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HomeMy WebLinkAbout84-0001_Spencer, Loren J. & Lawona R._19840113 (2)APPLICATION
FOR
4 w • v CAMA
M P-�, OR
4E-L- P ENT
j,-J,
E---, R"M I
l.
s
(n 1974; N rt CaroUna,Gener1 ssem� „
�, biy passed oasts) -Area Managerner Ac i
and sef thus `geor guidrng 46e10 At n
the fragile ar c p, o uctive areas Albo T
the states es u ses, soun'tts nd`oceanfront. .
Along�eq nng�spc#'dare by those'
ho build and develop, the�GeA ral Assembly
irecied the Cnasaltesou ces GommisslSn to
= ' a n. 116rrtentcle#a re"pA ion hich minimize
thelburden z n the applicant. ,
is,applicatic5 t4r a riiinode loprrlept per `
� rt under C A art of €!i ommission's
�t x r effort fo e t the.spirit anc intent oft e
* s
It has been designed to be x
a .
plan d build; to If
to h-thaLyou-under-
st +c wfia"t 1' mation,he_ortshemeeds.
r MA r u a ions the minor permit
aw t
oasstted wit in days once a complete
h
icat 6dis in han i ten less time is needed r p"
i tieo ect is si e The process enerall fi
1 P P g Y
i t takes'ab out 18 dl^,s ou can help speed the
f � �arppr'oval process b}i king certain that your
a hcatin is compi and signed, that your
A meets�hers a ifications given inside `
r�
and that-Youa" I ation fee is attached.
1 Other permits a s metimes required for
evelo ment in th" Ex astal area. While these
t e not C Alrelattedwexurge you to check
�h-tt lac �ferrnit Officer
iof t determine_-
lithese orma `need =A listin -ism
rr�* inciu a "or;•page 2 of'the folder. rs
• We appreciate your cooperation with the
,. North.Carolina coastal management program
and your willingness to build in a way which '
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protects the resources. of our beautiful and
productive coast.
a
'Coastal Resources Commission
Office of Coastal Management17
—
„ _* _
l� _.
-- _
m
UN22 '84
Res. 814-437-3333 Office 8=437-7814 i
%James G.. Andersonoct�.
1394 Pittsburgh.'Road `
Franklin, Pa. . 16323
_ June.15, 1984
Ms. Robin Smith
Office of Coastal Management
P. 0. Box 276117
Raleigh, NC 27611
Dear Ms Smiths
Persuant to our phone conversation today, I believe there has been a violation
.of your statute anti/or regulations concerning the issuance of'a Cama Permit to
Mr. and Mrs. L. Spencer, owners of Lot Number 33 at Poteskeet, Duck, NC.
Your regulations require that any adjoining property owners be notified that
(1) residential construction will begin and that (2) a Cama Permit is being
applied for. The individual(s) applying for said permit must sign a state-
iiwnt that the have indeed notified any and all adjoining property owners of
an a ration fo a Cama Permit.
M and Mrs. Spen r to my wife and I that they were planning to build
(co., ^rloae o mention was made of an application for a Cama Permit.
Your comments, please.
Sincerely,
James G. Anderson
cc: David Owens
George Wood
H. L. Bishop, Jr.
Local Permit Officer (signature)
�iw�`.
address
2.07 di �/
OAP.m
Local Government
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Natural Resources
and Community Development and the Coastal Resources Commission for develop-
ment in an area of environmental concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management."
eq - ove ►
Permit Number
y
Issued to a R arti "77 4S Lai SPOr*Jd6 a sk
authorizing development in �44e-W. , at `
!�4 0 br�=0ToW as requested in the permittee's application dated �CxG. 1 G L Z$
This permit, issued on is 14'6`F , is subject to compliance with the application and site drawing
(where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these
terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
d IAA—U �WVOW"60Prw4W*'J Wr e&* W^t Aa.c-vRAA^tGtr
N�ZTN v°IrrAa•IdE'O ApoftvGAT=ard #IwA Pi-sk7-
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. From the date of an appeal, any work conducted under this
permit must cease until the appeal is resolved.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
Any maintenance work or project modifications not covered
under this permit require further written permit approval.
