ACHRECOfU>S PC • POINTOf' CURVA1\JRI! PB •PACE PL af'ROPElt1'iUNE P08 • POINTOFIIEGINNING POC • POINT OFCOINENCEMENT PVCF •PlASTlC FENCE R •RADIUS RIW •RIGIITOl'WAY 8 •SOUTH Sl'N • SIOl:WAU< 8/W.E • SIOEWAU( EASEMENT SIR • SET 112" IRON ROD 8NI> aSE!'NAL&DlllC us .. Ul1\.ITY l!ASl!Ul!NT Uf' II UTILllYPOLE W aWEST WIP a WOOD FENCE WIM =-WAlcRMETER Boundary Survey PROPERTY ADDRESS: 1008 BEL AIR DRIVE HIGHLAND BEACH, FL S3487 0 .... l'N I 1W08TORY , 088 BUILDING / •1ooe / / LOTZ NOTE: 1) WOOD DOCK ININTRACOASTAL WATER R/W BELAIRDRN'E 'ASP!W.TRQADW4Y'.' • WR.W(rOTAL) ··. :. . ·. . .. ·.;.�I';. . •' . TWOtn'ORV CBS lltftl.lllHB 91008 LOT3 < I j_ P'IIZ' LD. 1.4' ur LEGAL DESCRIPTION: LOTS 1, lAND 3 OF "HIGHLAND BEACH ISLES" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 154 OF THE PUBLIC RECORDS OF PALM BEACHD COUNTY, FLORIDA. CERTIFICATIONS: MICHAEL KRAFT ENTERPRISES, INC SURVEYORS NOTES: \-��tf�]\\fr.Jd;7 \ MAY 2 0 202 1 HIGHLAND lilEAC \ BUILDING DE� ENT·--�----..-- (1), ANGU!S IF SHOWN AR& REFERENCED TO '111E RECORD PLAT AND ARE A8 MEASURED. (2). LEGAL DEIICRIPTION PROVIDED B'Y' CLIENT UNLE88 OTHERWl8E NOTED. II), NO UNDERGROUND UIPROVEMEHTS LOCATED EXCEPT A8 SHOWN. (4), THIS SURVEY WAS PREPARED Wl11f0UT THE BENEFIT OFA 1ITU COMMl'IIISNTTHEREFOR 1HE ONLY SURVEY MATl'ERHHOWN ARE PER THE RECORD PLAT, THIR£ MAY HADblTIONAL MAT1'P8 OP RECORD, NOT SHOWN WHICH CAN BE FOUND INTHI! PUBLIC RECORDS OF THE CORRESPONDING COUNTY OP RECORD. (5), THtS SURVEY 18 FOR CONVEYANCE PURPOSES ONLY (6), THIS SURVEY IS NOT TO BE USED FOR CONSTRUCTION PURPOSES AND/OR NEW DUIGN, REVISIONS: DATE: SCALE: 1,. • 30, THIS SURVEYS MEETS THE STANDARDS OF RACTICE AS SET 1-----------r�;;;.;,:._-+------1 FORTH BY THE FLORIDA ARO OF PROFESSIONAL SURVEYORS AU. COUNIY SURVEYORS FIELD LOCATION OF IMPROVEMENTS 6/30/2018 CADD: U AND MAPPERS INC u17, FLORIDA ADMINISTRATIVE CODE. . . _ vi CHECKED BY: JSP llvo S 1--------------1------1-------1 JULIO S. PITA. PS .,STATE OF FLORIDA uc&N61!No.oan ICE•(854)m INVOICE#: 18•47848 PROFESSIONAL SURVEYOR AND MAPPER LS 5789 AX· (t$4) m 270 1--------------1------1-S-HE_ET_t_1_0_F_1 _ ... NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED MOO SOVTH UtllVERS�TY ORIVE SeAL, 0F A FLORIDA LICENSED SURVEYOR AND MAPPER. D,l,V,E,HORIOA:m2l!SIJITE 21 Page 108 GENERAL LEGEND: IE 8CR BM CB Ql. CI.F CLP CBS CON(; CIS DE 0 E 21,.E )(0.00' !OP E0W FF FH Ft.I INV FIP FIR FNI) L MOCR N Nil) MF ORB <llS PB P8CR PC PB PL P0B POC PVCF R f'I/N s em SIW.E SIR SND LIE UP w W/F W/M ,. ALUMJiUM fEJ\ICE "ll!UIWNU> COUNTY RECORDS 11B£NaiMARI( • CATCH BASIN •C!NTERLIN! • CNAINUNKFliNCE aCOf,ICftl!TI!UGtfTPOU: "CONCRETI': BLOCK STR\JC1\1Rli •CONCRETE • CONCR&Te SLAB • DRAINMJI! l!'ASEMENT a DEi.TA (ternlALANGLE) aliil\ST •EI.EVATION • EXISTING &UiVATION • EOGE OF PAVEMENT =EDGEOFWAlllR • FII\ISHEOFLODR • FIRE HYDRANT >, .. fOIJNDt,IAJL I "INWRT Iii: DFOllNDIRONPIPE I!! • FOUND IRON ROD � ,. FOUND NAil AND DISC !: Ji? .,ARC LENGTH � &•MIAMIOADECOUNTYREOORDS Ir;: •NORT1i •NAILANDlllSC= M&l'AI. l'ENC& •OFFlCIIII.IU!CORDSBOOK •OFFSET •PIATBOOK •PALMBEACHREGOflDS • POINT 0FCURVA1\IRE •PA05 • PROPERlY LINE • POINTOFlll!GINNlNG • POlrff ClF cow.tENCEMENT cPlMflC FENCE •RADIUS ,.RJ(IIHTOPWAV •SOl1lll •SID£WAU< • SIO!W.WC EASEMENT • SET 112" IRON ROO a. SET NAIL& DISC =-UTIUTYEASEMENT " UTILllY POLE .,WEST "WOOOFENCE •WATERMl:TER 0,4' FN Boundary Survey PROPERTY ADDRESS: 1008 DEL AIR DRIVE HIGHLAND BEACH, FL 33487 ... ,.. 1WO$TOR.Y CBS�/ / 1.01'2 existing concrete seawall, cap and pilings to remain NOTE: I 1) WOOD OOCK IN lNTRACOASTAL WATER R/W lWOSl'ORV CIIS BUILDINGlttOOI l(!T3 Existing 221' x 3.55' (5.55' from wetface, 1224.7sf) wood dock to remain � I I . I 1,rI.O. LEGAL DESCRIPTION: LOT8 1, 2 AND 3 OF "HIGHLAND BEACH ISLES" ACCORDING TO 111E PLAT THEREOF, AS RECORDED IN PLATBOOKZ5, PAGE 1540FTHE PUBLIC RECORDS OF PALM BEACHD COUNTY, FLORIDA. CERTIFICATIONS: MICHAEL KRAFT ENTERPRISES, INC SURVEYORS NOTES: (tl, ANGLQ IF •HOWtt AA& REFiRENCED TO 1ltE RECORD PLAT AND ARI! Al MEASURED • (2), LEGAL DESCRIPTION PROVIDED BY CUENT UNLESS OTHERWl8E NOrED. Pl-NO UNDERGROUND IMPROVEMENT'S LOCAT£D exCSPT Al SHOWN. (41, THIS SURVEY WA8 PRIIPARED WITHOUT TH& IIENEFIT OF A fflLE COMMITIIENT1HEREFOR nE OMLY SURWY MATTEM SHOWN ARE PER THI! REf:ORD PlAT, THERE MAY BEADDl110NAL MAfflRB OF RECORD, NO'r8HDWN WHICH CAN Bl! FOUIIIP IN THE PUBLIC RECORD8 OFTif& CORRESPONDING COUNTY OP RECORD, j5). THIS SURWY IS FOR CONVEYANCE PURPOSE$ 0NI.Y 1&1-THIS SURVEY IS NOT TO BE USED FOR CONSTRUCTION PURPOSES AND/OR Nim DESIGN. REVISIONS• DATE• SCALE: 1••W THIS SURVSYS MEETS THE STANDARDS OF PRACTICE AS SET 1-----·-------t---" --lf--------1 FORTH BY1HE Fl D OF PROFESSIONAL SURVEYORS ALL COUNTY SURVEYORSCADD: W AND MAPPERS INC 17, FLORIDA.ADMINISTRATIVE CODE. FIELD LOCATION OF IMPROVEMENTS 6/3Dl2018 CHECKED BY: J8P 1------------+---�1--------1 JULIO S. PITA. PSM,, A. OF FLORIDA INVOICE#: 18•47Mf PROFESSIONAL SURVEYOR AND MAPPER LS 5789 1-------------+-----1- SH - EET_ f. _i_ O _ F _i _-I NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED ll400soumuHM!R81lYDRJVE EXISTING CONDITIONS SCALE: 111 = 40'-0" SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. DAV!i. F1.0R!OA3M28eum; i1 Cart G. Forbes PE. 1000 South Dixie HWY, West; Suite 1 Pompano Beach, Aorida 33060 Email: Cartfomespe@yaho.com License NO: PE-20699 Phone: 954-682-6651 RE\'ISION& Orawnby. CA C..,_by: DJN Date: D4N612J Job No.: 19-064 ts EC Page 109 E TPOl.e STRUC1lJRE E 0,4' Existing concrete seawall, cap and pilings to remain / / SLIP 1 1WO&TOR.Y CBS BUILDING / #1008 / / SLIP 2 Existing 221' x 3.55' (5.55' from wetface, 1224.7sf) wood dock to remain 1-68'-7" NOTE: 1) WOOD DOCK IN I 10· � 248.90' I TERCOASTAL WATERWAY SLIP SLIP 4 5 New 1000011b elevator lift on (2)new 12" dia.wood pilings,with 20' x 12' PWC platform (240sf) in Slip #3 (Happ) BEL AIR DRIVE . 'ASPHALTROR:NIAV'.' · sc, RAY (TOl'At.) .. • • •• • •• 11'1 , .' •• TWOSl'ORY C&SIMLOING #100& LOT3 Turbidity curtains in place during installation of pilings SLIP 6 20' .1 ..111'-6" Carl G. Forbes PE. U' New 1000011b elevator lift in Slip #7 (To be permitted separately; not part of this permit request) 20' 24'.,... ..1.. ..1 ......... � ............................... ,. .. 1000 South Dixie HWY, West; SUite 1 Pompano Beach, Fforida 33060 Email: Carlforbespe@yahoo.com License NO: PE-20699 Phone: 954-682-6651 PROPOSED CONDITIONS SCALE: 1" = 25'-0" IN PLAT BOOK 25, F RECORDS OF PALM CERTIFICATIOI MICHAEL KHA SURVEYORS NOTI (1). ANGLES IF SHOWN RECORD PLAT AND AR (2), LEGAL DESCRIPTIC OTHERWISE NOTED. (I). NO UNDERGROUNI EXCEPT AS SHOWN. (4). THIS SURVEY WAS OF A ffl'LE COMMITMEI MAfflRS SHOWN ARE MAY SE ADDfflONAL M WHICH CAN BE FOUND CORRESPONDING COU (5). THIS SURVEY IS FC REVISIONS l'.lr>wnb\': CA Ched<odbr- OJN DIiie; 04/16/20 Job No.: 19-064 Page 110 Wetfac Property lin I I I I It I I I -==-== -==--- � � ----- ----- -----__________ .............. _________ _........ ______ Existing concrete seawall, cap and pilings to remain SLIP 1 SLIP 2 1 .. 10' .. 1 SLIP 4 SLIP 5 SLIP 6 Existing 221' x 3.55' (5.55' from wetface, 1224.7sf) wood dock to remain New 1000011b elevator lift on (2)new 12" dia. wood pilings, with 20' x 12' PWC platform (240Sf) in Slip #3 (Happ) New 1000011b elevator lift in Slip #7 To be permitted separately; not part of this permit request) 68'-7" 20' 111'-6" 20' 24'... 1 SITE PLAN SCALE: 1" = 201-0" General Notes: 1.New lift pilings to be 12" dia. CCA treated wood pilings. 2.All pilings to be driven 8 1 into strata. If hard strata is encountered, a 2'minimum All pilings shall be driven to develop a minimum allowable bearing capacity of 10 tons and shall penetrate a minimum of 8 1 into yielding material or 2' into ro ck. Turbidity barriers are to surround alt in water construction areas during plling and/or panel installation activities. 3.Turbidity barriers, if necessary, are to surround alt in water construction areasduring piling and/or panel installation activities. 4.Elevations shown are based on the North American Vertical Datum of 1988.5.Design in accordance with 2017 6th Edition of the Florida Building Code.6.Construction methods, procedures, and sequences are the responsibility of theContractor. The Contractor shall take the necessary means to maintain andprotect the structural integrity and serviceability of the construction at all times.7.Any discrepancies found for any circumstance between the structural plans and the existing conditions found on site and/or any conditions that were omitted onthe plans will be the responsibility of the Contractor to immediately bring to theattention of the Engineer of Record. Cari G. Forbes PE. -; 000 South Dixie HWY, West; SUite 1 Pompano Beach, Florida 33060 ·:":mail: Cartforoespe@yahoo.comLicense NO: PE-20699 )hone:954-682-6651 8.Existing conditions are unknown, therefore, worst case conditions have beenapproximated. all existing conditions are assumed and must be confirmed by theContractor after permitting. 9.Engineer's Limitations of Respon§jbility: The Engineer shall not be responsible for the quality or composition of materials, fabrications, construction Inspection,supervisio�, or review, special inspection, or the quality and corr ectness ofC_?nst�u?tion unless. the a�propriate su_bm}ssions, reports, approvals, inspections,site v1s1t, construction review, or special inspections are performed by the Engineer or his representative as required herein, and then only suchres�onsibility as is associated with the specific work performed as is commonlyassigned a structural engineer in relation to other engineering and constructiondisciplines associated with the project. 10.The Engineer shall not be responsible for site and construction safety and/or the safety of construction workers. Site and construction safety is the responsibilityof the Contractor. The Contractor shall be responsible for the safety of hisem�loye�s and the safety of the employee of all subcontractors to the project. 11.Engineer s Statement of Compliance: To the best of the Engineer's knowledge, the st�u.ctural Pl?n� and specifications presented �erein comply with the applicable minimum bu1ld1ng codes, standards, and practices. RE\11610Nli Dmmby.' CA Cho<kadby: OJN Calo: O<'lfif.l) Job No.: 19-084 i SP .J:. 1/) Page 111 15' 12' Proposed 100001b lift with 20' x 12' PWC platform; See typical manufacturer plans for details � � II O') I i,r,, MHW +0.36' NAVO MLW-1.99' NAVO ----- 13' -......- C 0 Q,) a.K0 ·...... ::J ..__, O" tO 20' -5. 