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2024.04.11_PB_Agenda_RegularAGENDA PLANNING BOARD REGULAR MEETING Thursday, April 11, 2024 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. APPROVAL OF MINUTES A. March 14, 2024 7. UNFINISHED BUSINESS A. None. 8. NEW BUSINESS A. Development Order Application No. 23-0015 / Camron Walsh Application by William Thomas, unlimited permit services, INC., for a special exception request to install a 27,000 pound capacity elevator boat lift for the property located at 1002 Grand Court. B. Development Order Application No. 24-0002 / Patti & Alan Masarek Application by Lawrence Frankel, Frankel Homes, for a major modification to an existing building as provided in section 30-39 of the town code of ordinances including but not limited to additional square footage, and changes to the exterior façade, and roof line for the property located at 3515 South Ocean Boulevard. Page 1 Agenda – Planning Board Regular Meeting Thursday, April 11, 2024, 9:30 AM Page 2 of 2 9. ANNOUNCEMENTS A. April 16, 2024 1:30 PM Town Commission Meeting May 07, 2024 1:30 PM Town Commission Meeting May 09, 2024 9:30 AM Planning Board Meeting 10. 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 14, 2024 Page 3 TOWN OF HIGHLAND BEACH PLANNING BOARD REGULAR MEETING MINUTES LIBRARY COMMUNITY ROOM 3618 South Ocean Boulevard Highland Beach, Florida 33487 Date: March 14, 2024 Time: 9:30 AM 1. CALL TO ORDER Chairperson Goldenberg called the meeting to order at 9:30 A.M. 2. ROLL CALL Board Member Eve Rosen Board Member Jason Chudnofsky Board Member David Axelrod Board Member David Powell Board Member Roger Brown Vice Chairperson Ilyne Mendelson Chairperson Eric Goldenberg Town Attorney Leonard Rubin Deputy Town Clerk Jaclyn DeHart ADDITIONAL STAFF PRESENT Town Planner Ingrid Allen 3. PLEDGE OF ALLEGIANCE The Board Members led the Pledge of Allegiance to the United States of America. 4. APPROVAL OF THE AGENDA Motion: Rosen/Chudnofsky - Moved to approve the agenda as presented which passed 7 to 0. 5. SWEARING IN OF THE PUBLIC Deputy Town Clerk Jaclyn DeHart swore in those giving testimony. 6. APPROVAL OF MINUTES A. February 08, 2024 Page 4 Planning Board Regular Meeting Minutes Date: March 14, 2024 Page 2 of 4 Motion: Rosen/Mendelson - Moved to approve the minutes as presented which passed 7 to 0. 7. UNFINISHED BUSINESS A. None. 8. NEW BUSINESS A. Development Order Application No. 23-0014 / Khi Thai Application by Joseph Gilio, sea-tech construction, INC., for a special exception request to install a 100 linear foot seawall cap, a 375 square foot concrete dock and a 100 linear foot stem wall for the property located at 4215 Tranquility Dr. 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 the application. Town Planner Allen presented Development Order No. 23 -0014. Jeff Remus, Building Official, provided comments on the application. Norman Weinstein was sworn in by Deputy Town Clerk Jaclyn Dehart. Norman Weinstein, 4207 Tranquility Dr, made comments on the application stating that he was the neighbor. The Board discussed the application followed by a motion. MOTION: Chudnofsky/Axelrod - Moved to approve Development Order No. 23- 00014. Based upon roll call: Member Chudnofsky (Yes), Member Axelrod (Yes), Member Rosen (Yes), Member Brown (Yes), Member Powell (Yes), Vice Chairperson Mendelson (Yes), and Chairperson Goldenberg (Yes). The motion passed on a 7 to 0 vote. B. Development Application No. 23-0018 Application by David Willens for an amendment to a previously approved major modification request to an existing building (Development Order No. 23 -0002) as provided in section 30-39 of the Town Code of Ordinances including but not limited to changes to the exterior façade, building footprint, and roof line for the property located at 2362 South Ocean Boulevard. Page 5 Planning Board Regular Meeting Minutes Date: March 14, 2024 Page 3 of 4 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 the application. Town Planner Allen presented Development Order No. 23 -0018. The Board discussed the application followed by a motion. MOTION: Rosen/Chudnofsky - Moved to approve Development Order No. 23 - 0018. Based upon roll call: Member Rosen, Member Chudnofsky (Yes), Member Brown (Yes), Member Powell (Yes), Member Axelrod (Yes), Vice Chairperson Mendelson (Yes), and Chairperson Goldenberg (Yes). The motion passed on a 7 to 0 vote. C. Nomination of Chairperson and Vice Chairperson Chairperson Goldenberg read the title and opened nominations for Chairperson. Member Axelrod nominated Eric Goldenberg for Chairperson which was seconded by Vice Chairperson Mendelson. There were no other nominations. Chairperson Goldenberg opened up the nominations for Vice Chairperson. Member Axelrod nominated Ilyne Mendelson for Vice Chairperson which was seconded by Member Chudnofsky. There were no other nominations. 9. ANNOUNCEMENTS Chairperson Goldenberg read the announcements as follows. March 19, 2024 10:00 AM 2024 Presidential Preference Primary (PPP) & Uniform Municipal Elections (Town Hall Closed) March 21, 2024 10:00AM Financial Advisory Board Meeting Page 6 Planning Board Regular Meeting Minutes Date: March 14, 2024 Page 4 of 4 10. ADJOURNMENT The meeting adjourned at 10:02 AM. APPROVED on April 11, 2024, Planning Board Regular Meeting. Eric Goldenberg, Chairperson ATTEST: Transcribed by: Jaclyn DeHart 04/11/2024 ____________________________________ _____________________________ Jaclyn DeHart Date Deputy 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 7 File Attachments for Item: A. Development Order Application No. 23-0015 / Camron Walsh Application by William Thomas, unlimited permit services, INC., for a special exception request to install a 27,000 pound capacity elevator boat lift for the property located at 1002 Grand Court. Page 8 PLANNING BOARD STAFF REPORT MEETING OF: APRIL 11, 2024 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY WILLIAM THOMAS, UNLIMITED PERMIT SERVICES, INC., FOR A SPECIAL EXCEPTION REQUEST TO INSTALL A 27,000 POUND CAPACITY ELEVATOR BOAT LIFT FOR THE PROPERTY LOCATED AT 1002 GRAND COURT. (DO# 23-0015) Applicant (Property Owner): Camron M. Walsh 1002 Grand Court Highland Beach, FL 33487 Applicant’s Agent: William Thomas Unlimited Permit Services, Inc. 902 NE 1 Street #2 Pompano Beach, FL 33060 Property Characteristics: Site Location: 1002 Grand Court Comprehensive Plan Land Use: Multi Family Low Density Zoning District: Residential Multiple Family Low Density (RML) Parcel PCN#: 24-43-47-09-00-002-0140 GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 9 Request and Analysis: The Applicant is proposing to install a 27,000 pound capacity elevator boat lift for the property located at 1002 Grand Court. There was a previous boat lift at the property which has been removed. There are currently two (2) boat lift piles that remain in the water which the applicant proposes to remove. The Applicant has obtained Florida Department of Environmental Protection (FDEP) authorization for the proposed boat lift (FDEP File No. 50 -0437784-001-EE). The authorization letter provided by FDEP (dated July 26, 2023) indicates that a separate permit or authorization from U.S. Army Corps of Engineers (ACOE) will not be required. Pursuant to Section 30-68(g)(6)(d)2. of the Town Code, in multifamily residential zoning districts, accessory marine facilities including a boat lift shall be exempt from marine facility side yard setback requirements. According to the Applicant’s boat lift section (sheet 4 – 11X17), date stamped received by