83-0024_Hooper, John_19830922

September 22, 1983
MEMORANDUM
TO: Walter Gregory
FROM:, Nelson Paul
SUBJECT: Requ s by Mr. John �Hoope�ra erome Frese for separate Ocean
Fron Developmentuxton, Dare County.
These projects should be studied carefully when the applicants resubmit
the required information concerning the septic tank locations. Attached to
this memo are the plats of the field investigations we made at the sites on
September 15, 1983.
The proposals that come in should ineet the required 60' building line as
indicated on these plats. All structures, O e. house foundation piles, septic
tank and drain fill) should meet this minimum separation distance landward -of
the first line of stable natural vegetation. If this minimum setback is not
met, the permit should -be denied using the general wording of the attached
. form.
You should also note in the review of the other applications for this
area you now have on hold, the regulation under which these.structures are,being
built requires; them to be: "set back from the ocean the maximum feasible
distance possible b n the existing lot ...to minimize encroachment -into the
setback area;...". This may require some rearrangement of the previous house
locations on the lots.
cc: Preston Pate

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DRAFT PERMIT DENIAL LETTER: USE ON LOCAL GOVERNMENT LETTERHEAD
THIS FORM TO SERVE AS A WORKSHEET ONLY
(Today s Date
2.rs- F� or-e�S ems RE,:
g kid.
.
Denial of CAMA Minor Development
Permit, Application # S3- Oa25-9-
Dear M*- Jr /hrs.. Fr-e-cre-,
Vpco4s'rQ 1
After reviewing your application in conjunction with the development h4a-,J-56­�
standards required by the Coastal Area Management Act (CAMA) aWour _ r1-a.se•k--
locally adopted land use plan and ordinancesr it is my determination .7JC,7
that no permit may be granted for the project you have proposed.
This decision is based on ig finding that your request violates R��....-
N.C.G.S. 113A-120(•8) which requires that all applications be denied which
are inconsistent with CAMA guidelines. 15 N.C.A.C. 7H .oa6c>q
requires that o,�ae.�cpM.er+% b� :ye-+ lcaGl� ffa st moo' r'-�11:.-�
a „Soto( a '� J �S a '�., �'; o r� 1 n1 e✓ iJ h n..J -i : 1 u n! Ec-
your project calls for ca t-e.s4.d e.+Je-e— s'�p'�'`�. `�'o•�-'�
----- I have concluded that your request violates N.C. G.S.�Planouuwii
require �alications be denied which are inconsland use p. of the L
find that
your project calls fo
ONAL: REPEAT AS NECESSARY SO THAT ALL INCONSISTENCIES ARE LISTED)
Should you wish to appeal my decision to the Coastal Resources Commission
or to request a variance from that group, please contact me within twenty (20)
days of today's date so that I can provide you with the proper forms and any
other information you may require.
Sincerely,
LPO
rr* AnnrnnriatP Fi4-1r1 Permit Denial
n 2- .

September 22, 1983
MEMORANDUM
TO: Walter Gregory
FROM: Nelson Paul
SUBJECT: Requests by Mr. John Hoo e d Mr. Jerome Frese for separa a Ocean
Front Development Projects in Bux o , are —Getz
These projects should be studied carefully when the applicants resubmit
the required information concerning the septic tank locations. Attached to
this memo are the plats of the field investigations we made at the sites on
September 15, 1983.
The proposals that come in should 'meet the required 60' building line as
indicated on these plats. All structures, O e. house foundation piles, septic
-tank and drain fill) should.meet this minimum separation distance landward of
the first line of stable natural vegetation. If this minimum setback is not
met, the permit should be denied using the general wording of the attached
form. '
You should also note in the review of the other applications for this
area you now have on hold, the regulation under which these structures are being
built.requires them to be: "set back from the ocean the maximum feasible
distance possible on the existing lot ...to minimize encroachment into the
setback area;..." This may require some rearrangement of the previous house
locations on the lots.
cc: Preston Pate

