Good morning and welcome to the planning board regular meeting on December 11th, 2025. Please silence your cell phone. >> Did that. >> Mr. Hart, can you please call the role? >> Member Bobby, >> uh, present.
>> Member Brown, >> present. >> Member Pal, >> present. Member David >> present. >> Member Axelrod >> present. >> Chairperson Mendelson >> present. >> Town attorney Ruben and Vice Chair Rosen is absent at the moment. Thank you.
>> Okay. Please all rise for the pledge of allegiance. >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and
justice for all. >> Okay. Um, is there a a is there a motion to accept the agenda as presented? >> So moved. Second. >> All in favor say I.
>> I. >> Okay, that's good. Okay. Swearing in of the public. For those giving testimony, please stand and raise your right hand or hands to be sworn in by and provide testimony for the application you are affiliated with.
Mr. Hart, please swear in those giving testimony >> by the authority vested in me as a notary of the state of Florida. Do you swear or affirm that the testimony that you're about to give is the truth, the whole truth, and nothing but the truth? >> Thank you. >> Okay. Approval of the minutes of
November 13, 2025. Are there any corrections to the minutes? Anybody? No. Hearing none. May I have a motion to approve the minutes of November 13th? >> Second. >> Okay. All in favor? I. Okay. Moving
right along. There's no unfinished business, so we will get to new business. Boy, that only took two minutes. Okay. Development order application number PZ2537. Michael Kazinski. Okay. Application by
William Thomas Unlimited Perise Services, Inc. requesting a special in in exception to install a 20,000 lb capacity boat lift in slip number one for the property located at 3912
South Ocean Boulevard uh number 1415. Does any board member have any expire communications to disclose? Hearing none, at this time I now open the public hearing. Town Planner Allen, please present the application. Okay,
good morning. Uh, for the record, Ingred Allen Town Planner. Um, as per usual, we'll start off with the aerials. Uh, these do start on page 13 of your packets. So, here we have the subject property. This is Regency Highland Condo. You could see their Marina uh
dock area to the west. Um, and here you have a zoomed in view of the uh marina dock area. I've gone ahead and put a little note here. This is where the proposed lift is going to be located. That's slip number one. Um, as indicated, this is a special exception
request to install a 20,000lb capacity lift. Um, the request is on behalf of the property owner that resides in the uh unit number 1415. According to the applicant, there's an existing elevator lift located in the slip one which will be removed. Uh, the
applicant has received both FDP and Army Corps approval. Uh, their uh, permit numbers are on page nine of your packets. Now there was a small discrepancy between the plans submitted to FDP and Army Corps and the plans submitted to the town with regards to the width of the lift. Uh the FDP and
Army Corps plan show a 15t width. Um and the town plan showed a 14t width. Uh the applicant did provide email correspondence from both agencies indicating that they're okay with the discrepancy. Um in other words, it won't affect the validity of their current authorizations.
Uh we'll go ahead with the plans. Um this is a survey of the property. Again, this these are the 11 by7 plans in your packet. Um here you have the site plan which shows again the slip number one for the 20,000 lb capacity lift.
Um here you have a plan view of the slip right here. And here you have the typical section for the boat lift. Uh so you can see on this sheet the top of the lift measures
7'6 in. Um the applicant has not dimensioned the superructure of the boat. That's not a requirement of the code. I typically ask the applicant if they know the boat they can go ahead and you know put superimpose it. Um but um if they don't have the boat or don't
superimpose it, that's fine. I do ask the applicant then put a little note which they have done here that the uh uh requests will be in compliance with the definition of boatlift uh which is um on page nine of your packets. Um
also uh we do have certain uh uh maximum height requirements now for lifts. Um the code requires that the lift not be higher than the base foot elevation plus 8 ft. The base flood elevation uh for this particular property is 7 feet. So
they can go up to 15 feet. Um and then if you look on the sheet, the uh top there is the top of the lift is at 11.6 ft. So they are well in compliance. Um there's also perpendicular docking.
