TOWN OF HIGHLAND BEACH NOTICE OF VIRTUAL ......John Lang and David Nutter , the Authorized Agent from Boat Lifts and Docks of South Florida. 6. PUBLIC COMMENT was limited to five (5)

TOWN OF HIGHLAND BEACH NOTICE OF VIRTUAL PLANNING BOARD REGULAR MEETING

THURSDAY, JULY 9, 2020 AT 9:30 AM

MEETING NOTICE PARTICIPATION

The Town of Highland Beach Planning Board will be conducting a “Virtual” Planning Board meeting on Thursday, July 9, 2020, at 9:30 A.M. utilizing communications media technology with applicable participants and Town staff participating through video conferencing, via Zoom Video Communications as its communications media technology, in accordance with Governor DeSantis’s Executive Order 20-69 dated March 20, 2020, and Executive Order 20-150 dated June 23, 2020, related to conducting local government public meetings while under public health emergency related to the spread of Novel Coronavirus Disease 2019 (COVID-19). The Orders further allows for local government bodies to utilize communications media technology, such as telephonic and video conferencing.

To obtain a copy of the meeting agenda, please visit the Town’s website at the following webpage: https://mmportal6.teammunicode.com/.

INSTRUCTIONS FOR VIEWING THE MEETING AND FOR PUBLIC PARTICIPATION

ZOOM - VIA ZOOM ONLINE:

Live streaming of the meeting can be accessed on the Town’s webpage athttps://highlandbeach.us/highland-beach-television-2.

Access to the meeting will begin at 9:30 AM, the day of the meeting. Meeting access information and instructions will be provided to participants two hours

(7:30 AM) prior to the start of the meeting. The video camera display feature will be disabled for public use.

For additional information on the use of Zoom, please visit Zoom Support at the following link: https://support.zoom.us/hc/en-us.

PROVIDING PUBLIC COMMENT:

To join public comment participation during the meeting, all interested persons must preregisterin advance with Town Clerk’s Office staff by utilizing the following methods:

Webpage https://mmportal6.teammunicode.com// (at the top of the page you will find the “PublicComments” section) or by email at [email protected]. Public comments viathese means will be accepted up until 9:30 AM on Wednesday, July 8, 2020.

Once the meeting is in progress and reaches the applicable public comment section, the host of themeeting will allow for live public comment from preregistered participants who will be waiting ina virtual waiting room.

Live public comments will be limited to five minutes per person at the beginning of the meetingonly. Emailed comments will be read into record by applicable staff.

Should you have any questions regarding the above matters, please contact Deputy Town Clerk Beverly Wright at (561) 278-4548.

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https://mmportal6.teammunicode.com/https://highlandbeach.us/highland-beach-television-2/https://support.zoom.us/hc/en-ushttps://mmportal6.teammunicode.com/https://highlandbeach.us/media-archives-minutes/https://highlandbeach.us/media-archives-minutes/mailto:[email protected]

AGENDA VIRTUAL PLANNING BOARD REGULAR

MEETING

Thursday, July 09, 2020 AT 9:30 AM

TOWN OF HIGHLAND BEACH, FLORIDA 3614 S. OCEAN BOULEVARD HIGHLAND BEACH, FL 33487

Telephone: (561) 278-4548

Website: www.highlandbeach.us

TOWN HALL COMMISSION CHAMBERS

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. APPROVAL OF THE AGENDA

5. SWEARING IN OF THE PUBLIC

7. APPROVAL OF MINUTES

A. June 11, 2020

6. PUBLIC COMMENT (limited to five (5) minutes per speaker)

8. UNFINISHED BUSINESS

9. NEW BUSINESS

A. DEVELOPMENT ORDER APPLICATION NO. 19-0001 (RICHARD TOUCHETTE)

APPLICATION BY RICHARD TOUCHETTE REQUESTING AN AMENDMENT TO A PREVIOUSLY APPROVED TEN POST PLATFORM BOAT LIFT (APPLICATION NO. 39412) IN ORDER TO INCREASE THE HEIGHT OF THE BOAT LIFT FOR THE PROPERTY LOCATED AT 1006 GRAND COURT.

Page 2

http://www.highlandbeach.us/

Agenda – Virtual Planning Board Regular Meeting Thursday, July 09, 2020, 9:30 AM Page 2 of 3

B. DEVELOPMENT ORDER APPLICATION NO. 20-0004 (DAVID & DANIELLE SCHNEID)

APPLICATION BY SEATECH CONSTRUCTION FOR A SPECIAL EXCEPTION APPROVAL TO REMOVE A 160 SQUARE FOOT EXISTING DOCK, INSTALL A 820 SQUARE FOOT MARGINAL DOCK, INSTALL A SEAWALL CAP ALONG AN EXISTING 200 LINEAR FOOT SEA WALL, AND INST ALL TWO (2) SEAWALL RETURNS FOR THE PROPERTY LOCATED AT 4410 TRANQUILITY DRIVE.

10. ANNOUNCEMENTS

A. Code Enforcement Board Meeting - July 14, 2020 - 2:00 PM

B. Virtual Town Commission Special Meeting - July 21, 2020 - 1:30 PM

C. Planning Board Meeting - August 13, 2020 9:30 AM

11. ADJOURNMENT Any person that decides to appeal any decision made by the Planning Board with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record including testimony and evidence upon which the appeal is based. (State Law requires the above Notice. Any person desiring a verbatim transcript shall have the responsibility, at his/her own cost, to arrange for the transcript.) The Town neither provides nor prepares such record. There may be one or more Town Commissioners attending the meeting. In accordance with the Americans with Disabilities Act (ADA), persons who need accommodation in order to attend or participate in this meeting should contact Town Hall at (561) 278-4548 within a reasonable time prior to this meeting in order to request such assistance.

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File Attachments for Item:

June 11, 2020

Page 4

TOWN OF HIGHLAND BEACH TOWN VIRTUAL PLANNING BOARD

REGULAR MEETING MINUTES

Town Hall / Commission Chambers Date: June 11, 2020 3614 South Ocean Boulevard Highland Beach, Florida 33487

Time: 9:30 AM

1. CALL TO ORDER

Chairperson Axelrod called the meeting to order at 9:30 AM.

2. ROLL CALL

PRESENT

Member Roger Brown Member Ilyne Mendelson Member Brian DeMoss Member Eric Goldenberg Member Harry Adwar Member John Boden Chairperson David Axelrod Town Attorney Leonard Rubin Town Planner Ingrid Allen Deputy Town Clerk Beverly Wright

3. PLEDGE OF ALLEGIANCE

The Board Members led the Pledge of Allegiance.

4. APPROVAL OF THE AGENDA

Chairperson Axelrod asked if there were any additions, deletions or corrections to the agenda. Hearing none he asked for a motion to accept the agenda, which resulted as follows:

MOTION: Member Adwar moved to accept the agenda as presented, Seconded by Member DeMoss, which passed (7 to 0) unanimously.

5. SWEARING IN OF THE PUBLIC

Chairperson Axelrod asked those giving testimony to raise their right hands, to state and spell their full names and to give their affiliation with the applications being presented to

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Page 5

Virtual Planning Board Regular Meeting Minutes Date: June 11, 2020 Page 2 of 6 be sworn in. Deputy Town Clerk Beverly Wright swore in the following affiliates who gave testimonies: Paul Fischman and Javier of Choeff, Levy, Fishchman Architecture & Design, Molly and John Lang and David Nutter, the Authorized Agent from Boat Lifts and Docks of South Florida. 6. PUBLIC COMMENT was limited to five (5) minutes per speaker. Chairperson Axelrod indicated that there were no written public comments received by the Town Clerk's Office; therefore, there were no public comments. 7. APPROVAL OF MINUTES A. February 13, 2020 Chairperson Axelrod asked the board members if there were any corrections to the February 13, 2020 Minutes. Hearing none, he asked for a motion to approve the minutes, which resulted as follows: MOTION: Member Adwar moved to accept the minutes as presented, Seconded by

Member Mendelson, which passed (7 to 0) unanimously. 8. UNFINISHED BUSINESS There were no Unfinished Business items. 9. NEW BUSINESS A. Welcome New Member Roger Brown Chairperson Axelrod introduced Item 9A to the board members and they welcomed Member Roger Brown to the board. B. Nomination of Chairperson and Vice Chairperson Chairperson Axelrod introduced Item 9B to the board members and asked for a motion to nominate a Chairperson to serve in the capacity for a one-year term, in accordance with the Town's Ordinance, which resulted as follows:

MOTION: Member Goldenberg moved to nominate Chairperson Axelrod as Chairperson for the one-year term, Seconded by Member DeMoss, which passed (7 to 0) unanimously.

