Loading...
2022.11.17_PB_Agenda_Regular Town of Highland Beach Notice of Public Meeting Protocol The Town of Highland Beach is committed to serving the needs of the public while also working to ensure the safety and health of the town’s staff, the community, and visitors alike. That said, as an added layer of protection for the safety of all attending meetings in the Commission Chambers, the wearing of facial coverings or masks is required. Also, until further notice, Social distancing requirements and in-person meeting capacity limits remain in place. For those interested, Zoom Video Communications and telephone participation are offered. The following information is guidance for preregistration for Zoom or telephone participation, and for viewing and providing public comments at the meeting: ZOOM PARTICIPATION: Online or Telephone Access – Access to the meeting will begin on the date and time of the meeting.  To Join Meeting: All interested persons must preregister to participate by contacting Town Clerk Lanelda Gaskins at publiccomments@highlandbeach.us or by calling (561) 278-4548 no later than one (1) business day prior to the meeting date (e.g. by 4:30 P.M. on a Monday if the meeting is scheduled for that Tuesday; and by 4:30 P.M.).  Meeting access information and instructions will be provided to those persons two hours prior to the meeting.  The video camera display feature will only be enabled for Public Hearing Quasi-Judicial matters and during public comments only. The video camera display feature will be disabled for public use. For additional information on using Zoom, please visit Zoom Support by clicking on the following link: https://support.zoom.us/hc/en-us. Viewing Only - To view the meeting, preregistration is not required. The public can view the meeting on the following:  Highland Beach TV Channel 99 online streaming on the Town’s website and via Highland Beach YouTube at https://www.youtube.com/channel/UCTAGr8WCa44Y3Q2Bb6UN2mw. PROVIDING PUBLIC COMMENT: Persons desiring to provide public comments must do so by one of the methods listed below. Public comments will be limited to five minutes (three minutes for special Commission meeting items only) per person during the designated section of the agenda. If an interested person desires to provide a written public comment, all comments must be directed to Lanelda Gaskins, Town Clerk as follows: TO SEND COMMENTS IN ADVANCE VIA EMAIL: Page 1 Agenda – Planning Board Regular Meeting Thursday, November 17, 2022, 9:30 AM Page 2 of 4  To submit public comments, click on the link https://mmportal6.teammunicode.com// to go to the Agendas and Meeting webpage. At the top of the page click on “Public Comments” to submit your comments, or  Submit your comments to publiccomments@highlandbeach.us.  The Town will receive such public comments no later than two (2) hours prior to the meeting. If timely received, Town staff will read the public comment at the meeting.  Live Zoom Video Participation - If attending via Zoom online, please follow Zoom instructions above. Once the meeting gets to the applicable public comment period, the host of the meeting will allow public participants (audio only) into the meeting from the waiting room, to provide live public comments.  Live Zoom Telephone Participation - If attending via Zoom by telephone, please follow the instructions above. Once the meeting gets to the appropriate public comment period, the host of the meeting will allow public participants into the meeting from the waiting room, to provide live public comments. Should you have any questions, please feel free to contact the Town Clerk’s Office at (561) 278-4548. Published: 05.26.2021 / Updated 04.15.2022 Page 2 Agenda – Planning Board Regular Meeting Thursday, November 17, 2022, 9:30 AM Page 3 of 4 AGENDA PLANNING BOARD REGULAR MEETING Thursday, November 17, 2022 AT 9:30 AM TOWN OF HIGHLAND BEACH, FLORIDA 3614 S. OCEAN BOULEVARD HIGHLAND BEACH, FL 33487 Telephone: (561) 278-4548 Website: www.highlandbeach.us TOWN HALL COMMISSION CHAMBERS 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF THE AGENDA 5. SWEARING IN OF THE PUBLIC 6. PUBLIC COMMENT (limited to five (5) minutes per speaker) 7. APPROVAL OF MINUTES A. October 13, 2022 8. UNFINISHED BUSINESS None. 9. NEW BUSINESS A. Development Application No. 22-0007 / Darrin Dunlea Application By Darrin Dunlea, Seadar Builders, for a site plan approval pursuant to Section 30-82 of the Town Code to install a dune walkover for a property located at 2635 South Ocean Boulevard. Page 3 Agenda – Planning Board Regular Meeting Thursday, November 17, 2022, 9:30 AM Page 4 of 4 10. ANNOUNCEMENTS December 