All work must cease when this permit expires on
.1 :..,J E 830 148,c
In issuing this permit it is agreed that this project is consis-
tent with the local Land Use Plan and all applicable ordinances.
This permit may not be transferred to another party without
the written approval of the Office of Coastal Management. Permitee (signature required if special conditions above apply to permit)
STATEMENT OF OWNERSHIP
a
r
a
I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in
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an area of environmental concern or a person authorized to act as an agent for purposes of applying for a CAMA
minor development permit, certify that the person listed as landowner on this application has a significant interest
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in the real property described therein. This interest can be described a follows: (check one)
by
A
an owner of record title, Title is vested in ,��-1�.��a,, e,���►—
see Deed Book 2-7 -4—, page in the
1
County Registry of Deeds.
J
vof inheritance. Applicant is an heir to the estate of
virtue
an owner by i pp
`"• �`
A
probate was in County.
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if other interest, such as written contract or lease, explain below or use a separate sheet
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attached to this application.
L
r
O
A
NOTIFICATION OF ADJACENT PROPERTY OWNERS
a
r
1 furthermore certify that the following persons are owners of properties adjoining this property. I affirm that
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have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for
a CAMA permit.
(Name) (Address)
(2) 1 s, (-,-:AK n i ji, 7( !✓Abwny I?C#, axli4_PA
(3)
(4)
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
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particular hazard problems associated with this lot. This explanation was accompanied by recommendations
3
concerning stabilization and flood -proofing techniques.
-
PERMISSION TO ENTER ON LAND
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I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer
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and his agents to enter on the aforementioned lands in connection with evaluating information related to this
permit application.
(�
This the �day of
Land owner or p son authorized to act as his agent !/
....
for purposes of filing a CAMA application.
SITE DRAWING /APPLICATION CHECKLIST
Please make sure your site drawing includes the following information required for a CAMA
minor development permit. The drawing may be simple and not necessarily to scale. The Local
w Permit Officer will help you, if requested.
PHYSICAL DIMENSIONS
label roads
label highway right of ways
label local setback lines
y label any and all structures and driveways currently existing on property
4 ^
PHYSICAL CHARACTERISTICS
/ draw and label mean high water mark (MHW)
• draw location of septic tank or filter field
If you will be working in an ocean hazard area:
draw and label dune ridges (note height)
—L✓ draw and label toe of dune
✓ identify and locate first line of stable vegetation
draw and label setback line under CAMA
17 draw and label topographical features (optional)
If you will be working in an estuarine shoreline area:
draw and label landward limit of AEC
describe terrain (slope) '
DEV5PPMENT PLANS
draw and label areas that will be disturbed
if house to be placed on lot, describe location of house O ��
>/ note size of piling and depth to be placed in ground U-)1 1)
draw and label all areas to be paved or graveled
--ef describe composition of surface
note and list fully all trees and vegetation to be removed or relocated
' . ✓ show landscaping (A &% -
NOTE TO APPLICANT
Have you:
• completed all blanks and/or indicated if not applicable?
• notified and listed adjacent property owners?
• included your site drawing?
• signed both application and statement of ownership?
• enclosed the $25.00 fee?
• completed an AEC Hazard Notice,if necessary?
FOR STAFF USE
SITE NOTICE POSTED FINAL INSPECTION
SITE INSPECTIONS
DATE OF ACTION:
ISSUED
FEE RECEIVED
EXEMPTED DENIED APPEAL DEADLINE (20 days)
AEC HAZARD NOTICE
YOUR PROJECT IS IN AN:
OCEAN ERODIBLE AREA
HIGH HAZARD FLOOD AREA INLET HAZARD AREA
This notice is intended to make you, the appli-
cant, aware of the special risks and conditions
associated with development in this area, which is
subject to natural hazards such as storms, erosion
or currents. The rules of the Coastal Resources
Commission require that you receive an AEC
hazard notice and acknowledge that notice in
writing before any permit for development in this
area can be issued.