If you recall that aerial, all the boats there are docked perpendicular. Uh that said, I've gone ahead and provided the perpendicular docking regulations that are in the code. Um on starting on page nine, uh the applicant has indicated that they're in compliance with the
perpendicular docking regulations. And I will add that staff, we've not received any complaints or concerns about the perpendicular docking at this particular uh condominium. And in addition, the applicant has provided an HOA approval letter from the condominium for the
lift. That's on page 58 of your packets. Um, as the board knows, all boat lifts uh do require a special exception approval by the planning board and the board may approve approve the conditions or deny the request. Um, if the board approves a request, the applicant will
have to obtain a building uh building permit and commencement of construction shall be initiated within two years following the date of approval by the planning board. Uh staff reviewed the applicant's request to include the plan set which was date stamp received by the building department on November 20th of
2025 and finds that it is consistent with the special exception provisions in section 30-36 of the town code where applicable and consistent with the town comprehensive plan and the town code. I'm happy to address any questions. We also have the
authorization here uh William Thomas and we also have the unit owner as well, Mr. Kazinski. Okay. Um I have one question. So the uh they were approved at the other agencies for 15 feet. Our plan says 14T. So I assume we're improving 14
ft, >> right? We go with what's on our plan, >> but it didn't but they have the email saying that. >> It is. Okay. >> Anybody else have any questions for staff or for the applicant or
>> curiosity? How large a boat will this be able to handle? I'll defer that to the um authorized agent. I'm not sure. >> Good morning, William Thomas. Um unlimited permanent services, 6311 Northeast, 19 Terrace, Fort Lauderdale,
Florida. Usually there's a 25% um so if it's a whatever 20,000 lbs is minus 25% that would be the maximum that the boat lift could pick up. um the exact size. Every boat's different, a fishing boat, big and tall and you know,
a go fast boats, long and skinny, but it it's well less than 20,000 pounds, but I I couldn't tell the exact footage. >> Thank you. >> That would be 16,000 for those mathematical people. >> Yeah, >> very good. I knew there was a reason we
needed you to come back. So, >> um Okay. Are you okay with that answer? Okay, great. Anybody else have any questions? There's no one from the >> I have a question. Is are are these docks the ones that are next to the town houses? These are the town houses that
are right off the inter coastal. >> Um, let me look at the area. >> Just south of um Tuscana, like a little south of Tuscana we >> believe to the south. If you look at the aerial on page 13 of your packet, I
could share the PowerPoint again. Right. to the south. Um I believe that's Bokea Cove, >> right? >> Right. >> Right. It's Savannah Bokea Cove. >> Again, page 13 of your packet. Let me I could pull it up if you like. >> Can't share my screen at the moment.
>> Okay, you're good. >> Yeah. >> Okay. >> Anybody else? >> Okay. I don't see any people from the public, so I guess they have no comments. And um any other questions at all? Okay. The public hearing is now
closed and um is there a motion to approve? Approve with conditions or a motion to deny. Um I'll make a motion to approve. >> Second. >> Um Mr. Hart, can you call the role?