2" from wetfoce Existing berm to remain New 12" dia. wood lift piling LIFT DETAIL (SLIP #3) SCALE: 3/8" = 1'-011 Eltisting wetfal 3' -5.2" 2' 1 •• J 1111 .. ►1,,....._ Ol enC o, :p C en= ·x ·a. Q) -� 0 ":q-0 "C WI �, �I �, �, �I 0..1 Existing dock 11 to remain; I lev = +4.0' N�\/o I ....... xisting dock pilings to remain xisting grade to remain Existing seawall, cap and pilings to remain REVISIONS OJawnbr. CA Cl-.d<edby. OJN Dalit: 001&'20 JobNo.: ·- t DTLi 1 Page 112 Page 113 PUBLIC NOTICE APPLICATION NO. 20-0003 500 Feet Public Notification Boundary May 27, 2020 Dear Property Owner: PLEASE TAKE NOTICE that due to the pending Novel Coronavirus Disease 2019 (COVID- 19) and Federal, State and Palm Beach County’s Declarations of State of Emergency, in accordance with Governor Ron DeSantis’s Executive Order 20-69, dated March 20, 2020, the Town of Highland Beach will be conducting its Planning Board Public meeting utilizing communications media technology via Zoom Communications, on Thursday, June 11, 2020 at 9:30 AM. Members of the Planning Board will not be physically present at Town Hall and shall be participating virtually. Live streaming of the meeting can be accessed on the Town’s webpage at https://highlandbeach.us/highland-beach-television-2. The following application will be considered: APPLICATION BY DAVID NUTTER, BOATLIFTS & DOCKS OF SOUTH FLORIDA, FOR A SPECIAL EXCEPTION APPROVAL TO INSTALL A 10,000 POUND CAPACITY BOATLIFT ON SLIP NO. 3 FOR A PROPERTY LOCATED AT 1004 BEL AIR DRIVE IN THE YACHTSMAN COVE TOWNHOUSE CONDOMINIUM. Agenda and backup material for the application are available on the Town’s webpage at https://mmportal6.teammunicode.com/. The Town of Highland Beach will provide for public participation by email. Public comments should be emailed to publiccomments@highlandbeach.us, which will be read into record during the corresponding portion of the meeting. Public comments will be accepted up until 9:30 AM on Wednesday, June 10, 2020. If a person decides to appeal any decisions made by the Board with respect to any matter considered at the meeting, such person will need to ensure that a verbatim record of the proceeding is made, which includes the testimony and evidence upon which the appeal is based (FS-286.0105). Additionally, the Town of Highland Beach does not provide such a record. In accordance with the Americans with Disabilities Act, persons who need special accommodation to participate in the meeting should contact the Town Clerk’s Office at (561) 278-4548 at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770 or 1-800-955-8771. For additional information regarding this matter, please contact the Town Planner at (561) 637- 2012. TOWN OF HIGHLAND BEACH, BUILDING DEPARTMENT Page 114 SUN-SENTINEL SUN-SENTINEL Published Daily Fort Lauderdale,Broward County,Florida Boca Raton,Palm Beach County,Florida Miami,Miami-Dade County,Florida State Of Illinois County Of Cook Before the undersigned authority personally appeared Charlie Welencwho on oath says that he or she is a duly authorized representative of the SUN-SENTINEL,a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County,Florida;that the attached copy of advertisement,being a Legal Notice in: The matter of 11745-Other Legal Notices, Town of Highland Beach Town of Highland Beach Florida Was published in said newspaper in the issues of;Jun 01,2020 Affiant further says that the said SUN-SENTINEL is a newspaper published in said BROWARD/PALM BEACH/MIAMI-DADE County,Florida,and that the said newspaper has heretofore been continuously published in said BROWARD/PALM BEACH/MIAMI-DADE County,Florida,each day and has been entered as second class matter at the post office in BROWARD County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and affiant further says that he or she has neither paid nor promised,any person,firm or corporation, any dis un t,re ate,commission or refund,for the purpose of securing this adv rti ment r publication in the said newspaper. Signa o ffiant Swornto and subscribed before me this: June 08,2020. Signature of Notary Public E*17Notary BRENDAN KOLASAName of Notary,Typed,Printed,or Stamped OFFICIAL SEA LPersonally Known(X)or Produced Identification O Public,State of ininolsy Commission Expires November 23,2020 Sold To: Town of Highland Beach Florida-CU00661788 3614 S Ocean Blvd Highland Beach FL 33487,FL 33487-3393 Bill To: FVa/ D Town of Highland Beach Florida-CU00661788 3614 S Ocean Blvd Highland Beach FL 33487,FL 33487-3393 JUN 15 2020 Affidavit Delivery Method:U.S.Mail Affidavit Email Address: Town 01 Hi-Viand BeaCh, FL. 6677825 TOWN OF HIGHLAND BEACH PUBLIC MEETING PLEASE TAKE NOTICE that due to the pending Navel Coronavirus Disease 2019 (COVID-19)and Federal,State and Palm Beach Camty's Dedarations of state of Emergency,in accordance with Govemor Ron Desantis's ExeaJtive order 20-69, dated Mard120,2020,the Town of High- land Beach*1 be conducting its Plan- ning Board Pudic meeting utilizing com- munications media technology via Zoom Communications,on Thursday,June 11, 2020 at 9:30 AM.Members of the Plan- ning Board will not be physically present at Town Hail and shall be participating vir- tually Live streaming of the meeting can be accessed on the Town's webpage at haps:mi mdbDach.Lwhighland-beach- tefeviSWI-2.The following applications will be considered: APPLICATION#20.0002 BY DAVID NUT- TER,BOATLIFTS&DOCKS OF SOUTH FLORIDA,FOR A SPECIAL EXCEPTION APPROVAL TO INSTALL A 10,000 POUND CAPACITY BOATUFT ON SLIP NO.7 FOR A PROPERTY LOCATED AT 1016 BEL AIR DRIVE IN THE YACHTSMAN COVE TOWN- HOUSE CONDOMINIUM. APPLICATION#20-0003 BY DAVID NUT- TER,BOATLI TS&DOCKS OF SOUTH FLORIDA,.FOR A SPECIAL EXCEPTION APPROVAL TO INSTALL A 10,000 POUND CAPACITY BOATUFT ON SUP NO.3 FOR A PROPERTY LOCATED AT 1004 BEL AIR DRIVE IN THE YACHTSMAN COVE TOWN- HOUSE CONDOMINIUM. Agenda and backup material for the ap- plications are avaifade an the Town's webpage at https:flmmportal6.teammu- nicode.coml. The Town of Highland Beach will provide for public participation by email.Public comments should be emailed to pub- liccomrnenwhighlandbeach.us,which will be read into record during the cor- responding portion of the meeting.Public comments will be accepted up until 9:30 AM on Wednesday,June 10,2020- 9 a person decides to appeal any ded- sions made by the Board with respect to any matter considered at the meeting, such person will need to ensure that a verbaft record of the proceeding is made,which includes the testimony and evidence upon which the appeal is based (FS-286.0105).AdditionaIN the Town of Harland Beach does not provide such a record. In accordance with the Americans with D&`Ibiilties Act,persons who need spedal accommodation to participate in the meeting should contact the Town Clerk's Office at(561)278-4548 at least 48 hours prior to the meeting If you are hearing or speech Impaired,pie"contact the Florida Re(ayService at 1-800-955-8770 Or 1-800-955-8771. For additional information regarding this matter,please contact the Town Planner at(561)637-2012. TOWN OF HIGHLAND BEACH,BUILDING DEPARTMENT 6/1/2020 6677825 SUN-SENTINEL SUN-SENTINEL Published Daily Fort Lauderdale,Broward County,Florida Boca Raton,Palm Beach County,Florida Miami,Miami-Dade County,Florida State Of Illinois County Of Cook Before the undersigned authority personally appeared Charlie Welenc,who on oath says that he or she is a duly authorized representative of the SUN-SENTINEL,a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County,Florida;that the attached copy of advertisement,being a Legal Notice in: The matter of 11745-Other Legal Notices, Town of Highland Beach Town of Highland Beach Florida Was published in said newspaper in the issues of;Jun 01,2020 Affiant further says that the said SUN-SENTINEL is a newspaper published in said BROWARD/PALM BEACH/MIAMI-DADE County,Florida,and that the said newspaper has heretofore been continuously published in said BROWARD/PALM BEACH/MIAMI-DADE County,Florida,each day and has been entered as second class matter at the post office in BROWARD County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and affiant further says that he or she has neither paid nor promised,any person,firm or corporation, any disclpunt,re ate,commission or refund,for the purpose of securing this adv rti ment f r publication in the said newspaper. Signa e o Mant Sworn to and subscribed before me this: June 08,2020. Signature of Notary Public Jaa BRENDAN KOLASA Name of Notary,Typed,Printed,or Stamped OFFICIAL SEAL Personally Known(X)or Produced Identification O Notary Public,Stole of Illinois My Commission Expires November 23,2020 Sold To: Town of Highland Beach Florida-CU00661788 3614 S Ocean Blvd Highland Beach FL 33487,FL 33487-3393 Bill To: Town of Highland Beach Florida-CU00661788 3614 S Ocean Blvd Highland Beach FL 33487,FL 33487-3393 J U N 15 2020 Affidavit Delivery Method:U.S.Mail Affidavit Email Address: Town of Higg,s',jnd i3each, FL 6677825 TOWN OF HIGHLAND BEACH PUBUC MEETING PLEASE TAKE NOTICE that due to the perldirg Nave)Coronavirus Disease 2019 (COVID-19)arid Federal,State and Palm Beach County's Declarations of state of Emergerxy,in accordance with Governor Ran DDSantis'S Executive order 20-69, dated March 20,202Q the Town of High- land Beach wit be conducting its Plan- ning Board Public meeting utilizing com- munications media technology via Zoom Communcations,on Thursday,lune 11, 2020 at 9:30 AM.Members of the Plan- ning Board will not be physically present at Town H21 and shall be participating vi r. tually.Live streaming of the meeting can be accessed on the Town's webpage at hWJAighlarK1wach.us/highland-beach- televislW2.The following applications will be considered: APPLK:ATION,#200002 BY DAVID NUT- TER,BOATUFTS&DOCKS OF SOUTH FLORIDA,FOR A SPECIAL EXCEPTION APPROVAL TO INSTALL A 10,000 POUND CAPACITY BOATUFT ON SLIP NO.7 FOR A PROPERTY LOCATED AT 1016 BEL AIR DRIVE IN THE YACHTSMAN CONE TOWN- HOUSE CONDOMINIUM. APPLICATION 11200003 BY DAVID NUT TER,BOATLIFTS&DOCKS OF SOUTH FLORIDA„FOR A SPECIAL EXCEPTION APPROVAL TO INSTALL A 10,000 POUND CAPACITY BOATUFT ON SLIP NO,3 FOR A PROPERTY LOCATED AT 1004 BEL AIR DRIVE IN THE YACHTSMAN COVE TOWN- HOUSE CONDOMINIUM. Agenda and backup material for the ap- plications are available on the Town's webpage at https://mmportal6.wammu- nicode.coml. The Town of Highland Beach will provide for public participation by email.Public comments should be emailed to pub- liocomrnenWhighlandbeach.us,which will be read into record during the cor- respondingportion of the meeting.Public cornrnertts will be accepted up until 9:30 AM on Wednesday,June 10,2020. If a person decides to appeal any ded- storls made by the Board with respect to any matter considered at the meeting, such person will need to ensure that a verbatim record of the proceeding is made,which includes the testimony and evidence upon which the appeal is based (FS-286.0105):Additlonalty,the Town of Highland Beadh does not provide such a record. In accordance with the Americans with Disabilities Act,persons who need Special accommodation to participate in the meeting 5h0u[d Contact the Town Clerks Office at(561)278-4548 at least 48 hours prior to the meeting If you are hearing or speech Impaired,please contact the Florida Relay Service at 1-800955-8770 ar 1-800955-8771. For additional information regarding this matter,please cornact the Town Planner at(561)637-2012. TOWN OF HIGHLAND BEACH,BUILDING DEPARTMENT 6/1/2020 6677825 Other Related Documentation for Development Approval Application # 20=0003 Property: 1004 Bel Air Drive, Slip #3 GENERAL LEGEND: AF - ALUI MM FENCE OCR - BROWARD COUNTY RECORDS DIN s BENCHMARK C13 - CATCH BASIN CIL a CENTfJ2LiNE CLF a CHAINUNK FENCE CLP a CONCRETE LIGHT POLE 068 a CONCRETE BLOCK