2023.05.11_PB_Agenda_RegularAGENDA
PLANNING BOARD REGULAR MEETING
Thursday, May 11, 2023 AT 9:30 AM
TOWN OF HIGHLAND BEACH, FLORIDA
3618 S. OCEAN BOULEVARD
HIGHLAND BEACH, FL 33487
Telephone: (561) 278-4548
Website: www.highlandbeach.us
LIBRARY COMMUNITY ROOM
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. March 09, 2023
April 11, 2023
8. UNFINISHED BUSINESS
A. A. Development Application No. 21-0010 / Bel Lido Villas Property Owners
Association, Inc.
Application by Richard N. Mendelson for a special exception approval to install
a 400 square foot dock for the property located at 1124 Highland Beach Drive.
B. Ongoing discussion of proposed changes (“amendment concepts”) to the
Accessory Marine Facility (AMF) and seawall regulations of the Town Code.
9. NEW BUSINESS
A. None.
Page 1
Agenda – Planning Board Regular Meeting
Thursday, May 11, 2023, 9:30 AM Page 2 of 2
10. ANNOUNCEMENTS
May 16, 2023 1:30 P.M. Town Commission Meeting
May 23, 2023 1:30 P.M. Town Commission Special Meeting
June 06, 2023 1:30 P.M. Town Commission Meeting
June 08, 2023 9:30 A.M. Planning Board Regular Meeting
June 13, 2023 1:00 P.M. Code Enforcement Regular Meeting
11. ADJOURNMENT
Any person that decides to appeal any decision made by the Board of Adjustment & Appeals 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 2
File Attachments for Item:
A. March 09, 2023
April 11, 2023
Page 3
TOWN OF HIGHLAND BEACH
PLANNING BOARD REGULAR MEETING
MINUTES
Town Hall / Commission Chambers Date: March 09, 2023
3614 South Ocean Boulevard
Highland Beach, Florida 33487
Time: 9:30 AM
1. CALL TO ORDER
Chairperson Goldenberg called the meeting to order at 9:30 A.M.
2. ROLL CALL
Member Jason Chudnofsky
Member Roger Brown
Member Brian DeMoss
Chairperson Eric Goldenberg
Town Attorney Leonard Rubin
Town Clerk Lanelda Gaskins
ADDITIONAL STAFF PRESENT
Town Planner Ingrid Allen
ABSENT
Vice Chairperson Mendelson
Member David Powell
Member Harry Adwar
3. PLEDGE OF ALLEGIANCE
The Board Members led the Pledge of Allegiance to the United States of America.
4. APPROVAL OF THE AGENDA
Chairperson Goldenberg moved Item 9.C., Development Application No. 22-0010 to
Item 9.B. and Item 9.B. to Item 9.C. under New Business.
MOTION: Chudnofsky/DeMoss - Moved to approve the agenda as presented,
which passed unanimously 4 to 0.
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Planning Board Regular Meeting Minutes
Date: March 09, 2023 Page 2 of 5
5. SWEARING IN OF THE PUBLIC
Town Clerk Lanelda Gaskins swore in those giving testimony.
6. PUBLIC COMMENT
There were no public comments.
7. APPROVAL OF MINUTES
A. February 09, 2023
MOTION: Chudnofsky/DeMoss - Moved to approve the minutes as presented,
which passed unanimously 4 to 0.
8. UNFINISHED BUSINESS
A. None.
9. NEW BUSINESS
A. Nomination of Chairperson and Vice Chairperson for a one-year term.
Chairperson Goldenberg read the title of Item 9.A. into the record. He called for
nomination of Chairperson and Vice Chairperson to serve for a one-year term.
MOTION: DeMoss/Chudnofsky - Moved to nominate Member Eric Goldenberg
as the Chairperson for a one-year term.
MOTION: Goldenberg/DeMoss – Moved to nominate Member Ilene Mendelson
as the Vice Chairperson for a one-year term.
The motions passed unanimously 4 to 0.
B. Development Application No. 22-0010 / Leonard Zelin (formally Item 9.C.)
Application By Akbar Mondal Nunez, Boat Lifts & Docks of South Florida,
for a special exception approval to install a 13,000-pound capacity boat lift
for the property located at 4216 Intracoastal Drive.
Chairperson Goldenberg read the title of Item 9.B. and asked the Board members
if they had any ex parte communications to disclose. The members had no ex
parte.
Chairperson Goldenberg 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, survey,
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Planning Board Regular Meeting Minutes
Date: March 09, 2023 Page 3 of 5
and dock details. 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. Staff is recommending approval to
install a 13,000-pound capacity boat lift for a property located at 4216 Intracoastal
Drive. 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, the commencement of construction shall be initiated within two (2) years
following the date of approval by the Planning Board.
The Town provided two interpreters to meet the ADA Compliance. Mary Louise
Johnson and Laurel Casey with Nationwide Interpreter Resource, Inc. were
present and provided the services.
Akbar Mondal, contractor for the applicant commented on Development
Application No. 22-0010.
Chairperson Goldenberg closed the public hearing followed by a motion.
MOTION: DeMoss/Chudnofsky - Moved to approve Development Order No.
22-0010 as presented, which passed 4 to 0.
C. Proposed amendment to the Town Code of Ordinances to incorporate sea
turtle protection lighting standards. (formally Item 9.B.)
Chairperson Goldenberg read the title of the item.
Town Planner Allen presented this the proposed amendment to the Town Code
of Ordinance to incorporate sea turtle protection lighting standards. The
proposed ordinance is amending Section 4-8 "Lighting Restrictions for Protection
of Sea Turtles" and Section 30-85 “Coastal Lighting" of the Town Code of
Ordinances to incorporate lighting regulations for new and existing coastal
structures in order to minimize the effect of artificial light on sea turtle populations;
providing for the repeal of all ordinances in conflict; providing for severability and
codification; and providing an effective date. She reviewed the existing town code
sections that address turtle lighting (Section 4-8 and Section 30-85). She
explained that the proposed ordinance is based on the State of Florida Lighting
Ordinance. She reviewed data for sea turtle nesting. Ms. Allen provided a
PowerPoint presentation depicting a diagram of Frontal and Back dune Zones.
She spoke about what happens when people use white lights vs amber lighting
(long wavelength lighting). Town Planner Allen showed examples of shielded, full
cutoff, and unshielded lights. She reviewed the comments that were given by
Florida Fish and Wildlife and Gumbo Limbo in regard to the proposed ordinance.
Joann Ryan, the Turtle Permit Holder, was present. There were discussions
about lighting on the beach and the effects of the white lighting spooking sea
turtles. Chairperson Chudnofsky asked Ms. Ryan for her recommendations .
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Planning Board Regular Meeting Minutes
Date: March 09, 2023 Page 4 of 5
Ms. Ryan spoke the about the following: 1) effects of the white lighting on nesting
and hatchlings; 2) the Delray Sands and the condominiums along the west side
of the beach, east side (beachfront) have white lighting; 3) shadow/amber lighting
is best for sea turtles; 4) turtle nesting season starts March 1 through October 31.
She mentioned the leatherback nests are being documented until the beginning
of June. Mid-April (or earlier) to the end of April the Loggerheads start coming in
until around August. The Green Turtles begin nesting through September.
Town Planner Allen suggested that the information provided is based on the
state. There was discussion on changing wording in the ordinance in section J,
costs associated, which building the proposed ordinance applies to, and
enforcement.
Chairperson Goldenberg asked Building Official Remas what could be done to
help. Building Official Remas explained that the ordinance is antiquated and
inadequate. The town is reactive when receiving complaints from the permit
holder because it is only a recommendation right now.
There was discussion about requiring existing structures to comply with the
proposed ordinance. Palm Beach County is using a recommended corrective
action for existing structures not “shall” comply. The Board agreed that the
proposed ordinance should include the word “shall” in it for existing buildings.
MOTION: Goldenberg/Chudnofsky - Moved to approve the Proposed
Ordinance as presented. The motion passed unanimously 4 to 0.
D. Discussion of proposed changes (“amendment concepts”) to the
Accessory Marine Facility and seawall regulations of the Town Code
Town Planner Allen presented this item along with a PowerPoint presentation
depicting slides on the proposed amendment concept versus "no action" option,
boat lift examples related to heights (feet).
There were extensive conversations about the base flood elevations, boat lift
heights, regulations regarding floating docks (Section 38-68), the difference
between a floating dock platform and floating dock.
Carl Johanson spoke about this matter. He mentioned that there are 14 single
family homeowners who are opposed to changing the 25-foot setback along the
intracoastal.
The below items are for further discussion by the Board at their April meeting.
Maximum height of 7 or it is not high enough but should be a limit (more
discussion).
Ladder on seawalls and safety ladders.