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Page 6

Virtual Planning Board Regular Meeting Minutes Date: June 11, 2020 Page 3 of 6 C. Nomination of Vice Chairperson Chairperson Axelrod introduced Item 9C to the board members and asked for a motion to nominate a Vice Chairperson to serve in the capacity for a one-year term, in accordance with the Town's Ordinance, which resulted as follows: MOTION: Member DeMoss moved to nominate Member Goldenberg as Vice

Chairperson for the one-year term, Seconded by Member Mendelson, which passed (7 to 0) unanimously.

D. Discussion on Rooftop Landscaping (Town Planner Allen) Chairperson Axelrod read Item 9D into the record, then turned the item over to Town Planner Allen for discussion. Town Planner Allen read the town's code into records and provided the results she gathered regarding rooftop landscaping. Several of the board members offered their opinions about the topic and suggested that the results provided by Planner Allen were conducive; therefore, there was no need for any further action regarding the matter. E. Discussion on Submerged Land Leases (Town Planner Allen) Chairperson Axelrod read Item 9E into record, then turned the item over to Town Planner Allen for discussion. Town Planner Allen read the town’s code into records and gave a PowerPoint Presentation depicting an aerial photo of a Plat of Bel Lido of Highland Beach, read the legal description of the Plat and discussed delineation of ownership from two Waterbody Ownership Maps, with regards to ownership of the canals. Several of the board members gave their opinions on her outcomes, subsequently agreeing that the results were beneficial for the board and needed no further action. F. DEVELOPMENT ORDER APPLICATION NO. 20-0001 (DAVID & RANDI STANLEY). APPLICATION BY CHOEFF LEVY FISCHMAN ARCHITECTURE DESIGN REQUESTING SITE PLAN APPROVAL FOR A NEW THREE STORY, 10,857 SQUARE FOOT SINGLE-FAMILY RESIDENCE WITH POOL AND SPA LOCATED AT 4206 INTRACOASTAL DRIVE. Chairperson Axelrod read Item 9F into record and asked the board members if they had any ex parte communications? There were no ex parte communications, so he opened the public hearing, calling Town Planner Allen to give recommendations and a presentation on the application. Town Planner Allen advised that there were two inaccuracies at the bottom and top of page 39 of the Planning Report that had been adjusted. The first inaccuracy was language reference to resident family estates, a zoning district, which was adjusted to say

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Page 7

Virtual Planning Board Regular Meeting Minutes Date: June 11, 2020 Page 4 of 6 residential single-family RS. The second inaccuracy was in reference to the language guesthouse, which was adjusted to read site plan approval for a new three-story 10,0857 square-foot single-family residence with a pool; Planner Allen noted that the aforementioned language was advertised in the newspaper as such. Additionally, she provided background information regarding the property, stating that the declarations and unity of titles had been approved by Town Commission on September 19, 2019, and that a demolition permit to demolish the existing family homes was received. She read the town’s building code into record then began discussion on a PowerPoint presentation, which depicted aerials of site plans, and proposed landscape. She advised that staff recommended approval of the application subject to the following conditions: Following approval of the Planning Board and prior to the initiation of construction and the applicant’s requirement to obtain a building permit from the town’s Building Department, pursuant to section 30 of the town’s code of ordinance. Mr. Fischman of Choeff Levy Fischman Architecture Design presented a video presentation reference Item 9F, telling what the development of the future structure would look like. Chairperson Axelrod asked the board members if they had any comments and asked for a motion to approve Item 9F as presented. Collectively, the board members expressed their pleasures about how stunning the video presentation presented by Mr. Fischman was, voicing that it had been the best presentation they had seen in their tenures as board members. MOTION: Vice Chairperson Goldenberg moved to approve Item 9F, Seconded by

Member DeMoss, which passed (7 to 0) unanimously. G. DEVELOPMENT APPROVAL APPLICATION NO. 20-0002 (LARRY & MINDY

HERSKOVITZ). APPLICATION BY DAVID NUTTER, BOAT LIFTS & DOCKS OF SOUTH FLORIDA, FOR A SPECIAL EXCEPTION APPROVAL TO INSTALL A 10,000 POUND CAPACITY BOAT LIFT ON SLIP NO. 7 FOR THE PROPERTY LOCATED AT 1016 BEL AIR DRIVE IN THE YACHTSMAN COVE TOWNHOUSE CONDOMINIUM. Chairperson Axelrod read Item 9G into record and asked the board members if they had any ex parte communications. There were no ex parte communications, so he opened the public hearing, calling Town Planner Allen to give her presentation on the application. Town Planner Allen began her presentation with a PowerPoint, which depicted aerial and site plans photos. She advised the following: That staff had given approved of the application, that Commission had approved a declaration and unity title, that the request was subject to Planning Board approval and that prior to initiation of construction, the applicant was required to obtain a building permit from the town's Building Department, pursuant to section 30 of the town's code of ordinance. She also advised that a variance had been approved at the Board of Adjustment meeting held on June 9, 2020.

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Page 8

Virtual Planning Board Regular Meeting Minutes Date: June 11, 2020 Page 5 of 6 Chairperson Axelrod asked the board if they had any comments, which resulted in minimal dialog among the board members. Thereafter, he asked for a motion to approve the item as presented, which resulted as follows: MOTION: Member DeMoss moved to approve Item 9G, Seconded by Vice Chairperson

Goldenberg, which passed (7 to 0) unanimously. H. DEVELOPMENT APPROVAL APPLICATION NO. 20-0003 (KIMBERLY A. HAPP

TRUST). APPLICATION BY DAVID NUTTER, BOAT LIFTS & DOCKS OF SOUTH FLORIDA, FOR A SPECIAL EXCEPTION APPROVAL TO INSTALL A 10,000 POUND CAPACITY BOAT LIFT ON SLIP NO. 3 FOR THE PROPERTY LOCATED AT 1004 BEL AIR DRIVE IN THE YACHTSMAN COVE TOWNHOUSE CONDOMINIUM. Chairperson Axelrod read Item 9H into record and asked the board members if they had any ex parte communications? There were no ex parte communications, so he opened the public hearing, calling Town Planner Allen to give her presentation on the application. Town Planner Allen gave a PowerPoint presentation, which consisted of aerial and site plans. She advised that staff had approved the application, that Commission had approved a declaration and unity title, that the request was subject to Planning Board approval and that prior to initiation of construction, the applicant was required to obtain a building permit from the town's Building Department, pursuant to section 30 of the town' code. She also advised that a variance had been approved at the Board of Adjustment meeting held on June 9, 2020. Chairperson Axelrod asked the board if they had any comments, which resulted in minimal dialog among the board members. Thereafter, he asked for a motion to approve the item as presented, which resulted as follows: MOTION: Vice Chairperson Goldenberg moved to approve Item 9H, Seconded by

Member DeMoss, which passed (7 to 0) unanimously. 10. ANNOUNCEMENTS Chairperson Axelrod read the following announcements into record: A. Virtual Commission Meeting - June 16, 2020, 1:30 PM

11. ADJOURNMENT Chairperson Axelrod asked if there were any other comments before the meeting was adjourned and called for a motion to adjourn the meeting at 10:26 AM. MOTION: Member Adwar moved to adjourn the meeting, Seconded by Vice Chairperson

Goldenberg, which passed (7 to 0) unanimously.

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Page 9

Virtual Planning Board Regular Meeting Minutes Date: June 11, 2020 Page 6 of 6 APPROVED at July 9, 2020 Planning Board Regular Meeting _________________________________ David Axelrod, Chairperson ATTEST:

Transcribed by: Beverly Wright ________________________________________ _____________________________ Beverly Wright Date Deputy Town Clerk

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Page 10

File Attachments for Item:

DEVELOPMENT ORDER APPLICATION NO. 19-0001 (RICHARD TOUCHETTE)

APPLICATION BY RICHARD TOUCHETTE REQUESTING AN AMENDMENT TO A PREVIOUSLY APPROVED TEN POST PLATFORM BOAT LIFT (APPLICATION NO. 39412) IN ORDER TO INCREASE THE HEIGHT OF THE BOAT LIFT FOR THE PROPERTY LOCATED AT 1006 GRAND COURT.