STRUCTURE CONC a CONCRETE CIS a CONCRETE SLAB DE - DRAINAGE EASEMENT fa 0 a DELTA (CENTRAL ANGLE) at' E a EAST ELE - ELEVATION X (W = EXISTtNG ELEVATION EOP - EDGE OF PAVEMENT EOW - EDGE OF WATER FF a FINISHD FLOOR FH a FIRE HYDRANT FN = FOUND NAIL INV = INVERT FtP - FOUND IRON PIPE I . FIR a FOUND IRON ROD FND = FOUND NAIL AND DISC L = ARC LENGTH MICR a M Weil DAVE COUNTY RECORDS N a NORTH NA a NAIL AND DISC MF a METAL FENCE ORB - OFFaAL RECORDS BOOK OIS a OFFSET PS - PLAT BOOK POOR a PALM BEACH RECORDS PC = POINT OF CURVATURE m -PAGE 4d' PL a PROPERTY LINT: POS is POINT OF BEGINNNG POC = POINT OF COMMENCEMENT PVCF = PLASM FENCE R ■ RADIUS RM = RIGHT OF WAY S a SOUTH SM a SIDEWALK SAVE a SIDEWALK EASEMENT SIR a SET lir IRON ROD ` OND a SET NAIL A DISC LIE * UTILITY EASEMENT UP n UTILITY POLE w a WEST WIF m WOOD FENCE WIM = WATM METER Boundary Survey PROPERTY ADDRESS: 1008 BEL AIR DRIVE HIGHLAND BEACH, FL 33487 2a8.W INTERCOASTAL WATERWAY NOTE: 1) WOOD DOCK IN INTRACOASTAL WATER RIW REVISIONS: DATE: SCALE: 1" = W ' "IV avwc T v mc5 -� -- FORTH BY THE FLO FIELD LOCATION OF IMPROVEMENTS 6134 08 CARD: W AND MAPPERS IN C [CHECKED BY: JSP T+IP U7 NO LD. OUY WIRE LEGAL DESCRIPTION: LOTS 1, Z AND 3 OFF "HIGHLAND BEACH ISLES - ACCORDING TO THE PLAT THEREOF, AS RECORM IN PLAT BOOK 25, PAGE 154 OF THE PUBLIC RECORDS OF PALM BEACHD COUNT tY, FLORIDA. CERTIFICATIONS: ICHAEL KRAFT ENTERPRISES, INC �� FcD)i . E�E MAY 2 o Z02 i HIGHLAND 6EAC BUILDING DEPART EN_r� SURVEYORS NOTES: (1). ANGLES IF SHOWN ARE REFERENCED TO THE RECORD PUT AND ARE AS MEASURED. M LEGAL DEWIiIATION PROVIDED BY CLIENT UNLESS OTHERWISE NOTED. (3). NO UNDERGROUND IMPROVEMENTS LOCATED EXCEPT AS SHOWM. (4). THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT THEREFOR THE ONLY SURVEY MATTERS SHOWN ARE PER THE RECORD PLAT. THERE MAY BE ADDITIONAL MATTERS OF RECORD, NOT SHOWN WHICH CAN BE FOUND IN THE PUBLIC RECORDS OF THE CORRESPONDING COUNTY OF RECORD. (S). THIS SURVEY 18 FOR CONVEYANCE PURPOSES ONLY (B). THIS SURVEY IS NOT TO DE USED FOR CONSTRUCTION PURPOSES AND/OR NEW DESIGN. IDARDS OF PRACTICE AS SET OF PROFESSIONAL. SURVEYORS T. FLORIDA ADMINISTRATIVE CODE. INVOICE B: IS- 47&M PROFESSIONAL. SURVEYOR AND MAPPER LS 5789 SHEETS 1 OF 1 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ALL COUNTY SURVEYS YO RS I 3JCENSE NO, 077 ICE: (854) 7n AX: (e54) T17-270 5100 SOUTH UNIVERSITY DRIVE DA+AE. FwCAIDA 333M SWE 21 AF R ALUbMUM FENCE BCR - BROWARD COUNTY RECORDS BM a ARK 08 s CATCH WIN 0L =CENTER.[NE C LF at CMNLIKK FEN-E CLP a CONCRM U3HT PULE CBS CONCRETE BLOCK STR MRE cow CONCRETE CONCRETE SLAB FH OE DRNNAM EMPIAENT D DELTA (CENTRALANGLE) E EAST ea El"ATM k O:W s Ex1!MNG ELEVATION UP * EDGE OF PAVEMENT i EOW = EDGE OF WATER FF a FINISHED fR-0OR FIi = FIRE HYDRANT Phi FclLMD "L INV RNERT RP FOUND NION PIPE FIR FOUND [RON ROD < FND FOUND NAIL AND DISC L ARC LERGTH i MDr,R R MIAMi WOE C£)UNTYRECORDS N a NORTH � NID w MM. AND DISC MF = METAL FEW% (3R9 [CLAL REGORDS BOOK 015 cfrsa PB PLAN" BCK)K PBC P ry�.yey¢e; a PA,o fd SOH RCvCOVI DS PC a POINT OF CUWATLARE -? Pe -Me PL m PROPERTY LINE FN POR nPOINTCFREON SING POO - POINT OF '4CM t(T PVCF =,TIC FENCE R r PA NUS }Z1VV = RIQHT OF WAY .� •''� $i SOUTH �pp��f,3- MV SIDEWALK S#W.E SIOEWALK EASEWNT SIR • SET 1 PP° IRON RMn SND n SET NAL & DW LIE a UTILITY EASE10EN1 Up = UTftM PALE W WEST VWIF m WOW FENCE WAA WATER METER ■� !rw Dr!,*��n1#I111,A1,�11 lAllill rsWAM iwar lfiw� LOT TWO STMY Cu BUIJAMiB *igOt] .*� LOT 2 Existing concrete seawall, cap and pilings to remain NOTE: 1) WOOD DOCK IN INTRACOASTAL WATER RtW VALVE CATV nxx AdCO PWU1tP 24& II4W-RCCMTAL WATERWAY rwo ffmay OWMAUYM ftm LOT3 Existing 221' x 3.55` (5.55' from wetface, 1224.7sf) wood dock to remain PI.A4M 4 .I LEGAL DESC TION: LOTS 1, 2 AND S OF ®HH3HI,AAND BEACH ISLES - ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 154 OF THE PUBLIC RECORDS OF PALM BEACHD COUNTY, FLOR.IDk CERTIFICATIONS: MICHAEL KRAFT ENTERPRISES, INC SURVEYORS NOTES: 111. ANGLES IF SHOWM AM FWERENCED TO THIS RECORD PLAT AND ARE AS iRED. M. LEGAL. DESCRIPTION PROVIDED BY CLIENT UNLESS OTHERWISE NOTED. 131. NO LMDIERGROUND WROVEMENTS LOCATED EKCEPT AS SHOWN. (4). THIS SURVEY WAS PRIWARW WITHOUT THE INENWIT OF A TITLE COMMITMENT THEREFOR THE ONLY SURVEY MATTERS SHOWN ARE PER THE RECORD PLAT. THERE MAY BE ADDITIONAL MAT 11*8 OF RECORD, NOT SHOWN WHICH CAN BE MOUND IN THE PUBLIC RECORDS OF THE CORRESPONDING COUNTY 4I1 RECORD. (5). THIS SURVEY IS FOR CONVEYANCE PURPOSES ONLY (6). THIS SURVEY IS NOT TO BE USED FOR CONSTRUCTION PURPOSES AND/OR NEW DESIGN. '-- --- REVISKM: DATE: SCALE: 1" = 3W THIS SURVEYS MEETS THE STANDARDS OF PRACTICE AS Sff tea Survey�_ __ FORTH BY THE FLORIDA AR0 OF PROFESSIONAL SURVEYORS Pi-L COW" $URIMEY�$ PROPERTY ADDRESS:FIELD LOCATION OF IMPROVEMENTS 613012018 CA.DO: U AND MAPPERS IN C 17, FLORIDAADMII4STRATIVE CODE. ., 1005 BEL AIR DRIVE CHECKED BY: JSP JULIO S. PITA. P M.,STATE OF FLORIDA i ; 3JC1ENSe Na. HMHLAND BEACH, FL. 33487 - ue: (!S4) 777 IOIGE So 1Q• 4Y648 PROFESSIONAL SURVEYOR AND MAPPER LS 57Et9 — Ys VALID 1NITHOUT THE SIGNATURE AND THE ORIGINAL RAISED ------==�'�c: tss4f m�7e SHEET 1 OF 1 SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. t�aVW— F �a surm 2 Cad G. Forbes PE. 1000 South Dixie ENVY, (Nest; Suite 1 Pompano Beach, Florida 33NO Email: Carfforbespe@yahoo.com License. NO: PE-20699 Phone: 954-682-6 51 EXISTING CONDITIONS E T =ICJIJRE FN ENT ANGLE) 0.1' a Disc SInr REWRDS 0 to DS BOOK Existing concrete seawall, cap and pilings to remain Existing 221' x 3.55' (5.55' from wetface, 1224.7sf) wood dock to remain M Ina .#1a 3 SEL AIR DRIVE ASMALT RC'fAbWAY R�2. a'b' PJW (TOTAL) , (2) new iz•- aia.wooa pilings, with 20' x 12' PWC platform (240sf) in Slip #3 (Happ) 20' 1 NOTE: 1) WOOD DOCK IN r & r.r ry a .n► w a a a w+w w rw ra a • PROPOSED CONDITIONS 111'-6" Carl G. Forbes PE. I000 South Dixie HWY, West; Suite 1 Pompano Beach, Florida 33060 Email: Cadforbespe@yahOO.COM License NO: PE-20699 Phone: 954-W-6651 FIP 1J3" NO I.D. GUY WRE ML New 1000011b elevator lift in Slip #7 (To be permitted separately; not part of this permit request) 20' , 24' _, ra IN PLAT BOOK ZSi F RECORDS OF PALM CERTIFICAT101 I HAEL KR U d �! RE MOM- SURVEYORS NTI LU 0 W (1). ANGLES IF SHOWS 1 RECORD PLAT AND AR 3 � (2). LEGAL DESCRWM � 0 � 01MRMSE NOTED. > U m LL (3). NO i�1�1' 0 2 Q 0 Q�ERGROUNI EXCEPT AS S7 r co (4). THIS SURVEY WAS o 2 : a °z OF A TITLE COMMITMEI � � o g MA' "'t'�I�iS SHOWN ARE � 0 z a 6 MAY BE ADDIT11ONAL Is aw}0z2 WHICH CAN BE FOUND DroWn CA CORRESPONDING COU cterxee by: ChLcW Dt6. aN W,A �5?THIS SURVEY IS FC � No.:P n C Wetfac i �. Property line. ` i ... U� �R SLIP SLIP SLIP SLiP SLIP g 7 I } Existing concrete seawall, 2 r„ 3 4 5 A g Ui cap and pilings to remain -D o �- 0 , ; 10 -° 0 m O ° New 1000011b elevator lift on New 1000011b elevator lift in Slip #7 Mm ° z Existing 221' x 3.55' (5.55' from wetface, `` s cc . 0 2 new 12" dia. woad ilin s, () p g ; To be permitted separately; not & a w � �� 1224 7sf) wood dock to remain _ 0 0 with 20' x 12' PWC platform part of this permit request) 1 (240sf) In Slip #3 (Happ) 20' 00,34affilm 1 1 General Notes: 1. New lift pilings to be 12" dia. CCA treated wood pilings. 2. All pilings to be driven 8' into strata. If hard strata is encountered, a 2' minimum All pilings shall be driven to develop a minimum allowable bearing capacity of 10 tons and shall penetrate a minimum of 8' into yielding material or 2' into rock.Turbidity barriers are to surround all in water construction areas during piling and/or panel installation activities. 3. Turbidity barriers, if necessary, are to surround all in water construction areas during piling and/or panel installation activities. 4. Elevations shown are based on the North American Vertical Datum of 1988. 5. Design in accordance with 2017 6th Edition of the Florida Building Code. 6. Construction methods, procedures, and sequences are the responsibility of the Contractor. The Contractor shall take the necessary means to maintain and protect the structural integrity and serviceability of the construction at all times. 7. Any discrepancies found for any circumstance between the structural plans and the existing conditions found on site and/or any conditions that were omitted on the plans will be the responsibility of the Contractor to immediately bring to the attention of the Engineer of Record. 111'--6" 20' - -4 -� Carl G. Forbes PE. 000 south Dixie HWY, West; Suifie 1 Pompano Beach, Florida 33060 ail: Gaitforbespe@yahoo.com License NO: PE-20699 'hone: 954-682-6651 8. Existing conditions are unknown, therefore, worst case conditions have been approximated, all existing conditions are assumed and must be confirmed by the � Contractor after permitting. LLJ o 9. Engineers Limitations _.of Re__s,_.pons_lb_i.l-it-4:_ The Engineer shall not be responsible for o the quality or composition of materials, fabrications, construction inspection, o or the quality and correctness of supervision, or review, special inspection, q y o �, construction unless the appropriate submissions, reports, approvals, inspections, > 0 mLL site visit, construction review, or special inspections are performed by the o � Engineer or his representative as required herein, and then only such z 2 responsibility as is associated with the specific work performed as is commonly a 2 � a CO assigned a structural engineer in relation to other engineering and construction � Q W 10. disciplines associated with the project. The Engineer shall not be responsible for site and construction safety and/or the =3 z i = Q o 4 g safety of construction workers. Site and construction safety is the responsibility,; CAW. DM of the Contractor. The Contractor shall be responsible for the safety of his Dde: 006a employees and the safety of the employee of all subcontractors to the project. 19-064 11. Engineer's., of_ Com�an". --; To the best of the Engineer's knowledge, the --_Statement structural plans and specifications presented herein comply with the applicable �� minimum building codes, standards, and practices, x rn ro 15' 12' Proposed 100001b lift with 20' x 12' PWC platform; See typical manufacturer plans for details 131 MHW +0.36' NAVD 20'--5.2" from wetface 20'-10.3" from Property line 1111LW -1.99' NAVD Existing berm to remains New 12" dia. wood lift piling LIFT DETAIL SLIP #3 SCALE: 3/8" = 1'-0" Existing wetfac 1 31 -- 5.2" 21 1 •X •L'- w� Z I a � � w' al 301 _ c C' c 0C a. Existing dock to remain; I lev = +4.0' N+D 46 *' I:: '• ., f :;. :. �•I s _ .