>> Chairperson Mendelson. >> Yes. >> Uh member David. >> Yes. Member Bobby, >> yes. >> Member Brown, >> yes. >> Member Pal, >> yes. >> Member Axel, >> yes. >> Thank you. Motion carries. Carry. Thank
you. Enjoy it. >> Okay. Um, next item, proposed ordinance providing reasonable accommodation procedures for certified recovery residences. And I refer this item to town attorney Ruben who's over
there. >> I know. Over here. >> Why are you over there? >> So, this is another um requirement from our uh friends up in Tallahassee. Came out of the last session. Um so, every municipality is required now to provide
a procedure for approval of certified recovery residences. Some years ago, the state implemented a certification program. So if you wanted to, it was voluntary at the time. I it's still voluntary actually, but you can go
through this process, get the resident certified, and then it also has to be administered by a certified recovery residence administrator, and that's a separate certification process. So just backing up, this was a huge issue. Um I was just talking to Ingred because she
was at Bokeh at the time and especially in Bokeh del Rey that you know the we call the recovery um recovery residences um they used to be called sober homes. These are essentially the residential component of people who are undergoing treatment for substance abuse. And under
the Fair Housing Act and under the Americans with Disability Act, a person undergoing treatment for substance abuse is considered disabled. So, because they're considered disabled, they can request accommodation from any town code, rule, ordinance, zoning, etc. Um,
most cities adopted procedures way back when when this was a huge issue. I guess it was never an issue in Highland Beach. Um, and for a few reasons. I mean, usually these residences are located in close proximity to where they're going to um have treatment. So, usually it's
near medical offices. is usually there'll be a office component where people actually have their treatment, their sessions, whatever they're doing and then there's a residential component. Now the theory behind the residential component is that people who you know if they're living in a family
setting in a neighborhood setting that that facilitates the treatment the chances of success are higher. That was even recognized by the Florida legislature when they implemented the recovery um the certification program saying well uh you know living in a
family setting in a neighborhood helps facilitate recovery. So we have to the town of Highland Beach now has to go through and adopt this procedure. So it's pretty straightforward. the um statute has all these time frames where you have to and there those are all in
the ordinance time frames for having the hearing time frames for rendering the decision um all that kind of stuff. So, you know, basically how it works, somebody would apply. They'd have to show if they're licensed. Some So, some will be, and I've I I've had them in other cities, again, we haven't had any.
There's basically two kinds of these um recovery residents. There's there's ones that I was just talking about, that are affiliated with um a provider and then they provide the residential component. And then there are ones that are purely voluntary that work on a more 12step
kind of thing and they just loosely organize and have these homes. Um it could but you know those generally aren't certified. Now by requiring the certification you are so under our procedure they would have to be certified. So that does provide a higher
level of protection that they're certified by the state. They've gone through all these hoops. they've demonstrated that, you know, they're a reputable provider and then that the person administering it would be a would be also a certified administrator and they have to go through this certification program. So, the way it
would work, they would apply, they'd show what licenses they have, they'd show their certifications, they they'd have to give the statement why it's necessary. Now, everyone gives the same reasoning essentially, and I sort of covered that before, that this is necessary for the recovery process to live in this family-like setting. Um,
and the way ours is set up, it would be heard by the magistrate. Um, it could be the code magistrate or it could be somebody else that the commission wants to appoint. That's up to the commission. Um, the reason it's done by a magistrate is because, uh, these become very political.
Um, they become very political because, you know, it becomes very much, you know, why do I have to have this next to my h? You know, it just people people do uh do kind of kind of it plays on the emotions a little bit. Um, but again, this is a statute requirement. We have
to have the procedure. So, I tried to keep it pretty basic and really just required what we the minimum requirements that we're have, you know, that we're that we have to have as the legislature has dictated. But, um, if you have any specific questions, I'd be happy to answer.