Ten-foot setback - concerns with regards to the canals.
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Planning Board Regular Meeting Minutes
Date: March 09, 2023 Page 5 of 5
Possible setback for mooring of boats.
Town Planner Allen explained to the Board Members that the zoning issue was
postponed by the Town Commission and will be presented at the April meeting.
10. ANNOUNCEMENTS
Chairperson Goldenberg read the announcements as follows.
March 13, 2023 6:00 P.M. FDOT Public Meeting
March 14, 2023 7:00 A.M. – 7:00 P.M Highland Beach General Election
March 15, 2023 1:00 P.M. Code Enforcement Board Regular
Meeting
March 21, 2023 1:30 P.M. Town Commission Special Meeting
April 4, 2023 1:30 P.M. Town Commission Meeting
April 11, 2023 1:00 P.M. Code Enforcement Board Regular
Meeting
April 13, 2023 9:30 A.M. Planning Board Regular Meeting
11. ADJOURNMENT
The meeting was adjourned at 11:11 a.m.
APPROVED on May 11, 2023, Planning Board Regular Meeting.
_________________________________
Eric Goldenberg, Chairperson
ATTEST:
Transcribed by: Lanelda Gaskins
05/11/2023
____________________________________ _____________________________
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 events of this meeting. Verbatim audio/video
recordings are permanent records and are available on the Town’s Media Archive s &
Minutes webpage: https://highlandbeach-fl.municodemeetings.com/.
Page 8
TOWN OF HIGHLAND BEACH
PLANNING BOARD REGULAR MEETING
MINUTES
Town Hall / Commission Chambers Date: April 13, 2023
3614 South Ocean Boulevard
Highland Beach, Florida 33487
Time: 9:30 AM
1. CALL TO ORDER
Chairperson Goldenberg called the meeting to order at 9:30 A.M. Town Clerk
Gaskins announced that a quorum was present.
2. ROLL CALL
Board Member David Powell
Board Member Jason Chudnofsky
Board Vice Chairperson Ilyne Mendelson
Chairperson Eric Goldenberg
Town Attorney Leonard Rubin
Town Clerk Lanelda Gaskins
ABSENT
Board Member Brian DeMoss
Board Member Roger Brown
Board Member Harry Adwar
ADDITIONAL STAFF PRESENT
Town Planner Allen
3. PLEDGE OF ALLEGIANCE
The Board Members led the Pledge of Allegiance to the United States of America.
4. APPROVAL OF THE AGENDA
The agenda was amended as follows: Item 8.A, under Unfinished Business was
moved to Item 9.A., and Item 9.A. under New Business was moved to Item 8.A.
MOTION: Powell/Chudnofsky - Moved to approve the agenda as presented,
which passed unanimously 4 to 0.
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Planning Board Regular Meeting Minutes
Date: April 13, 2023 Page 2 of 5
5. SWEARING IN OF THE PUBLIC
Town Clerk Lanelda Gaskins swore in those giving testimony.
6. PUBLIC COMMENT
Ms. Maggie Chappelear provided comments in support of Development Order
Application No. 22-00019/James Paris and Karen Mueller-Paris.
7. APPROVAL OF MINUTES
A. March 09, 2023
Vice Chairperson Mendelson inquired about Item 9.C., Proposed amendment to
the Town Code of Ordinances to incorporate sea turtle protection lighting
standards and suggested that the minutes include more summary about the
proposed ordinance.
Town Clerk Gaskins mentioned that the minutes will be amended to include an
additional summary about the proposed ordinance and will bring the minutes
back at the next meeting.
Chairperson Goldenberg TABLED the minutes until the next meeting.
8. UNFINISHED BUSINESS
A. Discussion of proposed changes (“amendment concepts”) to the
Accessory Marine Facility (AMF) and Seawall Regulations of the Town
Code.
Chairperson Goldenberg read the title of the item and referred the item to Town
Planner Allen.
Town Planner Allen presented a PowerPoint Presentation of the Proposed
changes ('amendment concepts") to the Accessory Marine Facility (AMF) and
Seawall Regulations of the Town Code.
There was discussion about the proposed amendment concepts related to the
setbacks, the ladder requirements, and floating docks. Vice Chairperson
Mendelson suggested that should be a concept for multi -family properties. In
addition, there were discussions about regulations related to floating docks. Town
Planner Allen indicated that there are provisions in Section 38-68 (H)(6) of the
Town Code regulating floating docks.
Town Attorney Rubin explained that there is a Florida Statute regulating floating
platforms. He will go back and look at the provisions.
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Planning Board Regular Meeting Minutes
Date: April 13, 2023 Page 3 of 5
Town Planner Allen mentioned that the exemption is for floa ting platforms.
Discussion followed about regulating setbacks on floating platform. Town
Attorney Rubin indicated that he would be prepared to speak on this matter at the
next meeting.
Vice Chairperson Mendelson explained that the three (3) amendment concepts
were shown but encroachment into the water was not discussed. She asked if
everyone was happy with the encroachment into water amendment. There was
discussion about the encroachment in regard to landward vs property line. The
Board agreed that the amendment should be easy to follow and does not require
people to come in and get special exceptions.
Town Attorney Rubin will research floating platform and bring back the
information. The Board will further discuss the maximum height or seawalls.
Town Planner Allen will bring back the slides that deal with setbacks related to
multi-family properties at the next meeting.
9. NEW BUSINESS
A. Development Application No. 22-0018 / Non Sibi LLC
Application By Darrin Dunlea, Seadar Builders, for an amendment to a
previously approved special exception request (No. 21-002) to install a 232
square foot wood dock, two (2) mooring piles, a 12,000-pound capacity jet
ski platform lift and a 30,000 pounds capacity no profile boat life for the
property located at 4206 Intracoastal Drive.
Chairperson Goldenberg read the title of the item and asked the Board members
if they had any ex parte communications to disclose. The members had no ex
parte communications.
Chairperson Goldenberg 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, survey,
and dock details. She referenced a June 10,2021 Planning Board Approval that
the applicant received for a special exception. She reviewed the structures that
were approved and installed and the items that were approved but not installed.
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 exception. Staff is recommending approval
to install a 232 square foot wood dock, two (2) mooring piles, a 12,000 -pound
capacity jet ski platform lift and a 30,000 pounds capacity no profile boat lif t for
the property located at 4206 Intracoastal Drive with the following conditions: The
no profile boat lift and jet ski platform shall only be utilized to store vessels and
not for any other purpose including but not limiting to walking, gathering and
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Planning Board Regular Meeting Minutes
Date: April 13, 2023 Page 4 of 5
sitting. No mooring of any boat or vessel is permitted along any side of either the
no profile boat lift or the jet ski platform. 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, the commencement of construction shall
be initiated within two (2) years following the date of approval by the Planning
Board.
Applicant Agent, Darren Dunlea of Seadar Builders was present.
There was discussion of the recommended conditions.
The public hearing was closed followed by a motion.
MOTION: Chudnofsky/Mendelson - Moved to approve Development
Application No. 22-0018 as presented with staff's recommendations,
which passed unanimously 4 to 0.
B. Development Application No. 22-0019 / James Paris and Karen Mueller-
Paris
Application by Chris Beale, Bealecon Construction LLC, for a major
modification to an existing building as provided by Section 30-39 of the
Town Code for the property located at 1106 Bel Air Drive.
Chairperson Goldenberg read the title of the item and asked the Board members
if they had any ex parte communications to disclose. The members had no ex
parte communications.
Chairperson Goldenberg opened the public hearing and called Town Planner
Allen to present her recommendations regarding the application.
Town Clerk Gaskins mentioned that James Paris, property owner joined the
meeting virtually and needed to be sworn in. She proceeded to swear in James
Paris.
Town Planner Allen presented a PowerPoint Presentation of the Development
Order depicting aerial photographs of the site plans, the property, and
plans/renderings of the major modifications to be made at 1106 Bel Air Drive .
Following an approval by the Planning board the applicant will be required to
obtain a building permit for exterior modifications from the Town of Highland
Beach Building Department. Pursuant to Section 30-21(g) of the Town Code, the
commencement of construction shall be initiated within two (2) years following
the date of approval by the Planning Board.
Mr. Shame Ames of Ames Architect was present along with Chris Beale of Beal
Con Construction.
The public hearing was closed followed by a motion.
Page 12
Planning Board Regular Meeting Minutes
Date: April 13, 2023 Page 5 of 5
MOTION: Chudnofsky/Powell- Moved to approve Development Application No.
22-0019, which passed unanimously 4 to 0.
10. ANNOUNCEMENTS
Chairperson Goldenberg read the announcements as follows.
April 18, 2023 1:30 P.M. Town Commission Meeting
April 26, 2023 11:30 A.M. Financial Advisory Board Regular
Meeting
May 02, 2023 1:30 P.M. Town Commission Meeting
11. ADJOURNMENT
The meeting adjourned 10:42 A.M.