the Building Department on March 15, 2024, the top of the boat lift measures 6 feet 6 inches from the existing dock and the superstructure of the boat measures 10 feet. The request is compliant with the definition of ‘boat lift’ provided in Section 30-131 of the Town Code as follows: Boat lifts means the bottom of the keel of any boat shall not be hoisted greater than one foot above the minimum seawall elevation. In no case shall the lift be higher than the superstructure of the boat when lifted. Section 30-68(h) of the Town Code, states that the installation of mooring facilities including boat lifts shall comply with the below standards. In addition, staff may request evidence, prepared by a recognized marine expert, demonstrating that the proposed mooring facility is in compliance with these standards. - The mooring facility will not create a hazardous interference with navigation, endanger life or property, or deny the adjacent property owners or public reasonable visual access to public waterway. - Installation of such mooring facilit y shall not infringe upon standard navigational practices that are or may be used by abutting property owners. The proposed special exception request was reviewed by Applied Technology & Management, Inc. (ATM), which has a Professional Services Agreement with the Town of Highland Beach for coastal and marine engineering consulting services. Dr. Michael G. Jenkins, ATM’s Coastal Engineering Principal, provided a technical review of the special exception request (see attached report). Section 30-68(h)(1)a. of the Town Code, states that the installation of a boat lift shall be subject to special exception approval by the Planning Board at an advertised public hearing. Section 30-36(a) Page 10 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. Following an approval by the Planning Board and 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. Should you have any questions, please feel free to contact me at (561) 637-2012 or iallen@highlandbeach.us Attachments: Application Aerials ATM report FDEP approval Applicant proposed plans (11x17) Page 11 RML - MULTI-FAMILY LOW-DENSITY ( 24-HIGHLAND BEACH ) - 0887 William Thomas 954-532-0129 Unlimited Permit Services, Inc 902 NE 1 ST #2, Pompano Beach FL 33060 office@unlimitedps.net Remove existing piling (2). Install a 27k lb Neptune aluminum elevator boat lift with high speed motors mounted to (4) new 12" dia. wood pilings. (CAMRON.WALSH@OPHOTELS.COM) (9-47-43, TH PT OF N 1/2 OF GOVLT 2 K/A LT 2 OF UNREC GRAND CAY ESTS) Page 12 (CAMRON WALSH) Page 13 January 2024 1002 GRAND COURT 01/01/2024 Subject property Page 14 January 2023 (previous boat lift shown)01/05/20231002 GRAND COURTPage 15 APPLIED TECHNOLOGY & MANAGEMENT, INC. 2047 VISTA PARKWAY • SUITE 201 • WEST PALM BEACH, FL 33411 • 561.659.0041 3/11/24 Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach, FL 33487 Re: Technical Review of Proposed Boat Lift – 1002 Grand Court Town of Highland Beach Ms. Allen, This correspondence is provided as a formal response to your request for a technical review of the proposed boat lift at 1002 Grand Court, Highland Beach. Basis of Review The following documents were utilized as a basis for this review: 1. Town of Highland Beach Development Order Approval Application (dated 10/17/23) 2. FDEP Exemption confirmation (dated 7/26/23) 3. Plan set, (dated 2/15/24) 4. Site Survey (dated 10/18/23) 5. Town Code Section 30-68 This review was limited to the information as provided above and was primarily focused on the proposed structure relative to provisions of Town Code and standard practice. No additional investigations or studies were conducted. It is noted that the proposed boat lift is a replacement structure for an existing boat lift on the property within the same general footprint. Page 16 Page 2 of 5 APPLIED TECHNOLOGY & MANAGEMENT, INC. Coastal, Environmental, Marine & Water Resources Engineering Review relative to Town Code There are several provisions of relevance within the Town Code regarding the installation of boat lift. These are summarized in the following: Sec. 30-68 Supplemental district regulations (g) accessory marine facilities. The proposed boat lift is appropriately addressed as an ‘accessory marine facility’ as defined in the Code. Sec. 30-68 Supplemental district regulations (g)(1)c. Accessory marine facilities shall not be a hazard to navigation. The Code does not reference a specific performance standard (see discussion below). In general, the proposed structure does not impede fairway access beyond established standards within this canal (see further discussion below). Sec. 30-68 Supplemental district regulations (g)(3). Lifting devices are allowed under the requirements for a special exception. The planning board must also find that the lifting device will provide adequate protection of neighboring property and that there is no infringement of standard navigation practices. Additional discussion regarding navigation is provided below. Sec. 30-68 Supplemental district regulations (g)(6)d.2. Marine facilities shall comply with side yard setbacks. While this property is utilized for a single-family residence, it is within a multifamily zoning district. Multi-family zoning districts are exempt from side yard setback requirements for all interior lot lines. Sec. 30-68 Supplemental district regulations (h)(1)a. Installation is subject to special exception approval by the planning board. Sec. 30-68 Supplemental district regulations (h)(1)b. The facility is located in a canal or waterway at least eighty (80) feet in width. As denoted within the plans provided, the nominal canal width at the south property line is 85’-9”. It is noted that existing docks and mooring dolphins protrude into this distance, however, the Code does not specifically account for these structures in the width determination. Page 17 Page 3 of 5 APPLIED TECHNOLOGY & MANAGEMENT, INC. Coastal, Environmental, Marine & Water Resources Engineering Sec. 30-68 Supplemental district regulations (h)(4). Adjacent Property. The installation shall not cause a hazardous interference with navigation, endanger life or property or deny the adjacent property owners or public of reasonable visual access to the public waterway. Additional discussion regarding navigation provided below. Sec. 30-68 Supplemental district regulations (h)(4). Navigation. Installation of the mooring facilities shall not infringe upon standard navigation practices. Additional discussion of navigation is provided below. Navigation Discussion There are several references in Town Code relative to structures and navigation regarding the approval of boat lift facilities. In this case it is additionally noted that the proposed lift is an elevator lift intended to replace an existing pile supported lift within the same general location. The subject lot (1002 Grand Court) is one lot removed from the end of the canal and navigation is restricted by the canal end and current use. The adjacent property at the end of the canal has a boat lift structure that is oriented just outside (canal ward) of the existing boat lift on this property. Both lots and lifts are constrained by the existing site geometry but in principle there is current access to both boat lifts. The proposed new lift would maintain this current, existing orientation for both lots. The new lift would allow for the removal of the two dolphin piles at the seaward extent of the lift which represents a slight improvement in accessibility, though the lift itself extends approximately the