06, 2022 -1:30 P.M. Town Commission Meeting December 07, 2022 - 6:00 P.M. Public Meeting Accessory Marine Facility Regulations December 08, 2022 - 9:30 A.M. Planning Board Regular Meeting December 13, 2022 - 1:00 P.M. Code Enforcement Board Meeting 11. ADJOURNMENT Any person that decides to appeal any decision made by the Planning Board with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record including testimony and evidence upon which the appeal is based. (State Law requires the above Notice. Any person desiring a verbatim transcript shall have the responsibility, at his/her own cost, to arrange for the transcript.) The Town neither provides nor prepares such record. There may be one or more Town Commissioners attending the meeting. In accordance with the Americans with Disabilities Act (ADA), persons who need accommodation in order to attend or participate in this meeting should contact Town Hall at (561) 278-4548 within a reasonable time prior to this meeting in order to request such assistance. Page 4 File Attachments for Item: A. October 13, 2022 Page 5 TOWN OF HIGHLAND BEACH PLANNING BOARD REGULAR MEETING MINUTES Town Hall / Commission Chambers Date: October 13, 2022 3614 South Ocean Boulevard Highland Beach, Florida 33487 Time: 9:30 AM 1. CALL TO ORDER Vice Chairperson Mendelson called the meeting to order at 9:30 A.M. 2. ROLL CALL Member Jason Chudnofsky Member Roger Brown Member David Powell Member Brian DeMoss Member Harry Adwar Vice Chairperson Ilyne Mendelson Town Attorney Lenard Rubin Town Clerk Lanelda Gaskins Administrative Support Specialist Jaclyn DeHart ABSENT Chairperson Eric Goldenberg ADDITIONAL STAFF PRESENT Town Planner Ingrid Allen 3. PLEDGE OF ALLEGIANCE The Planning Board led the Pledge of Allegiance to the United States of America. 4. APPROVAL OF THE AGENDA MOTION: DeMoss/Chudnofsky - Moved to approve the agenda as presented, which passed unanimously 6 to 0. 5. SWEARING IN OF THE PUBLIC Town Clerk Gaskins swore those in giving testimony. Page 6 Planning Board Regular Meeting Minutes Date: October 13, 2022 Page 2 of 4 6. PUBLIC COMMENT There were no public comments. 7. APPROVAL OF MINUTES A. August 11, 2022 MOTION: Adwar/Chudnofsky - Moved to approve the minutes as presented, which passed unanimously 6 - 0. 8. UNFINISHED BUSINESS None. 9. NEW BUSINESS A. Development Application No. 21-0015 / William R. Thomas Application No 21-0015 by William R. Thomas, Unlimited Permit Services Inc., for a special exception approval to install a 500-square-foot dock for the property located at 1005 Russell Drive. Vice Chairperson Mendelson read the title of Item 9.A. and asked the Board members if they had any ex parte communications to disclose . The Board members had no ex-parte communications. Vice Chairperson Mendelson opened the public hearing and called Town Planner Allen to present her recommendations regarding the application. Town Planner Allen presented a PowerPoint Presentation of the Development Order depicting aerial photographs of the property with the existing dock, the survey, and the dock details. She discussed the applicant’s request. According to the applicant’s property survey, the proposed dock will replace an existing 430.5 square foot dock. She advised that the applicant received authorization from the Florida Department of Environmental Protection (FDEP) and the US Army Corps of Engineers (ACOE) for the proposed dock; that staff is recommending approval of the installation of a 500-square-foot dock at the property located at 1005 Russell Drive; that prior to initiation of construction, the applicant will be required to obtain a building permit from the Town of Highland Beach Building Department. 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 . There were conversations between, the Board Members, Town Planner Allen , and Applicant William R. Thomas, Unlimited Permit Services Inc. about the dock. Town Clerk Gaskins swore in those giving testimony. Page 7 Planning Board Regular Meeting Minutes Date: October 13, 2022 Page 3 of 4 Jerry Wolff, President of Villa Del Alto Property Owners, provided comments about this project as it relates to raising the seawall. Town Planner Allen explained the base flood elevation related to seawalls. The public hearing was closed followed by a motion. MOTION: Mendelson/Powell - Moved to approve Development Order No. 21- 0015. Based upon roll call: Vice Chairperson Mendelson (Yes), Member Powell (Yes), Member Adwar (Yes), Member Chudnofsky (Yes), Member DeMoss (Yes), and Member Brown. The motion passed on a 6 to 0 vote. B. Development Application No. 22-0006 / David C. Joseph, Jr. Application No 22-0006 by David