The Commission's rules on building standards,
oceanfront setbacks and dune alteration. are
designed to minimize, but not totally eliminate,
property losses from the hazards. By granting
permits, the Coastal Resources Commission does
not guarantee the safety of the development and
assumes no liability for future damage to the
development.
The best available information, as accepted by
the Coastal Resources Commission, indicates that
the annual ocean erosion rate for the area where
your property is located is feet per year.
This figure was established by careful analysis of
aerial photographs of the coastline taken over the
past 30 to 40 years.
Studies also indicate that the shoreline could
move as much as feet landward in a major
storm.
The flood waters in a major storm are predicted
to be about feet deep in this area.
Shoreline erosion control structures (excluding
beach nourishment and berm projects) are not
allowed to be built to protect development built
after June 1, 1979. Limited pushing up of beach
sand is allowed to protect new structures when
they are threatened, but bulkheads, groins, or
jetties may not be used to protect buildings put in
after June 1, 1979.
Date V pplicant's Signature
The applicant must acknowledge receipt of this information by signing this n tice in the space above. Without
the proper signature, the application will not be complete.
SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and
erosion. Permits issued in this area expire in six (6) months. To continue your work past that date you must contact
the local permit officer before the expiration date for a six month permit extension. This is granted if there is no
change in the project: site or if you have made "substantial progress" on your project. Normally,a permit can be
extended five (5) times for a total project life of three (3) years.' If the site has changed and you have not made progress,
the LPO will determine the new vegetation line and apply the earlier; setback distance to show you the new setback for
your project. IT IS IMPORTANT TO UNDERSTAND THAT YOU MUST RECEIVE OFFICIAL APPROVAL TO
CONTINUE YOUR WORK AFTER THE EXPIRATION' DATE ON YOUR PERMIT. IT IS UNLAWFUL TO
CONTINUE WITHOUT THIS APPROVAL.
FOR MORE INFORMATION, CONTACT:
LOCAL PERMIT OFFICER:
ADDRESS:
LOCALITY:
PHONE:
SC/Rev. 6/83
BEFORE YOU BUILD ...
Setting Back for Safety: A Guide to Wise Development Along the Oceanfront
When you build along the oceanfront you take a calcu-
lated risk. Natural forces of water and wind collide with tons
of force, even on calm days.
There are no man-made structures guaranteed to survive
the force of a hurricane. Long-term erosion (or barrier
island migration) takes from two to ten feet of the beach
each year and, sooner or later, will threaten oceanfront
structures.
These are the facts of life for oceanfront property owners.
THE RULES
When you build along the oceanfront, coastal manage-
ment rules require that the structure be sited to fit safely
into the beach environment. Specifically, a structure along
the oceanfront must be: (1) behind the frontal dune; and,
(2) landward of the crest of the primary dune; and (3) set
back from the first line of stable vegetation a distance equal
to 30 times the annual erosion rate or 60 feet, whichever is
greater.
The Coastal Resources Commission has adopted rules
for building along the oceanfront. The rules are intended to
avoid an unreasonable risk to life and property and to limit
public and private losses from both storms and long-term
erosion. These rules do not eliminate —but only lessen —the
element of risk in oceanfront development.
As you consider building along the oceanfront, the CRC
wants you to understand the rules and the risks. With this
knowledge you can make a more informed decision about
where and how to build in the coastal area.
THE REASONS
The beachfront is an ever -changing landform. The beach
and the dunes are nature's "shock absorbers", taking the
beatings of the wind and waves and protecting the inland
areas. By setting back 30 times the annual long-term erosion
rate, you have a good chance of enjoying the full life of the
PERMITTED
STRUCTURE;
ADEQUATE
SETBACK
IQ SETBACK I FIRST LINE OF
I�-- STABLE NATURAL
30xANNUAL VEGETATION
I AVERAGE I
EROSION
RATE
I.4�01Lt.
structure. At first glance, it seems very inviting to build
your dream house as close to the beach as possible but in
five years you could find the dream has become a night-
mare as high tides and storms threaten your investment.