same distance into the canal. Lot Setback The lot width is nominally 44’3” and the proposed lift structure would be offset by 19’5” from the south property line and 11’2” from the north property line. Any vessel on the lift would effectively span the entire width of the lot. These dimensions are similar to the setbacks that exist for the current boat lift on the property which would be replaced by the new lift. As this lot is zoned multifamily there are no minimum setback requirements. Given the overall dimensions of the lot and the size of the intended vessel, there is little room for movement in the lift location to increase the lot setback. Page 18 Page 4 of 5 APPLIED TECHNOLOGY & MANAGEMENT, INC. Coastal, Environmental, Marine & Water Resources Engineering Regulatory Approvals The Applicant has provided documentation that the lift is exempt from FDEP permitting requirements and qualifies for Federal authorization pursuant to the State Programmatic General Permit VI-RI. Lift Height The plan drawings denote a lift height of 6’6” above the existing dock deck. This in principle meets the height provisions of Sec. 30-131 of municipal code. The elevator lift does not require additional piles within the canal which is a minor improvement to navigability and visual impact in comparison to the existing boat lift on the property. Proposal Discussion The proposed boat lift is a replacement of an existing pile lift with an elevator lift. The new lift allows for the removal of the two dolphin piles associated with the existing lift which represents a minor improvement in site conditions, thought the site is still very constrained particularly by the size of vessel intended for the lift. The new lift essentially replaces the existing lift on the site and maintains the status quo regarding navigability and visual impact. Access would remain to the lift on the adjacent property similar to the existing site condition. Conclusions The proposed lift is in general conformance with the requirements of municipal code, though it is noted that approval is a special exception to code that must be granted by the planning board. The proposed lift maintains the current status quo in the vicinity of the lift relative to access, navigability and visual impact. Page 19 Page 5 of 5 APPLIED TECHNOLOGY & MANAGEMENT, INC. Coastal, Environmental, Marine & Water Resources Engineering Sincerely, Applied Technology & Management, Inc. Michael G. Jenkins, Ph.D., P.E. Coastal Engineering Principal Florida Professional Engineer, Lic.No. #58072 Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. The signed and sealed document consists of 5 pages. Michael Jenkins, PhD, PE Digitally signed by Michael Jenkins, PhD, PE Date: 2024.03.11 15:55:37 -04'00' Page 20 www.floridadep.gov FF L O R I D AA DD E P A R T M E N TT O FF EEnvironmentall Protection Southeast District Office 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 561-681-6600 Ronn DeSantis Governor Jeanette Nuñez Lt. Governor Shawnn Hamilton Secretary 07/26/2023 Camron Walsh 1002 Grand Court Highland Beach FL, 33487 Sent via agents’ e-mail:mbutler@coastal-engineers.com Re: File No.: 50-0437784-001-EE File Name: 1002 Grand Court Boat Lift Replacement Dear Mr. Camron Walsh: On July 18, 2023, we received your request for verification of exemption to remove an existing boat lift and to install a new elevator boat lift at an already existing single-family dock. The project is located in the Intracoastal Waterway, Class III Waters, adjacent to 1002 Grand Court, Highland Beach (Section 09, Township 47 South, Range 43 East), in Palm Beach County (Latitude N 26°23'36.2134", Longitude W 80°4'4.9234"). 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 qualifies for all three. However, this letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. 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 Michelle Miles at the letterhead address or at Michelle.Miles@FloridaDEP.gov. 1. Regulatory Review – VERIFIED Based on the information submitted, the Department has verified that the activity as proposed is exempt, under Chapter 62-330.051 (5)(h), Florida Administrative Code, from the need to obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes. Page 21 Project No.: 50-0437784-001-EE Project Name: 1002 Grand Court Boat Lift Replacement Page 2 of 5 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 - APPROVED Your proposed activity as outlined in your application and attached drawings qualifies for Federal authorization pursuant to the State Programmatic General Permit VI-R1, and a SEPARATE permit or authorization will not be required from the U.S. Army Corps of Engineers. Please note that the Federal authorization expires on July 27, 2026. However, your authorization may remain in effect for up to 1 additional year, if provisions of Special Condition 15 of the SPGP VI-R1 permit instrument are met. You, as permittee, are required to adhere to all General Conditions and Special Conditions that may apply to your project. Special conditions required for your project are attached. A copy of the SPGP VI-R1 with all terms and conditions and the General Conditions 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 a subsequent order of the Department. Because the 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. Page 22 Project No.: 50-0437784-001-EE Project Name: 1002 Grand Court Boat Lift Replacement Page 3 of 5 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 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 Page 23 Project No.: 50-0437784-001-EE Project Name: 1002 Grand Court Boat Lift Replacement Page 4 of 5 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 24 Project No.: 50-0437784-001-EE Project Name: 1002 Grand Court Boat Lift Replacement Page 5 of 5 EXECUTION AND CLERKING Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION _________________________________ William Lange Environmental Permitting Manager Southeast District Enclosures: Attachment A- Specific Exemption Rule Special Conditions for Federal Authorization for SPGP VI-R1 General Conditions for Federal Authorization for SPGP VI-R1 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 – William Lange, Michelle Miles Matthew D. Butler, Isiminger & Stubbs Engineering, Inc., mbutler@coastal-engineers.com Additional mailings: SPGP, nmfs.ser.statewideprogrammatic@noaa.gov ; spgp@usace.army.mil 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. ___________ ____________ Clerk Date 7/26/2023 Page 25 Attachment A Chapter 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., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable. (5) Dock, Pier, Boat Ramp and Other Boating-related Work ௅ (h) The installation of a pile-supported boat lift within an existing mooring area at a docking facility that is legally in existence, provided: 1. Such installation does not conflict with a condition of a permit issued thereunder; 2. The boat lift does not include additional structures, such as platforms, cat walks, and roofs. Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.406, 373.4131, 373.4145, 373.415, 403.813(1) FS. History–New 10-1-13, Amended 6-1-18. Page 26 Special Conditions for Federal Authorizations for SPGP VI-R1 1. Authorization, design and construction must adhere to the terms of the SPGP VI instrument including the General Conditions for All Projects, Special Conditions for All Projects, Applicable activity-specific special conditions, Procedure and Work Authorized sections. 