>> I have specific questions. >> Yes, ma'am. >> Um, first of all, do they have to follow any zoning rules at all? Well, so we don't have any zoning rules that really prohibit it. Now, so this is the other and I did discuss this to the
commission. So, generally what most cities did and this is back in the day to sort of give them greater regulatory authority. They defined what a family could be. So, a family could be no more most have the same definition. We do not
have one, but most have a definition that say a family can consist of no more than three unrelated persons. So, if you were going to have more than three unrelated persons in a single family home, um you you would have to get you'd have to go through this process. It's called
the reasonable accommodation process to get an accommodation. Now, we don't have that, but we do have other regulations like we adopt the uh international property maintenance code, which does have uh square footage requirements depending on how many occupants a
structure has. you know, that living area has to be so big. You can only, you know, for each person, the bedroom has to be so big. That kind of stuff is probably where it would come into play here. Um, but we don't, and Ingred and I actually had this discussion, should we
be adopting a definition of family, but we have a Senate Bill 180 problem where we can't make anything more restrictive right now. So, we really can't do that right now. But again, I don't anticipate I I'm not a fortune teller, but it has not been an issue all these years. Um,
it was a very hot issue. It's really cooled down lately because the state um, you know, there were a lot of unscrupulous providers back when and the state really cracked down and there were a lot of people prosecuted and there was a lot of fraud going on with insurance, all sorts of crazy stuff. basically what
is now you really the you really only have the you have mostly the reputable providers now but again nobody's really come into Highland Beach for a multitude of reasons we don't really have any commercial well we don't have any commercial we just have the hotel which isn't even zone commercial um and so
that and plus you know in the more affluent communities you know the real estate values are just so high that it just doesn't make >> they have to buy they have to buy a place or >> right oh the other thing I wanted to cover was um and this came up and >> um remember David asked me before
>> um it does not supersede your association rules. >> Oh, okay. So, you everyone has that question. >> I have one more question. >> If you're in a condo association or an HOA and you have rules about >> um how many people could occupy, how often it could be rented, whether you can subleasase, because essentially what
they do is they subleasase, right? >> Um if you have rules that prevent that, this would not supersede that. Those are still enforceable. This is just the town's rules. Okay. >> So, it would really only apply to >> Well, it all depends on what your documents say. Some might not have restrictions, but if there are
restrictions, those remain in place. >> Okay. And my last question is that property just south of Tuscana that's vacant. Um, could that guy build something on there like a high-rise thing or
>> No, this is really just for the residential component. We don't allow substance abuse treatment centers. No, but not even a tree. Could he build like >> a huge house that >> or you know he could build up to three stories or a bunch of houses and use it
all for that? Cuz I could see him doing that. >> Well, we really can't control that, right? I mean, he could do that and apply and go through the process again. >> But would we have to let that go through? >> Pretty much. There's you know there the
only so the controls that you have and there's not much control that you have the controls you have is if it becomes an overconentration because so in in and I know this was a huge issue in Delry Beach back in the day >> um you know they all you you start
having all these homes well if you have a a concentration of recovery residents in one area well then you're undermining the whole purpose which is to be in a neighborhood setting and it just becomes sort sort of a de facto treatment center district. So we really don't have much
control over over that. Um we don't have to allow them to perform treatment on site but as far as the residential component is concerned there's very little play that we have. >> So requiring all the certifications. >> So he could build like as many houses as
he as the town would allow him and fill them all up with these people. Well, you know, again, it would that would be how many people, you know, because if you're if you're filling if you're building multiple structures and filling them all with people again that
are undergoing subsidies treatment, it sort of takes >> Yeah, but they're on one lot. >> They are on one lot, but if you're, you know, it it would depend on the number of people. I I mean, that's sort of a bridge we'll have to cross when we get there, >> but you just don't have much control
from a legal perspective. You don't have much control, >> right? No, no, no, but we're going to enact, >> right? Well, okay. We're going to enact You say he has no one's done it, but we're going to enact this statute. It's going to be public that we enacted it.
And if I He's the kind of guy who would like jump right. >> We We were really We would be required anyway. We just didn't have a procedure in place. And this is actually better than because under the law, we would be required to grant or at least consider a reasonable accommodation for somebody
who applied for one. But at least now, you know, they'd have to go through the whole certification process. We couldn't have somebody just come in and say, "Oh, we want to set up this home here." And >> Right. Okay. >> Mr. Brown, >> I have a question. A certified uh recovery residence is a business,
correct? >> No, it's not considered a business. See, under the law and even under the statute, it's just considered a residence. It's not. So, if it's just the residential component, it's not considered a business. >> It doesn't require a permit, a commercial permit in order to be able to
operate. >> No. And you can't require a business tax receipt. If they're just Now, if they're doing any sort of treatment, it changes the whole game. But if they're just if the if they're using this structure just to house people undergoing treatment, you have to treat it as a residential
use. And if somebody's underco under undergoing recovery and they're considered disabled and they can ask for accommodations, has anybody asked for accommodations in Highland Beach? >> No, not that I'm aware of. >> No. I've been here six years and we have
what happens if it's a corporate entity that is trying to, you know, run the air thing. That becomes a business then. >> Well, no, it's still again even if it's and that's what I was saying. the one type of um >> and and we have a few in North Palm Beach >> where they because we have a lot of
cheap commercials. >> So that that's really what brings brings people in. We have a very you know old commercial in you know a lot of aging commercial structures where they have medical offices and so they that's what happens. But if they're just for the
residential component it still can be owned by a corporation but okay >> it's it's it's what they're doing on the property that is dispositive. So they would have to literally live there and then because it's Highland Beach, they'd have to bust them out to get treatment.