C. Joseph, Jr. for a special exception approval to install a 10,000-pound capacity boat lift for a property located at 1100 Highland Beach Drive Apt. A. Vice Chairperson Mendelson read the title of Item 9.B. and asked the Board members if they had any ex parte communications to disclose. The Board members had no ex-parte communications. Vice Chairperson Mendelson opened the public hearing and called Town Planner Allen to present her recommendations regarding the application. Town Planner Allen presented a PowerPoint Presentation of the Development Order depicting aerial photographs of the property, the survey, and the proposed boat lift details. She discussed the applicant’s request She advised that the applicant received authorization from the Florida Department of Environmental Protection (FDEP) and the US Army Corps of Engineers (ACOE) for the proposed boat lift; that staff is recommending approval of the installation a proposed 10,000 pound capacity boat lift at the property located at 1100 Highland Beach Drive, Apartment A; that prior to initiation of construction, the applicant will be required to obtain a building permit from the Town of Highland Beach Building Department. 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. David Joseph, the property owner provided comments about the boat lift. The public hearing was closed followed by a motion. MOTION: DeMoss/Chudnofsky - Moved to approve Development Order No. 22-0006. Based upon roll call: Member DeMoss (Yes), Member Chudnofsky (Yes), Member Adwar (Yes), Member Brown (Yes), Member Powell (Yes), and Vice Chairperson Mendelson (Yes). The motion passed on a 6 to 0 vote. Page 8 Planning Board Regular Meeting Minutes Date: October 13, 2022 Page 4 of 4 10. ANNOUNCEMENTS Vice Chairperson Mendelson read the announcements as follows: October 18, 2022 - 1:30 P.M. Town Commission Meeting October 27, 2022 - 11:30 A.M. Financial Advisory Board Regular Meeting November 10, 2022 - 9:30 A.M. Planning Board Regular Meeting 11. ADJOURNMENT The meeting adjourned at 9:57 A.M. APPROVED at the November 10, 2022, Planning Board Regular Meeting _________________________________ Ilyne Mendelson, Vice Chairperson ATTEST: Transcribed by: Lanelda Gaskins October 13, 2022 ____________________________________ _____________________________ Lanelda Gaskins, MMC Date Town Clerk Disclaimer: Effective May 19, 2020, per Resolution No. 20 -008, all meeting minutes are transcribed as a brief summary reflecting the event of this meeting. Verbatim audio/video recordings are permanent records and are available on the Town’s Media Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com/. Page 9 File Attachments for Item: A. Development Application No. 22-0007 / Darrin Dunlea Application By Darrin Dunlea, Seadar Builders, for a site plan approval pursuant to Section 30-82 of the Town Code to install a dune walkover for a property located at 2635 South Ocean Boulevard. Page 10 PLANNING BOARD STAFF REPORT MEETING OF: November 10, 2022 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY DARRIN DUNLEA, SEADAR BUILDERS, FOR A SITE PLAN APPROVAL PURSUANT TO SECTION 30-82 OF THE TOWN CODE TO INSTALL A DUNE WALKOVER FOR A PROPERTY LOCATED AT 2635 SOUTH OCEAN BOULEVARD. (DO 22-0007) Applicant (Property Owner): 2635 S Ocean Holdings, LLC 4800 N. Federal Highway, Ste. 201B Boca Raton, FL 33431 Applicant’s Agent: Darrin Dunlea Seadar Builders 3850 NW 2nd Avenue, Ste. 23 Boca Raton, Fl. 33431 Property Characteristics: Site Location: 2635 South Ocean Boulevard Highland Beach, FL 33487 Comprehensive Plan Land Use: Multi Family Medium Density Zoning District: Residential Multiple Family Medium Density (RMM) Parcel PCN#: 24-43-46-28-09-000-0204 I. GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 11 Property Background: On November 24, 2021, a Code Violation was issued to the property owner (Case No. CC2021-11- 019) for removal of dune vegetation to allow for a walkway without a permit. Request and Analysis: The Applicant is requesting an after-the-fact site plan approval to construct a dune walkover located at 2635 South Ocean Boulevard. The property currently contains a single-family residence. Pursuant to Section 30-68(i) and Section 30-82 of the Town Code of Ordinances (“Town Code”), a dune walkover requires site plan approval by the Planning Board. In addition, Section 30-68(i) and Section 6-1 of the Town Code require approval for such structure from the Department of Environmental Protection (FDEP) prior to construction. The Applicant indicates that while they did receive FDEP approval for the structure (PB-8042144), they were unaware that Planning Board approval and a Town building