2. Design and construction must adhere to the PDCs for In-Water Activities (Attachment 28, from PDCs AP.7 through AP11, inclusive, of JAXBO) (Reference: JAXBO PDC AP.1.). 3. All activities must be performed during daylight hours (Reference: JAXBO PDC AP.6.). 4. For all projects involving the installation of piles, sheet piles, concrete slab walls or boatlift I-beams (Reference Categories A, B and C of JAXBO PDCs for In-Water Noise from Pile and Sheet Pile Installation, page 86): a. Construction methods limited to trench and fill, pilot hole (auger or drop punch), jetting, vibratory, and impact hammer (however, impact hammer limited to installing no more than 5 per day). b. Material limited to wood piles with a 14-inch diameter or less, concrete piles with a 24-inch diameter/width or less, metal pipe piles with a 36-inch diameter or less, metal boatlift I-beams, concrete slab walls, vinyl sheet piles, and metal sheet piles. c. Any installation of metal pipe or metal sheet pile by impact hammer is not authorized (Reference: Categories D and E of JAXBO PDCs for In-Water Noise from Pile and Sheet Pile Installation, page 86.). d. Projects within the boundary of the NOAA Florida Keys National Marine Sanctuary require prior approval from the Sanctuary (Reference: JAXBO PDCs AP.14 and A1.6). 5. The Permittee shall comply with the “Standard Manatee Conditions for In-Water Work – 2011” (Attachment 29). 6. No structure or work shall adversely affect or disturb properties listed in the National Register of Historic Places or those eligible for inclusion in the National Register. Prior to the start of work, the Applicant/Permittee or other party on the Applicant’s/Permittee’s behalf, shall conduct a search of known historical properties by contracting a professional archaeologist, and contacting the Florida Master Site File at 850-245-6440 or SiteFile@dos.state.fl.us. The Applicant/Permittee can also research sites in the National Register Information System (NRIS). Information can be found at http://www.cr.nps.gov/nr/research. Page 27 a. If, during the initial ground disturbing activities and construction work, there are archaeological/cultural materials unearthed (which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work in the vicinity and notify the Compliance and Review staff of the State Historic Preservation Office at 850-245- 6333 and the Corps Regulatory Archeologist at 904-232-3270 to assess the significance of the discovery and devise appropriate actions, including salvage operations. 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 C.F.R. § 325.7. b. In the unlikely event that human remains are identified, the remains will be treated in accordance with Section 872.05, Florida Statutes; all work in the vicinity shall immediately cease and the local law authority, and the State Archaeologist (850-245- 6444) and the Corps Regulatory Archeologist at 904-232-3270 shall immediately be notified. Such activity shall not resume unless specifically authorized by the State Archaeologist and the Corps. 7. The Permittee is responsible for obtaining any “take” permits required under the U.S. Fish and Wildlife Service’s regulations governing compliance with these laws. The Permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such “take” permits are required for a particular activity. 8. Mangroves. The design and construction of a Project must comply with the following (Reference: JAXBO PDCs AP.3 and AP.12.): a. All projects must be sited and designed to avoid or minimize impacts to mangroves. b. Mangrove removal must be conducted in a manner that avoids any unnecessary removal and is limited to the following instances: (1) Removal to install up to a 4-ft-wide walkway for a dock. (2) Removal of mangroves above the mean high water line (MHWL) provided that the tree does not have any prop roots that extend into the water below the MHWL. (3) Mangrove trimming. Mangrove trimming refers to the removal (using hand equipment such as chain saws and/or machetes) of lateral branches (i.e., no alteration of the trunk of the tree) in a manner that ensures survival of the tree. (a) Projects with associated mangrove trimming waterward of the MHWL are authorized if the trimming: (a) occurs within the area where the authorized structures are placed or will be placed (i.e., removal of branches that overhang a dock or lift), (b) is necessary to provide temporary construction access, and (c) is conducted in a Page 28 manner that avoids any unnecessary trimming. (b) Projects proposing to remove red mangrove prop roots waterward of the MHWL are not authorized, except for removal to install the dock walkways as described above. 9. For Projects authorized under this SPGP VI in navigable waters of the U.S., the Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the 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. 10. Notifications to the Corps. For all authorizations under this SPGP VI, including Self- Certifications, the Permittee shall provide the following notifications to the Corps: a. Commencement Notification. Within 10 days from the date of initiating the work authorized by this permit the Permittee shall submit a completed “Commencement Notification” form (Attachment 8). b. Corps Self-Certification Statement of Compliance form. Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the “Self-Certification Statement of Compliance” form (Attachment 9) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the “Self-Certification Statement of Compliance” form. The description of any deviations on the “Self- Certification Statement of Compliance” form does not constitute approval of any deviations by the Corps. c. Permit Transfer. 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. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date the enclosed form (Attachment 10). d. Reporting Address. The Permittee shall submit all reports, notifications, documentation, and correspondence required by the general and special conditions of this permit to the following address. (1) For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL, 32232-0019. (2) For electronic mail: SAJ-RD-Enforcement@usace.army.mil (not to exceed 10 MB). The Permittee shall reference this permit number, SAJ-2015-2575 on all submittals. Page 29 11. The District Engineer reserves the right to require that any request for authorization under this SPGP VI be evaluated as an Individual Permit. Conformance with the terms and conditions of the SPGP VI does not automatically guarantee Federal authorization. 12. On a case-by-case basis, the Corps may impose additional Special Conditions which are deemed necessary to minimize adverse environmental impacts. 13. Failure to comply with all conditions of the SPGP VI constitutes a violation of the Federal authorization. 14. The SPGP VI will be valid through the expiration date unless suspended or revoked by issuance of a public notice by the District Engineer. The Corps, in conjunction with the Federal resource agencies, will conduct periodic reviews to ensure that continuation of the permit during the period ending expiration date, is not contrary to the public interest. The SPGP VI will not be extended beyond the expiration date but may be replaced by a new SPGP. If revocation occurs, all future applications for activities covered by the SPGP VI will be evaluated by the Corps. 15. If the SPGP VI expires, is revoked, or is terminated prior to completion of the authorized work, authorization of activities which have commenced or are under contract to commence in reliance upon the SPGP VI will remain in effect provided the activity is completed within 12 months of the date the SPGP VI expired or was revoked. Special Conditions for Docks, Piers, Associated Facilities, and other Minor Piling- Supported Structures. 