>> Correct. >> And they bust them anyway. The the standard model is Yeah. You these vans pull up. I mean, because I've lived it. I I lived this process a few times actually. Um, and yeah, they they essentially they'll they'll have vans
come up and then they'll they'll take the residents to for treatment and whatever they're going to do during the day and then they bust them back. And you know, again, we don't have a lot of recreational facilities, but the other issue that pops up in other municipalities is, you know, then
they'll take an outing to the park and then they'll, you know, but again, it's just the way the geography, the property values, the lack of commercial zoning, um, does not make Highland Beach an ideal place for for such >> We're about to have a park across from a
beach. So you're just so you're just required to have an ordinance. >> We're just required to have the procedure. Yes. >> It's not going to happen in Hunt Beach because if if a property become inexpensive property becomes available, the land is worth just as much with or without the property on it. >> Agreed.
>> And what happens if they live there and then they become like they start engaging in crime or something? >> Well, then that becomes a criminal issue. Yeah. >> And then so then you can you can do something about it. >> Yeah. Okay. Look, and you can you can't
you can impose conditions like when you grant that you know it's we had one in Juno Beach years ago and it was like if so like one of the conditions was if anybody leaves against medical advice they just decide to leave that they'll inform the town that they're you know
just so we be aware >> that they're you know this was somebody who's undergoing treatment who's decided not to live there anymore and you know they they're just decided to leave but >> good len couldn't you also put restrictions as to visitors to the res. I remember in Bokeh we we had
>> you can put restrictions as to visitors and you can also sort of um now it becomes a little complicated with HIPPA and stuff but you can do visits to make sure that you know the number of people is correct. Now you have to give them advanced notice because again there's
laws against disclosing medical and all that kind of stuff but there are ways if we ever go down that road to you know impose conditions to sort of monitor the activities that are occurring. Did any ever go into Bokeh? Were there any?
>> Oh, yeah. When I worked with Bokeh, I did a lot of reasonable accommodations there. Oh, yeah. Yeah. >> I believe there's one in Ocean Ridge. >> Along A1A, and I don't believe they've ever had any kind of an issue >> issue. Okay. I was going to ask,
>> there's no sign or anything. Nobody would >> Oh, yeah. You can't have signage again because this is a residential use. So, it it has to look like any other residential unit. So, so there there's a couple different levels of recovery, right? They attract and they target different classes of people in
addiction. Um, I think what most people are afraid of is the lower level classes, people that are doing it on um some level of of government assistance to pay for it or insurance purposes. But there's a whole there's a whole part of
this um process that focuses on people of of of statute and have an enormous amount of wealth. >> Yes. >> The Betty Forge of the World, Handley right here in our background. >> Promises and Malibu. Yeah. >> Promises and Malibu. Right. >> I And I happen to know the CEO of
Hanley. Um and there are others. There's there's there's another it's headquartered right here in Bokeh >> and they tend to put residences in very attractive places >> and their clients pay a very heavy fee. Um
>> but it's a different class of client, >> right? That's we we don't >> do we have do so it's it's still all governance under the same. So under that scenario to you know to your concern I could see somebody putting >> making that type of play because that's
the lore to those organizations. It's you know you still have your laptop you're still working you you know you're still running your your business whatever it may be and you're living at the beach. >> So yes that could happen. Um, anything could happen. But again, if under your
scenario, the impacts, you probably never even know. >> You would you would definitely never know they're there. But >> because the whole idea is is right. And these are if you're talking about people of a very high, you know, high socioeconomic status. They don't want anyone to know that they're there. And it's, you know, it's a very private kind