GENERAL `tATION
1. LAND OWNER
Name �EPI�I} ii,
�r-� Ge7 tee,
I-
t
AUG 2 9 i�3
Address
City SOIJ,��
33
E
State
`2t 'Z'3(,-
�tJ Zip �� Phone$2$�
'iNt�
2. AUTHORIZED AGENT
PF Name D � �1 ��I
Address
City _ _ _��1�-� State Zip _ GZ-t"���— Phone
3. LOCATION/DESCRIPTION OF PROJECT SE� C CAM
4. AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION
(To be filled in by Local Permit Officer prior to completing application.)
DE _ Ocean Hazard — Estuarine Shoreline Other
SITE,
SITE
DATE
Is
5. PROPOSED USE
Residential Commerical!Industrial Other —
G. SIZE OF BUILDING IN SQUARE FEET: —___ MI -
7. SIZE OF SITE IN SQUARE FEET:
This application includes: general information (this
form), a site drawing as described on the back of this
application, the ownership statement, the AEC hazard
notice where necessary, a check for $25.00 made payable
to the locality, and any information as may be pro-
vided orally by the applicant. The details of the applica-
tion as described by these sources are incorporated
without reference in any permit which may be issued.
Deviation from these details will constitute a violation
of any permit. Any person developing in an AEC without
a CAMA permit is subject to civil, criminal and admini-
strative action.
This the �Ok day of Aas�s-t >
19 a•-� -
Applicant's sign lure (or auth ized agent)
Indicate below address and phone if not shown above.
Ac—�UE
OTHER PERMITS MAY BE REQUIRED...
The activity which you are planning may require permits other than the CAMA minor permit you are applying
for here. As a service we have compiled a listing of the kinds of permits which might be required. We sugges t
hat
you check over this list with your Local Permit Officer to determine which, if any, of these may apply your
project. This is not a requirement of CAMA, only a suggestion to help you complete your project as quickly as
possible.
zoning ... drinking water well ... septic tank (or other sanitary waste treatment system).. .
burning ... electrical. .. plumbing ... heating and air conditioning...insulation and energy
conservation ... FIA certification ... sand dune ... sediment control ... subdivision approval
mobile home park apprcnal...hi-,h�._; ;on
.onnect

T
STA" TE iENT OF OWNERSHIP =
1, the undersigned, an applicant for a CAMA minor development permit, being eithdr the owner of property in Z
a7 area of environmental concern or a person authorized to act as an agent for purposes of applying for a CAMA
n-iinor development permit, certify that the person listed as landowner on this application has a significant interest
in the real property described therein. This interest can be described as follows: (check one
V an owner of record title, Title is vested in ``� "�"'" r E LQRF_- S
see Deed Book , page in the
'DARE County Registry of Deeds.
an owner by virtue of inheritance. Applicant is an heir to the estate of
probate was in County.
V!
if other interest, such as written contract or lease, explain below or use a separate sheet ;
attached to this application. .-
I�
i
I
1
r
O
n
r
iturthermor_ecertifythatt,hefoIIowing per sons �r�or�reis�i ',vex +tT��j+'�:, �.
that I have liven ACTUAL NOTICE to eacia of them concerning my intent to develop this pru '- arse
a ytor a ti M perrttt J
_ (NIc-�r� (address)
4,�
rt ARCH ������ 5qq .ru�v nr� �i;,�r, Ottz�a fi
f2i '9D fJALD WrTtsbN 3C6_O h�VEA1STIAM M. Sic. FAST S�GA
a
(3)
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE SHORELINE EROSION AREAS:
I acknowledge that the land owner is aware that the proposed development is planned for an area which may
be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the
particular hazard problems associated with this lot. This explanation was accompanied by recommendations 3
concerning stabilization and flood -proofing techniques.
z
c
PERMISSION TO ENTER ON LAND - 3
I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer z
and his agents to enter on the aforementioned lands in connection with evaluating information related to this
permit application.
This the day of�`'� , 19 �3 W
Q
O
Y �
Land owner o: person authorized to act as his agent
for purposes of filing a CAMA application.