APPROVED on May 11, 2023, Planning Board Regular Meeting.
_________________________________
Eric Goldenberg, Chairperson
ATTEST:
Transcribed by: Lanelda Gaskins
05/11/2023
____________________________________ _____________________________
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 13
File Attachments for Item:
A. A. Development Application No. 21-0010 / Bel Lido Villas Property Owners
Association, Inc.
Application by Richard N. Mendelson for a special exception approval to install a 400
square foot dock for the property located at 1124 Highland Beach Drive.
Page 14
PLANNING BOARD
STAFF REPORT
MEETING OF: MAY 11, 2023
TO: PLANNING BOARD
FROM: INGRID ALLEN, TOWN PLANNER
SUBJECT: APPLICATION BY RICHARD N. MENDELSON FOR A SPECIAL
EXCEPTION APPROVAL TO INSTALL A 400 SQUARE FOOT
DOCK FOR THE PROPERTY LOCATED AT 1124 HIGHLAND
BEACH DRIVE (APPLICATION NO. 21-0010)
Applicant (Property Owner): Bel Lido Villas Property Owners Association, Inc.
1124 Highland Beach Drive
Highland Beach, FL 33487
Applicant’s Agent: Richard N. Mendelson
1124 Highland Beach Drive, Unit No. 1
Highland Beach, FL 33487
Property Characteristics:
Comprehensive Plan Land Use: Multi Family Low Density
Zoning District: Residential Multiple Family Low Density (RML)
Parcel PCN#: 24-43-47-04-02-002-0084
Background:
On December 9, 2021, the Applicant’s special exception request (as noted above) was scheduled to
be reviewed and considered by the Planning Board; however, because the property owner
information provided on the Applicant’s Development Order packet was incorrect, the item was
continued. Given the amount of time that has passed for the Applicant to correct the property
ownership information, the item was readvertised and new 500-foot notifications pursuant to Section
30-46 of the Town Code were provided for the May 11, 2023 Planning Board meeting.
I. GENERAL INFORMATION:
HIGHLAND BEACH BUILDING DEPARTMENT
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ph: (561) 278-4540
Fx: (561) 265-3582
Page 15
On February 11, 2021, a Code Violation was issued to the property owner (Case No. CC2021-02-
006) for dock/piling installation without a permit.
Request and Analysis:
The Applicant is requesting a special exception approval for the installation of a 400 square foot
dock (after-the-fact) at 1124 Highland Beach Drive. Based on prior aerials of the property, a dock
was previously located at the property but was subsequently removed (see attached Aerials). An
inspection of the newly installed dock conducted by Michael Keenan of CAP Government, Inc.
indicates that the dock installation appears to match the documents (including plan set) submitted to
the Planning Board (see attached).
The Applicant has obtained both Florida Department of Environmental Protection (FDEP) and US
Army Corps of Engineers (ACOE) authorizations for the 400 square foot dock as follows:
FDEP (FILE NO.) ACOE (FILE NO.)
50-411283-001-EE SAJ-2021-03867(GP-SCW)
Section 30-67(b) of the Town Code indicates that docks in the Residential Multiple Family Low
Density (RML) zoning district require special exception approval by the Planning Board. Section
30-36(a) of the Town code states that the Planning Board may approve, approve with conditions, or
deny a request for special exception relating to accessory marine facilities. If the Applicant receives
an approval by the Planning Board, the Applicant will be required to obtain a building permit from
the Town of Highland Beach Building Department following such approval.
The Applicant’s request (date stamped received by the Building Department on October 8, 2021) is
consistent with the special exception provisions of Section 30-36 of the Town Code, were applicable,
and consistent with the Town Comprehensive Plan and Code of Ordinances.
Should you have any questions, please feel free to contact me at (561) 637-2012 or
iallen@highlandbeach.us
Attachments: Application
Aerials
CAP Government, Inc. email correspondence
FDEP approval
ACOE approval
HOA approval
Applicant Plans (11X17)
Page 16
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COPYNOT
A CER
T
I
F
IED
C
Page 19
COPYPage 20
1124 Highland Beach Drive - Aerial 201602/11/2016SUBJECT DOCKPage 21
1124 Highland Beach Drive - Aerial 201801/06/2018SUBJECT DOCKPage 22
1124 Highland Beach Drive - Aerial 202301/05/2023Page 23
From:Plan Review
To:Jeff Remas; Ingrid Allen
Subject:1124 Highland Beach Drive Dock
Date:Wednesday, October 27, 2021 2:59:50 PM
Attachments:648B163E3E5E483CB2210366C382087C[2034936].png
1124A[8036].jpg
1124b.jpg
1124c.jpg
1124d.jpg
1124f.jpg
1124e.jpg
Good morning, I visited 1124 Highland Beach Drive at 10am on 10/25/21 to determine current site
conditions. The dock installed is (approximately) 80 ft in length, depth from seawall into canal is 5 ft at widest
point, 9 wooden pilings installed. Distance from setback is approximately 15 ft from each property line. The
dimensions appear to match the documents submitted to the planning board. Please see attached photos
and contact me if you require additional information. Thank you
Respectfully,Michael Keenan
Town of Highland Beach
3616 S. Ocean Boulevard
Highland Beach, FL 33487
(561) 278-4540 Office
(561) 278-2606 Fax
www.highlandbeach.us
ATTACHMENT No. 1
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www.floridadep.gov
FLORIDA DEPARTMENT OF
Environmental Protection
Southeast District Office
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
561-681-6600
Ron DeSantis
Governor
Jeanette Nuñez
Lt. Governor
Shawn Hamilton
Secretary
November 16, 2021
Richard Mendelson
1124 Highland Beach Dr Apt 1
Highland Beach, FL 33487
Sent via e-mail: rmendelson@bellsouth.net
Re: File No.: 50-411283-001-EE
File Name: Bel Lido Prop Owners Assn Inc
Dear Mr. Mendelson:
On October 18, 2021, we received your request for verification of exemption to perform the
following activities: Replace an existing 400 sq. ft. dock in the same location and same
configuration and dimensions as the existing dock. The project is located in a residential canal
connected to the Intracoastal Waterway, Class III Waters, adjacent to 1124 Highland Beach Dr
Apt 1, Highland Beach (Section 4, Township 47 South, Range 43 East), in Palm Beach County
(Latitude N 26°24'5.34”, Longitude W -80°3'58.34”).
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 Lucy Brandenburg at the
letterhead address or at 561-681-6652, Lucy.Brandenburg@FloridaDEP.gov.
Page 32
Project No.: 50-411283-001-EE
Project Name: Bel Lido Prop Owners Assn Inc
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)(d) 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 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 the Application for Department of the Army Permit (ENG 4345) or alternative as
allowed by Corps regulations. More information on Corps permitting may be found online in the
Jacksonville District Regulatory Division Sourcebook:
(https://www.saj.usace.army.mil/Missions/Regulatory/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 Department 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 further order of the Department. Because the
Page 33
Project No.: 50-411283-001-EE
Project Name: Bel Lido Prop Owners Assn Inc
Page 3 of 5
administrative hearing 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 Agency_Clerk@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
Page 34
Project No.: 50-411283-001-EE
Project Name: Bel Lido Prop Owners Assn Inc
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_Clerk@dep.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.
Page 35
Project No.: 50-411283-001-EE
Project Name: Bel Lido Prop Owners Assn Inc
Page 5 of 5
EXECUTION AND CLERKING
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
_________________________________
Jeffrey Meyer
Environmental Administrator
Southeast District
Enclosures:
Attachment A: Specific Exemption Rule(s)
Project drawings, 4 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 Meyer, Lucy Brandenburg
USACE, nmfs.ser.statewideprogrammatic@noaa.gov
USACE, spgp@usace.army.mil
Additional mailings:
Matt Mitchell, Palm Beach County, Environmental Resources, mmitchell@pbcgov.org
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
November 16, 2021
Clerk Date
Page 36
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 ‒
(d) Replacement or repair of existing docks and piers, including mooring piles, in accordance with section
403.813(1)(d), F.S., provided the existing structure is still functional or has been rendered non -functional within the
last year by a discrete event, such as a storm, flood, accident, or fire.