16. Chickees must be less than 500 ft² and support no more than 2 slips (Reference: JAXBO PDC A2.1.6.). 17. The design and construction of a Project over marsh (emergent vegetation) must comply with the following: a. The piling-supported structure shall be aligned so as to have the smallest over- marsh footprint as practicable. b. The over-marsh portion of the piling-supported structure (decking) shall be elevated to at least 4 feet above the marsh floor. c. The width of the piling-supported is limited to a maximum of 4 feet. Any exceptions to the width must be accompanied by an equal increase in height requirement. 18. Mangroves. For pile-supported structures, the following additional requirements for mangroves found in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Page 30 Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11) shall apply: a. The width of the piling-supported structure is limited to a maximum of 4 feet. b. Mangrove clearing is restricted to the width of the piling-supported structure. c. The location and alignment of the piling-supported structure should be through the narrowest area of the mangrove fringe. 19. Regarding SAV, the design and construction of a Project must comply with the following: a. A pile supported structure (1) that is located on a natural waterbody (i.e. outside an artificial waterway that was excavated for boating access and is bordered by residential properties); and (2) that is within the range of seagrass (estuarine waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and Volusia north of Ponce Inlet), but outside of the range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida) will be constructed to the following standards: (a) If no survey is performed in accordance with the methods described in the Procedure section of this document, section I.3, then SAV is presumed present and the pile-supported structure must comply with, or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling- Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11). For the purposes of SPGP, two uncovered boatlifts are allowed. (i) If the pile supported structure is currently serviceable, repair and replacement may occur in the same footprint without completion of a benthic survey. (ii) Boatlifts and minor structures in Monroe County may be installed within existing boat slips without completion of a SAV survey. Boatlift accessory structures, like catwalks, shall adhere to “Construction Guidelines in Florida for Minor Piling- Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11) if a SAV survey has not been completed. Page 31 (iii) A marginal dock may be constructed a maximum of 5 feet overwater, as measured from the waterward face (wet face) of the seawall). (b) If a survey is performed in accordance with the methods described in the Procedure section of this document, section I.3, and SAV is present (including seagrass, tidal freshwater SAV and emergent vegetation), then the pile-supported structure must comply with, or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11). For the purposes of this permit, two uncovered boatlifts are allowed. (i) If the pile supported structure is currently serviceable, repair and replacement may occur in the same footprint without completion of a benthic survey. (ii) Boatlifts may be installed within existing boat slips without completion of a SAV survey. (iii) A marginal dock may be constructed a maximum of 5 feet overwater, as measured from the waterward face (wet face) of the seawall). (c) If a survey is performed in accordance with the methods described in the Procedure section of this document, section I.3, and SAV is absent (including seagrass, tidal freshwater SAV and emergent vegetation), then no design restrictions are required and boatlifts may include a cover. (d) A pile supported structure (i) that is located on a natural waterbody (i.e. outside an artificial waterway that was excavated for boating access and is bordered by residential properties); and (ii) that is within the range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida) but not within Johnson’s seagrass critical habitat will be constructed to the following standards: (iii) If no survey is performed in accordance with the methods described in the Procedure section of this document, section I.3, then seagrass is presumed present and the pile-supported structure must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11) with the sole exception of the number of allowable boat lifts. For the purposes of this permit, two uncovered boatlifts are allowed. Page 32 (e) If a survey is performed in accordance with the methods described in the Procedure section of this document, section I.3, and SAV is present (including seagrass, tidal freshwater SAV and emergent vegetation), THEN pile-supported structure must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11). For the purposes of this permit, two uncovered boatlifts are allowed. (f) If a survey is performed in accordance with the methods described in the procedure section of this document, section I.3, and SAV is absent (including seagrass, tidal freshwater SAV and emergent vegetation), THEN no design restrictions are required and boatlifts may include a cover. (g) A pile supported structure located within Johnson’s seagrass critical habitat will be constructed to the following standards: (i) If no survey is performed in accordance with the methods described in the Procedure section of this document, section I.3, then seagrass is presumed present and the pile-supported structure must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11) with the sole exception of the number of allowable boat lifts. For the purposes of this permit, two uncovered boatlifts are allowed. (ii) If a survey is performed in accordance with the methods described in the Procedure section of this document, section I.3, and SAV is absent and the project is 1. A dock replacement in the same footprint, no design restrictions are required. 2. A new dock or dock expansion THEN pile-supported structure must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11). For the purposes of this permit, two uncovered boatlifts are allowed. (iii) If a survey is performed in accordance with the methods described in the Procedure section of this document, section I.3, and SAV is present (including seagrass, tidal freshwater SAV and emergent vegetation), then pile-supported structure must comply with or provide a higher level of protection than, the protective criteria in Page 33 the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11). For the purposes of this permit, two uncovered boatlifts are allowed. 20. North Atlantic Right Whale. The attached North Atlantic Right Whale Information Form (Attachment 30) describes the presence of North Atlantic right whales in the area and the Federal regulations governing the approach to North Atlantic right whales. The FDEP or Designee will attach the North Atlantic Right Whale Information Form to their authorizations for any dock project (new construction, repair, or replacement) at a private residence located within 11 nautical miles of an inlet that leads to areas within the known range of North Atlantic right whale. These zones, with an 11 nm radius, are described by the North Atlantic Right Whale Educational Sign Zones, Attachment 7 (from Section 2.1.1.4 of JAXBO, pages 31 and 32, inclusive). (Reference JAXBO PDC A2.4). 