PRE -PERMIT STRUCTURE; INADEQUATE SETBACK
PRE -STORM BEACH PROFILE
__— POST -STORM BEACH PROFILE
ON�YEAR AFTER STORM/BEACH REBUILDING
After the storm, the house on the dune will be gone. The other has a much greater chance of survival.
THE EXCEPTION
The Coastal Resources Commission recognized that these
rules, passed in June of 1979, might prove a hardship for a
small group of property owners. So there was an exemption
established for lots which cannot meet the setback require-
ments of 30 times the annual erosion rate. The exemption
allows building in front of the setback line under certain
conditions. These are:
(1) the lot must have been platted as of June 1, 1979,
and not capable of being enlarged by combining
with adjoining land under the same ownership; and
(2) development be as far back on the property as possible
and in no case less than 60 feet landward of the
vegetation line; and,
(3) no development can take place on the frontal dune;
and,
(4) special construction standards on piling depth and
square footage must be followed; and,
(5) all other CAMA, State and local regulations must also
be met.
The exemption is not available in the Inlet Hazard Areafs
which are especially dynamic.
In seeking this exemption the Local Permit Officer will make these measurements and observations:
required setback from vegetation line max. allowable square footage on lowest floor
exception setback (maximum feasible) lot area as calculated from vegetation line
rear property line setback piling length necessary to extend 4 feet below MSL
4105 27th Street North
Arlington, VA 22207
December 8, 1983
Mr. & Mrs. James G. Anderson
1394 Pittsburg Road
Franklin, PA 16323
Dear Mr. & Mrs. Anderson:
The purpose of this letter is to inform you of our intention
to build a house on Lot #33 at Poteskeet. We are planning a house
of some 2000 square feet, more or less, which will be in keeping
with the architectual design of the ocean front homes now in
existence at Poteskeet. Also, we plan to comply with all codes
required by Dare County.
We would appreciate receiving,in the very near future,any
comments you may have.
S;jncereic/z4=
,
Loren J. Spencer?
Lawona R. Spencer
Owners of Lot #33
Alohl North Carolina Department of Natural
IRW Resources &Community Development
James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary
Field Services
103 S. Water Street
Elizabeth City,'.1. C. 27909
February 8, 1984
Mr. Loren J. Spencer
4105 27th Street North
Arlington, Virginia 22207
Dear Mr. Spencer:
This letter is to confirm our recent telephone conversation -
concerning your proposed residential development on the ocean
front at Lot 33 in the Poteskeet Subdivision, north of Duck in
Dare County. This letter will also confirm receipt of your up. -
dated plat in this office January 26, 1984.
Placement of your proposed house in accordance with the
attached plat is authorized by your recent pem.-At- issued by this
office for Dare County, Permit No. 84-001.
If you have any nuostions concerning this or any ogler
related natter, please feel free to contact me at my Elizabeth
City office.
Cordially yours,
Nelson G. Paul
Field Consultant
NGP/fob
cc: Preston Pate w/att.
Walter Gregory w/att.
P. 0. Box 27687 Raleigh, N. C. 27611-7687
An Equal Opportunity Affirmative Action Employer
i
4105 27th Street North
Arlington, VA 22207
JAN 2 6'84
occ%k • ec January 28, 1984
Mr. Nelson G. Paul
Office of Coastal Management
108 S. Water Street
Elizabeth City, N.C. 27909
Dear Nelson,
We enclose the updated plat for attachment to our CAMA
permit No. 84-0001. .Mr. Lewis, the surveyor, sent your copy
to me.
Please attach the new plat based*on your guidance to
Mr. Lewis to your copy of the permit and we will attach a copy
to our permit.