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
Page 37
Southeast DistrictPermit Number 50-411283-001-EEPage 38
5'-0"2'-0"EXISTINGSEAWALLSoutheast DistrictPermit Number 50-411283-001-EEPage 39
Southeast DistrictPermit Number 50-411283-001-EEPage 40
Southeast DistrictPermit Number 50-411283-001-EEPage 41
Regulatory Division
North Branch
Mitigation Banking Team
SAJ-2021-03867 (GP-SCW)
Richard N. Mendelson
1124 Highland Beach Drive
Highland Beach, Florida 33487
Sent via email: rmendelson@bellsouth.net
Dear Mr. Mendelson:
The U.S. Army Corps of Engineers (Corps) has completed the review of your
application for a Department of the Army permit, which the Corps received on
November 22, 2021. Your application was assigned file number SAJ-2021-03867. A
review of the information and drawings provided indicates that the proposed work would
result in the removal and replacement of the existing 5-foot by 80-foot marginal dock
with nine concrete filled PVC pilings. The activities subject to this permit are authorized
pursuant to authorities under Section 10 of the Rivers and Harbors Act of 1899 (33
U.S.C. § 403). The project is located in a residential canal at 1124 Highland Beach
Drive, in Section in Section 04, Township 47 South, Range 43 East, in Highland Beach,
Palm Beach County, Florida.
This letter verifies your project, as described above and depicted on the enclosed
drawings, is authorized by Regional General Permit (RGP) SAJ-20 and any subsequent
modifications, if applicable. This RGP authorization is valid until March 27, 2023.
Please access the Corps' Jacksonville District Regulatory Division Source Book
webpage to view the special and general conditions for SAJ-20, which apply specifically
to this authorization. The Internet URL address is:
http://www.saj.usace.army.mil/Missions/Regulatory.aspx. Please be aware this Internet
address is case sensitive; and, you will need to enter it exactly as it appears above.
Once there select “Source Book”; and, then select “General Permits.” Then you will
need to select the specific SAJ permit noted above.
You must comply with ALL the RGP general and special, attached and/or
incorporated by reference, and the Project Specific Special Conditions and
General Conditions, listed below, or you may be subject to enforcement action.
General Conditions (33 CFR PART 320-330):
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, JACKSONVILLE DISTRICT
701 SAN MARCO BOULEVARD
JACKONVILLE, FLORIDA 32207-8175
March 1, 2022
Page 42
1.The time limit for completing the work authorized ends on March 27, 2023.
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 of 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 on the transfer form attached to this letter and forward a copy 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.
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.
Project Specific Special Conditions:
The following project specific special conditions are included with this verification:
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:
a.For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.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.
Page 43
The Permittee shall reference this permit number, SAJ-2021-03867 (RGP-SCW)
on all submittals.
2. Permit Conditions Prevail: If information in the permit attachments conflict with the
special conditions of this permit, the requirements of the permit special conditions
shall prevail.
3. Commencement Notification: Choose one, the Permittee shall submit a completed
“Commencement Notification” form (Attachment 2).
4. Posting of Permit: The Permittee shall have available and maintain for review a copy
of this permit and approved plans at the construction site.
5.As-Built Certification: Within 60 days of completion of the work authorized by this
permit, the Permittee shall submit as-built drawings of the authorized work and a
completed “As-Built Certification by Professional Engineer or Surveyor” form
(Attachment 3) to the Corps. The as-built drawings shall be signed and sealed by a
registered professional engineer or surveyor and include the following:
a. A plan view drawing of the location of the authorized work footprint, as shown
on the permit drawings, with an overlay of the work as constructed. The plan
view drawing should show all existing water management structures and the
completed structures, dredge/fill activities, and wetland impacts.
b. A list of any deviations between the work authorized by this permit and the
work as constructed. In the event that the completed work deviates, in any
manner, from the authorized work, describe on the attached “As-Built
Certification by Professional Engineer” form the deviations between the work
authorized by this permit and the work as constructed. Clearly indicate on the
as-built drawings any deviations that have been listed. Please note that the
depiction and/or description of any deviations on the drawings and/or “As-
Built Certification by Professional Engineer” form does not constitute approval
of any deviations by the Corps.
c. The Department of the Army permit number on all sheets submitted.
6. 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.
Page 44
b.If, during permitted activities, items that may have historic or archaeological
origin are observed the Permittee shall immediately cease all activities
adjacent to the discovery that may result in the destruction of these resources
and shall prevent his/her employees from further removing, or otherwise
damaging, such resources. The applicant shall notify both the Florida
Department of State, Division of Historical Resources, Compliance Review
Section at (850)-245-6333 and the Corps, of the observations within the same
business day (8 hours). Examples of submerged historical, archaeological or
cultural resources include shipwrecks, shipwreck debris fields (such as steam
engine parts, or wood planks and beams), anchors, ballast rock, concreted
iron objects, concentrations of coal, prehistoric watercraft (such as log
"dugouts"), and other evidence of human activity. The materials may be
deeply buried in sediment, resting in shallow sediments or above them, or
protruding into water. The Corps shall coordinate with the Florida State
Historic Preservation Officer (SHPO) to assess the significance of the
discovery and devise appropriate actions. Project activities shall not resume
without verbal and/or written authorization from the Corps.
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 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
Archaeologist within the same business day (8-hours). The Corps shall then
notify the appropriate SHPO. 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 SHPO
and from the Corps.
7.Assurance of Navigation and Maintenance: The Permittee understands and agrees
that, if future operations by the United States require the removal, relocation, or
Page 45
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.
8.Jacksonville District Programmatic Biological Opinion (JAXBO): Structures and
activities authorized under this permit will be constructed and operated in
accordance with all applicable PDCs contained in the JAXBO, based on the
permitted activity. Failure to comply with applicable PDCs will constitute
noncompliance with this permit. In addition, failure to comply with the applicable
PDCs, where a take of listed species occurs, would constitute an unauthorized take.
The NMFS is the appropriate authority to determine compliance with the
Endangered Species Act. The most current version of JAXBO can be accessed at
the Jacksonville District Regulatory Division website in the Endangered Species
section of the Sourcebook located at:
http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx
JAXBO may be subject to revision at any time. The most recent version of these
JAXBO must be utilized during the design and construction of the permitted work.
9.Manatee Conditions: The Permittee shall comply with the “Standard Manatee
Conditions for In-Water Work – 2011” (Attachment 4). The most recent version of the
Manatee Conditions must be utilized.
Jurisdictional Determination:
A jurisdiction determination was not completed with this request. Therefore, this is
not an appealable action. However, you may request an approved JD, which is an
appealable action, by contacting the Corps for further instruction.
This letter of 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 Statutes, and listed under Rule 68A-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
Page 46
(http://www.fnai.org/) also maintains updated lists, by county, of documented
occurrences of those species.
This letter of 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.
This letter of authorization does not preclude the necessity to obtain any other
Federal, State, or local permits, which may be required.
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
https://regulatory.ops.usace.army.mil/customer-service-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.
Should you have any questions related to this GP verification or have issues
accessing the documents reference in this letter, please contact Mrs. Shannon White at
the letterhead address above, via telephone at 904-232-1681, or via e-mail at
shannon.c.white@usace.army.mil.
Sincerely,
Shannon White
Project Manager
Enclosures
Page 47
DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST
DA PERMIT NUMBER: SAJ-2021-03867 (RGP-SCW)
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 Army permits is finite, the permit itself, with its
limitations, does not expire.
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 or submit via electronic mail to:
SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB).
___________________________________ ___________________________
(TRANSFEREE-SIGNATURE) (SUBDIVISION)
___________________________________ _________ ____________
(DATE) (LOT) (BLOCK)
__________________________
___________________________________ (STREET ADDRESS)
(NAME-PRINTED)
___________________________________
___________________________________
(MAILING ADDRESS)
___________________________________
(CITY, STATE, ZIP CODE)
Page 48
COMMENCEMENT NOTIFICATION
Within ten (10) days of initiating the authorized work, submit this form to via electronic mail
to saj-rd-enforcement@usace.army.mil (preferred, not to exceed 15 MB) or by standard
mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville,
FL 32232-0019.
1. Department of the Army Permit Number: SAJ-2021-03867(RGP-SCW)
2. Permittee Information:
Name: __________________________________________
Email: __________________________________________
Address: __________________________________________
__________________________________________
Phone: __________________________________________
3. Construction Start Date: ______________________
4. Contact to Schedule Inspection:
Name: __________________________________________
Email: __________________________________________
Phone: __________________________________________
______________________________
Signature of Permittee
______________________________
Printed Name of Permittee
______________________________
Date
Page 49
AS-BUILT CERTIFICATION BY PROFESSIONAL ENGINEER
Submit this form and one set of as-built engineering drawings to the U.S. Army Corps of
Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. For electronic
mail saj-rd-enforcement@usace.army.mil (not to exceed 15 MB). If you have questions
regarding this requirement, please contact the Enforcement Branch at 904-232-3697.