�• 14 AL' ol ` Existing dock pilings to remain xisting grade to remain Existing seawall, cap and pilings to remain wR� o� Aan 4 HM:jz 3 O rW �. aaom3 W U) O > Z 0 O Q J W � M LL 0 X UU �_ �QZ°,m o � LL LL.:r 0 g =3 Z CL V ��U�ii ""om�f CA Job ,9�M �; DTL DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 4400 PGA Boulevard, Suite 500 Palm Beach Gardens, Florida 33410 October 24, 2019 REPLY TO ATTENTION OF Regulatory Division Palm Beach Gardens Section SAJ-2019-02616(GP-PWB) Kimberly Happ 1004 Bel Air Drive Highland Beach, Florida 33437 Dear Mr./Ms. Happ: Your application for a Department of the Army permit received on July 21, 2019, has been assigned number SAJ-2019-02616(GP-PWB). A review of the information and drawings provided shows the proposed work is to install a new 12-foot by 20-foot PWC platform lift (240 square feet) with 2 wood piles in existing slip number 3. No new slips are proposed. The project would affect waters of the United States associated with a man-made waterway adjacent to 1004 Bel Air Drive, in Section 4, Township 47 South Range 43 East, Highland Beach, Palm Beach County, Florida. Your project, as depicted on the enclosed drawings (Attachment A), is authorized by Regional General Permit (GP) SAJ-33. This authorization is valid until July 24, 2023. Please access the Corps' Jacksonville District Regulatory Division Internet page to view the special and general conditions for SAJ-33, which apply specifically to this authorization. The Internet URL address is: htti)://www.sa'l.usace.army.mil/Missions/Re.gulatory.asr)x Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Once there you will need to click on "Source Book"; and, then click on "General Permits". Then you will need to click on the specific SAJ permit noted above. You must comply with all of the special and general conditions of the permit; and, any project -specific conditions noted below, or you may be subject to enforcement action. The following project -specific conditions are included with this authorization: 1. Reporting Address: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to either (not both) of the following addresses: -2- a. For electronic mail (preferred): SAJ-RD-Enforcement a usace.arm\/.mil (not to exceed 15 MB). b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. The Permittee shall reference this permit number, SAJ-2019-02616(GP-PWB), on all submittals. 2. Self -Certification: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached "Self -Certification Statement of Compliance" form (Attachment B) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the "Self -Certification Statement of Compliance" form. The description of any deviations on the "Self -Certification Statement of Compliance" form does not constitute approval of any deviations by the Corps. 3. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 4. Manatee Conditions: The Permittee shall comply with the enclosed (Attachment C) "Standard Manatee Conditions for In -Water Work — 2011." 5. TL9r bldity Barriers: Prior to the initiation of any of the work authorized by this permit, the Permittee shall install floating turbidity barriers with weighted skirts that extend to within one foot of the bottom around all work areas that are in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained until the authorized work has been completed and all erodible materials have been stabilized. Turbidity barriers shall be removed upon stabilization of the work area. 6. Project Design Criteria (PDCs) for lra©Water Activities: The Permittee shall comply with National Marine Fisheries Service's "PDCs for In -Water Activities" dated November 20, 2017 (Attachment D). -3- 7. Daylight Hours: All activities must be completed during daylight hours. 8. Educational Signs: signs must be posted in a visible location(s), alerting users of listed species in the area susceptible to vessel strikes and hook -and line captures. The most current version of the signs that must be downloaded and sign installation guidance are available at: (https://www.fisheries.noaa.gov/southeast/consultations/protected- specieseducational-signs). The signs required to be posted by area are stated below: • All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin sign. These signs shall include contact information to the sea turtle and marine mammal stranding networks and Smalltooth sawfish encounter database. Projects within the North Atlantic right whale educational sign zone shall post the Help Protect North Atlantic Right Whales sign above. 9. Monofilament Recycling Bins: Monofilament recycling bins must be provided at the docking facility to reduce the risk of turtle or sawfish entanglement in, or ingestion of, marine debris. Monofilament recycling bins must: ® Be constructed and labeled according to the instructions provided at http://mrrp.myfwc.com. ® Be maintained in working order and emptied frequently (according to http://mrrp.myfwc.com standards) so that they do not overflow. 10. Commnamcament Notification: Within 10 days from the date of initiating the work authorized by this permit the Permittee shall submit a completed "Commencement Notification" Form (Attachment E). 11. Cultural Resources/Historic Properties: a. No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP. b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work and ground -disturbing activities within a 100-meter diameter of the discovery and notify -4- the Corps within the same business day (8 hours). The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition ; and if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps. d. In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist and from the Corps. This authorization does not obviate the necessity to obtain any other Federal, State, or local permits, which may be required. Prior to the initiation of any construction, projects qualifying for this NWP/RGP permit must qualify for an exemption under section 403.813(1), F.S. or 373.406, F.S., or otherwise be authorized by the applicable permit regUired under Part IV of Chapter 373, F.S., by the Department of Environmental Protection, a water management district under section 373.069, F.S., or a local government with delegated authority under section 373.441, F.S., and receive Water Quality Certification (WQC) and applicable Coastal Zone Consistency Concurrence (CZCC) or waiver thereto, as well as any authorizations required for the use of state- owned submerged lands under Chapter 253, F.S., and, as applicable, Chapter 258, F.S. You should check State -permitting requirements with the Florida Department of Environmental Protection or the appropriate water management district. This authorization does not include conditions that would prevent the `take' of a state - listed fish or wildlife species. These species are protected under sec. 379.411, Florida -5- Statutes, and listed under Rule 66A-27, Florida Administrative Code. With regard to fish and wildlife species designated as species of special concern or threatened by the State of Florida, you are responsible for coordinating directly with the Florida Fish and Wildlife Conservation Commission (FWC). You can visit the FWC license and permitting webpage (http://www.myfwc.com/license/wildlife/) for more information, including a list of those fish and wildlife species designated as species of special concern or threatened. The Florida Natural Areas Inventory (http://www.fnai.org/) also maintains updated lists, by county, of documented occurrences of those species. This authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood -prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced RGP, please contact Paula Sratschi by telephone at 561-472-3532. M Thank you for your cooperation with our permit program. The Corps' Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to complete our automated Customer Service Survey at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated — favorable or otherwise. Sincerely, Paula Bratschi Project Manager Enclosures: Attachment A: Drawings Attachment B: "Standard Manatee Conditions for In -Water work — 2011" Attachment C: Project Design Criteria (PDCs) for In -Water Activities Attachment D: Self -Certification Statement of Compliance Copies Furnished: David Nutter nutt3839gbellsouth.net C ESAJ-RD-P E GENERAL CONDITIONS 33 CFR PART 320-330 PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986 1. The time limit for completing the work authorized ends on the dates identified in the letter. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ-2019-02616(GP-PWB� When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Armv permits is finite. the permit itself, with its limitations, does not ex ip re. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232-0019. (TRANSFEREE -SIGNATURE) (DATE) (NAME -PRINTED) (MAILING ADDRESS) (CITY, STATE, SIP CODE) (SUBDIVISION) (LOT) --- _ (BLOCK) (STREET ADDRESS) 40 -r n Z z v 0 Z co loll= 100*114saffinow DI& , ago.............. . .... s . ... . HTSMAN COVE TOWNHOUSE * P(O NU ^ ASSO ,6ELA1R Dt�IVE BOATU & DOCKS tSKOVrTZ (SUP n, 1016 E2l.A1R ORMIt OF SOUTH FWRIDA HiAND BEACH imD IM 319T. AVF?AE POMPANO R4 R. =W 115"'79—OQll 31151♦71 .lat.r 1•t'�'r 'e�►'r'trr MINN 1 _ "rfll/1(;Ill "flf I'jfMlj�lrjflrll - i�■f■f■I.ti.l.l •�I�j�l�l�!M�l��<<f w 3 Frta/9s< —4 0 INS- 0 s m H CL a CLa,�� m � rn ;� n � �a�toa gag �rmad^-v = o P _ a R o a q p -i D. rt O rr O a m n ar�2 °'Ra19.` a — 013 O 0 g Lr=3MCC 3 n 411 A9� h .a®� rra A ..tea �. SLO 97 MEE AN COVE TOWNHOUBE NIUMASSO P 3). IM BELA)R DRIVE 1TE (SLIP 7), IDIG 9ELAIR OFdVE ) REACH ro CC 40dWd UJ04 „£•81—.OZ y .3—.OZ �. aL x� r �a 1 � � l ®kk} RVWOld CD cn h7 cr BOAT7i FTS & DGCIK9 OF SOUTH FWRMA 42 PlAL MST. AVMW POWAW OWK FL 330ta Lt7g1')ee4 in& LLC- �.: 9iy u' i�cct xcx� j �h,rt-53So9 ru ��te I CA r— F rn I F ch Ig I� I Iv Cb 3: A L V., .4 1 jn-s FOM fACHTS%MN COVE TOWNHOUSE �NDQMNIUMASSO _Wp (SUP 3) . I W4 BELAJR DRIVE IERSKOV(TZ (StIP 7), 1016 BELAIR MWE +GHLANO BEACH cn cr UNE — — — — — — — — — I — — — FL cm AED FOIL. TIESDOCKS "MW TIES & 7 LLC BOUM FLORIDA VL MV. MOVE 1N0 MAM FL 3XM )71-4)Ml _ STANDARD MANATEE CONDITIONS FOR IN -WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. C. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on -site project personnel are responsible for observing water -related activities for the presence of manatee(s). All in -water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at Imi)eriledSrecies a mvFWC.com f. Temporary signs concerning manatees shall be posted prior to and during all in -water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 12" by 11" explaining the requirements for "Idle Speed/No Wake" and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water -related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. O 0 00 00 CL CD 0 0 0 ED �� o rat 0 C4 CD CD Sf U) rmfn role M Ln -h z r+ 0 0 X m F-E LILI P - U.S. Army Corps of Engineers Jacksonville District's Programmatic Biological Opinion (JaxBO) Project Design Criteria (PDCs) for In -Water Activities November 20, 2017 1) (AP.7.) Education and Observation: The permittee must ensure that all personnel associated with the project are instructed about the potential presence of species protected under the ESA and the Marine Mammal Protection Act (MMPA). All on -site project personnel are responsible for observing water -related activities for the presence of protected species. All personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing ESA -listed species or marine mammals. To determine which species may be found in the project area, please review the relevant Protected Species List at: http:/lsero.nmfs.noaa.gov�rotected resources/section 7/threatened endangered/in dex.html 2) (AP.8.) Reporting of interactions with protected species: a) Any collision(s) with and/or injury to any sea turtle, sawfish, whale, or sturgeon occurring during the construction of a project, shall be reported immediately to NMFS's Protected Resources Division (PRD) at (1-727-824-5312) or by email to takereport.nmfsser@noaa.gov and SAJ-RD-Enforcement@usace.army.mil. b) Smalltooth sawfish: Report sightings to 1-844-SAWFISH or email Sawfish@MyFWC.com c) Sturgeon: Report dead sturgeon to 1-844-STURG 911 (1-844-788-7491) or email nmfs.ser.sturgeonnetwork@noaa.gov d) Sea turtles and marine mammals: Report stranded, injured, or dead animals to 1- 877-WHALE HELP (1-877-942-5343). e) North Atlantic right whale: Report injured, dead, or entangled right whales to the USCG via VHF Channel 16. 