Page 11

PLANNING BOARD

STAFF REPORT

MEETING OF: JULY 9, 2020

TO: PLANNING BOARD

FROM: INGRID ALLEN, TOWN PLANNER

SUBJECT: APPLICATION BY RICHARD TOUCHETTE REQUESTING AN

AMENDMENT TO A PREVIOUSLY APPROVED TEN POST

PLATFORM BOAT LIFT (APPLICATION NO. 39412) IN ORDER TO

INCREASE THE HEIGHT OF THE BOAT LIFT FOR THE

PROPERTY LOCATED AT 1006 GRAND COURT. (APPLICATION NO. 19-0001)

Property Owner: 1006 Grand Court LLC 1006 Grand Court Highland Beach, FL 33487 Applicant: Richard Touchette 1006 Grand Court Highland Beach, FL 33487

Property Characteristics:

Comprehensive Plan Land Use: Multi Family Low Density Zoning District: Residential Multiple Family Low Density (RML) Parcel PCN#: 24-43-47-09-00-002-0090

I. GENERAL INFORMATION:

HIGHLAND BEACH BUILDING DEPARTMENT

3614 S. Ocean Boulevard

Highland Beach, FL 33487

Ph: (561) 278-4540

Fx: (561) 265-3582

Page 12

Adjacent Properties:

PARCEL ZONING DISTRICT FUTURE LAND USE

DESIGNATION

North Residential Multiple-Family Low Density (RML)

Multi Family Low Density

South Residential Multiple-Family Low Density (RML)


East Residential Multiple-Family Low Density (RML)


West Residential Multiple-Family Low Density (RML)


Background:

On February 8, 2017, the Planning Board approved a request (Application No. 39412) to install a 40,000 lb., eight (8) post platform boat lift (Attachment No. 1). On October 11, 2017, the Planning Board approved a request (Application No. 39412) to add two (2) additional posts to the previously approved eight (8) post platform boat lift (Attachment No. 2). Note that according to Town electronic records, the Planning Board item packet did not include a boat lift detail sheet (DTL-1). On May 23, 2019, the Town’s Building Official, Jeffrey Massie, issued a Stop Work Order on Permit No. 39412. According to Mr. Massie, the bottom elevation for the boat lift beam is four (4) feet and therefore “…placing the bottom of the boat lift beam at any elevation other than four (4) feet, whether it be lower or higher…” would constitute work not according to plans as defined in Florida Building Code 107.4 (Attachment No. 3).

The Applicant is requesting an amendment to a previously approved ten post platform boat lift (Application No. 39412) in order to increase the height of the boat lift. The Applicant’s Development Order Application (DO No. 19-0001) indicates that the height of the lifting pilings are to be modified and that the revised plans distinguish between the height of the boat lift pilings from the height of the existing dock pilings. The boat lift detail (sheet DTL-1) approved by the Planning Board, as noted above, indicates the height of the boat lift piling and the existing dock pilings at four (4) feet above the existing wood dock. The proposed boat lift detail (sheet DTL-1) provided by the Applicant electronically on May 11, 2020 (hardcopy provided on June 22, 2020) reflects the height of the boat lift pilings at 12 feet above the existing dock decking while the existing dock pilings are shown at four (4) feet above the existing dock decking. As a result, the proposed boat lift pilings are eight (8) feet higher than previously approved by the Planning Board.

II. REQUEST AND ANALYSIS:

Page 13

The Town Code does not provide a maximum height for dock or lift pilings. Section 30-131 of the Town Code defines “boat lifts” as the bottom of the keel of any boat shall not be hoisted greater than one foot above the minimum seawall elevation and in no case shall the lift be higher than the superstructure of the boat when lifted. In addition, Section 30-68(h) of the Town Code provides the following provisions regarding mooring facilities (Section 30-68(h)(1) of the Town Code indicates that dolphins, freestanding pilings, boat lifts, docks and moorings are collectively “mooring facilities”):

-Section 30-68(h)(1)(c) They will not create a hazardous interference with navigation (this is addressed below under the Town’s consultant review), endanger life or property, or deny the public reasonable visual access to public waterways. -Section 30-68(h)(4) Shall not cause a hazardous interference with navigation, endanger life or property, or deny the adjacent property owners or public reasonable visual access to the public waterway.

Pursuant to Section 30-68(h)(3) of the Town Code, the Building Official may request evidence, prepared by a recognized marine expert, demonstrating the proposed mooring facilities will not be a hazard to navigation and will not deny reasonable visual access to public waterways. Accordingly, the Applicant’s May 11, 2020 revised plans (provided electronically) were reviewed by Applied Technology & Management, Inc. (ATM) a coastal and marine engineering consultant. Dr. Michael G. Jenkins, ATM’s Coastal Engineering Principal, provided a technical review report (Attachment No. 4) which includes the following review findings: Boat Lift Height:

1. The top of the lift beam is not shown on sheet DTL-1 but appears to be proposed in sheet DTL-2. The elevation of the lift beam relative to the design and any fixed datum is not provided. This is a material change in the structure.

2. Regarding the requested elevation, the information provided by the Applicant is insufficient to determine if the lift beam or pile height, as proposed, is necessary to meet the design intent.

3. The draft of the vessel is not presented in any supporting documentation as is the elevation relative to the lift beam. Given the intent of the lift is to raise the vessel above a nominal water level, the draft of the vessel is a determining factor in the height that the vessel needs to be raised and consequently the height of the pilings and superstructure needed for the boat lift.

4. No justification for the revised plan dimensions in terms of function or need. 5. The proposed design of the boat lift shows a keel lift elevation of approximately five (5) feet

above Mean High Water (MHW). It is unclear why the vessel needs to be raised to this height. The Town Code includes consideration of impacts to adjacent properties including views and therefore the height of the piles and elevation of the raised vessel are relevant to these provisions and require justification regarding the proposed design elevations.

Dr. Jenkins recommends that as a basis for design evaluation and justification of impacts, additional information and justification is needed with regards to the lift pile elevation, the inclusion of a lift beam at the top of the structure, and the design elevation for the vessel when lifted.

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On June 15, 2020 the Applicant provided a response letter (dated June 12, 2020) to ATM’s report (Attachment No. 5). While ATM’s findings still stand, the following responses provided by David Nutter of B & M Marine Construction are detailed along with staff comment:

1. Mr. Nutter indicates that the lift piling height is not typically called out on plans but is approximately seven (7) feet higher than a dock surface. Therefore, Mr. Nutter indicates that the change in lift piling height is not four (4) feet to twelve feet but instead seven (7) feet to twelve feet. Staff comment: The plans approved by the Planning Board indicate the height of the lift piling and existing wood pilings at four (4) feet from the existing wood dock. Based on these approved plans, the Applicant’s proposed change to the lift pilings is from four (4) feet to twelve feet.

2. Mr. Nutter indicates that the Florida Department of Environmental Protection (FDEP) and the Army Corps of Engineers have approved both the initial (eight) 8 post and subsequent 10 post boat lift. Staff comment: The Applicant had previously obtained FDEP approval (Self Certification File No. 0355323001EE); however, based on the Applicant’s most recent FDEP self-certification document on file, dated June 24, 2017, the self-certification automatically expired since construction of the project was not completed within one (1) year from the self certification date.

As noted above, the Town’s coastal and marine engineering consultant, ATM, recommends that as a basis for design evaluation and justification of impacts, additional information and justification is needed with regards to the lift pile elevation, the inclusion of a lift beam at the top of the structure, and the design elevation for the vessel when lifted. If the Planning Board decides to approve the Applicant’s request, staff recommends the following conditions which are based on the Applicant’s plans set, date stamped received by the Building Department on June 22, 2020:

1. Following approval by the Planning Board and prior to initiation of construction, the Applicant will be required to obtain a building permit (prior permit No. 39412 expired on May 30, 2020) from the Town of Highland Beach Building Department.

2. Prior to issuance of a building permit and pursuant to Section 30-35 of the Town Code of Ordinances, costs incurred by the Town’s expert, ATM, must be fully reimbursed by the Applicant.

3. Prior to issuance of a building permit, the Applicant shall provide approvals by both the Florida Department of Environmental Protection and the United States Army Corps of Engineers.

4. Pursuant to Section 30-21(g)(2) of the Town Code, completion of all conditions of approval shall occur 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

[email protected]

III. Recommendation

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mailto:[email protected]

8/8/20,19

/ .