1. Department of the Army Permit Number: SAJ-2021-03867 (RGP-SCW)
2. Permittee Information:
Name: _____________________________________________
Address: _____________________________________________
_____________________________________________
3. Project Site Identification (physical location/address):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
4. As-Built Certification: I hereby certify that the authorized work, including any mitigation required
by Special Conditions to the permit, has been accomplished in accordance with the Department of
the Army permit with any deviations noted below. This determination is based upon on-site
observation, scheduled, and conducted by me or by a project representative under my direct
supervision. I have enclosed one set of as-built engineering drawings.
________________________________ _______________________________________
Signature of Engineer Name (Please type)
________________________________ _______________________________________
(FL, PR, or VI) Reg. Number Company Name
________________________________ _____________________ ____________
City State ZIP
(Affix Seal)
___________________________________ _______________________________________
Date Telephone Number
Page 50
-2-
Date Work Started:____________________ Date Work Completed:______________________
Identify any deviations from the approved permit drawings and/or special conditions (attach
additional pages if necessary):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Page 51
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
ImperiledSpecies@myFWC.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 ½” 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.
Page 52
CAUTION: MANATEE HABITAT
All project vessels
IDLE SPEED / NO WAKE
When a manatee is within 50 feet of work
all in-water activities must
SHUT DOWN
Report any collision with or injury to a manatee:
Wildlife Alert:
1-888-404-FWCC (3922)
cell * FWC or #FWC
Page 53
100 FT
NEW DECK AND NEW PILES
1000 FT AMERICAN MARINE ENGINEERING INC.
20423 STATE ROAD 7
SUITE F6-346
BOCA RATON, FLORIDA 33498 USA
PH: 561-448-5755
PROJECT:
1124 Highland Beach
Highland Beach, FLORIDA 33487
DRAWN:
M.S.
APPROVED:
SCALE:DATE:
February 16, 2021
DRAWING NUMBER:
HBFL-01
SHEET:
1
OF:
4
CHECKED:
M.S.
CLIENT:
Igor Chigirinsky
Neal A. Rogers Jr., P.E.
March 23, 2021
This item has been electronically signed and sealed by Neal A. Rogers, Jr., P.E.
on the date adjacent to the seal using a SHA authentication code.
Printed copies of this document are not considered signed and sealed and
the SHA authentication code must be verified on any electronic copies.
03/16/2021
Page 54
10'-0"10'-0"10'-0"10'-0"5'-0"EXISTING CONCRETE SEAWALL
10'-0"10'-0"10'-0"
2"x8"@12" O/C
10'-0"
80'-0"
2"x8"@12" O/C2"x8"@12" O/C2"x8"@12" O/C 8" PVC PILE
CONC. FILLED
8" PVC PILE
CONC. FILLED
8" PVC PILE
CONC. FILLED
8" PVC PILE
CONC. FILLED
WALER CONNECTION TO
SEAWALL, SEE SECTION
8"x25' PVC PILE
CONC. FILLED
WATER SURFACE 2'-0"STRINGER
2"x8"@12" O/C
WALER
DOUBLE 2"x10" EACH PILE
SAE
CONNECTION
(HOT-DIPPED
GALVANIZED)EXISTINGSEAWALL5'-0"
WOOD DECKING FASTENED
#3 STAR DRIVE SCREWS SS
5/8 SS CARIAGE BOLTS
H2.5ASS DECKING
JOIST TIE DOWN
(HOT-DIPPED GALVANIZED)
4" MIN. EMBED.
AMERICAN MARINE ENGINEERING INC.
20423 STATE ROAD 7
SUITE F6-346
BOCA RATON, FLORIDA 33498 USA
PH: 561-448-5755
DRAWN:
M.S.
APPROVED:
SCALE:
AS SHOWN
SHEET:
2
OF:
4
CHECKED:
M.S.
DECK CROSS SECTION
SCALE: 1:40
DECK PLAN
SCALE: 1:80
PROJECT:
1124 Highland Beach
Highland Beach, FLORIDA 33487
DATE:
February 16, 2021
DRAWING NUMBER:
HBFL-02
CLIENT:
Igor Chigirinsky
WALER TO CONCRETE TYPICAL CONNETION
SCALE: NTS
STRINGER TO WALER CONNECTION DETAIL
SCALE: NTS
Neal A. Rogers Jr., P.E.
March 23, 2021
This item has been electronically signed and sealed by Neal A. Rogers, Jr., P.E.
on the date adjacent to the seal using a SHA authentication code.
Printed copies of this document are not considered signed and sealed and
the SHA authentication code must be verified on any electronic copies.
03/16/2021
Page 55
AMERICAN MARINE ENGINEERING INC.
20423 STATE ROAD 7
SUITE F6-346
BOCA RATON, FLORIDA 33498 USA
PH: 561-448-5755
DRAWN:
M.S.
APPROVED:
SCALE:
AS SHOWN
SHEET:
3
OF:
4
CHECKED:
M.S.
PROJECT:
1124 Highland Beach
Highland Beach, FLORIDA 33487
DATE:
February 16, 2021
DRAWING NUMBER:
HBFL-03
CLIENT:
Igor Chigirinsky
1 DESIGN DATA
1.1 CODE: 2020 FLORIDA BUILDING CODE, BUILDING, 7TH EDITION
1.2 BUILDING CLASSIFICATION UTILITY AND MISCELLANEOUS GROUP U
1.2.1 DEAD LOAD 4.0 PSF
1.2.2 LIVE LOAD 100 PSF
1.2.3 WIND LOAD - NOT EVALUATED- STRUCTURE NOT VULNERABLE TO EXCESSIVE WIND LOADS
2 GENERAL PROVISIONS
2.1 LICENSED CONTRACTOR IS RESPONSIBLE TO OBTAIN AND CONSPICUOUSLY POST ANY AND ALL LOCAL, STATE AND FEDERAL PERMITS THAT MAY BE REQUIRED. LICENSED CONTRACTORSHALL VERIFY ALL REQUIRED PERMITS ARE OBTAINED AND CONSPICUOUSLY POSTED.
2.2 THESE PLANS DO NOT AUTHORIZE CONTRACTOR TO TRESPASS, DAMAGE OR OTHERWISE ALTER ADJACENT PUBLIC OR PRIVATE PROPERTY, EXCEPT THAT AUTHORIZED BY WRITTENPERMISSION FROM THE OWNER.
2.3 ALL MATERIALS ARE TO BE PROVIDED AS TO TYPE, SIZE, MATERIAL AND MANUFACTURER AS SPECIFIED ON THESE DRAWINGS. CONTRACTOR MAY NOT DEVIATE FFROM THESE PLANS ANDSPECIFICATIONS WITHOUT WRITTEN AUTHORIZATION FROM THE ENGINEER.
2.4 THESE PLANS DO NOT AUTHORIZE AND DISCHARGE OF POLLUTANTS TO WATERS OF THE STATE OF FLORIDA EXCEPT THOSE DISCHARGES AUTHORIZED BY LOCAL OR STATE PERMIT.
2.5 LICENSED CONTRACTOR MAY NOT STORE OR TRANSFER ANY HAZARDOUS MATERIALS ON SITE.
2.6 UPON COMPLETION OF PILING INSTALLATION, CONTRACTOR SHALL PROVIDE A WRITTEN REPORT INCLUDING A DIAGRAM OF THE FINAL PILE LAYOUT AND THE NUMBER OF BLOWS ANDDEPTH OF PILING AT REFUSAL FOR EACH PILE. CONTRACTORS REPORT AND DIAGRAM SHALL SHOW THE DEVIATION FROM PLUMB FOR EACH PILING.
2.7 LICENSED CONTRACTOR SHALL VERIFY THE EXISTING CONDITIONS PRIOR TO COMMENCEMENT OF THE WORK. ANY CONFLICTS OR OMISSIONS BETWEEN EXISTING CONDITIONS OR THEVARIOUS ELEMENTS OF THE WORKING DRAWING SHALL BE BROUGHT TO THE ATTENTION OF THE ENGINEER PRIOR TO THE COMMENCEMENT OF THE WORK. THE LICENSED CONTRACTORAND ALL SUBCONTRACTORS ARE RESPONSIBLE FOR ALL LINES, ELEVATIONS, AND MEASUREMENTS.
2.8 ALL UNANTICIPATED OR UNFORESEEN DEMOLITION AND/OR NEW CONSTRUCTION CONDITIONS WHICH REQUIRE DEVIATION FROM THE PLANS AND NOTES HEREIN SHALL BE REPORTED TOTHE ENGINEER PRIOR TO COMMENCEMENT OF WORK.
2.9 LICENSED CONTRACTOR TO VERIFY LOCATION OF EXISTING UTILITIES PRIOR TO COMMENCING WORK
2.10 THE LICENSED CONTRACTOR TO INSTALL AND REMOVE ALL SHORING AND BRACING AS REQUIRED FOR THE PROPER EXECUTION OF THE WORK.