21. Educational Signs. For commercial, multi-family, or public facilities, and marine events, signs must be posted as described below (Reference: These replicate JAXBO PDCs A.2.2 and A.2.2.1 to A.2.2.3., inclusive, within the table PDCs Specific to Activity 2 - Pile Supported Structures and Anchored Buoys, starting on page 112.): a. For commercial, multi-family, or public facilities, and marine events, signs must be posted in a visible location(s), alerting users of listed species in the area susceptible to vessel strikes and hook-and-line captures. The most current version of the signs that must be downloaded and sign installation guidance are available at: (https://www.fisheries.noaa.gov/southeast/consultations/protected-species- educational- signs). The signs required to be posted by area are stated below: https://www.fisheries.noaa.gov/southeast/consultations/protected-species- educational- signs (1) All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin sign. These signs shall include contact information to the sea turtle and marine mammal stranding networks and smalltooth sawfish encounter database. (2) Projects within the North Atlantic right whale educational sign zone shall post the Help Protect North Atlantic Right Whales sign. (3) On the east coast of Florida, projects located within the St. Johns River and those occurring north of the St. Johns River to the Florida-Georgia line shall post the Report Sturgeon sign. On the west coast of Florida, projects occurring from the Cedar Key, Florida north to the Florida-Alabama line. 22. Monofilament Recycling Bins. For commercial, multi-family, or public facilities, monofilament recycling bins must be provided as described below (Reference: The Page 34 below replicates PDC A.2.3 within the table PDCs Specific to Activity 2 – Pile Supported Structures and Anchored Buoys, the PDC itself on page 113 of the JAXBO.): a. For commercial, multi-family, or public facilities, monofilament recycling bins must be provided at the docking facility to reduce the risk of turtle or sawfish entanglement in, or ingestion of, marine debris. Monofilament recycling bins must: (1) Be constructed and labeled according to the instructions provided at http://mrrp.myfwc.com. (2) Be maintained in working order and emptied frequently (according to http://mrrp.myfwc.com standards) so that they do not overflow. 23. Lighting for docks installed within visible distance of ocean beaches. If lighting is necessary, then turtle-friendly lighting shall be installed. Turtle-friendly lighting is explained and examples are provided on the Florida Fish and Wildlife Conservation Commission website: http://myfwc.com/wildlifehabitats/managed/sea-turtles/lighting/ (Reference: JAXBO PDC A2.8.). 24. Construction Location. Project construction shall take place from uplands or from floating equipment (e.g., barge); prop or wheel-washing is prohibited (Reference: JAXBO PDC A2.9.). 25. Aids to Navigation (ATONs). ATONs must be approved by and installed in accordance with the requirements of the U.S. Coast Guard (i.e., 33 C.F.R., chapter I, subchapter C, part 66, Section 10 of the Rivers and Harbors Act, and any other pertinent requirements) (Reference: JAXBO PDC A2.5.). 26. Aids to Navigation (ATONs) in Acropora critical habitat. The distance from ATONs to ESA-listed corals and Acropora critical habitat (Attachment 20) shall ensure there are no impacts to the corals or the essential feature of Acropora critical habitat from the movement of buoys and tackle. The appropriate distance shall be based on the size of the anchor chain or other tackle to be installed to secure the buoy to its anchor, particularly when the design of the ATON does not prohibit the contact of tackle with the marine bottom. In all cases, buoy tackle will include flotation to ensure there is no contact between the anchor chain or line and the marine bottom (Reference: JAXBO PDC A2.10.). 27. Within Loggerhead sea turtle critical habitat (Reference: JAXBO PDC A2.15.): (1) ATONs (pile-supported and anchored buoys) are allowed in nearshore reproductive habitat of the Northwest Atlantic Distinct Population Segment (NWA DPS) of loggerhead sea turtle critical habitat. (2) No other pile-supported structures are allowed in nearshore reproductive habitat. Page 35 General Conditions for All Projects: 1. The time limit for completing the work authorized ends on July 27, 2026. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner on the enclosed form (Attachment 10) and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. 6. You must allow representatives 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. Further Information: 1. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 2. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: Page 36 a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or Construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 3. Reliance on Applicant’s Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 3 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. 5. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CER 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. 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. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date the enclosed form. Page 37 7. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation or alteration. Page 38 Department of the Army Permit Transfer for SPGP VI-R1 PERMITEE: _________________________________________________ PERMIT NUMBER: ___________________________________ DATE: ___________ ADDRESS/LOCATION OF PROJECT: ______________________________________________________________________ ______________________________________________________________________ (Subdivision) (Lot) (Block) 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 Branch, Post Office Box 4970, Jacksonville, FL 32232-0019. ___________________________________________ _____________________ (Transferee Signature) (Date) _____________________________________________________________________ (Name Printed) _____________________________________________________________________ (Street address) ______________________________________________________________________ (Mailing address) ______________________________________________________________________ (City, State, Zip Code) Page 39 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 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 Florida Fish and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com/manatee). One sign which reads Caution: Boaters must be posted. A second sign measuring at least 81/2" 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. Questions concerning these signs can be sent to the email address listed above. Page 40 Page 41 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water-related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service’s Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at “no wake/idle” speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will preferentially follow deep-water routes (e.g., marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service’s Protected Resources Division (727-824-5312) and the local authorized sea turtle stranding/rescue organization. Page 42 g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. h. Any collision(s) with and/or injuries to any whale, or sturgeon occurring during the construction of a project, shall be reported immediately to NMFS’s Protected Resources Division (PRD) at (727-824-5312). i. Reports to NMFS’s Protected Resources Division (PRD) may be made by email to takereport.nmfsser@noaa.gov. j. Sea turtle and marine stranding/rescue organizations’ contact information is available by region at http://www.nmfs.noaa.gov/pr/health/networks.htm. k. Smalltooth sawfish encounters shall be reported to http://www.flmnh.ufl.edu/fish/sharks/sawfish/sawfishencounters.html. l. All work must occur during daylight hours. Page 43 This item has been digitally signed and sealed by Matthew D. Butler, P.E. on 7/18/2023 using a Digital Signature. Printed copies of this document are not considered signed and sealed, and the signature must be verified on any electronic copies. 