AT&T Yahoo Mail - Fwd: 1006 Grand Court- Boat lift

----

Provide a brief descrh,tion of the project: Request for 2nd modification for' height of lift pilings - revision to plans to show height of lift 9ilings as differentand sepa·rate from height of existitfi dock pilings; plans to show an specify that _height of 11ft ��u1pment to be."? _h1gh�r an sL1perstructure of vessel as per Code of Ordinances, Section 30-1 �1. Defin1t1ons of Terms:-3'., ,. .

I.give permissi,on to the_ me1nbers of the Planning Board an� staff to inspect the property for. the purpose of this ·app_lic.ition. i dec:lare tlla� ail stateme,nts_ n,ade he.rein are tnl�, based._ upo,u· tbe b.cs:t ava�la�le

.

inform.ation, and f understan_d that wHlful false statementSand the like are misderi1eanors of th� _second degree,�ri��r Se�,ti�n 837 .. 0A,fiori4,a S_t�hit�s: Such\villful f!llse_stut�rti

.ents(li�yjeopardize thtvai1dity of

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□ Plans; til�t ToWJtPf #ighJ�d;. �each Zoning requiremerits, h�wever, approvals are pending with other· governmental agencies requirnments.

D ··:Plans.do not meet Town ofHighlnnd Beach Zoning requirements.

Building Otficial Sign��t1re: -----------------,--- . Date: _____ _

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JUN 16 2020

Page 18

REQUIRED ATTACHMENT TO THE DEVELOPMENT ORDER APPLICATION

Before any Development Order shall be issued the Board shall make written findings certifying compliance with the specific rules governing individual Development Orders, and that satisfactory provisions and arrangements have been made concerning the following, where applicable: Infonnation you provide will assist the Planning Board to determine whether your application meets the minimum criteria for obtaining a Development Order as described in Chapter 30 Zoning Code, Article 3 Development Review of the Code of Ordinances. Use additional pages if necessary. The Planning Board will not consider reference to a development order a complete response to the issue.

Address the issues one at a time and be as detailed as possible. Attach additional sheets if necessary.

A. Building orientation: Buildings shall be oriented to enhance the appearance of the streetscape.l. Building orientation shall ensure that service areas are placed out of view from public rights-of-way, parking areas, and

adjacent properties. Where, because of site constraints service areas can not be so located, such areas shall be screened fromview by vegetative or structural means. Any structural screening shall be architecturally compatible with the principalbuilding in terms of style, colors, construction materials, and finish.

2. Mass, bulk, and scale of all structures shall be compatible with other structures and uses both in the same zoning district andin the neighborhood. NA - installation of boat lift - no change to �uilding

This modification will not impact or effect building onentaflon.

B. Refuse service areas:l. Refuse service areas shall be located in a manner that minimizes impacts to adjacent residential properties.2. Refuse service areas shall be screened from adjacent properties and rights-of-way by an enclosure that is constructed of

durable building materials such as concrete, stone, or brick. The enclosure sh(lll be faced with the same style as the �ade ofthe primary structure on the site. The gate to the enclosure shall have a similar appearance as the fa�dc of the building. Theenclosure shall be the same color as the primary structure.

3. Enclosures shall be large enough and located in a manner that service vehicles can access the dumpster while it is in theenclosure.

NA • installation of boat lift - no change to upland areas

This modification will not impact or effect refuse areas.

C. Mechanical equipment operation and location:I. Mechanical equipment shall be located in a manner that minimizes impacts to adjacent residential properties.2. Mechanical equipment, including equipment located on roofs shall be screened from view of adjacent residential properties

and rights-of-way. Screening shall be of a material that is consistent with the architectu� of the buiJ.ding.NA - installation of boat lift - no change to building accessories or equipment This modification will not impact or effect mechanical equipment.

D. Lighting:l. Outdoor lighting shall be manged so that the light source is shielded from adjacent residential properties and rights-of-way.

Light fixtures shall a type that directs the light downward.2. Outdoor lighting shall be arranged so that no portions of adjacent residential properties are covered by the light shadow.

There shall be no glare or spillover effect of lighting from the property on which a development order is approved to adjacentproperties, and all lighting shall comply with the Palm Beach County Code, relating to safeguarding nesting female andhatchling marine turtles from sources of artificial light

Page 19

- NA - installation of boat lift - no change to site lighting

This modification will not impact or effect lighting.

E. Landscaping and trees: Please refer to Chapter 28 Xeriscape-Landscape Requirements, Installation and Maintenancein the Town of Highland Beach Code of Ordinances.

NA - installation of boat lift - no change to landscaping This modification will not impact or effect landscaping or trees.

F, Signs: Please refer to Chapter 23 Signs and Advertisement in the Town of Highland Beach Code of Ordinances.

NA - installation of boat lift - no change to signage ..... This modification will not impact or effect signage.

G. Walls a,nd Fences: Please refer to Chapter 6 Building and Structures; Article 5 Seawalls; Bulkheads; Retaining Wallsin the Town of Highland Beach Code of Ordinances.

Additional Notes:

NA --installation of boat lift- no change to or installation of walls or fences This modification will not impact or effect walls or fences.

Request is for modification of the installation of an 40000Ib 8-post boatlift to a 40000Ib 10-post boatlift in the same location as the original lift that was approved -no other changes to the upland property are expected or included in this request

This second modification is for the height of the lift pilings and lift equipment, to be hi her than that allowed b the Code of Ordinances, Section 30-131, Definitions

of Terms. The location, position, imens1ons, size an capacI o I wt remain as approved previously with the first modification noted above.

Page 20

- --·· --- -�

(-·- ·-1111111111111111111111

CFN 201.001.93112

OR BK 23864 PG 0738

nus INSTRUMENf PREPARED BY AND RETURN TO: RECORDED 05/25/2018 11: 44: 57 Edgar A. Benes, Esq. Pal■ Beach County, Florida 1 A. BENES, P.A. AftT 3, 101,108. H

W CORPORA TE BL VD Doc Sta■p 21, 781.110 RATON. FLORIDA 33431 Sharon R. Bock, CLERK & CO"PTROLLER Jppraisers Parcel Identification (Folio) N�bers: 24-43-47-09-00--08'40ff38 - 739; '"-""'d other valuable considerations, receipt whereof is herebyacknowledged, hereby �gains, sells, aliens, remises, releases, conveys and confmns unto the Grantee all that ce,'W'��d situate in PALM BEACH County, State of Florida, viz.:

A parcel of land in Sec 9, Township 47 South, Range 43 East, Palm Beach County, Florida, being mo�ularly d�ribed as follows:

Commencing at the point of • tion of the North line of said Section 9 and the West right-of-way line of State A-1-A as laid out and in use (100-foot rigbt-of-way); thence South 89 ° 52' 10" 'w;..6#:inloug said North line of Section 9, a distance of 470.58 feet; thence South 000 0 ,,._,.,..,.,.ast, a distance of 123.95 feet to the Point of Beginning; thence South 29° 17' 3 ' , a distance of 95.93 feet; thence South 55° 27' 31" West, a distance of 221.46 feet; thence South 46° 03' 41" West, a distance of 10.32 feet; thence North 29° 37' 29" West, a distance of 52.43 feet; thence North 60° 14' 43" East, a distance of 68.28 feet; thence North 2!)0 00' 02" West, a distance of 38.58 feet; thence North 51° 10' 50" East, a distance of 164.62 feet to the Point of Beginning.

a/k/a Lot 6 and the southeasterly 35.68 feet of Lot 7, Grand Cay Estates, unrecorded.

Subject property is not now nor bas ever been the Homestead Property of Clair Vanderscbaaf. Clair Vanderscbaaf resides at 1622 Glen Echo Road, Nashville, TN 37215.

SUBJECT TO easements, restrictions, reservations, conditions, declarations, limitations, easements, right of way and zoning ordinances, if any, provided that this shall not serve to re-impose same and taxes for the current year and all subsequent years.

File No: 2811-063

Page 21

(

TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.

"'!i'�")"1:1e grantor hereby covenants with said Grantee that the grantor is lawfully seized of said l&mMIJ)1ee simple; that the Gnmtor has good right and lawful authority to sc;ll and convey said Ian , . d hweby warrants the title to said land and will defend the same against the lawful claims of all �s whomsoever; and tliat said land is free of all encumbrances, except taxes accruing subseq�o December 31, 2009.

. IN �REOF, the said grantor has signed and sealed these presents the day and year first ab�n.