2.11 THESE DRAWINGS ARE BASED ON THE HYDROGRAPHIC AND TOPOGRAPHIC INFORMATION PROVIDED BY OTHERS
2.12 JOBSITE IS TO BE KEPT CLEAN AT ALL TIMES.
2.13 THE CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND MUNICIPAL REQUIREMENTS AS WELL AS APPLICABLE DISTRICT SPECIAL PROVISIONS REGARDINGENDANGERED SPECIES.
2.14 ALL WORK PERFORMED, AS WELL AS, CONSTRUCTION MATERIALS AND TESTING SHALL COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS, CODES, REGULATIONS ANDORDINANCES.
2.15 DOCK SHALL NOT BE USED UNTIL FINAL INSPECTION AND APPROVAL IS OBTAINED.
2.16 JOBSITE TO BE LEFT IN BROOM CLEAN CONDITIONS.
2.17 ALL EXPOSED HAZARDS TO BE PROPERLY PROTECTED AT ALL TIMES TO MEET OSHA STANDARDS.
3 PILES
3.1 PILES SHALL BE FIBERGLASS (FRP) OR WOOD PILES MARINE GRADE OR AS STATED ON DRAWINGS.
3.2 PROVIDE PILES OF SUCH LENGTH AS REQUIRED TO DEVELOP THE SPECIFIED BEARING VALUE, TO OBTAIN THE SPECIFIED PENETRATION, AND TO EXTEND ABOVE THE TOP OF DECK AS
INDICATED
3.3 JETTING TO FACILITATE PILE PENETRATION SHALL NOT BE USED UNLESS SPECIFICALLY PERMITTED BY THE ENGINEER OF RECORD
3.4 PREDRILLED HOLES. WHEN NECESSARY TO ACHIEVE THE REQUIRED PENETRATION, DRILL HOLES OF DIAMETER NOT GREATER THAN 90 PERCENT OF THE AVERAGE CROSS-SECTIONAL
DIMENSION OF THE PILE AT THE DEPTH BEING DRILLED AND DRIVE THE PILETHEREIN TO PRACTICAL REFUSAL.
3.5 PENETRATION PER BLOW MAY BE MEASURED EITHER DURING INITIAL DRIVING OR DURING RE--DRIVING FOLLOWING A SET PERIOD OF TIME AS DETERMINED BY THE ENGINEER OF
RECORD.
3.6 PRACTICAL REFUSAL: PRACTICAL REFUSAL WILL BE EITHER A CONDITION WHERE THE BLOW COUNT EXCEEDS TWO TIMES THE NUMBER OF BLOWS REQUIRED IN 1 FOOT OR 40 BLOWS
PER FOOT FOR TIMBER PILES.
3.7 PILES MUST BE INSTALLED TO ACHIEVE THE MINIMUM LATERAL RESISTANCE. IN ACCORDANCE WITH FLORIDA BUILDING CODE 1810.2.1 LATERAL SUPPORT, PILES TO BE INSTALLED A
MINIMUM OF 5 FEET INTO STIFF SOIL OR 10 FEET INTO SOFT SOIL UNLESS OTHERWISE APPROVED BY THE BUILDING OFFICIAL ON THE BASIS OF A GEOTECHNICAL INVESTIGATION BY A
REGISTERED DESIGN PROFESSIONAL. PILES WHICH HAVE REACHED PRACTICAL REFUSAL BUT HAVE NOT BEEN INSTALLED TO ACHIEVE THE MINIMUM LATERAL STABILITY SHALL BE
REMOVED, AND THE PILE PREDRILLED TO ACHIEVE THE MIMINUM LATERAL RESISTANCE EMBEDMENT.
3.8 PER GENERAL REQUIREMENT 2.6, UPON COMPLETION OF PILING INSTALLATION CONTRATOR SHALL SUBMIT TO ENGINEER A DIMENSIONED DIAGRAM OF THE FINAL PILING LAYOUT,
WITH BLOWS TO REUSAL AND DEVIATION FROM PLUMB.
3.9 THE MAXIMUM DRIVING STRESS, PSI FOR TIMBER PILES SHALL NOT EXCEED 3FCO, WHERE FCO IS THE BASE RESISTANCE OF WOOD IN COMPRESSION PARALLEL TO THE GRAIN, IN PSI.
3.10 DO NOT DRIVE PILES WITHIN 20 FEET OF CONCRETE LESS THAN 2 DAYS OLD, SINCE MOST CONCRETE IS CLOSE TO 50% STRENGTH AFTER 2 DAYS.
3.11 PROVIDE ADEQUATE LATERAL SUPPORT FOR INSTALLED INDIVIDUAL PILES TO PREVENT EXCESSIVE TEMPORARY FLEXURAL STRESSES OR MOVEMENT OF THE PILE TOP OUT OF
TOLERANCE.
3.12 INSTALLATION TOLERANCES.
3.12.1 DEVIATION FROM PLUMB AND ANGLE OF BATTER: 2 INCH PER FOOT OF PILE LENGTH, BUT NOT MORE THAN 6 INCHES OVERALL.
3.12.2 DEVIATION FROM LOCATION OF PILE TOP: 2 INCHES.
3.13 WHEN THE AREA OF THE HEAD OF A TIMBER PILE IS GREATER THAN THAT OF THE FACE OF THE HAMMER, USE A SUITABLE CAP TO DISTRIBUTE THE BLOWS THROUGHOUT THE CROSS
SECTION OF THE PILE.
3.14 AFTER TIMBER PILES ARE CUT OFF, TREAT CUT SURFACES IN ACCORDANCE WITH AWPA M4.
4 DECKING REQUIREMENTS
4.1 ALL DECKING MATERIAL SHALL BE COMPOSED OF DIMENSICN LUMBER (2” NOMINAL THICKNESS) OR COMPOSIT DECKING. COMPOSITE DECKING TO CONSIST OF RECYCLED LINEAR
LOW-DENSITY POLYETHYLENE (LLDPE) AND RECYCLED WOOD.
4.2 DECKING TO BE ATTACHED TO EACH STRINGER OR DOUBLE STRINGER LOCATION WITH #3 SS SCREWS, OR PROPRIETARY CONCEALED FASTENING SYSTEM, SUCH AS TREX UNIVERSAL
HIDEAWAY HIDDEN FASTENERS, OR ENGINEER APPROVED SUBSTITUTION, INSTALLED IN ACCORDANCE WITH MANUFACTURER'S INSTRUCTIONS, SAE CONNECTORS SHALL BE
HOT-DIPPED GALVANIZED.
4.3 DECKING MATERIAL TO BE SPACED APPROXIMATELY 1/8” APART. RECOMMENDED SPACING FOR TREATED 2X6.
WIDTH AT INSTALLATION SPACING (MIN - MAX)
5 1/2" (WET OR DRY) 1/8"- 1/4"
5 5/8" (WET) 1/16"-1/8"
5 3/4" (WET) BUTT BOARDS TOGETHER
OVER 5 3/4" (WET) ALLOW DRYING TIME PRIOR TO INSTALLATION
4.4 EACH SEGMENT OF DECKING MUST BEAR ON A MINIMUM OF 3 STRINGERS (OR 3 SUPPORTS).
5 WOOD MATERIALS
5.1 LUMBER GRADE.
5.1.1 WOOD DECK: MARINE GRADE NO. 1.
5.1.2 ALL OTHERS: MARINE GRADE NO. 1 OR NO. 2
5.2 LUMBER SPECIES: SOUTHERN YELLOW PINE (SYP) OR APPROVED ALTERNATIVE.
5.3 LUMBER (INCLUDING TIMBER PILES) IS TO BE PRESERVATIVE TREATED IN COMPLIANCE WITH APPLICABLE REQUIREMENTS OF AMERICAN WOOD--PRESERVERS' ASSOCIATION (AWPA)
STANDARD U1.
5.4 END USE CATEGORY: AWPA UCSC (MARINE USE SOUTHERN WATERS.
5.5 LUMBER THAT IS CUT, DRILLED, PLANED, OR OTHERWISE ALTERED AFTER TREATMENT IS TO BE TREATED IN FIELD IN COMPLIANCE WITH AWPA STANDARD M4 (CARE OF PRESSURE
TREATED WOOD PRODUCTS) TO ALTERED SURFACES. INSPECT EACH PIECE OF LUMBER AFTER DRYING AND DISCARD DAMAGED OR DEFECTIVE PIECES
5.6 ROUND TIMBER POLES AND PILES SHALL COMPLY WITH ASTM D3200 AND ASTM D25, RESPECTIVELY
5.7 STRINGER SPLICES MUST OCCUR AT PILE LOCATIONS ONLY. AS FAR AS PRACTICAL, STRINGER SPLICES TO BE ALTERNATED SO THAT TWO ADJACENT SPLICES DO NOT OCCUR AT SAME
PILE LOCATION. STRINGER SPLICES AT PILE LOCATIONS TO BE WITH 24” MINIMUM LENGTH SCAB OF SAME MATERIAL AS STRINGER, WITH A MINIMUM OF 4 -- 1/4” DIA. LAG
SCREWS EACH SIDE OF SPLICE WITH 2” EDGE AND END DISTANCE.