3) (AP.9.) Vessel Traffic and Construction Equipment: All vessel operators must watch for and avoid collision with species protected under the ESA and MMPA. Vessel operators must avoid potential interactions with protected species and operate in accordance with the following protective measures: a) Construction Equipment: i) All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while operating in water depths where the draft of the vessel provides less than a 4-foot (ft) clearance from the bottom, and in all depths after a protected species has been observed in and has departed the area. ii) All vessels will follow marked channels and/or routes using the maximum water depth whenever possible. iii) Operation of any mechanical construction equipment, including vessels, shall cease immediately if a listed species is observed within a 50-ft radius of construction equipment and shall not resume until the species has departed the area of its own volition. iv) If the detection of species is not possible during certain weather conditions (e.g., fog, rain, wind), then in -water operations will cease until weather conditions improve and detection is again feasible. b) All Vessels: i) Sea turtles: Maintain a minimum distance of 150 ft. ii) North Atlantic right whale: Maintain a minimum 1,500-ft distance (500 yards). iii) Vessels 65 ft in length or longer must comply with the Right Whale Ship Strike Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10 knots or less in Seasonal Management Areas (httL7://www.fisheries.noaa.gov/pr/shiostrike/). iv) Mariners shall check various communication media for general information regarding avoiding ship strikes and specific information regarding right whale sightings in the area. These include NOAA weather radio, USCG NAVTEX broadcasts, and Notices to Mariners. v) Marine mammals (i.e., dolphins, whales [other than North Atlantic right whales], and porpoises): Maintain a minimum distance of 300 ft. vi) When these animals are sighted while the vessel is underway (e.g., bow - riding), attempt to remain parallel to the animal's course. Avoid excessive speed or abrupt changes in direction until they have left the area. vii) Reduce speed to 10 knots or less when mother/calf pairs or groups of marine mammals are observed, when safety permits. 4) (AP.10.) Turbidity Control pleasures during Construction: Turbidity must be monitored and controlled. Prior to initiating any of the work covered under this Opinion, the Permittee shall install turbidity curtains as described below. In some instances, the use of turbidity curtains may be waived by the USACE project manager if the project is deemed too minimal to generate turbidity (e.g., certain ATON installation, scientific survey device placement, marine debris removal) or if the current is too strong for the curtains to stay in place. Turbidity curtains specifications: a) Install floating turbidity barriers with weighted skirts that extend to within 1 ft of the bottom around all work areas that are in, or adjacent to, surface waters. b) Use these turbidity barriers throughout construction to control erosion and siltation and ensure that turbidity levels within the project area do not exceed background conditions. c) Position turbidity barriers in a way that does not block species' entry to or exit from designated critical habitat. d) Monitor and maintain turbidity barriers in place until the authorized work has been completed and the water quality in the project area has returned to background conditions. e) In the range of ESA -listed corals (St. Lucie Inlet, Martin County south to the Dry Tortugas and the U.S. Caribbean) and Johnson's seagrass (Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida): i) Projects that include upland earth moving (e.g., grading to install a building or parking lot associated with a dock and seawall project), must install sediment control barriers to prevent any upland sediments from reaching estuarine or marine waters. ii) The turbidity curtain requirement cannot be waived for any project that moves or removes sediment (e.g., dredging, auger to create a pile, trenching to install a cableline). If turbidity curtains are not feasible in an area based on site conditions such as water current, high wave action, or stormy conditions, the project must undergo individual Section 7 consultation and is not covered under this Programmatic Opinion. 5) (AP.11.) Entanglement: All turbidity curtains and other in -water equipment must be properly secured with materials that reduce the risk of entanglement of marine species (described below). Turbidity curtains likewise must be made of materials that reduce the risk of entanglement of marine species. a) In -water lines (rope, chain, and cable, including the lines to secure turbidity curtains) must be stiff, taut, and non -looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in - water lines, such as nylon rope or any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line from looping and tangling. In all instances, no excess line is allowed in the water. b) Turbidity curtains and other in -water equipment must be placed in a manner that does not entrap species within the construction area or block access for them to navigate around the construction area. SELF -CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: SAJ-2019-02616(GP-PWB) Permittee's Name & Address (please print or type): Telephone Number: Location of the Work: Date Work Started: Date Work Completed: PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES NO TO SCHEDULE AN INSPECTION PLEASE CONTACT AT Description of the Work (e.g. bank stabilization, residential or commercial filling, docks, dredging, etc.): Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable): Describe any Deviations from Permit (attach drawing(s) depicting the deviations): certify that all work and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). Signature of Permittee Full Name of Permittee (printed or typed) Date -- LO M � s � � � - _ ■ ^`\� \?C A L _ e. 00 � � � 9MM 0 L 4) IA cc wm � ( Ic Cc :!c C � 'pEPA r FLORIDA DEPARTMENT OF Environmental Protection Southeast District Office k, ao 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 561-681-6600 November 27, 2019 Yachtsman Cove Townhouse Condominium Association c/o Kimberly Happ and Larry Herskovitz 1004 and 1016 Bel Air Drive Highland Beach, Florida 33487 Re: File No.: 50-378383-001-EE File Name: Happ & Herskovitz Dear Kimberly Happ and Larry Herskovitz: Ron Mantis Governor Jeanette Nunez Lt. Governor Noah Valensteln Secretary On July 22, 2019, we received your request for verification of exemption to install two boatlifts, each within an existing slip area. The project is located in the Intracoastal Waterway, Class III Waters, adjacent to 1004 and 1016 Bel Air Drive, Highland Beach (Section 4, Township 47 South, Range 43 East), in Palm Beach County (Latitude N 26' 23' 46.55", Longitude W 80' 04' 10.03"). Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal approval that may be necessary for work in wetlands or waters of the United States. Your project did not qualify for the federal authorization of this verification request. Additional authorization must be obtained prior to commencement of the proposed activity. This letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. Please refer to the specific section(s) dealing with that portion of the review below for advice on how to proceed. If you change the project from what you submitted, the authorization(s) granted may no longer be valid at the time of commencement of the project. Please contact us prior to beginning your project if you wish to make any changes. If you have any questions regarding this matter, please contact David Kieckbusch at the letterhead address or at (561) 681-6646, David.Kieckbusch U t7oridade p. Lvov. Project No.: 50-378383-001-EE Project Name: Happ & Herskovitz Page 2 of 5 1. Regulatory Review -- VERIFIED Based on the information submitted, the Department has verified that the activity as proposed is exempt, under Chapter 62-330.051(5)(h), Florida Administrative Code, from the need to obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes. This exemption verification is based on the information you provided the Department and the statutes and rules in effect when the information was submitted. This verification may not be valid if site conditions materially change, the project design is modified, or the statutes or rules governing the exempt activity are amended. In the event you need to re -verify the exempt status for the activity, a new request and verification fee will be required. Any substantial modifications to the project design should be submitted to the Department for review, as changes may result in a permit being required. 2. Proprietary Review- NOT REQUIRED The activity does not appear to be located on sovereign submerged lands, and does not require further authorization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the Florida Administrative Code. 3. Federal Review - NOT APPROVED Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using their APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT, ENG FORM 4345, or alternative as allowed by their regulations. More information on Corps permitting may be found online in the Jacksonville District Regulatory Division Source Book at: htti)s:H/ vww.sai.usace.arinN.mil/Missions/Re_i-,ulator�/Source-Book. Authority for review - an agreement with the USACOE entitled "Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection (or Duly Authorized Designee), State Programmatic General Permit", Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. Additional Information Please retain this letter. The activities may be inspected by authorized state personnel in the future to ensure compliance with appropriate statutes and administrative codes. If the activities are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18- 14, F.A.C. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Departinent unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until a subsequent order of the Department. Because the administrative hearing Project No.: 50-378383-001-EE Project Name: Happ & Herskovitz Page 3 of 5 process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearing A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28- 106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, or via electronic correspondence at A<)encv Clerk _i:dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62- 110.106(10)(a). The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and Project No.: 50-3783 83-001-EE Project Name: Happ & Herskovitz Page 4 of 5 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you do not publish notice of this action, this waiver will not apply to persons who have not received written notice of this action. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, or via electronic correspondence at Agency Clerkr&de p.state.fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department. Project No.: 50-378383-001-EE Project Name: Happ & Herskovitz Page 5 of 5 EXECUTION AND CLERKING Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION KvadAr �r Emily Rodriguez Environmental Specialist II Southeast District Enclosures: Attachment A- Specific Exemption Rule Project drawings, 7 pages CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were sent on the filing date below to the following listed persons: FDEP — Jeffrey L Meyer, David Kieckbusch David Nutter, Boatlifts and Docks of South Florida, nutt3839�1'(vbellsouth.net FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipA Awhich is hereby acknowledged. 11 /27/2019 Clerk Date Attachment A 62-330.051 Exempt Activities. The activities meeting the limitations and restrictions below are exempt from permitting. However, if located in, on, or over state-owned submerged lands, they are subject to a separate authorization under chapters 253 and 258, F.S., as applicable. (5) Dock, Pier, Boat Ramp and Other Boating -related Work — (h) The installation of a pile -supported boat lift within an existing mooring area at a docking facility that is legally in existence, provided: 1. Such installation does not conflict with a condition of a permit issued thereunder; 2. The boat lift does not include additional structures, such as platforms, cat walks, and roofs. Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.406, 373.4131, 373.4145, 373.415, 403.813(1) FS. History --New 10-1-13, Amended 6-1-18 Maps, 1016 Be! Air Dr P IN I c1le Map data ©2019 Goggle 200 ft t 'b Prnnil i\um6r1' q r� 50 378M-00i-EE ,! 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MMAM601" MO�rb0lllofarm b $ a TAMOA 1lIxtWllNtaCNt1MI�IM11tlOOp�91'tle Nom 11tromoock al NTRAG0AZ 4PWAjWf M �t>lMamtrfrarloaMR /}'qr MIAE'�l�OOAltAMQNMPL�At,Yj 41fwnwu:O�Wl�ld40011iiaYCNIN ��' LLR zg m Ipa01lA1YMCRNIIO�IL C;3L M{YMgM: L1A7116 !QAtfr Ilow P"ACT= AM NU OF/l1Qd tiaMYOls �:� 3� ig_ Y FlALDCIRIOIIt7'MWft0n ANDWf71! l707�lF t1M LJ AIOMY��M 11R0lwV.AMUNUKrMccm I 111a9lLANRWW @ W.mM la/lM.JdM9M4GR.334V mvma W.%vfi NA1ntafmL$sm A__m—M_ftmm=A_ 11D7H1t4}/PIIOUr7}MTIalMO7F<OMICMiIiRAYfdl bmi0 t at 7 n ot& EXISTING CONDITIONS EC IDIOM, momMMM dal . ■rr,� aar_ �• � saw_-,��rras �rnw ,rw� i!A■piA■� r �R-,�Rl�► -i,aR lrlrit+►i +pr�r1ts all�.� r■ ��l,'�rtttl-. �.�lr.■rJal r■w- tatC'ri ORION, v sri� iaa� !ara�■�a!■t ,ar...�et■■ warrlrr !fa! �a■tAtAA K■■raa■w � -■a Atli � ;�+�}! .. Rwl�\�J.iCiI>•,•-..Rr• ,�ww wr.l,r.�. i ■r 1�■ ■■ir mow .R - aa■ AKt■ri.�-. r.. .Yr�t 'rrs■� ��,F rr a■�rr� �rw�w■i rwra■r. +' Mar��t t,3Wlrt aa inrrrr ! ■w�r,w�,w■r,� aar.+a�*sw`7■rWr.r awatww■aaa arrw■rawaw .w<sr�s wrrwrlr■ owl �■■!, arr ■tom ■■t■ t!■Ar I•lrr�r t�tArr y .>.._ / r. ww •r s / a!r<r.wRa fltrw�aaa■t f•I,r r■■r� - war i•a■!A■■<r>s a=a wa rr,aa�� twmrrm Rim woos-- ■■ mow, r�1Rlf ■rAKr! w■iw .R�,..� ��u wa#■E a� r •• r s _ - ■rIIMI► �■► � ta� It■t!■ • , ■ar =,wnrAR--=.>��rrwli;r ?•w� aww= as - u - w■ a � �RrAl�t�ia■ .aid i' .I. L - Ir■■!■I,t/r >w+MAA■t-V ■war . _ n ■' :..a ��x , �� _ 1■■■■tY tr!lrwal� i � ■■,a■. ,`aA� � R ra � r 71r r IA•a� �. EA■ mm .. � 'J� ��Mr ■M. • WIM -■A tllrrrl--=iwdMlr�lt� ■■� Irl,lAr rrs:� ■ralww>s�tMMw,r.rw w■ri rMM� /!� - r/`` r ' •,,, us AA(<wl'rw�RK<Krll�Ir _ --- ----- - �- 1Y r � iR <w�i ,.,r,rrw *~f■�r.Maw-r-�S.`^+!••�wirtiifilli��Y ■r 7r_ ,ar■ as i �� jf: IN 0- �t�Al�a aa! wwr tll7r�tw >♦!<r; 11�1a M � r■Rr. , err.' iw� Mob,fr -L�t•rt��1i -•••4f///TI//J�HL//%!!!lIIIJ/!///!//�IJJ+' ICY/IlN/I�/IIIRIf ♦ -•� IIVII//J// /: /I1f1/II!/� �. Ills..- .... - Yr, �rfirirs. /.:IA l' '••"'!I%t!//I��IiliI� r- r-_ . 1- � r SLIP 1 E)asWg corraete t cap and p>iings to Existing 221' x 3.55' (5.55' ham Mi f-:B, 1224.7sI) word dads to remain Property ih w S2P { - SLIP 4 1 1 1 R. I { �: w sla .- 6 L^; S6 7 5 Q� W-4 t ` flew i OdO111b elevator FA on (2) now 12^ dla. wood vinpt; m with 2O' x 17 PWC platform (24M In Sip 03 (Happ) ZY , 114! c— ot L� W � SITE C PLAN / Gweral Nate: 1. New lift pi-ngs to be 12' dia. CCA trsoted wood pgtng3- 2 All Pilings to be drive S' into strata, If hard strato Is encountavd, a 2' minimum All pilings ehdl be driven to develop a minimum allowable bearing oapocity of 10 tons and shall penetrate o minlmum of 8' into yielding material or 2' Into rock.Turbidlty barrlera ore to surround all In water construction areas during pllfng and/or panel Installation activities. 3. Elevations shown are based an the North Amerlran Vertical Datum of 1288. 4. Oesign in accordance with 2017 6th Edition of the Florida Building Code. S. Construction methods, procedures, and sequences are the rewponslbIlty of the Contractor, The: Contractor shall take the necessary means to maintaln and protect the structural integrity and serviceability of the constructlon at all tines. 6. Any diacrepancias found for any circumstance between the structural plane and the existing conditions found on mite and/or any conditions that were omitted an the plans will be the responrrlb➢Sty of the Contractor to immediately bring to the attention of the Engineer of Record. t"r 11+I �� New 100D06b elevaia' lilt o n (2) new 121 da. wood plirgs, •+ wfth 20' x 17 Pink ptalform 7 (2400 in Slip *7 (HerakovttZ) 24' 1'H IIM \14t1., 9 +( Y� so a�ases aol-Er= D �O 7. Existing conditions are unknown. therefore, worst case conditions have bean F approxtnatsd. oil existing conditions are assumed and must bo confirmed by the Contractor after pvrmltting. 2m 8. Engineer's Umltotions of Resaonsibillty. The Engineer aholl not be respons[Us for inspeatton, L�. ywQ the quality or campasition of matsriaia, fabrlcotlons, construction supwvislcn, or review, speckA inspection, or the quality arW correctness of construction untosa the appropriate submisakona, mparts, approvals. Irmpectiana, sits visit. construction revfava, or special inspections are performed by the Engineer or his representative as required herein, and the wA such responsibility as is associated with the spee9c work pertorm� as is cornmonly assigned a structural engineer in relation to other enginear'rng and construction discipltnes associated with the project. 9. The Engineer shall not be responeible for sits and construction safety and/or the safety of consbuction workers. Site and construction safety b the responsibility of the Contractor. The Contractor ehaii be responsible for the safety of his ,9 employees and the safety of the employee of all subcontractors to the project e� 10. gtneer'e Steternsai of Q00211anca To the best of the Engkteer s knowledge, the En otructural clans and aoeeifIcotiona oreaented hersln cornafy with the cpollcable cxIstIng _ 31-520 IFT DETAIL (SLIP #3 ExisbV dock to rem and plifts to remain -MHVV +0.38' NAyO_-___---------------- NO LIFT DETAIL (SLIP #7) 20 pin,' N LOP NT ORDER 111CJ1L_AifsD BEA,,�I-I 0003 �'J 1. f...f.1T 1��' l..J%. i'Qt'.1MENi February 18, 2020 Town of Highland Beach 3616 South Ocean Blvd Highland Beach, FL 33487 Re: Installation of boat lifts at multi -family property 1004 Bel Air Drive, Slip #3 1016 Bel Air Drive, Slip #7 Dear Board Members, The property owners of 1004 Bel Air Drive and 1016 Bel Air Drive, at the Yachtsman Cove Townhouse Condominiums, are requesting to install elevator style boat lifts in their assigned slips. The lifts have been approved by both the Florida Department of Environmental Protection and the Army Corps of Engineers, and both lifts meets the Town's building code with respect to side setbacks and waterward extension. Neither lift would impose an impact on the waterway or the neighbor, in the form or a navigational or visual obstruction. Sincerely, D utter__- s and Docks of South Florida Payer/Payee: HAPP, KIMBERLY TRUST Cashier: Carol Holland Date: 03/06/2020 1004 BEL AIR DR UNIT A2 HIGHLAND BEACH FL 33487 Fee Description Fee Amount Amount Paid Fee Balance Planning Board Fee $1,500.00 $1,500.00 $0.00 ATTORNEY CONSULTATION FEE $500.00 $500.00 $0.00 ENGINEERING REVIEW FEE $500.00 $500.00 $0.00 $2,500.00 $2,500.00 $0.00 CHECK 10317 $2,500.00 Total Paid: $2,500.00 Printed 03/06/2020 14:08:00 by Carol Page 1 of 1 I, t! '' the Contractor, hereby grant authorization to ✓ ,Authorized Agent, to act in my behalf with the Town of Highland Beach Building Department while conducting activities related to obtaining permits. These activities specifically include signing all documents requiring signature of "contractor". llvt/i G , Authorized Agent, is to be considered an agent of my business and therefore the signature of said agent is binding and causes me to assume all responsibilities connected to or associated with the signature as they may relate to my contracting business. I Zi I `w , Contractor, relieve the Town of Highland Beach of, and agree to hold the Town of Hight d Ifeact k3uilding Department harmless from, any and all responsibility, claims or other actions arising from or related to the Department's acceptance of the above agent's signature for permit -related activities. I further understand that it is my sole responsibility to grant and terminate any such authorization and to en re that the Departivaent receives timely notice of any such rant or termination. 4440 D_ st, Si ature of C111trasItor :Sign gent State Certification or Registration Number County Certification Number (if applicable) ***PLEASE NOTE: BOTH SIGNATURES MUST BE NOTARIZED*** Notary for Contractor's Signature: State of r/ald County of G -V a' The f egoing was ac wledgel before me this day of lz4j�t�14 Y who is personally known 0 me, or who produced as identification. 4Nt Puj 61 blic a u Signre lI Print, Type, or Stamp Na e of N tary ;,;' 's�•.. LACHAKA K PETTY ?,• -a ': %otary Public - State of Florida Commission = GG 1114310 My Comm, Expires Feb i. 2022 Bonded through `ational %otary Assn. Notary for Agent's Signature: State of 0Vl wil- County of A4 The for oing was ackno ged before me this day of 2® W , by who is personally known to me, or who produced as identification. kot 1*0 Signatur//e G� Print, Type, or Stamp Name o Notary + i LACHAKA K PETTY \otary Public - State of Florida #{ Commission I GG 194310 My Comm. Expires Feb 9, 2022 ante through \ational Notary Assn, The Building Department, at its discretion, may require a contractor or license -holder to personally apply for or obtain a building permit notwithstanding any authorization allowing another person to apply for or obtain any permit on behalf of a contractor, qualifier, or license- holder.- �.`} -w �; • ,v`_1_._ ;� i_'.