Signed, sealed �ivered in the presence of:

Clair Vanderschaaf

1622 Glen F.cho Road, Nashville, TN 3721S

Witness #2 Printed Name

@ STATE OF TENNESSEE �COUNTY OF .(vr#E.,eP-oA!!P �

The foregoing instrument was acknowl�before me this _Lfj_ day of May, 2010 by Clair . Vanderschaaf who is personally known to me or has produced _________ _

::- �i-� �,\\\11111111,,,,, N Public �,,, \. MOJl�'''"" #',."\ .. � ....•.. If;,,..�

f�/··sTATE····:::-� Jud b•fYkrt-lW-::: --s_. OF \ 'i - • • - Printed Notary Namei* i TENNESSEE }* i s : NOTARY �- s\ •••• PU8UC •• � �� .. .. � riJ,. •• •• �

'"+f..l'(i:······· !,.\# "Vlittn,1111111\"''�

File No: 2811--063

My Commission Expi, -�, May 21, 2011

P::1ae 2 of 2

Page 22

WINCHESTER DESIGN GROUP INC. NAVAL ARCHITECTURE AND MARINE ENGINEERING

11948 NORTH 152nd STREET JUPITER, FLORIDA 33478-3577 TEL: 954 977-9777 / 561 744-770

FAX: 954 977-3166

Attn: Richard Touchette Via email: [email protected]

January 21st, 2020

Ref: Fountain Powerboats, 48 EC (Express Cruiser)

Dear Richard,

[Pa� ©��4�f{j' MAY 11 2020

HIGHLAND BEAChBUILDING DEPARTMENT

This letter is to confirm that I have communicated with Iconic Marine Group, builders of the Fountain 48 Express Cruiser to confirm dimensions of the 2000 to 2009 model, specifically the overall height of the boat to the top of the superstructure.

Iconic has stated that when the vessel's keel line is horizontal, the height from the lowest part of the keel to the tallest part of the superstructure is twelve feet, two inches, (12'- 2").

Definition - "Superstructure" As a naval architect trained in yacht design, the term "superstructure" is defined as being the fixed portion of the sides and roof of any deckhouse, cabin, cabin top, coachroof or other accommodation generating space that is located above the main deck. If there are additional decks above the main deck, then the additional deck would also be included in the term "superstructure".

From https://en.wikipedia.org/wiki/Superstructure :-

A superstructure is an upward extension of an existing structure above a baseline. This term is applied to various kinds of physical structures such as buildings. bridges. or ships having the degree of freedom zero (in the terms of theory of machines). Specifically Aboard ships and large boats:- As stated above, superstructure consists of the parts of the ship or a boat. including sailboats. fishing boats. passenger ships. and submarines. that project above her main deck. This does not usually include its masts or any armament turrets.

The drawing over page shows a side view of the Fountain 48 Express Cruiser with five items called out in red. Those five items are as follows:-

1/ The drawing shows two arrows to the "Top of Fixed Fiberglass Roof- Highest Point of Superstructure". This is the top of the superstructure by any nautical definition including the wikipedia definition shown above.

2/ The drawing shows a single arrow to the "Top of the Forward Deck- Not to be confused with the top of the superstructure". This forward deck is the main deck in the forward part of the boat. Under any nautical definition, including the wikipedia definition above. this deck is not part of the superstructure. The superstructure is any fixed portion of the deck house or cabin structure above this deck. So, the fixed windows, fixed roof. etc., located above this deck all are defined as part of the superstructure.

Page 23

WINCHESTER DESIGN GROUP INC. NAVAL ARCHITECTURE AND MARINE ENGINEERING I &@j�©�DW/�fQ)I'

MAY 11 2020 3/ The drawing shows an angular measurement of "1.7 deg. tr m". H™ ,%1�1�,.of 1:3

7degrees, is the maximum bow up angle that still allows the overall h · tJtt'Cfea,.M)� as when the boat is level. The ability of the boat to maintain the overall heig range of trim is due to the stepped hull design of the Fountain. This stepped hull allows for a small amount of bow up storage trim without increasing the overall height.

4/ The drawing shows a vertical dimension of "12' 2" per Iconic Marine". This is the dimension from the underside of the keel to the top of the superstructure.

5/ The drawing shows a vertical dimension "Overall Height Remains Constant up to 1.7degrees Bow Up Trim". This is the constant height measurement discussed in item 3/ above.

Please see over page for the above described drawing.

In conclusion, the overall height of the 2002 to 2009 model Fountain 48 SC (Express Cruiser, from the underside of the deepest point on the keel to the highest point of the permanent superstructure is shown by the builder to be twelve feet and two inches.

Please do not hesitate to call or write if you have any questions.

Sincerely,

� ••ctroolcSlgMt,�to,,~u '"" Peter Gimpel President PG/je

Page 24

CNERAI.L MElCHT OOWNS

CONSTAAi UP TO

1.7 DEGREES BOif UP

TRll,I

D-��TOP Of flXEO flllERGtASS ROOF - ttGl£ST POIIT Of 5IJf'ERSl1lUCT\

TOP OE F0AWNIO DEC>< HOT TO 8( CONfV$E0 WITH T0fl' OF SUP'EftSTftUCT\

ITI ==

""""

n.llllMMQIHOWl'OIICMIW.1.teCiKTO!lltEIXIO TO:llllltM0011.l'ICll.lffMil ... DPREIICfl..atM �rtJCDC-.CUll'IENTaaJliOIO,fl,e PCUffAINMNll!C'JF�TI.

THl�Ma01ttCWaTHIIWllliUrll9CM'�,.-. ltM.TSTU.w.wf .... MCWBWJ,tealTATHOf l,oallWtlHl!HDaHT'MetMCNmNl'H..

.aaJJN3'1.flDl8>snumJllll'lffltl.Mlll)teafl' CR"-'ICMAJIOIMJ'MI..C...altA!'Cll:I) ffllLIC1\IIIEWITH LMTIDHDOHT'.1HIAC1\W. \UNI. WJ11T•CHeCICl!Df'1011t.""''IOITO,._ICCIJC...wfe ---

WINCHESTER DESIGN GROUP M'f.lt.�W,i,lall.lall:-

Page 25

HIGHLAND BEACH BUILDING DEPARTMENT

3614 S. Ocean Boulevard


Ph: (561) 278-4548

DATE: January 31, 2017

TO: Planning Board

MEmNG OF: February 8, 2017

SUBJECT: 1006 Grand Court

FROM: Kenneth Bauer, Building Official

I. GENERAL INFOIMATION:

AppUcant

Richard Touchette

Property Owner

Name:

Address:

1006 Grand Court LLC/Touchette

1001 Rue Lenoir Ste A50 l

Montreal QC H4C 27 6, Canada

PLANNING BOARD

STAFF REPORT

Property Charaderisttcs

Zoning District:

Site Location:

RML Residential Multiple-Family Low Density

1006 Grand Court

Parcel PCN#: 24-43-47-09-00-002-0090

Request The applicant is proposing the installation of a Platform Boat Lift.

Page 30

PLANNING BOARD

1006 Grand Court

Property

Application # 39412

II. ZONING AND LAND USE:

January 31, 2017

Page 2 of 3

The table below lists the zoning district, existing land use for the subject site and surrounding area.

I Parcel Zoning District Existing Land Use

Subject SHe RML, Residential Multiple-Family RML, Residential Multiple-Family Low Density Low Density

I

RML, Residential Multiple-Family RML, Residential Multiple-Family North Low Density LowDensitv

South RML, Residential Multiple-Family RML, Residential Multiple-Family Low Density Low Density

East RML Residential Multiple-Family RML, Residential Multiple-Family Low Densitv Low Density

West RML, Residential Multiple-Family RML, Residential Multiple-Family Low Density (Water) Low Density {Water)

Ill. ANALYSIS:

Existing Condition The subject property consists of Single Family Residence.

Proposed Changes

The applicant is proposing the installation of a 40,000 lb., eight-post platform boat lift.

Development Standards

Highland Beach Code of Ordinances, Property Development Regulations, Section 30-68(h).

, � • I• • -,..,

,IV. •�PMMENDA'JK)NS; •' .. ., . . . ' . ' '.,' ,;, ... ,' . ��· ,,: � ...... - ... �,- , _, , .. ;

The Town of Highland Beach Building Department has reviewed the construction documents

submitted by the applicant and has found that the proposed Boatlift Installation does comply with

the Highland Beach Code of Ordinances.