Neal A. Rogers Jr., P.E.
March 23, 2021
This item has been electronically signed and sealed by Neal A. Rogers, Jr., P.E.
on the date adjacent to the seal using a SHA authentication code.
Printed copies of this document are not considered signed and sealed and
the SHA authentication code must be verified on any electronic copies.
03/16/2021
Page 56
AMERICAN MARINE ENGINEERING INC.
20423 STATE ROAD 7
SUITE F6-346
BOCA RATON, FLORIDA 33498 USA
PH: 561-448-5755
DRAWN:
M.S.
APPROVED:
SCALE:
AS SHOWN
SHEET:
4
OF:
4
CHECKED:
M.S.
PROJECT:
1124 Highland Beach
Highland Beach, FLORIDA 33487
DATE:
February 16, 2021
DRAWING NUMBER:
HBFL-04
CLIENT:
Igor Chigirinsky
6 FASTENERS
6.1 UNLESS NOTED OTHERWISE FASTENERS AND CONNECTORS SHALL BE OF STAINLESS STEEL CONSTRUCTION COMPLYING WITH ASTM A316.
6.2 FASTENERS AND CONNECTORS SHALL BE OF THE SAME CORROSION--RESISTANT MATERIAL
6.3 SELECT FASTENERS OF SIZE THAT WILL NOT FULLY PENETRATE MEMBERS WHERE OPPOSITE SIDE WILL BE EXPOSED TO VIEW OR WILL
RECEIVE FINISH MATERIALS.
6.4 MAKE TIGHT CONNECTIONS BETWEEN MEMBER.
6.5 ANCHOR ADHESIVE SHALL BE A HIGH PERFORMANCE, TWO COMPONENT ADHESIVE ANCHORING SYSTEM, SUCH AS SIKA®ANCHORFIX--1, OR
ENGINEER APPROVED SUBSTITUTION, INSTALLED IN ACCORDANCE WITH MANUFACTURER'S INSTRUCTIONS.
6.6 LAG SCREWS AND BOLTS TO MEET REQUIREMENTS OF ANSI/ASME STANDARD B18.2.1
6.7 INSTALL FASTENERS WITHOUT SPLITTING WOOD; PREDRILL AS REQUIRED.
6.8 LEAD HOLES FOR LAG SCREWS SHALL BE BORED AS FOLLOWS TO AVOID SPLITTING OF THE WOOD MEMBER DURING CONNECTION
FABRICATION:
(A) THE CLEARANCE HOLE FOR THE SHANK SHALL HAVE THE SAME DIAMETER AS THE SHANK, AND THE SAME DEPTH OF PENETRATION AS
THE LENGTH OF UNTHREADED SHANK,
(B) THE LEAD HOLE FOR THE THREADED PORTION SHALL HAVE A DIAMETER EQUAL TO 60% TO 75% AND A LENGTH EQUAL TO AT LEAST
THE LENGTH OF THE THREADED PORTION. THE LARGER PERCENTILE IN EACH RANGE SHALL APPLY TO LAG SCREWS OF GREATER
DIAMETERS.
6.9 THE THREADED PORTION OF THE LAG SCREW SHALL BE INSERTED IN ITS LEAD HOLE BY TURNING WITH A WRENCH NOT BY DRIVING WITH A
HAMMER.
6.10 SOAP OR OTHER LUBRICANT MAY BE USED ON THE LAG SCREW OR IN THE LEAD HOLES TO FACILITATE INSERTION AND TO PREVENT
DAMAGE TO THE LAG SCREW.
6.11 THE MINIMUM LENGTH OF LAG SCREW PENETRATION, PM NOT INCLUDING THE LENGTH OF THE TAPERED TIP, E, OF THE LAG SCREW INTO
THE MAIN MEMBER OF SINGLE SHEAR CONNECTIONS AND THE SIDE MEMBERS OF DOUBLE SHEAR CONNECTIONS SHALL BE 4D.
6.12 LAG BOLT HOLES SHALL BE A MINIMUM OF 1/32" TO A MAXIMUM OF 1/16” LARGER THAN THE BOLT DIAMETER HOLES SHALL BE
ACCURATELY ALIGNED IN MAIN MEMBERS AND SIDE MEMBERS. BOLTS SHALL NOT BE FORCIBLY DRIVEN.
6.13 A STANDARD CUT WASHER SHALL BE PROVIDED BETWEEN THE WOOD AND THE BOLT HEAD AND BETWEEN THE WOOD AND THE NUT.
6.14 1/4” DIAMETER TAPCONS REQUIRE 1 1/2" MINIMUM EDGE DISTANCE AND 1 1/2” MINIMUM EMBEDMENT INTO 4000 PSI CONCRETE
MINIMUM.
6.15 3/8" DIAMETER WEDGE ANCHORS REQUIRE 1 3/4” MINIMUM EDGE DISTANCE AND 1 1/2” MINIMUM EMBEDMENT INTO 4000 PSI
CONCRETE MINIMUM.
Neal A. Rogers Jr., P.E.
March 23, 2021
This item has been electronically signed and sealed by Neal A. Rogers, Jr., P.E.
on the date adjacent to the seal using a SHA authentication code.
Printed copies of this document are not considered signed and sealed and
the SHA authentication code must be verified on any electronic copies.
03/16/2021
Page 57
BEL LIDO VILLAS
PROPERTY OWNERS ASSOCIATION, INC.
1124 Highland Beach Drive
Highland Beach, Florida 33487
December 4, 2021
To Whom It May Concern,
The Board of Directors of the Bel Lido Villlas Property Owners
Association has voted unanimously to approve and authorize the
funds needed for the maintenance and rebuilding of the existing dock,
structure and pilings located on our property.
Very truly yours,
Richard N. Mendelson
Secretary
Page 58
Page 59
Page 60
Page 61
Page 62
Page 63
Page 64
PUBLIC NOTICE
APPLICATION NO. 21-0010
500 Ft Public Notification Boundary
April 26, 2023
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, May 11, 2023 at 9:30 AM in the Town of
Highland Beach Library Community Room, 3618 South Ocean Boulevard, Highland
Beach, Florida to consider the following application.
APPLICATION BY RICHARD N. MENDELSON FOR A SPECIAL EXCEPTION
APPROVAL TO INSTALL A 400 SQUARE FOOT DOCK FOR THE PROPERTY
LOCATED AT 1124 HIGHLAND BEACH DRIVE.
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.
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 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, please 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 65
Sold To:
Highland Beach Town Hall - CU00354279
3614 S Ocean Blvd
Boca Raton,FL 33487
Bill To:
Highland Beach Town Hall - CU00354279
3614 S Ocean Blvd
Boca Raton,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 11720-Notice of Public Meeting ,
Was published in said newspaper by print in the issues of, or by publication on the
newspaper¶s website, if authorized on May 01, 2023
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: May 01, 2023.
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: jdehart@highlandbeach.us
7418249
SUN-SENTINEL
Page 66
Order # - 7418249
SUN-SENTINEL
Page 67
File Attachments for Item:
B. Ongoing discussion of proposed changes (“amendment concepts”) to the Accessory
Marine Facility (AMF) and seawall regulations of the Town Code.
Page 68
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Planning Board (“Board”) Meeting
MEETING DATE May 11, 2023
SUBMITTED BY: Ingrid Allen, Town Planner, Building Department
SUBJECT: Ongoing discussion of proposed changes (“amendment concepts”) to
the Accessory Marine Facility (AMF) and seawall regulations of the
Town Code
SUMMARY:
As mentioned to the Board at the March 9, 2023 meeting, the proposed amendment concepts
pertaining to AMF and seawall regulations will be an ongoing item of discussion on the Board’s
meeting agendas during an approximate 8 -12 month timeframe. This timeframe will give the
Board sufficient time to discuss, analyze and craft a consensus. Subsequently, the Board will
provide its recommendations on each proposed amendment concept to the Town
Commission. At the April 13, 2023 Board meeting, Board discussion on the proposed
amendment concepts included the following:
AMENDMENT CONCEPT BOARD DISCUSSION
Maximum height for AMF = BFE plus 7
feet.
There should be limit, look to Board member Brown for
input.
Require a ladder for every 50 feet of
dock.
Reasonable for health and safety. Consider requirement
not just for docks but include seawalls. Location of
ladder should not interfere with the docking or mooring
of vessel.