-mil f----�i ♦ rm it � t �i Q ` 2 %� IN Lu Ivuuuuoof OR BK 30430 PG 977 RECORDED 02/21/2019 12.48.48 Palm Beach County, Florida AMT 1,240,000.00 DEED DOC 8,680.00 Sharon R. Bock CLERK & COMPTROLLER Pgs 0977-0980" (4Pgs) HIGHLAND 6.''`ACt-i 4Th tu ent Prepared by and Rern to: Ibert Klein, Esq Patch Title Company, Inc. 6100 Glad 2, Ste 204, DEVELOPMENT ORDER # Boca Rat 33434 Our File Nb 21 0040 Property Ap Parcel Identification (Folio) Number: 24-4347-04-34-000-0012 Space above this line for Recording Data TEA NT Y DEED THIS WARRANTY DrRED, made the 21" day of February, 2019 by Jeffry S. Zadoff, a married man, joined by his wife Eli D. Zadoff, whose post office address is c/o Shutts & Bowen, LLP, 200 South Biscayne Boulev quite 4100, Miami, Florida 33131, herein called the Grantor, to Kimberly A. Happ, as v 0 f the Kimberly A. Happ Revocable Trust under agreement dated November 9, 2018, with ful and authority either to protect, conserve and to sell, or to lease, or to encumber or otherwise nage and dispose of the real property described below pursuant to Florida Statute 689.073, who t office address is 3045 Koepke Road, Northbrook, Illinois 60062, hereinafter called the Grantee: (Wherever used herein the terms "Granto and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and �ccessors and assigns of corporations) W I T N E S S E T H: That the Grantor, for n consideration of the sum of TEN AND 00/ 100S (S 10.00) Dollars and other valuable considerations, receipt w is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto tee all that certain land situate in Palm Beach County, State of Florida, viz.: Unit No. A-2 of Yachtsman's Cove Townhouse Condominium, a Condominium, according to the Declaration of Condominium recorded in O.R. Book 3925, Page 443, and all exhibits and amendments thereof, of the Public Records of Palm Beach County, Florida, together with an undivided interest in the common elements as set forth in the Declaration of Condominium. SUBJECT TO restrictions, reservations, covenants and easements of record without reimposing the same; taxes for the year 2019 and years subsequent thereto; and all applicable zoning ordinances; and the Declaration of Condominium described above, including any amendments or attachments thereto which the Grantee herein agrees to observe and perform and including but not limited to the payment of assessments for the operation of said condominium. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2018. File No.: 2190040 Lrf %irlN zu IvuuuuoJ/ BOOK 30430 PAGE 978 2OF4 bt"a nFy Deed 0 1N i SS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. �0r" Signed, w and delivered in the presence of. W itnW # l_ fifi VLex.� I%cr�scD Witness # 11 p4wed c Witness #2 Signature p Witness #2 Printed Name State of Florida County of Palm Beach C '['lie foregoing instrument was acknowledge me this OM ay of Febmary, 2019, by Jeffry S. Zadoff, who is personally known to me or has prod4%— UjJ (A,CU*-- as identification. ,, I takY PUB P JOY M. VARISCO SAL, ��r°. «`'�°: Notary Public - State of Florida ' / ' Commission # FF 2362B5 My Comm. Expires Jun 1, 2019 Bonded through National Notary Assn. N ota n M- Printed Nota Nanic My Commission Expires: File No.: 2190040 LTF %.riv zv ivvvvvovt BOOK 30430 PAGE 979 3OF4 I- t-, 0 o Wary anty Page 3 Ile7 Signed, sealed and d64ed in the presence of: i% Witness 41 Signature " kr'i Witness WPri ed N me Wi Wihiie'ss 112 Printed Name State of Florida County of Palm Beach qn�bThe fo act owledged before me this V day of February, 2019, by Elizabeth D. Zadoff, wh is personally known to e has produced as identi t SEAL ve his') 2�oiq My Commission Expires: W:JUDRCOWLES OMMISSII 1t FF 238915 IRES: June 18,2019 Thor NOW" Pubk undenw" N! .:Jubl c Printed Notary Name Filc No.: 2190040 UP liriN LV I vuuuuout BOOK 30430 PAGE 980 4OF4 Yachtsman's Cove Townhouse 0 Condominium Association, Inc. �o I, Larry He itz, President of Yachtsman's Cove hereby approved Mr. & Mrs. Steve Happ to reside at el Air Drive 14 + � � t qAJ 6 A-- I d, 7_ J r �l ?r t- ` Li r �� z� b t? (' 00 O° Oo 00 l Larry Herskovitz SUBSCRIBED AND SWORN TO BEFORE ME THIS 15th DAY OF Februaq, 2019 1�ota'ry OFFICIAL SEAL STACY A SEILER NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:12110121 GENERAL LEGEND: AF - ALUMINUM FENCE 8CR - BROWARD COUNTY RECORDS 0M = BENCHMARK CB = CATCH BASIN CIL - CENTERLINE CLF = CHAINLINK FENCE CLP = CONCRETE LIGHT POLE CGS - CONCRETE BLOCK STRUCTURE COLIC = CONCR M C!S = CONCRETE SLAB DE - DRAINAGE EASEMENT FI 0 = DELTA (CENTRAL ANGLE) a.l E - EAST EL.E - ELEVATION X tl,W = EXISTING ELEVATION EOP = EDGE OF PAVEMENT EOW = EDGE OF WATER FF = FINISHED FLOOR FH = FIRE HYDRANT y FN = FOUND NAIL INV = INVERT I� FIP = FOUND IRON PIPE FIR = FOUND IRON ROD at; FND = FOUND NAIL AND DISC �' b L = ARC LENGTH MDCR = MIAMI DADE COUNTY RECORDS N = NORTH N/D - NAIL AND DISC U MF = METAL FENCE ORB - OFFICIAL RECORDS BOOK Ot5 = OFFSET -- PB = PLAT BOOK PBCR = PALM BEACH RECORDS PC = POINT OF CURVATURE PG -PAGE 0.1' PL = PROPERTY LINE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT J PVCF = PLASTIC FENCE I R - RADIUS R/W = RIGHT OF WAY S = SOUTH SJW - SIDEWALK SIW.E = SIDEWALK EASEMENT SIR = SET 112' IRON ROD L SND z SET NAIL & DISC UE z UTILITY EASEMENT UP = UTILITY POLE W = WEST WIF = WOOD FENCE WIM = WATER METER Boundary Survey PROPERTY ADDRESS: 1008 BEL AIR DRIVE HIGHLAND BEACH, FL. 33487 248.90' INTERCOASTAL WATERWAY NOTE: 1 ) WOOD DOCK IN INTRACOASTAL WATER R/W REVISIONS: DATE: SCALE: 1" = 309 FIELD LOCATION OF IMPROVEMENTS 6/3012018 CADD: U CHECKED BY: JSP ( I INVOIICE M 16. 476461 SHEET * 1 OF 1 Fn)l��[��11,�'I� MA[i 4 6 2020 HIGHLAND BEACH BiJI(_DINGmDEr'ARTMIEIP-J t CA UP FIP IrX NO I.D. irw D,(0y' LEGAL DESCRIPTION: LOTS 1, 2 AND 3 OF "HIGHLAND BEACH ISLES - ACCORDING TO THE PLAT THERE S RECORDED IN PLAT BOOK 25, PAGE I BLIC RECORDS OF PALM SEA , FLORIDA. C TIFIGATIONS: MICHAEL KRAFT ENTERPRISES, INC a o .0 OW3 SURVEYORS NOTES; (1). ANGLES IF SHOWN ARE REFERENCED TO THE RECORD PLAT AND ARE AS MEASURED. (2). LEGAL DESCRIPTION PROVIDED BY CLIENT UNLESS OTHERWISE NOTED. (3). NO UNDERGROUND IMPROVEMENTS LOCATED EXCEPT AS SHOWN. (4). THIS SURVEY WAS PREPARED WITHOUT THE BEINEFIT OF A TITLE COMMITMENT THEREFOR THE ONLY SURVEY MATTERS SHOWN ARE PER THE RECORD PLAT. THERE MAY BE ADDITIONAL MATTERS OF RECORD, NOT SHOWN WHICH CAN BE FOUND IN THE PUBLIC RECORDS OF THE CORRESPONDING COUNTY OF RECORD. (5). THIS SURVEY IS FOR CONVEYANCE PURPOSES ONLY (6). THIS SURVEY IS NOT TO BE USED FOR CONSTRUCTION PURPOSES AND/OR NEW DESIGN. THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA ARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CJJ-17, FLORIDA ADMINISTRATIVE CODE, JULIO S. PITA. RSM.,STATE OF FLORIDA PROFESSIONAL SURVEYOR AND MAPPER LS 5789 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. AU COUNTY SURVEYORS O P RS LICENSE NO. N77 ._._ ICE: (954) 777.4 AX. (954) 777-270 5400 SOUTH UNIVERSITY DRIVE DWE. FLORIDA 33328 SUI I>r 21 GENERAL LEGEND: AF t ALLWNUNw FENCE BCR = BROWARD COUNTY RECORDS BM a BFNC.�I CB = CATCH BASIN CIL CENTERLINE CLF ■ CHAINLINK FENCE CLP a CONCRETE LIGHT POLE CBS a CONCRETE BLOCK STRUCTURE CONC a CONCRETE CIS a CONCRETE SLAB DE s DRAINAGE EASEMENT F D = DELTA (CENTRAL ANGLE) 0.1' E a EAST ELE ` ELEVATION X O.W a EXISTING ELEVATION EOP a EDGE OF PAVEMENT EOW = EDGE OF WATER FF a FINISHED FLOOR FH : FIRE HYDRANT y FN = FOUND NAIL INV = INVERT � FIP = FOUND IRON PIPE �u FIR = FOUND IRON ROD Q FND = FOUND NAIL AND DISC 3 L = ARC LENGTH MOCR = MIAMI DADE COUNTY RECORDS N NA) a NORTH a NW AND DISC ^ MF = METAL FENCE ORB s OFFICIAL RECORDS BOOK O/ OFFSET — Pal PLAT BOOK PSCR a PAW BEACH RECORDS PC a POINT OF CURVATURE P4 ■ PAGE 0.4. PL a PROPERTY LINE FN POB a POINT OF BEGINNING POC =POINT OF CEMENT PVCF = PLASTIC FENCE I R ■ RADIUS RAN = RIGHT OF WAY S = SOUTH SOW a SIDEWALK SlW.E = SIDEWALK EASEMENT F SIR a SET W IRON ROD SND = SET NAOL & DISd' UE a UTILITY EASEMENT UP = UTILITY POLE W a VVEST W/F = WOOD FENCE W!M a WATER METER Boundary Survey PROPERTY ADDRESS: 1005 BEL AIR DRIVE HIGHLAND BEACH, FL. 33487 FTN Existing concrete seawall, cap and pilings to remain NOTE: 1) WOOD DOCK IN INTRACOASTAL WATER R/W 2IS.W INTERCOASTAL WATERWAY Existing 221' x 3.55' (5.55' from wetface, 1224.7sf wood dock to remain NI AR 0 6 2020 E HIGHLAND BEACH s B;A :DING DEPAI�TMIENY FIP 121 NO LD. LEGAL DESCRIPTION: LOTS 1, 2 AND 3 OF -HIGHLAND BEACH ISLES" ACCORDING TO THE PLAT THEREOF, AS RECORDED MI PLAT BOOK 25� PAGE 154 OF THE PUBLIC RECORDS OF PALM BEACHD COUNTY, FLORIDA. CERTIFICATIONS: MICHAELa KRAFT ENITERPRISES, INC DEVELOPMENT JL� N#1 SURVEYORS NOTES: (1). ANGLES F SHOWN ARE REFERENCED TO THE RECORD PLAT AND ARE AS MEASURED, (2). LEGAL DESCRIPTION PROVIDED BY CLIENT UNLESS OTHERWISE NOTED. (3). NO UNDERGROUND I MIRROVEMENTS LOCATED EXCEPT AS SHOWN. (s). THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT THEREFOR THE ONLY SURVEY MATTERS SHOWN ARE PER THE RECORD PLAT. THERE MAY BE ADDITIONAL MATTERS OF RECORD, NOT SHOWN WHICH CAN 8E FOUND IN THE PUBLIC RECORDS OF THE CORRESPONDING COUNTY OF RECORD. (S). THIS SURVEY fS FOR CONVEYANCE PURPOSES ONLY (6). THIS SURVEY IS NOT TO BE USED FOR CONSTRUCTION PURPOSES AND/OR NEW DESIGN. • ° •°.- .°......- ......ter. ° Y � nG v . ""L'rvwv vr- rfv7V 1. ".0 vc I REVISIONS° DAB' SCALE: 1" 6 � FORTH BY THE FLORIDA NARD OF PROFESSIONAL SURVEYORS FIELD LOCATION OF IMPROVEMENTS 613012018 CARD: LJ AND MAPPERS IN C 17, FLORIDA ADMINISTRATIVE CODE. �� _�� CHECKED BY: JSP JULIO S. PITA. PSM.,STATE OF FLORIDA MSE NNO.INVOICE#: 1S- 47646 PROFESSIONAL SURVEYOR AND MAPPER LS 5795 VE :: (gam) 77TNOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SOH UNF m�7° SHEET � 1 OF 1 �I00 sovrH uKnrERs►n oRn� SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. rAVM. FLORIDA awe sum 21 A U') 1•+� 0 ®j�U Q �x 0� o E4E-4NW00 C, � re)0 Q E--q CnZQ� CL� CL I r O_ ® 0) CL0) w ::) T o z � z Q J °om OQ0 U U2^Q Z C0 m ¢zcL 0 CO 2 f- 2 Z CL= Q0< I 0 s Q 0 1 5uo' AS NOTED I EXISTING CONDITIONS —4 - E C POLE e S1RVC1LJRE � ANGLE) R=2.54° L=2A5' -•, a DID ' > NTY RECORDS U IX BOOT{ aME NyINiG Existing concrete seawall, cap and pilings to remain Existing 221' x 3.55' (5.55' from wetface, BEL A!R DRIVE ASPHALT ROADWAY. • SW RNv (TOTAL) IM IN NEEN •• INN f. t .. OWN ■wl IN PLAT BOCK 251 RECORDS OF PAL GERTIFIGAT1 MICHAEL K _() P IM E N T Q RD �A o� AOw�U �F=4 �� a= '- w ►� ► m o ►�a.'-� o! < �Z<m LJ � prom M ,t- i�®rnCC? 'COD `•° w w W > BRICK O IhiT'ER z a J OOm FN —" — SURVEYORS NOT aq o Q o v U.2 _W a m (1). ANGLES IF SHOW RECORD PLAT AND AR Q Z o 2 o -j g (2). LE"L DESC n� Z a = OTHERWISE NOTED. !j } ° _ _ (5). NO UNDER411ROUN New 1000011b elevator lift in Slip #7 EXCEPT AS SHOWN. (To be ermitted se aratel •not 1224.7sf) wood dock to remain :3 o 3 •• - ••��° r,.,..y.., P P Y, (y THIS SURVEY WAS 3 with 20' x 12' PWC platform part of this permit request) 9 k (240sf) in Slip #3 (Happ) OF ATITLE CGMMITME � MATTERS SHOWN ARE ; 68$_ 7>, � 20' ill '-6 20' �® 24' MAY BE ADDITIONAL M NOTE: WHICH CAN BE FOUND CORRESPONDING CO 1 WOOD DOCK IN (5). THIS SURVEY tS F SUE AS NOTED •l a4•f4 a ft� 1 0%�as a 4•a A .w 5-1R awe ft aeryy P C .