Page 31

PLANNING BOARD

1006 Grand Court

Property

Application # 39412

V. OTHER MATTERS:

January 31, 2017

Page 3of 3

The Building Official has reviewed the application and submitted documents on January 31, 2016, and hereby certifies the following action was taken:

[8J Plans meet Town of Highland Beach Zoning and other governmental agenciesrequirements.

D Plans meet Town of Highland Beach Zoning requirements; however, approvals arepending before the Town of Highland Beach will issue permits, with other governmental

agencies as listed:

D Plans do not meet Town of Highland Beach Zoning requirements.

Should you have any further questions with regards to the matter please feel free to contact me at (561) 278-4540 or [email protected]

Respectfully Submitted,

Kenneth Bauer, Building Official

Town of Highland Beach

Transmit To: Valerie Oakes. Town Clerk Date: December 07, 2016

Application No: #39412 Mr. Richard Touchette

Applicant/Owner: Applicant-1006 Grand Court. LLC / Touchette. Owner-

Property Address: 1006 Grand Court, Highland Beach, FL 33487

Submit Application: PLANNING BOARD

Application Type: Site review/Public hearing

Description of Application: Applicant proposes installation of a 40,000 lb., 8 post platform boatlift, at subject property, 1006 Grand Court, Highland Beach. Florida, in the RML (Residential Multi-Family Low Density) zoning district.

:.=----O�FFICIAL HAS REVIEWED THE ABOVE MATTER DATED December 07. 2016, AND ..,c-,..::.-,__�t=- I THAT THE FOLLOWING ACTION WAS TAKEN:

Plans meet own of Highland Beach Zoning and other governmental agencies requirements. Plans m t Town of Highland Beach Zoning requirements; however, approvals are pending with other go mental agencies. Plans do not meet Town of Highland Beach Zoning requirements.

Recommendation: The Building- Departn,ent bas r�vie\Ved the submitted. construction docun,entsJor t��. proposed installation. of a..40,000 16 •• 8 postplatform boatlift, at subject property. the installation meets requirements of Highland Beach. Code of Qrdinances. Section• 30�68(h);

EVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, i.e., , TRANSMIT TO QUASI-JUDICIAL BOARD, cfC.

g Official

CLERK'S OFFICE USE ONLY:

Date of Hearing/Regular Meeting: al¼ 7Date Received: \ 2-- ;1 l V'

Page 33

DOROTHY JACKS== . tm::er:r1l"IIY:ftl&ilt@'IW Oft Cf A, AAS Palm Beach County Propetty·�aiser

Location Address 1006 GRAND CT Municipality HIGHLAND BEACH

Parcel Control Number 24-43-47-09-00-002-0090 Subdivision

Official Records Book 23864 Page 738

Sale Date MAY-2010

Homestead Exemption Ill

r��\GF.ri�� ,.Jr,J J fi di.O f1 i

! !-fii�;-tL . .1.i\•r. �� ::� 1\(::1 !

• c��i!L:_�1rd:: �·:.:?; .. /.t�--r.\1f:·f'-1-r ir .. .-- ....... -... . . ..

legal Descript'on 9-47-43, LT 6 & SELY 35.68 FT OF LT 7 UNREC GRAND CAY ESTS IN N 1/2 OF1 GOV LT 2 AS IN ORl 0274P1371

Mailing address Owners

l 006 GRAND COURT LLC1001 RUE LENOIR STE AS0l

MONTREAL QC H4C 226 CANADA

Sales Date Price OR Book/Page Sale Type Owner MAY-2010 $3,l 00,000 23864 / 00738 WARRANTY DEED 1006 GRAND COURT LLC DEC-2007 $4,000,000 2231 S / 01438 WARRANTY DEED VANDERSCHMF CLAIR JAN-2004 $10 16483 / 00263 QUIT CLAIM SOLLINS CHARLES D & DEC-2003 $2,675,000 16483 / 00260 WARRANTY DEED SOLLINS CHARLES D & AUG-2003 $2,500,100 15798 / 01898 CERT OF TITLE WACHOVIA BANK

1 2

No Exemption Information Available.

Number of Units l *Total Square 11614 Acres 0.4099 Feet

U C d 0100 - SINGLE z . RMM • Multi-Famlly Medium-Density ( 24-HIGHLANDse O e FAMILY onmg BEACH )

Tax Year 2016 201S 2014 Improvement Value $2,956,880 $2,995,479 $2,695,829

Land Value $551,600 $424,308 $375,494 Total Market Value $3,508,480 $3,419,787 $3,071,323

All values are as of January 1st each year

Tax Year 2016 2015 2014 Assessed Value $3,330,839 $3,028,035 $2,752,759

Exemption Amount $0 $0 $0 Taxable Value $3,330,839 $3,028,035 $2,752,759

Tax Year 2016 2015 2014 Ad Valorem $60,497 $59,514 $55,771

Non Ad Valorem $170 $170 $175 Total tax $60,667 $59,684 $55,946

See f� 4 or na (r) tO\J\h'\er-s

http://pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parceI=24434709000020090&

Page 1 of I

)

1/5/2017 Page 34

Detail by Enti� Name

Florida Department of State

Department of State / Division of Corporations / Search Records / Q�.m_\l By Document Number. /

Detail by Entity Name Florida Limited Liability Company

1006 GRAND COURT LLC

Filing lnfonnation

Document Number

FEI/EIN Number

Date Flied

Effective Date

State

Status

Last Event

Event Date Flied

Event Effective Date

Principal Address

1006 Grand Court


Changed: 04/12/2013

Mailing Address

103 Beloeil street

L10000045722

46-0525501

04/28/2010

04/28/2010

FL

ACTIVE

LC AMENDMENT

11/08/2011

NONE

Outremont, Quebec H2V221 CA

Changed: 04/12/2013

Registered Agent Name & Address

EDGAR A. BENES, P.A.

2300 NW CORPORATE BLVD

SUITE 322

BOCA RATON, FL 33431

Authorized Person(s) Detail

Name & Address

TitleMGRM

AMEREIT LP

Page I of2

DIVISION OF CORPORATIONS

http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionTy... 1/5/2017 Page 35

Detail by Enti� N arne

1 Q3 Beloeil street

Outremont, Quebec H2V2Z1 CA

Annual Reports

Report Year

2014

2015

2016

Filed Date

04/07/2014

02/06/2015

04/06/2016

Document Images

04/06/2016 -- ANNUAL REPORT


04/07/2014 --ANNUAL REPORT



11/08/2011 -- LC Amendment


View image in PDF format



View image rn PDF formal

View image rn PDF format

View image m PDF format


04/28/2010 -- Flonda Limited Liability! .... __ vi_ew_,m_ a_g_e_m_P_D_F_f_or_m_a_t _ ___,

Florida Department of State D1v1�1on of Corporations

Page 2 ofi

http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionTy... 1/5/2017 Page 36

Revenu Quebec - Information statement

Enterprise Registrar

Quebec

Search for an enterprise In the Register

lnfonnatlon statement of partnership in the Enterprise Register

lnfonnation as of 2016-12-22 15:36:36

lnfonnation about the enterprise

Identification of the enterprise

Quebec enterprise number

Name

Version of name in another language

Domicile address

Address

Elected domicile address

Name of the enterprise

Address

Registration

Date of registration Status Date on which the status was updated Date of cessation

Legal Form

Legal fonn Date of constitution Constituting system

Updates

Update of the infonnation statement Date of the last annual updating declaration End date of the filing period for the annual updating declaration for 2016 End date of the filing period for the annual updating

3367397117

AMEREIT S.E.C.

AMEREITLP.

103 av. Beloeil Montreal (Quebec) H2V221 Canada

AMEREIT S.E.C.

103 av. Beloeil Montreal (Quebec) H2V221 Canada

2011-05-27 Registered 2011-05-27 No cessation date has been dedared

Limited partnership

QUEBEC: Civil Code of Quebec

2016-04-13 2016-04-13 2016 2016-06-15

2015-06-15

Page 1 of 4

Page 37


declaration for 2015

Bankruptcy

No infonnation has been filed indicating a bankruptcy.

Liquidation or dissolution

No intention of liquidation or dissolution was declared.

Economic activity and number of employees

1 st activity sector

Economic activity code (CAE)

Activity

Particulars (optional)

2nd activity sector

Economic activity code (CAE)

Activity

Particulars (optional)

Number of employees

Number of employees in Quebec

None

Object of the partnership

Agriculture and immoveable investments

Partners, directors, officers and attorney

Directors

No directors have been declared.