6RXWKHDVW'LVWULFW 3HUPLW1XPEHU 50-437784-001-EE Page 44 This item has been digitally signed and sealed by Matthew D. Butler, P.E. on 7/18/2023 using a Digital Signature. Printed copies of this document are not considered signed and sealed, and the signature must be verified on any electronic copies. 6RXWKHDVW'LVWULFW 3HUPLW1XPEHU 50-437784-001-EE Page 45 This item has been digitally signed and sealed by Matthew D. Butler, P.E. on 7/18/2023 using a Digital Signature. Printed copies of this document are not considered signed and sealed, and the signature must be verified on any electronic copies. 6RXWKHDVW'LVWULFW 3HUPLW1XPEHU 50-437784-001-EE Page 46 This item has been digitally signed and sealed by Matthew D. Butler, P.E. on 7/18/2023 using a Digital Signature. Printed copies of this document are not considered signed and sealed, and the signature must be verified on any electronic copies. 6RXWKHDVW'LVWULFW 3HUPLW1XPEHU 50-437784-001-EE Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 PUBLIC NOTICE APPLICATION NO. 23-0015 500 Ft Public Notification Boundary 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, April 11, 2024 at 9:30 AM in the Community Room of the Town Library located at 3618 South Ocean Boulevard, Highland Beach, Florida to consider the following application. APPLICATION BY WILLIAM THOMAS, UNLIMITED PERMIT SERVICES, INC., FOR A SPECIAL EXCEPTION REQUEST TO INSTALL A 27,000 POUND CAPACITY ELEVATOR BOAT LIFT FOR THE PROPERTY LOCATED AT 1002 GRAND COURT. 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 57 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 11720-Notice of Public Meeting , Was published in said newspaper by print in the issues of, and by publication on the newspaper¶s website, if authorized on Apr 01, 2024 SSC_Notice of Public Meeting 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: April 01, 2024. 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 7608120 SUN-SENTINEL Page 58 Order # - 7608120 SUN-SENTINEL Page 59 File Attachments for Item: B. Development Order Application No. 24-0002 / Patti & Alan Masarek Application by Lawrence Frankel, Frankel Homes, for a major modification to an existing building as provided in section 30-39 of the town code of ordinances including but not limited to additional square footage, and changes to the exterior façade, and roof line for the property located at 3515 South Ocean Boulevard. Page 60 PLANNING BOARD STAFF REPORT MEETING OF: April 11, 2024 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY LAWRENCE FRANKEL, FRANKEL HOMES, FOR A MAJOR MODIFICATION TO AN EXISTING BUILDING AS PROVIDED IN SECTION 30-39 OF THE TOWN CODE OF ORDINANCES INCLUDING BUT NOT LIMITED TO ADDITIONAL SQUARE FOOTAGE, AND CHANGES TO THE EXTERIOR FAÇADE, AND ROOF LINE FOR THE PROPERTY LOCATED AT 3515 SOUTH OCEAN BOULEVARD. (DO#24-0002). Applicant (Property Owner): Alan B. & Patti M. Masarek 3515 South Ocean Boulevard Highland Beach, FL 33487 Applicant’s Agent: Lawrence Frankel Frankel Homes 1030 Wallace Drive, Suite A Delray Beach, FL 33444 Property Characteristics: Comprehensive Plan Land Use: Multi Family Low Family Zoning District: Residential Multiple Family Low Density (RML) Parcel PCN#: 24-43-46-33-00-004-0140 Site Location: 3515 South Ocean Boulevard GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 61 Property Background According to the Palm Beach County Property Appraiser, the existing home was built in 1996. Request and Analysis: The Applicant is proposing a major modification to an existing single-family home located at 3515 South Ocean Boulevard. Pursuant to Section 30-39 of the Town Code, major modifications to existing buildings are described as follows: “…that alter existing principal or accessory structures, including but not limited to the building footprint, number of square feet, building height, number of dwelling units, parking requirements, change in exterior facade, change of use, change of roof line, change of elevation, all exterior walls, balconies, foundations, accessory structures, and similar substantial improvements as determined by the building official. The proposed major modification consists of the following: - Additional square footage under AC totaling 347 square feet. - A new covered entry. - Exterior façade changes including but not limited to alterations to windows, doors, balconies, railings, and columns. - Alteration of the roof line. The Applicant has indicated that all existing landscaping on the property and in Florida Department of Transportation’s (FDOT) right -of-way located adjacent to the property will remain. In addition, given the proposed major modification project will occur west of the Coastal Construction Control Line, a Florida Department of Environmental Protection (FDEP) permit for such modification is not required (see attached email correspondence from F DEP). According to Section 30-39(b) of the Town Code, major building modifications are to be reviewed in the same manner as an original structure or use as required by Chapter 30 (Zoning Code). Section 30-31 of the Town Code requires site plan approval from the Planning Board for new single-family residences. Pursuant to Section 30-22 of the Town Code, when acting in a decision-making capacity, the Planning Board shall approve, approve with conditions, or deny applications for development approval which includes major modifications. If the request is approved by the Planning Board and 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 of the approved major modification shall be initiated within two (2) years following the date of approval by the Planning Board. Staff has reviewed the Applicant’s proposed request including plans date stamped received by the Building Department on March 27, 2024 and finds that the project is consistent with the Code of Ordinances. Page 62 Should you have any questions, please feel free to contact me at (561) 637-2012 or iallen@highlandbeach.us Ingrid Allen Town Planner Attachments: Application Aerials FDEP exemption correspondence Applicant proposed Plans (11X17) Page 63 2 TOWN OF HIGHLAND BEACH DEVELOPMENT ORDER APPROVAL APPLICATION Application # PROPERTY INFORMATION ASSOCIATED WITH THIS APPLICATION Address:PCN: Full Legal Description of the Property [as described in the deed] or reference to an attachment: Zoning District:What is the location of the installation? Ƒ,QWUDFRDVWDO Waterway (ICW)Ƒ Interior Canal/Basin Ƒ N/A PROPERTY OWNER (APPLICANT) INFORMATION Name:Phone:Fax: Mailing Address: Email Address: APPLICANT'S AGENT INFORMATION Name:Phone:Fax: Company Name: Mailing Address: Email Address: Provide a detailed description of the proposed project (use additional pages if necessary): 3515 S Ocean Blvd 24-43-46-33-00-004-0140 33-46-43, N 60 FT OF S 770 FT OF GOV LT 4 LYG E OF SR 140 A/K/A CITY LOT NO 83 RML - MULTI-FAMILY LOW-DENSITY ( 24-HIGHLAND BEACH ) PATTI & ALAN