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C.it;E ZGEN MASTER FORM 198MF

533`E.::,Angela Blvd.
South Bend,'Indiana 46617
September.9, 1983_
Nelson G. Paul; Field Consultant �v
Office of Coastal Management
N..C. Dept. of Natural Resources & Community Development SFp ��
108 S., Water Street 83
Elizabeth City, North Carolina 27909 oc�a.
Re Lot 9,`Section III, Cape Hatteras'Seashore, Buxton
Dear Mr. Paul:
Tim Midgett of Midgett'Realty.telephoned yesterday to tell.me
of .your site visit to.the oceanfront lot which my.wife and I
purchased in 1978,'and to report.your,preliminary discussion'
concerning our application for a,residential building permit.
I understand from Tim that you wanted to have some time to
research matters.,further before respondin& to,our application.
I am writing here to address certain matters -of -fact that,I*
think you will want to: take under consideration' in coming to
your decision.
Tim reports your having noted that the actual site was quite
different.,upon inspection than earlier aerial views indicated
the beach is apparently quite wider and the dune at the front of
our lot is much larger than they were when that photograph was
taken'. As I believe you also noted,- the`''pioneer grass'' 'at- the
front of the lot is.an affirmative aspect of the property.
Respect for the developing nature of the land has been a 'large
part of our waiting five -years before applying for this building
permit. For this reason, I'was-quite frankly astonished -to hear
it reported that you were now expressing some uncertainty about
the intent of the regualtions regarding setback. In -continuing
communications with Tim Midgett from 1978'through'yesterday, it
has always been represented to me that 'the -operative standard
employed by those ' dealing with such: matters: was based on a
hypothesized line drawn from the vegetation frontage north to the
vegetation frontage south of a property:
Indeed, since the existence of the "pioneer grass'': you,acknowledged
in visiting the site certainly constitutes aline of vegetation
which is continuous with the `vegetation to the ,north of our lot.,.
I believe that the basis for your -having granted other similar
permits, such as the one to`the lot immediately north'of ours,` as
well as another permit which. I understand you; indicated would be
granted for a lot- _about , 300 feet south - of ,- ours --approved `by l you
the day you , questioned .ours-�-these. precedents should' apply as -well
in this case.. At this writing-, I have not, had the opportunity. to

Nelson G-. Paul, p.. -2.
study closely the definitions of terms set forth in the regulations.,
but unless,those definitions specifically distinguish "pioneer -
grass" from "vegetation," I believe one ,would be hard pressed to
argue such a restrictive delimitation into the termvegetation
in any, court of law.
Since I am a federal prosecutor, zoning and building permits are
not my daily fare, and I will have to research the law further on
this point. But would have no choice but to pursue this matter
until all legal processes were exhausted, should the application
for a permit to build be denied in this case. Moreover, as a
lawyer I am quite 'concerned, that 'de 'facto condemnation without
compensation is being contemplateT-in this case. This last point
is especially significant since the state, in its taxing function,
has just this year.radically-increased its appraisedvaluation-of
our lot,:thus.almost doubling our property tax (which this year,
as in all others, we have promptly.paid).
Because . I, believe that the facts and the law both strongly, ' favor
the granting of this application because the board has, in the
_past, indicated that the intent of the governing regulation
involves drawing aline bridging lines of vegetation to either
side of a given property'; since you have yourself already noted
the existence of frontage vegetation on this building lot; and
because a denial ofa permit to build amounts to condemnation
.without compensation by the state (while it increases its taxation
on that same�property);'because-of these factors, I.ask that you.
take these matters under careful consideration in your continuing`
investigation`of our application`:' I know that Tim Midgett stands
ready to answer any other questions you may have,.as do we
As regular visitors to Cape Hatteras for over twenty-five years
(my fisherman-father.introduced me to Hatteras by taking me.out
and letting me,catch a"blue marlin there in the early 60`s), and
as taxpaying, property owners'there since 1978, my wife and I very
much hope that your further investigations lead you t.o conclude
that our application for a permit to build will be favorably received.
Sincerely,
Jerome Frese
cc Tim Midgett
Kenneth Stuart