Officers not members of the Board of Directors

0139

Other large crops

Soy, hay and other crops

7214

Investment

Immoveable investments

Page 2 of 4

No officer, not a member of the board of directors, was dedared.

Partners

Name

First name

Type of partner

Address

Name

Type of partner

Address

Touchette

Richard

Special Partner

10200


Attorney

No information was dedared.

Administrators of the property of others

There is no administrator of the property of others.

Establishments

No establishment was dedared.

Documents being processed

Page 3 of 4

No document is currendy being processed by the Enterprise Registrar.

Index of documents

Documents maintained

Type of document

Annual updating dedaration for 2016 Annual updating declaration for 2015 Annual updating declaration for 2014 Annual updating declaration for 2013 Annual updating declaration for 2012 Dedaration of registration

Index of names

Date of update of the index of names

Name

Name

AMEREIT S.E.C.

Version of name In another language

AMEREITL.P.

Other names used in Quebec

There are no other names used in Quebec

2011-05-27

Date filed in the Register

2016--04-13 2015-06-15 2014-03-11 2013-06-18 2012-06-04 2011-05-27

Date of declaration Date of

of name declaration of

removal of name

Status

2011-05-27 Active

© Revenu Quebec, 2015

Page 39

Application #--+-

----I request a hearing ]\8[

Provide a brief description of the project:

'.X�:'.:H\:>:lL- 2:op.--,: l\ fT 0¼�.:> .:J J /.h 3- ]u5i)

I give permission to the members of the 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, and I understand that willful false statements and the like are misdemeanors of the second· degree under Section 837 .06, Florida Statutes. Such willful false statements may jeopardize the validity of my application or any decision issued thereon. I have fully read the information outlining the Board procedures and application requirements. With this application, I am submitting the necessary supporting materials listed.

Building Department Use:

own of Highland Beach Zoning and other governmental agencies requirements. eet Town of Highland Beach Zoning requirements, however, approvals are pending with other governmental agencies reg · ements.

D Plans do not meet To ning requirements.

Date Public Notices Mailed: _______________ _ Date: I 2- l '1 / 1 �

Date Legal Advertisement Published: _____________ _

21 J' i.l � �

Page 41

REQlliRED ATTACHMENT TO THE DEVELOPMENT ORDER APPLICATION

Before any Development Order shall be issued the Board shall make written findings certifying compliance with the specific rules governing individual Development Orders, and that satisfactory provisions and arrangements have been made concerning the following, where applicable: Information you provide will assist the Planning Board to determine whether your application meets the minimum criteria for obtaining a Development Order as described in Chapter 30 Zoning Code, Article 3 Development Review of the Code of Ordinances. Use additional pages if necessary. The Planning Board will not consider reference to a development order a complete response to the issue.

Address the issues one at a time and be as detailed as possible. Attach additional sheets if necessary.

A. Building orientation: Buildings shall be oriented to enhance the appearance of the streetscape.1. Building orientation shall ensure that service areas are placed out of view from public rights-of-way, parking areas, and

adjacent properties. Where, because of site constraints service areas can not be so located, such areas shall be screened fromview by vegetative or structural means. Any structural screening shall be architecturally compatible with the principalbuilding in terms of style, colors, construction materials, and finish.

2. Mass, bulk, and scale of aU structures shall be compatible with other structures and uses both in the same zoning district andin the neighborhood. NA - installation of boatlift - no change to building

B. Refuse service areas:1. Refuse service areas shall be located in a manner that minimizes impacts to adjacent residential properties.2. Refuse service areas shall be screened from adjacent properties and rights-of-way by an enclosure that is constructed of

durable building materials such as concrete, stone, or brick. The enclosure shall be faced with the same style as the fa�ade ofthe primary structure on the site. The gate to the enclosure shall have a similar appearance as the fa�ade of the building. Theenclosure shall be the same color as the primary structure.

3. Enclosures shall be large enough and located in a manner that service vehicles can access the dumpster while it is in theenclosure.

NA - installation of boatlift - no change to upland areas

C. Mechanical equipment operation and location:1. Mechanical equipment shall be located in a manner that minimizes impacts to adjacent residential properties.2. Mechanical equipment, including equipment located on roofs shall be scree_ned from view of adjacent residential properties

and rights-of-way. Screening shall be of a material that is consistent with the architecture of the building.

NA - installation of boatlift - no change to building accessories or equipment

D. Lighting:1. Outdoor lighting shall be arranged so that the light source is shielded from adjacent residential properties and rights-of-way.

Light fixtures shall a type that directs the light downward.2. Outdoor lighting shall be arranged so that no portions of adjacent residential properties are covered by the light shadow.

There shall be no glare or spillover effect of lighting from the property on which a development order is approved to adjacentproperties, and all lighting shall comply with the Palm Beach County Code, relating to safeguarding nesting female andhatchling marine turtles from sources of artificial light.

31 Pa g �

Page 42

NA - installation of boatlift - no change to lighting

E. Landscaping and trees: Please refer to Chapter 28 Xeriscape-Landscape Requirements, Installation and Maintenancein the Town of Highland Beach Code of Ordinances.

NA - installation of boatlift - no change to landscaping

F. Signs: Please refer to Chapter 23 Signs and Advertisement in the Town of Highland Beach Code of Ordinances.

NA - installation of boatlift - no change to signage

G. Walls and Fences: Please refer to Chapter 6 Building and Structures; Article 5 Seawalls; Bulkheads; Retaining Wallsin the Town of Highland Beach Code of Ordinances.

NA - installation of boatlift - no change to or installation of wall s or fences

Additional Notes: Request is for installation of an 8-post boatlift - no other changes

to the upland property are expected or included in this request

41 Pa g �

Page 43

Town of Highland Beach 3614 SOUTH OCEAN BOULEVARD • HIGHLAND BEACH, FLORIDA 33487

61 278-4540 • ��;-r::::z":zi;j,:GlJS.t::..::::

[5)=-i

Pennit# PERMI OCT 19 2016 Ano co HIGHLAND seAcH You are ereby d84tc9I,4lsjstjed i o 111Wij

Florida Department of

Environmental Protection

Richard Touchette I 006 Grand Court Highland Beach, FL 33487

SOUTHEAST DISTRICT OFFICE 3301 GUN CLUB ROAD, MSC 7210-1

WEST PALM BEACH, FL 33406 561-681-6600

Sent via e-mail: [email protected]

Re: File No.: 50-0345492-002,003-EE File Name: Touchette

Dear Mr. Touchette:

Rick Scott Governor

Carlos Lopez-Cantera Lt. Governor

Jonathan P. Steverson Secretary

On July 5, 2016, we received your application for an exemption to (1) install a boatlift; and (2) install two mooring piles. The project is located in a man-made canal, Class III Waters, adjacent to 1006 Grand Court, Highland Beach, FL 33487 (Section 09, Township 47 South, Range 25 East), in Palm Beach County (Latitude N 26° 23' 37.52", Longitude W 80° 04' 07.02").

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.

1. Regulatory Review - VERIFIED

Based on the information submitted, the Department has verified that the activities as proposed are exempt, under Chapter 62-330.0Sl(S)(a) and (5)(b), Florida Administrative Code, from the need to obtain a regulatory permit under part rv 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 will expire after one year, and will not be valid at any other time if site conditions materially change, the project design is modified, or the statutes or rules governing the exempt activity are amended. However, the activity may still be conducted without further notification to or verification from the Department after the one-year expiration of this verification, provided: 1) the project design does not change; 2) site conditions do not materially change; and 3) there are no changes to the statutes or rules governing the exempt activity. In the event you need to re-verify the exempt status for the

wwttv.dep.state. fl. us

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activity after the one-year expiration of this verification, a new application 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. Conditions of compliance with the regulatory exemption are contained in Attachment A.

2. Proprietary Review -NOT REQUIRED

The activity does not appear to be located on sovereign submerged lands, and does not require further authorization under chapter 253 of the Florida Statutes, or chapters ·18-20 or 18-21 of the Florida Administrative Code.

3. Federal Review - SPGP APPROVED

Your proposed activity as outlined on your application and attached drawings qualifies for Federal authorization pursuant to the State Programmatic General Permit V, and a separate permit or authorization will not be required from the Corps. Please note that the Federal authorization expires on July 26, 2021. You, as permittee, are required to adhere to all General Conditions and Special conditions that may apply to your project." A copy of the SPGP V with all terms and conditions and the General Conditions may be found at http://www.saj.usace.army.mil/Divisions/Regulatory/sourcebook.htm.