MASAREK 3515 S OCEAN BLVD BOCA RATON FL 33487 masarek.patti@gmail.com / amasarek123@gmail.com 919-425-8248 Lawrence Frankel larry@frankelhomesfl.com (561) 994-6443 Frankel Homes 1030 Wallace Dr suite a, Delray Beach, FL 33444 ADDITION AND INTERIOR/EXTERIOR ALTERATIONS TO EXISTING SINGLE FAMILY RESIDENCE. The architectural changes consist of removing partial flat roofs to introduce flat tile sloped roof keeping the height withing the allowable building height, new windows and exterior doors with black frame color and muntins, replacing the exterior railings to match the architecture, converting existing round columns to square with added capital and base detail, removing existing faux wood banding, and existing spiral staircase to be refurbished. Page 64 3 I give permission to the members of the Town Commission, Planning Board and staff to inspect the property for the purpose of this application. I declare that all statements made herein are true, based upon the best available information. Willful false statements may jeopardize the validity of my application or any decision issued thereon. I have fully read the information outlining the application requirements. With this application, I am submitting the necessary supporting materials listed. Applicant’s Signature: Date: Applicant’s Printed Name___________________________________________ Received by the Town Clerk’s Office: Received By: Date: Date Public Notices Mailed: Date Legal Advertisement Published: $ODQ%0DVDUHN Page 65 Palm Beach County, None Legend ±0 0.01 0.020 Miles Scale: 1:576 Date: 3/28/2024 Time: 10:17 AM 3515 S. Ocean Blvd. Page 66 3515 South Ocean Boulevard01/01/2024(front)Page 67 3515 South Ocean Boulevard (rear)01/01/2024Page 68 Anthony Fichera <anthonyjfichera@gmail.com> Highland Beach DO - CCL Compliance (3515 S Ocean Blvd, Highland Beach FL 33487) 5 messages Anthony Fichera <anthonyjfichera@gmail.com>Tue, Jan 23, 2024 at 4:02 PM To: David.Kieckbusch@floridadep.gov Good Afternoon David - Was given your contact information from Ingrid Allen, the Town of Highland Beach Planner. We are submitting a Development Order for renovating this existin SFR, she advised that I reach out to ensure that the scope of work proposed in the permit set attached does not trigger the requirement for any DEP Approvals since we are not changing the footprint to the rear of the SFR East of the CCCL line, we are just bumping out the front slightly. Based on the drawings attached, we are just looking for confirmation that we are in compliance and will not require any permitting from DEP. Ingrid advised that you would be the best to speak with, appreciate any assistance. Please confirm receipt and advise. Thank you! Regards, Anthony Fichera AJF Permit Solutions (561) 715-8609 www.ajfpermitsolutions.com anthonyjfichera@gmail.com 147 Coconut Key Ln, Delray Beach FL 33484 2 attachments 5973-PERMIT NAVD 1988(1-22-24)_DS.PDF 470K MASAREK DEVELOPMENT ORDER PERMIT SET-012224-S&S.pdf 23391K Kieckbusch, David <David.Kieckbusch@floridadep.gov>Wed, Jan 24, 2024 at 1:41 PM To: Anthony Fichera <anthonyjfichera@gmail.com> Anthony,Page 69 You are changing the footprint of the overall structure? Regards, David From: Anthony Fichera <anthonyjfichera@gmail.com> Sent: Tuesday, January 23, 2024 4:03 PM To: Kieckbusch, David <David.Kieckbusch@FloridaDEP.gov> Subject: Highland Beach DO - CCL Compliance (3515 S Ocean Blvd, Highland Beach FL 33487) EXTERNAL MESSAGE This email originated outside of DEP. Please use caution when opening attachments, clicking links, or responding to this email. Good Afternoon David - Was given your contact information from Ingrid Allen, the Town of Highland Beach Planner. We are submitting a Development Order for renovating this existin SFR, she advised that I reach out to ensure that the scope of work proposed in the permit set attached does not trigger the requirement for any DEP Approvals since we are not changing the footprint to the rear of the SFR East of the CCCL line, we are just bumping out the front slightly. Based on the drawings attached, we are just looking for confirmation that we are in compliance and will not require any permitting from DEP. Ingrid advised that you would be the best to speak with, appreciate any assistance. Please confirm receipt and advise. Thank you! Regards, Page 70 Anthony Fichera AJF Permit Solutions (561) 715-8609 www.ajfpermitsolutions.com anthonyjfichera@gmail.com 147 Coconut Key Ln, Delray Beach FL 33484 Anthony Fichera <anthonyjfichera@gmail.com>Wed, Jan 24, 2024 at 1:53 PM To: "Kieckbusch, David" <David.Kieckbusch@floridadep.gov> Good Afternoon David - The front elevation or Western most side of the house is being expanded slightly more to the west. Any work that is to be done lies west of the CCCL. Regards, Anthony Fichera AJF Permit Solutions (561) 715-8609 www.ajfpermitsolutions.com anthony@ajfpermitsolutions.com 147 Coconut Key Ln, Delray Beach FL 33484 [Quoted text hidden] Kieckbusch, David <David.Kieckbusch@floridadep.gov>Wed, Jan 24, 2024 at 2:00 PM To: Anthony Fichera <anthonyjfichera@gmail.com> Anthony, You are exempt from permitting for the proposed renovation/construction. Regards, David From: Anthony Fichera <anthonyjfichera@gmail.com> Sent: Wednesday, January 24, 2024 1:54 PM To: Kieckbusch, David <David.Kieckbusch@FloridaDEP.gov> Subject: Re: Highland Beach DO - CCL Compliance (3515 S Ocean Blvd, Highland Beach FL 33487) EXTERNAL MESSAGE This email originated outside of DEP. Please use caution when opening attachments, clicking links, or responding to this email. Good Afternoon David -Page 71 The front elevation or Western most side of the house is being expanded slightly more to the west. Any work that is to be done lies west of the CCCL. Regards, Anthony Fichera AJF Permit Solutions (561) 715-8609 www.ajfpermitsolutions.com anthony@ajfpermitsolutions.com 147 Coconut Key Ln, Delray Beach FL 33484 [Quoted text hidden] [Quoted text hidden] Anthony Fichera <anthonyjfichera@gmail.com>Wed, Jan 24, 2024 at 3:50 PM To: Larry Frankel <larry@frankelhomesfl.com> Good News!! Got it in writing. With regard to the Authorized Agent Form, see attached. Regards, Anthony Fichera AJF Permit Solutions (561) 715-8609 www.ajfpermitsolutions.com anthony@ajfpermitsolutions.com 147 Coconut Key Ln, Delray Beach FL 33484 [Quoted text hidden] Page 72 Highland Beach - Auth Agent Form.pdf 183K Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 PUBLIC NOTICE APPLICATION NO. 24-0002 500 Ft Public Notification Boundary 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, April 11, 2024 at 9:30 AM in the Community Room of the Town Library located at 3618 South Ocean Boulevard, Highland Beach, Florida to consider the following application. APPLICATION BY LAWRENCE FRANKEL, FRANKEL HOMES, FOR A MAJOR MODIFICATION TO AN EXISTING BUILDING AS PROVIDED IN SECTION 30- 39 OF THE TOWN CODE OF ORDINANCES INCLUDING BUT NOT LIMITED TO ADDITIONAL SQUARE FOOTAGE, AND CHANGES TO THE EXTERIOR FAÇADE, AND ROOF LINE FOR THE PROPERTY LOCATED AT 3515 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. 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 82 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 11720-Notice of Public Meeting , Was published in said newspaper by print in the issues of, and by publication on the newspaper¶s website, if authorized on Apr 01, 2024 SSC_Notice of Public Meeting 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: April 01, 2024. 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 7608065 SUN-SENTINEL Page 83 Order # - 7608065 SUN-SENTINEL Page 84