10-foot side setback for all zoning
districts. For lots < 100 feet in width,
setback is 10% of width; however,
setback cannot be less than 5 ft.
Agree to apply setback for multifamily zoning districts as
proposed.
NA Floating docks should be part of the amendment (Note
that according to Section 30-68(h)(6) of the Town Code,
floating docks are subject to conformance will all zoning
requirements). Town Attorney, Len Rubin, indicated that
there may be some leeway in regulating setbacks for
“floating vessel platforms” and “floating boat lifts” for
which Florida Statutes currently provides an exemption.
Mr. Rubin will update the Board on this matter at the May
11th meeting.
Maximum seawall height Expert to testify. Staff has reached out to the Town’s
marine expert, ATM, and will advise the Board on their
availability to appear at a Board meeting.
Page 69
AMENDMENT CONCEPT BOARD DISCUSSION
Encroachment into water at 25 feet or
25% of waterway width, whichever is
less (measured from the shortest
distance adjacent to the property line)
Measure from closest landward position (to
accommodate PL in the water). Apply 25 feet or 25%
encroachment to canals and lakes only exclude
Intracoastal Waterway.
For reference purposes, the Board’s previous discussion on the amendment concepts is
provided in the table below:
March 9, 2023
AMENDMENT CONCEPT BOARD DISCUSSION
Maximum height for AMF = BFE plus 7
feet
Maybe the proposed “7 feet” is not high enough but there
should be a limit.
Require a ladder for every 50 feet of
dock
Require ladders on seawall and docks and consider
adjustable ladders whereby the length of the ladder
needs to be in the water at low mean tide.
10-foot side setback for all zoning
districts. For lots < 100 feet in width,
setback is 10% of width; however,
setback cannot be less than 5 ft.
10-foot setback for Multi-Family Zoning Districts needs
more discussion. Consider setback for mooring of boats.
ATTACHMENTS:
- Proposed amendment concepts list
- Multifamily zoning district maps and corresponding lot widths
- ATM report (dated 2-11-2022)
RECOMMENDATION:
At the discretion of the Board.
Page 70
PROPOSED AMENDMENT CONCEPTS
Maximum height for Accessory Marine Facilities = Base Flood Elevation
(BFE) plus 7 feet.
Exempt personal watercraft (PWC) lifts from the requirement that “in no
case shall the lift be higher than the superstructure of the boat when lifted”
OR remove requirement.
Maximum seawall cap width = 3 feet; maximum seawall cap plus dock
width = 8 feet.
Encroachment into water at 25 feet or 25% of waterway width, whichever is
less (measured from the shortest distance adjacent to property line).
10 foot side setback for all zoning districts. For lots < 100 feet in width,
setback is 10% of width; however, setback cannot be less than 5 feet.
Require a ladder for every 50 feet of dock.
ADDITIONAL CONCEPT:
Maximum seawall height
Page 71
Length 90.4 ŌLength 70 ŌLength 65 ŌLength 61.5 ŌLength 62.4 ŌDƵůƟƉůĞ&ĂŵŝůLJŽŶŝŶŐŝƐƚƌŝĐƚŽŶƟŶƵŽƵƐĚŽĐŬPage 72
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Length 148.5 ŌLength 144.1 ŌLW 100’LW 100’LW 100’LW 100’LW100’LW 100’DƵůƟƉůĞ&ĂŵŝůLJŽŶŝŶŐŝƐƚƌŝĐƚDƵůƟƉůĞ&ĂŵŝůLJŽŶŝŶŐŝƐƚƌŝĐƚPage 75
Length 89.6 ŌLength 90.8 ŌLength 89.2 ŌLength 88.1 ŌLength 364.5 ŌLW 100’LW 100’LW 100’LW 100’LW 100’LW 100’ŌLW 100’LW 100’LW 100’LW 100’LW 100’LW 70’LW 50’LW 100’LW 100’DƵůƟƉůĞ&ĂŵŝůLJŽŶŝŶŐŝƐƚƌŝĐƚ^ŝŶŐůĞ&ĂŵŝůLJŽŶŝŶŐŝƐƚƌŝĐƚPage 76
Length 144 ŌLength 77.3 ŌLength 85.6 ŌLW 100’LW 100’LW 87’LW 100’LW 100’LW 100’LW 100’LW 100’Length 86.4 ŌLW 100’LW 100’LW 100’LW 100’LW 100’LW 100’Length 95 ŌLW 100’^ŝŶŐůĞ&ĂŵŝůLJŽŶŝŶŐŝƐƚƌŝĐƚDƵůƟƉůĞ&ĂŵŝůLJŽŶŝŶŐŝƐƚƌŝĐƚDƵůƟƉůĞ&ĂŵŝůLJŽŶŝŶŐŝƐƚƌŝĐƚPage 77
2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041
2/11/22
Ingrid Allen
Town Planner
Town of Highland Beach
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Re: Accessory Marine Facility Code Amendments Relative to Boat Lifts
Town of Highland Beach
Ms. Allen,
This correspondence is provided as additional discussion and opinion regarding changes to
Town of Highland Beach code relative to ‘Accessory Marine Structures’ and specifically boat lifts
as defined within sec. 30-68 of municipal code. Items are discussed relative to potential
changes to specific requirements of the current code.
1. Requirement for Accessory Marine Facilities to receive Planning Board approval
The requirement that all accessory marine facilities receive planning board approval (ref. Sec.
30-68 Supplemental district regulations (g)(3)) is not a common requirement within coastal
communities. Boat lifts are generally allowed with restrictions without planning board approval.
Board approval is typically reserved for sites with special and unique circumstance (see item 6.
below) or for variance requests from the standard provisions defined in code. The requirements
for lift installation are generally defined by code in terms of limitations to the location (setback)
and overall size of the structure. These limitations meet the intent to minimize impacts to
adjacent properties, allow for safe navigation and minimize impacts to view.
2. Requirement of setbacks for all zoning districts
Page 78
Page 2 of 3
2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041
Requirements for minimum setbacks for all zoning districts are a standard practice and are a
key provision to meet the intent to minimize impacts to adjacent properties, allow for safe
navigation and minimize visual impacts. The zero-foot setback for multi-family zoning within the
Town’s current code is anomalous and does not provide a sufficient setback to meet the intent.
Required minimum setbacks for boatlifts and docks vary considerably by jurisdiction. The
nominal width of lots within a municipally are generally relevant to this provision. Areas with
larger lots tend to have larger setback requirements, while areas with smaller lots have lesser
setback requirements to allow for reasonable use.
3. Limits to waterway encroachment
Limitations to the distance structures can encroach into a waterway are a standard practice and
meet the intent to allow for safe navigation and minimize impacts to adjacent properties and
views. Encroachment maximum distances on the order of 25 feet (relative to the waterway
edge) are fairly common, though additional restrictions for narrow waterways are also common
practice. In general, a fifty-foot effective fairway width is a common design standard for
residential canals.
4. Limitations to pile maximum height
Limitations to maximum pile height is not a common practice but does meet the intent to
minimize impacts to view. This approach also addresses a related issue relative to overall
vessel size. Limitations to pile height restrict the ability to lift vessels beyond a certain size
which addressed both issues of view and waterway navigability. In terms of maximum height, it
should be defined relative to a fixed vertical datum. Pile heights generally on the order of 12 feet
(NAVD 88) (which equates to something on the order of 8 feet above dock height) meet the
lifting requirements for most vessels.
5. Limits to seawall cap and dock width
Limitations to Sewall cap and dock total width meets the intent to limit impacts to adjacent
properties, waterway navigability and view. A total width of 8 feet (inclusive of the seawall cap
and dock) is consistent with general practice.
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2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041
6. Special and unique circumstances - Sewall discontinuities and corner lots
Regulation of boat lifts through minimum setbacks, size and height limitations are generally
sufficient to meet the intent to minimize impacts to adjacent properties, allow for safe navigation
and minimize impacts to view for waterways that are generally unform in dimension adjacent to
the regulated property. The majority of conflicts are associated with areas where there is a
discontinuity in the waterway such as an abrupt restriction in the waterway width, corner lots or
lots that extend into a waterway. Application of uniform code provisions to address these areas
are problematic as each circumstance is unique and requires consideration of the specific
current and intended use and access to the waterway. These issues are further complicated by
the range of boat types, sizes and performance characteristics which may be germane to both
the use and potential for impact to adjacent properties. Such instances likely warrant further
consideration by the Planning Board.
Sincerely,
Applied Technology & Management, Inc.
Michael G. Jenkins, Ph.D., P.E.
Coastal Engineering Principal
Printed copies of this document are not considered signed and sealed and the signature must be verified
on any electronic copies.
Michael
G Jenkins
Digitally signed by
Michael G Jenkins
Date: 2022.02.24
09:00:36 -05'00'
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