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 insure 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 administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department's final action may be different from the position taken by it in-this notice.

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 Rule 28-106.201, 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 oridentification number, if known;

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(b) The name, address, any email address, any facsimile number, and telephone numberof the petitioner; the name, address, and telephone number of the petitioner'srepresentative, if any, which shall be the address for service purposes during the course ofthe proceeding; and an explanation of how the petitioner's substantial interests are or willbe 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 petitionmust so indicate;( e) A concise statement of the ultimate facts alleged, including the specific facts thatthe 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 requirereversal or modification of the agency's proposed action, including an explanation of howthe alleged facts relate to the specific rules or .statutes; and(g) A statement of the relief sought by the petitioner, stating precisely the action thatthe 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. 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 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 ofreceipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative detennination (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.

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, before the applicable 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.

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Mediation Mediation is not available in this proceeding.

FLAW AC Review The applicant, or any party within the meaning of Section 373.l 14(l)(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 the order is filed with the Clerk of the Department.

Judicial Review 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 Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, 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 of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department.

Thank you for applying to the Submerged Lands and Environmental Resource Permit Program. If you have any questions regarding this matter, please contact Michael Rittenhouse at the letterhead address or at (561) 681-6602 or by email at [email protected]

Executed in Palm Beach County, Florida.

Enclosures: Attachment A- Specific Exemption Rule Attachment B- Newspaper Publication General Conditions for use of the Federal SPGP V Project Drawings, 8 pages

Copies furnished to: FDEP - Michael Rittenhouse, Monica Sovacool

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

Monica Sovacool Environmental Manager Southeast District

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CERTIFICATE OF SERVICE

The undersigned duly designated deputy clerk hereby certifies that this determination, including all copies, was mailed before the close of business on August 2, 2016, to the above listedpersons.

FILING AND ACKNOWLEDGMENT

FILED, on this date, pursuant to 120.52(9), Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged.

Clerk August 2, 2016

Date

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. Attachment A

Chapter 62-330.051 Exempt Activities. The activities meeting the limitations and restrictions below are exempt from pennitting. 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-(a) Installation or repair of pilings and dolphins associated with private docking facilities or piers thatare exempt under Section 403.813(l)(b), F.S.;

(b) Installation of private docks, piers, and recreational docking facilities, and installation of localgovernmental piers and recreational docking facilities, in accordance with Section 403 .813( 1 )(b ), F .S.This includes associated structures such as boat shelters, boat lifts, and roofs, provided:

1. The cumulative square footage of all structures located over wetlands and other surface watersdoes not exceed the limitations in Section 403.813(1)(b), F.S.;

2. No structure is enclosed on more than three sides with walls and doors;3. Structures are not used for residential habitation or commercial purposes, or storage of materials

other than those associated with water dependent recreational use; and 4. Any dock and associated structure shall be the sole dock as measured along the shoreline for a

minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65 feet in length along the shoreline, in which case there may be one exempt dock allowed per parcel or lot.

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Attachment B File No.: 50-0345492-002,003-EE ST ATE OF FLORIDA

DEPARTMENT OF ENVIRONMENT AL PROTECTION

NOTICE OF DETERMINATION OF EXEMPTION

The Department ofEnvironmental Protection gives notice that the projects to ( 1) instalJ a boatlift; and (2) install two mooring piles has been determined to be exempt from requirements to obtain an Environmental Resource Permit. The project is located in a man-made canal, Class III Waters, adjacent to 1006 Grand Court, Highland Beach, FL 33487 (Section 09, Township 47 South, Range 25 East), in Palm Beach County (Latitude N 26° 23' 37 .52", Longitude W 80° 04' 07.02").

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 of the Florida Statutes. The petition must contain the information set forth below and 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.

Mediation is not available.

If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be pennitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the Florida Administrative Code.

In accordance with rule 62-110.106(3), F.A.C., petitions for an administrative hearing must be filed within 21 days of publication of the notice or receipt of written notice, whichever occurs first. Under rule 62-110.106(4) of the Florida Administrative Code, 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 prior to the applicable deadline. 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. Upon motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect, the Department may also grant the requested extension of time.

The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time offiling. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that right.

A petition that disputes the material facts on which the Department's action is based must contain the following infonnation:

(a) The name and address of each agency affected and each agency's file or identification number, if known;(b) The name, address, and telephone number of the petitioner; 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 are or 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 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; 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.

A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28-106.301.

Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing shall be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed.

Complete copies of all documents relating to this determination of exemption are available for public inspection during nonnal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, at the Southeast District office, 3301 Gun Club Road, MSC 7210· 1, West Palm Beach, Florida 33406.

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General Conditions for Federal Authorization for SPGP V

1. The time limit for completing the work authorized ends on July 26, 2021.

2. You must maintain the activity authorized by this permit in good condition and inconformance with the terms and conditions of this permit. You are not relieved of thisrequirement if you abandon the permitted activity, although you may make a goodfaith transfer to a third party in compliance with General Condition 4 below. Shouldyou wish to cease to maintain the authorized activity or should you desire toabandon it without a good faith transfer, you must obtain a modification of this permitfrom this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains whileaccomplishing the activity authorized by this permit, you must immediately notify thisoffice of what you have found. We will initiate the Federal and State coordinationrequired to determine if the remains warrant a recovery effort or if the site is eligiblefor listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature ofthe new owner on the enclosed form and forward a copy of the permit to this office tovalidate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your project, you mustcomply with the conditions specified in the certification as special conditions to thispermit.

6. You must allow representatives from this office to inspect the authorized activity atany time deemed necessary to ensure that it is being or has been accomplished inaccordance with the terms and conditions of your permit.

Further Information:

1. Limi'ts of this authorization.

a. This permit does not obviate the need to obtain other Federal, State, or localauthorizations 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 Federalprojects.

2. Limits of Federal Liability. In issuing this permit, the Federal Government does notassume any liability for the following:

a. Damages to the permitted project or uses thereof as a result of other permitted orunpermitted activities or from natural causes.

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b. Damages to the permitted project or uses thereof as a result of current or future activitiesundertaken 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 structurescaused 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 thispermit.

3. Reliance on Applicant's Data: The determination of this office that issuance of thispermit is not contrary to the public interest was made in reliance on the information youprovided.

4. Reevaluation of Permit Decision: This office may reevaluate its decision on thispermit at any time the circumstances warrant. Circumstances that could require areevaluation 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 havebeen false, incomplete, or inaccurate (see 3 above).

c. Significant new information surfaces which this office did not consider in reaching theoriginal public interest decision.

5. Such a reevaluation may result in a determination that it is appropriate to use thesuspension, modification, and revocation procedures contained in 33 CFR 325. 7 orenforcement procedures such as those contained in 33 CFR 326.4 and 326.5. Thereferenced enforcement procedures provide for the issuance of an administrative orderrequiring you comply with the terms and conditions of your permit and for the initiation oflegal action where appropriate. You will be required to pay for any corrective measuresordered by this office, and if you fail to comply with such directive, this office may in certainsituations (such as those specified in 33 CER 209.170) accomplish the corrective measuresby contract or otherwise and bill you for the cost.

6. When the structures or work authorized by this permit are still in existence at thetime the property is transferred, the terms and conditions of this permit will continue to bebinding on the new owner(s) of the property. To validate the transfer of this permit and theassociated liabilities associated with compliance with its terms and conditions, have thetransferee sign and date the enclosed form.

7. The Permittee understands and agrees that, if future operations by the United Statesrequire the removal, relocation, or other alteration, of the structures or work hereinauthorized, 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 thenavigable waters, the Permittee will be required, upon due notice from the U.S. Army Corpsof Engineers, to remove, relocate, or alter the structural work or obstructions caused

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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.

Department of the Army Permit Transfer for SPGP V

PERMITEE: _________________ _

PERMIT NUMBER: _____________ DATE: ___ _

ADDRESS/LOCATION OF PROJECT:

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 pennit 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 perm it 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)

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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 ofmanatees and manatee speed zones, and the need to avoid collisions with and injury tomanatees. The permittee shall advise all construction personnel that there are civil andcriminal penalties for harming, harassing, or killing manatees which are protected underthe Marine Mammal Protection Act, the Endangered Species Act, and the Florida ManateeSanctuary Act.

b. All vessels associated with the construction project shall operate