permit were required. The request is in compliance with the dune walkover structures regulations found in Chapter 30 of the Town Code. Pursuant to Section 30-22(c) of the Town Code, the Planning Board, when acting in a decision- making capacity, shall approve, approve with conditions or deny applications for development approval. If the request receives Planning Board approval, the applicant will be required to obtain an after-the-fact building permit from the Town of Highland Beach Building Department. Staff recommends approval of the proposed dune walkover structure, date stamped received by the Building Department on October 18, 2022, for the property located at 2635 South Ocean Boulevard. Plans meet Town of Highland Beach Zoning Code and other governmental agencies requirements (if applicable). Plans meet Town of Highland Beach Zoning requirements; however, approvals are pending before the Town of Highland Beach will issue permits, with other governmental agencies as listed: Plans do not meet Town of Highland Beach Zoning requirements. Should you have any questions, please feel free to contact me at (561) 637-2012 or iallen@highlandbeach.us II. Recommendation Page 12 Attachments: Application Aerials FDEP approval Applicant Plans Page 13 Page 14 Page 15 From:darrin seadarbuilders.com To:Ingrid Allen Subject:RE: DO 22-0007 - 2635 S. Ocean Blvd. Date:Monday, June 20, 2022 2:24:22 PM Attachments:image003.png Ingrid, Please be advised that this dune walk over has already been built, the owner thought he only needed a DEP permit which he obtained . Thanks, Darrin Dunlea 3850 NW 2nd Avenue, Suite 23 Boca Raton, FL 33431 Darrin@seadarbuilders.com C: (561)756-2568 O: (561)416-7309 From: Ingrid Allen <iallen@highlandbeach.us> Sent: Monday, May 16, 2022 3:56 PM To: darrin seadarbuilders.com <darrin@seadarbuilders.com> Subject: DO 22-0007 - 2635 S. Ocean Blvd. Darrin: Please see attached comments which I have already placed in smartgov; however, given engineering has not yet completed their review, I cannot route my comments via smartgov yet. Before you resubmit in smartgov portal, please contact me so that I can set up portal access for you. Sincerely,Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach FL 33487 (561) 278-4540 Office (option 3) (561) 278-2606 Fax www.highlandbeach.us Page 16 PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the Town of Highland Beach officials and employees regarding public business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. The views expressed in this message may not necessarily reflect those of the Town of Highland Beach. Page 17 2635 South Ocean Blvd.12/26/2021Subject sitePage 18 263 5 South Ocea n Boul eva rd Palm Be ach Cou ntyNone Octob er 26, 20 22 0 0.008 5 0.0170.004 25 m i 0 0.01 0.020.005 km 1:57 6 Crea te d b y: P alm Beach Co untyµPage 19 Page 1 of 4 DEP form 73-122 (Updated 5/05) Permit No. _______________ - __________ FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Water Resource Management Coastal Construction Control Line Program 2600 Blair Stone Road, M.S. 3522 Tallahassee, FL 32399-2400 Phone: (850) 245-8336 No. of Pages Attached: ________ FIELD PERMIT PURSUANT TO SECTION 161.053 OR 161.052, FLORIDA STATUTES FINDINGS OF FACT AND CONCLUSION OF LAW: The request for a field permit was considered by the staff designee of the Department of Environmental Protection and found to be in compliance with the requirements of Chapter 62B-33, Florida Administrative Code (F.A.C.). Approval is specifically limited to the activity in the stated location and by the project description, approved plans (if any), attached standard conditions, and any special conditions stated below pursuant to Paragraph 161.053(5), Florida Statutes (F.S.). This permit may be suspended or revoked in accordance with Section 62-4.100, F.A.C. PROJECT LOCATION: PROJECT DESCRIPTION: -8042144 PB 5 Between approximately N0132/N0200 feet of the DEP range monument R-192, in Palm Beach County 2635 S. Ocean Blvd., Highland Beach Permit authorizes the installation of the wooden steps, pavers and pathway(4' wide), and wall as shown in the attached plans. Page 20 Page 2 of 4 DEP form 73-122 (Updated 5/05) Permit No. _______________ - __________ SPECIAL PERMIT CONDITIONS: The permit is valid only after all applicable federal, state, and local permits are obtained and does not authorize contravention of local setback requirements or zoning or building codes. This permit and public notice shall be posted on the site immediately upon issuance and shall remain posted along with local approval until the completion of any activity authorized by this permit. Other special conditions of