`. .... ..m «.. e PROPOSED ®SE® CONDITIONS P C a U LCc MAR 0 \ Wetface HIGHLANL' � Property lin Is J I Try , r;E:;:,r,. SLIP SLIP 1 2 Existing concrete seawall, cap and pilings to remain Existing 221' x 3.55' (5.55' from wetface, 1224.7sf) wood dock to remain v� N N p v o CD O -* N �- C,J 0 rn (D rn o3 N SLIP SLIP SLIP g 4 5 New 1000011b elevator lift on (2) new 12" dia. wood pilings, with 20' x 12' PWC platform (240sf) in Slip #3 (Happ) New 1000011b elevator lift in Slip #7 Jo be permitted separately; not part of this permit request) 68'-7" 20' 111'-6"1 r 2024' awl — DEVELOPMENT ORDF—R # do'.. 000 0 tx o a i Mm0 Q E O Z Q Cl- a 1 w Mq- a AOrnarn w w > U :D o O Z General Notes: 8. Existing conditions are unknown, therefore, worst case conditions have been J ° o m (0, 1. New lift pilings to be 12" dia. CCA treated wood pilings. approximated. all existing conditions are assumed and must be confirmed by the o o C) 2. All pilings to be driven 8 into strata. If hard strata is encountered, a 2 Contractor after permitting. p g' 0 � -Q z ? M m minimum All pilings shall be driven to develop a minimum allowable bearing 9. Engineers Limitations of Responsibility: The Engineer shall not be responsible for -. a z a. o 0 Z capacity of 10 tons and shall penetrate a minimum of 8 into yielding material or the quality or composition of materials, G Y P fabrications, construction inspection, - o ,L � o .�g 2' into rock. Turbidity barriers are to surround all in water construction areas supervision, or review, special inspection, or the quality and correctness of Z a = �a0< during piling and/or panel installation activities. construction unless the appropriate submissions, reports, approvals, inspections, - 0 3. Turbidity barriers, if necessary, are to surround all in water construction areas site visit, construction review, or special inspections are performed by the Engineer or his representative as required herein, and then only such during piling and/or panel installation activities. responsibility as is associated with the specific work performed as is commonly 4. Elevations shown are based on the North American Vertical Datum of 1988. assigned a structural engineer in relation to other engineering and construction S 5. Design in accordance with 2017 6th Edition of the Florida Building Code. disciplines associated with the project. P 6. Construction methods, procedures, and sequences are the responsibility of the 10. The Engineer shall not be responsible for site and construction safety and/or the Z Contractor. The Contractor shall take the necessary means to maintain and safety of construction workers. Site and construction safety is the responsibility protect the structural integrity and serviceability of the construction at all times. of the Contractor. The Contractor shall be responsible for the safety of his 7. Any discrepancies found for any circumstance between the structural plans and employees and the safety of the employee of all subcontractors to the project. o the existing conditions found on site and/or any conditions that were omitted on > 11. Enaineer s Statement of Compliance: To the best of the Engineers knowledge, the �'�: AS NOTED the plans will be the responsibility of the Contractor to immediately bring to the structural plans and specifications presented herein comply with the applicable .M "°. attention of the Engineer of Record. minimum building codes, standards, and practices. SP �— Existing wetfac 15' 3' — 5.2" 2' 11 1, �� N M U) 0 � � J L wI X •Q z Q 12' y �_ ° 0 l> J E Proposed 100001b lift with 20' x 12' PWC platform; w j� (jj�C� /��_ l;�` ° -j o See typical manufacturer plans for details o- ��I! Q � O L d 0 : � o' MAR 31 2020 C° Existing dock `D ° HIGHLAND BEACH DQ LLJ o� to remain; I BUILDING DEPARTMENT Fi i� Elev - +4.0' N�VD [Existing grade to remain n Existing seawall, cap q LO :;� . and pilings to remain o 13' _ QOwNO } mow; Q = MHW +0.36' NAVD :: ' ,�. _ o N r�-� w I' U- ��Mm0 20 —5.2 from wetface Q O z o 20'-10.3" from Property line •° M' •'I. W O� e Q:f PqO000rn MLW -1.99' NAVD :.. I Existing berm to remain .:� w w cn > J. 0 O Q • •I• O w I' I -Om • ° •d. w (n > (n o = O Q 0 U U 2 Q Z�m a- -tj ..e . _ p 2E J Z 14 w O Q : i •• �_� _ ° � Q Z O Q 2 d :•... 5 • w .d A O New 12" dia. wood lift pilings Z Existing dock pilings to remain LIFT DETAIL (SLIP #3) 0 SCAtl: AS NOTED SCALE: 3/8" = 1'-0" JOB No: DTL-1 Ingrid Allen From: Ingrid Allen Sent: Tuesday, April 14, 2020 2:14 PM To: nutt3839@bellsouth.net Cc: Carol Holland; Lindsay Winters Subject: FW: 1004 and 1016 Bel Air Drive - Development Order #20-0003 and 20-0002 - Boatlifts David I discussed the issue of the "boat lift" definition with the Town Manager. The applicants will be required to submit for a variance for each property. The variance will be for the height difference between the maximum height of the lift and the height of the superstructure of the boat lift when lifted. Based on your latest detail sheet, it would be 2 feet, 3 inches. Please go the Town website, under the Building Department page, to see the variance application (I have provided link below). With regards to the variance application fee, the Town Manager has agreed to include the variance fee within the initial $2,500 fee that each petitioner has paid. On the variance application, you will see various variance criteria, please respond to each criteria accordingly. The Building Department has a drop box (in front of the building department) for application submittals — please also provide the completed variance application electronically and email to me. Variances are reviewed and considered by the zoning board of adjustment and appeals which would mean a separate public hearing in addition to the planning board hearing. Note that the zoning board of adjustment and appeals meets as needed and does not have designated meeting dates. I have been advised by the Town Clerk that because of the active Executive Orders in place due to COVID-19, we will not schedule any advisory board meetings until tentatively late May or as directed by the Town Manager. Please email me if you should have any questions. h_ttps://highlandbeach.us/wp-content/uploads/2020/02/BOAA-Variance-Application11.pdf Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach, FL 33487 P. (561) 637-2012 F. (561) 278-2606 www.highlandbeach.us PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding town business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Ingrid Allen Sent: Monday, March 30, 2020 5:16 PM To: david nutter <nutt3839@bellsouth.net> Subject: RE: 1004 and 1016 Bel Air Drive - Development Order #20-0003 and 20-0002 - Boatlifts David Regarding the issue of the lifts being higher than the superstructure of the boats when lifted, I will need to discuss this with the Town Manager. Given your argument is supported by the Building Official, the code still reads the way it does. will advise you accordingly. Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach, FL 33487 P. (561) 637-2012 F. (561) 278-2606 www.highlandbeach.us PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding town business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: david nutter <nutt3839@bellsouth.net> Sent: Thursday, March 26, 2020 4:06 PM To: Ingrid Allen <iallen@highlandbeach.us> Subject: Re: 1004 and 1016 Bel Air Drive - Development Order #20-0003 and 20-0002 - Boatlifts 954-868-8476 David Nutter DJN Permit Services For. nutt3839@bellsouth.net On Thursday, March 26, 2020, 03.37.41 PM EDT, Ingrid Allen <iallen Qhighlandbeach.us> wrote: InoM9 . •.I 2 Do you have a phone number that I can reach you at, I have some questions regarding your email below. Note that the Town has declared a state of emergency and some staff is working remotely. Thank you, Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach, FL 33487 P. (561) 637-2012 F. (561) 278-2606 www. h ig h la nd beach . us PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding town business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: david nutter <nutt3839(cDbellsouth.net> Sent: Tuesday, March 24, 2020 5.18 PM To: Ingrid Allen <iallen Qhighland beach. us> Subject: Re: 1004 and 1016 Bel Air Drive - Development Order ##20-0003 and 20-0002 - Boatlifts Ingrid, Attached is the amended detail cross section for Slip##3; Slip ##7 would be identical to this one. I added the heights above the decking for both the existing dock pilings and the new lift pilings. I changed the description for the existing dock to read simply as to remain, without the verbage about the actual construction. I added a simple profile of a standard jetski on to the cross section. The lift platform is shown even with the elevation of the dock and cap; this is standard for a PWC lift. Obviously, the lift extends above the top of the jetski; this is also standard for a PWC lift. It is not normal or feasible to manufacture a lift with the top lifting bars, motors, electrical boxes, etc, that low and just barely above the dock surface. If this cross section satisfies your comments, I will go ahead and have them signed by the engineer (assuming they are working right now) and copy everything to a CD or memory stick, and resubmit back to you. I don't want to waste time and money by having them signed and making the CD now, and then have to do so all over again if these do not satisfy the comments, or if there are additional comments. David Nutter DJN Permit Services For nutt3839Ca),bellsouth. net On Tuesday, March 17, 2020, 12.27:04 PM EDT, Ingrid Allen <iallen ,highland beach. us> wrote: Mr. Nutter. - Please find below staff comments on the March 6, 2020 submittal of the above -referenced Development Order Applications for Happ and Herskovitz: 1. Sheet DTL-1 indicates "construction shown may or may not reflect actual construction," please remove this language from sheet. Note that the detail sheet must reflect actual proposed construction details and dimensions. 2. Provide maximum height of pilings on sheet DTL-1 3. Pursuant to Section 30-131 of the Town Code, boat lift means the bottom of the keel of any boat shall not be hoisted greater than one foot above the minimum seawall elevation. In no case shall the lift be higher than the superstructure of the boat when lifted. Provide elevation sheet which superimposes superstructure of the boat along with corresponding measurements including bottom of the keel, one foot above the minimum seawall elevation, boat lift when hoisted, and any other measurements to show consistency with this definition. 4. Provide, as part of your resubmittal, a response document that addresses each comment noted above. 5. Provide all resubmitted items in both hardcopy form to the Building Department as well electronically to iallen highlandbeach.us 6. Additional comments may be forthcoming. Please call me at your convenience, if you should have any questions on the comments noted above. Thank you, Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach, FL 33487 P. (561) 637-2012 F. (561) 278-2606 www.highlandbeach.us PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding town business E