of like the Malibu Promises thing where you have all the celebrities. >> Now, we're talking basically abuse here right now. But what about the uh somebody getting out of prison who's going to go to one of these situations? Is there a way to limit that or does that fall under this? >> No, it's not it's not like a halfway
house undergoing treatment. Now, there should be people who are undergoing treatment who, you know, have a criminal history. I'm not going to say that's >> Can I ask a related question? Yes, sir. Has Senate Bill 180 passed? >> Oh, yeah. Senate Bill 180 is in effect. And does Senate Bill 180 restrict um the
towns from uh doing more restrictive governances than the federal or state? >> Well, no. What what Senate Bill 180 restricts is you is any municipality from making any changes to either your comprehensive plan or your land development regulations that are more
restrictive or burdensome. So that's what that address >> than what >> than what's currently in effect. Well, then what was in effect? I'm sorry, not currently in August of 2024. So it went retro back to August 2024. So if you adopted something in that interim
period, you had to repeal it if it was more burdensome or restrictive. And it's in effect until 2027. >> Although, as I we've discussed at the commission level, there is a lawsuit challenging that that's been signed on by a number of municipalities and counties. There's actually a hearing this month. They're seeking to enjoin
enforcement of Senate Bill 180. Um, and it's the Weiss AROA firm is is leading that charge. They were successful in the form, if you remember the form one, form six. Um, it required elected officials to do the form six, which was a much more detailed financial disclosure without really any basis. And they did
enjoy the enforcement of that. So, I'm I'm hoping maybe they'll go two for two. >> So, >> then we could change that three family. >> You have the definition family. We can do a lot of things. We also backed off on on our sign code revisions for the same reason. We want to make them more. >> So, I apologize for taking us off topic,
but the Senate Senate 180 uh would also restrict the ability for the town of Highland Beach to further give restrictions to floating vessel platforms, I'm assuming, as well. >> Um, yeah, if if anything at this time, right? >> Okay. Just want to make sure.
>> Yes. >> Thank you. >> Anybody else have any question? I get there's there's nothing to vote on because it's recommendation. >> I think my major concern which I don't think would happen here is that in a lot of these rehab centers you have drug
dealers right outside the door. >> That's what I Right. >> And I don't see that happening here. >> Right. >> I guess you then use hide corners. There are no corners to hide in. >> Yes. It it would it can become a law
enforcement issue. Yeah. >> Right. Okay. I mean, I see it down where they're going to build that parking lot across from the beach, the county, because that like people could hide in there and I don't know, whatever. >> But that's that's a police matter.
>> It is a police matter, right? I agree >> because >> Okay. >> Yeah. >> All right. So, this is something that the law requires us to have, >> correct? >> So, do we make a motion? Yeah, we still need a motion because it's still because
it amends the zoning code. We still need a motion from this board. A recommendation from >> Okay. What about >> Okay. >> Uh I move that we recommend enacting this ordinance as presented. >> Second.
>> All right. All in favor. Should we do a >> You have a second. >> Yeah. >> Oh. >> So, should we do a a vote vote or should we just Can we just >> You could probably do an all in favor. >> Okay. All in favor? I >> I Okay.
>> Okay. Thank you. Um consideration of the 2026 proposed planning board meeting dates. Um I don't see any meeting dates. Are there is there a list of them? >> The last packet.
>> Okay. >> Is the second >> this is still the second Thursday basically. >> It stays basically. >> Okay. Great. Okay. So, I um I make a motion that we accept the planning board
meeting dates that are set forth in our agenda, which is the second Thursday of the month through December 2026. Second. Anybody second? >> Second. >> Okay. All in favor? >> I
>> I Okay, so that's good. Um announcements. January 6, 1:30 town commission meeting. January 8th, 9:30, our planning board meeting. That is no longer tenative because we just approved the meeting date. Um, and the meeting is
adjourned at 10:02 a.m. >> That's pretty good. And everybody have a happy new