this permit include: STANDARD PERMIT CONDITIONS: The permittee shall comply with the attached standard field permit conditions. APPLICANT INFORMATION: I hereby certify that I am either: (1a) the owner of the subject property or (1b) I have the owner’s consent to secure this permit on the owner’s behalf; and that (2) I shall obtain any applicable licenses or permits which may be required by federal, state, county, or municipal law prior to commencement of the authorized work; (3) I acknowledge that the authorized work is what I requested; and (4) I accept responsibility for compliance with all permit conditions. Applicant’s Signature_Date______________________ Telephone No. (____)________________ ____________________________________ Applicant’s Printed Name_______________________________ Address_________________________________________________________ If applicant is an agent: ________________________________________/________________________________________ /(_____)__________________ Printed name of property owner Property owner’s address Property owner’s telephone no. DEPARTMENT FINAL ACTION AND FILING AND ACKNOWLEDGMENT: This field permit is approved on behalf of the Department of Environmental Protection by the undersigned staff designee, and filed on this date, pursuant to section 120.52, F.S., with the undersigned designated Deputy Clerk, receipt of which is hereby acknowledged. _______________________________________/____________________________________________/______________________ Staff Designee/Deputy Clerk Printed Name of Designee/Deputy Clerk Date EXPIRATION DATE: _______________ (Emergency permits issued pursuant to Section 62B-33.014, F.A.C., are valid for no more than ninety days and other field permits are valid for no more than 12 months. The staff designee may specify a shorter time limit.) EMERGENCY PERMIT: NO YES NO Approved plans are attached: YES 1. Standard field permit conditions prevail. 2. No additions or modification w/o prior DEP approval. 3. No lighting is authorized under this permit. 4. No work is authorized in sea turtle habitat (3/1-10/31). David Kieckbusch 4 4 See above 1/21/2022 5/21/2022 -8042144 PB Page 21 Page 3 of 4 DEP form 73-122 (Updated 5/05) Permit No. _______________ - __________ POST PERMIT AND PUBLIC NOTICE CONSPICUOUSLY ON THE SITE PUBLIC NOTICE The foregoing constitutes final agency action. Any person whose substantial interests are affected by any decision made by the Department on the Field Permit has a right to request an administrative hearing in accordance with the provisions of Sections 120.569 and 120.57, F.S. The request for an administrative hearing must comply with the provisions of Rule 28-106.201, F.A.C., and must be received by the Department (at the address given below) within twenty-one (21) days from the date of this notice. When the Department receives an adequate and timely filed request for hearing, the Department will request the assignment of an administrative law judge. Once the administrative law judge is requested, the Division of Administrative Hearings will have jurisdiction over the formal proceeding and the Department (as the referring agency) will take no further action with respect to the proceeding except as a party litigant. Section 120.54(5)(b)4, F.S., and Rule 28-106.201(2), F.A.C., explain that the following items must be included in a petition for a formal administrative hearing (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 proceedings; 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 issues of material fact disputed by the petitioner, or a statement that there are no disputed facts; (e) A concise statement of the ultimate facts alleged, including a statement of the specific facts that the petitioner contends warrant reversal or modification of the Department’s action; (f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the Department’s 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 wants the Department to take with respect to its action. A person may request an extension of time to petition for an administrative hearing. The person filing the request for extension must do so within the time limits for filing a petition described above. The request must state why an extension of time is needed. The Department will grant an extension only when good cause is shown. If a petition or a request for time extension is filed, further order of the Department becomes necessary to effectuate this Field Permit. Accordingly, the Department’s final action may be different from the position taken in this notice. Actions undertaken by any person under this permit, pending the lapse of time allowed for the filing of such a request for hearing, may be subject to modification, removal, or restoration. Failure to petition within the allowed time frame constitutes waiver of any right that a person has to request a hearing under Section 120.57, F.S., and to participate as a party to the proceeding. If a legally sufficient petition for hearing is not timely received, this notice constitutes final agency action. When this order becomes final and is filed with the Department Clerk, any party to the order has the right to seek judicial review under Section 120.57, F.S., and Rule 9.030(b)1(c) and 9.110, Florida Rules of Appellate Procedure. A notice of appeal must be filed within thirty (30) days with both the Department Clerk (see address below) and with the appropriate district court of appeal. The notice filed with the district court must be accompanied by the filing fee specified in Section 35.33(3), F.S. Any subsequent intervention will be only by the approval of the presiding officer on motion filed under Rules 28-5.207 or 60Q-2.010, F.A.C. All requests for hearings are to be filed with the Department at the following address: Florida Department of Environmental Protection Office of General Counsel Department Clerk 3900 Commonwealth Boulevard Mail Station 35 Tallahassee, Florida 32399-3000 -8042144 PB Page 22 Page 4 of 4 DEP form 73-122 (Updated 5/05) Permit No. _______________ - __________ STANDARD FIELD PERMIT CONDITIONS The following conditions shall apply to FIELD PERMITS (unless waived by DEP or modified by special permit condition). In the event of a conflict between a field permit condition and a special permit condition, the special condition shall prevail. 1) The permittee shall carry out the construction or activity for which the permit was granted in accordance with the plans and specifications that were approved by DEP as part of the permit. Any deviation there from shall be grounds for suspension of the work and revocation of the permit pursuant to Section 120.60(7), F.S., and may result in assessment of civil fines or issuance of an order to alter or remove the unauthorized structure, or both. No other construction or activities shall be conducted. No modifications to project size, location, or structural design are authorized. A copy of the permit shall be conspicuously displayed at the project site. 2) The permittee shall conduct the construction or activity authorized under the permit using extreme care to prevent any adverse impacts to the beach and dune system, marine turtles and their nests and habitats, or adjacent property and structures. 3) The permittee shall allow any duly authorized member of the staff to enter upon the premises associated with the project authorized by the permit for the purpose of ascertaining compliance with the terms of the permit and with the rules of DEP, until all construction or activities authorized or required in the permit have been completed and the project accepted by DEP. 4) The permittee shall hold and save the State of Florida, DEP, its officers and employees, harmless from any damage (no matter how occasioned and no matter what the amount) to persons or property that might result from the construction or activity authorized under the permit and from any and all claims and judgments resulting from such damage. 5) The permittee shall allow DEP to use all submitted records, notes, monitoring data, and other information relating to construction or any activity under the permit for any purpose it may deem necessary or convenient, except where such use is otherwise specifically forbidden by law. 6) Construction traffic shall not operate and building materials shall not be stored on vegetated areas seaward of the control line, unless specifically authorized by the permit. If (in the opinion of DEP staff) this requirement is not being met, positive control measures shall be provided by the permittee at the direction of DEP staff. Such measures may include temporary fencing, designated access roads, adjustment of construction sequence, or other requirements. 7) The permittee shall not disturb existing beach and dune topography and vegetation except as expressly authorized in the permit. Before the project is considered complete, any disturbed topography or vegetation shall be restored (as prescribed in the permit) with suitable fill material or revegetated with appropriate beach and dune vegetation. 8) The fill material shall be obtained from a source landward of the control line and shall consist of sand which is similar to that already on the site in both grain size and coloration. This fill material shall be free of construction debris, rocks, or other foreign matter. A sample of the sand shall be provided to the staff representative of the Bureau of Beaches and Coastal Systems during the preconstruction conference. 9) If surplus sand fill results from any approved excavation seaward of the CCCL, such material shall be distributed seaward of the CCCL on the site, as directed by DEP staff (unless otherwise specifically authorized by the permit). 10) Any native salt-resistant vegetation destroyed during construction shall be replaced with plants of the same species or, by authorization of DEP, with other native salt-resistant vegetation suitable for beach and dune stabilization. Unless otherwise specifically authorized by the staff, all plants installed in beach and coastal areas (whether to replace vegetation displaced, damaged, or destroyed during construction or otherwise) shall be of species indigenous to Florida beaches and dunes (i.e., sea oats, sea grape, saw palmetto, panic grass, salt meadow hay cord grass, seashore salt grass, and railroad vine). 11) All topographic restoration and revegetation work is subject to approval and acceptance by DEP staff. 12) If not specifically authorized elsewhere in this permit, no operation, transportation, or storage of equipment or materials is authorized seaward of the dune crest or rigid coastal structure during the marine turtle-nesting season. The marine turtle-nesting season is May 1 through October 31 in all counties (except Brevard, Indian River, St. Lucie, Martin, Palm Beach and Broward counties where marine turtle nesting occurs during the period of March 1 through October 31). 13) If not specifically authorized elsewhere in this permit, no temporary lighting of the construction area is authorized at any time during the marine turtle-nesting season and no additional permanent exterior lighting is authorized. 14) This permit has been issued to a specified property owner and is not valid for any other person. -8042144 PB Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 PUBLIC NOTICE APPLICATION NO. 22-0007 500 Ft Public Notification Boundary October 11, 2022 Dear Property Owner: This is to notify you that the PLANNING BOARD of the Town of Highland Beach will conduct a public hearing on Thursday, November 10, 2022, at 9:30 AM in the Commission Chambers at Town Hall, 3614 South Ocean Boulevard, Highland Beach, Florida to consider the following application. APPLICATION BY DARRIN DUNLEA, SEADAR BUILDERS, FOR A SITE PLAN APPROVAL PURSUANT TO SECTION 30-82 OF THE TOWN CODE TO INSTALL A DUNE WALKOVER FOR A PROPERTY LOCATED AT 2635 SOUTH OCEAN BOULEVARD. The application is available for inspection in the Town Clerk’s Office at Town Hall, Monday through Friday during normal business hours of 8:30 a.m. to 4:30 p.m. Public participation will be in the form of in-person, Zoom, or telephone calls. Persons desiring to participate in the meeting must preregister by contacting the Town Clerk’s Office at the email address publiccomments@highlandbeach.us or by submitting a public comment to the Town of Highland Beach’s Agendas and Meetings webpage https://mmportal6.teammunicode.com//. At the top of the webpage, click on “Public Comments” complete the electronic form and click submit. The submitted comment will be read into the record during the corresponding portion of the meeting. All requests will be accepted up until 9:30 A.M. on Wednesday, November 09, 2022. Any person that decides to appeal any decision made by the Town Commission with respect to any matter considered at this 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. 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 attend or participate in this 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, pleas e contact the Florida Relay Service at 1-800-955-8770 or 1-800-955-8771. For additional information, please contact the Town Planner at (561) 278-4540. TOWN OF HIGHLAND BEACH, BUILDING DEPARTMENT Page 31 Page 32 Sold To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Bill To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami-Dade County, Florida State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, 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 , Was published in said newspaper by print in the issues of, or by publication on the newspaper¶s website, if authorized on Oct 31, 2022 Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Signature of Affiant Sworn to and subscribed before me this: November 01, 2022. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: E-Mail Affidavit Email Address: gthompson@highlandbeach.us 7310601 SUN-SENTINEL Page 33 Order # - 7310601 SUN-SENTINEL Page 34 SUN-SENTINEL Page 35