Thank you kindly,
Lo n J. S er
Lawona R. Spencer
OFFICE OF
North Carolina Department of Natural COASTAL MANAGEMENT
Kenneth D. Stewart
Resources &Community Development Director
James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary Telephone 919/733.2293
Field Services Section
108 S. Water Street
Elizabeth City, NC 27909
919 338-0206
December 29, 1983
Coastland Times
PO Box 428
Manteo, N.-C. . 27954
Gentlemen:
Please publish the attached NOTICES in your
January 5, 1983 issue of the Coastland Times. Send
bill, copies of Publication and Affidavits of Publi
cations to.... Marcy Bunting, Office of Coastal Manage-
ment, PO Box 27687, Raleigh, N. C. 27611. If you
have any questions, please contact me.
Cordially yours,
encls: Tells.n G: Paul
Field Consultant
Susan L. Roos
Thomas J. Troiano
Richard M. Jaegle
oren�:__Spence
u V Walter . Perry (Major permit)
P. 0. Box 2?687 Raleigh, N. C. 27611.7637
`: An Equal Opportunity Affirmative Action Employer
c��
t G ✓� �v, : �.► t- e: a j e� �.1'p .,,. �..� J - pc..lw• :Ts'
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S
v SEPTEMBER 21 1983
�LOrREN J. SPENCER t
�-o CONSTRUCT A SINGLE FAMILY RESIDENTIAL
STRUCTURE
LOT 33 in THE POTESKEET SUBDIV T "
�- t4-iwre� o c f vc-
MMG� PP
.5 vr-S c--r-E. � �•r-c�c.�E�� � Gv,.r�a�� �"�
(flFTc•-c' •Pe,t T a G�r` a
�.. C, c-41 t Pe. r-e -% : t T :-: c-G f-
te.r 38 1l�j
L C. P- LEWIS- ;` UNDER C TIF1' ?AAUNDERLl�liE CX,Gt�X,C
MY DIRFCTIOY AND SUPERVISION THIS MAP .
WAS DRAWN F20m " ACTUAL FIELD LAND
SURVEY; MLIT THE EP?OR OF CLOSi1RF. AS
CALCULATED ET I &TIii3:,S AMD DEPAitiURES
:HIS -Ltp iiaS PitEPA1ZED IN fa,TFli
1CC03DANCE 4i'Iiii .OS 30 AS . AU1,2 0ED. CAfi
..GVf-/1J77 r
WITNESS Ud MIND AND SEAL THIS +a'� •'�ISI(j' !�2`; —
-- - - j, ------------ • -9 . S E A t _ ze /'= .10 - Ste �
Ky_l,�te; Z L-2441
coP.I! dx SUFtJEYOR
C. F LEW�S. JR.. B. Z. S. L-2441 '• '� ��
/ - •
L it• LAND UlmtFY:,., S PLANNINO
G 7 .li
Prepared by and mail
after recording to;
i
Crouse Cray, Jr.
i:'�uL ll,..,�1 ��r�.f-r � �hna1I;�li?1'111�• _.
P. 0. Box 177
Nags Bead, North Carolina 27959 }
fj
S
NORTH CMWLI:'A (:::::r.kAL DFF.0
k _ i
TIi1S _1)1:1N) made Lhi:, 8th d:,v _o December •19 80_, by and
t _between: --- — -
L:tnks Levc•lopric!nt Company, Loren J. Spencer and wife,
:, C:caicrr,l Partnership, created Lawona R. Spencer, as Tenants by the +
a3id c;:i;a inf; under the l:twt: of Entirety with rights of survivorship
i t !it 'r;t:tt c, of Nurt.ii Carolina. - '4105 27th St., North
Arlington,-Va. 22207
T:,L durignation Grantor and :Granter.a: used--hereit, %.:,11 .a.nclude said parties,
thc_!r heirs, and successors and a::::ii;ttL', and shall include sin-ular, plural,
f Lnini.ne or neuter as rCtluirC:; contcyt
�. That the Grantor- fora valuable consideration paid by the Grantee the
receipt of which is. hereby acknowl631,..ed, has and b,. ` these: presents'does
- . granL,`:.bargain, •sell and convey unto the. Crantee in __feu simple, all that
certain lot or .Parcel of Lind.situatk-fl ill tliC 1t111A1•,t Of IrJCic,- faluutic
Township, bare County, North Carolina, and more particularly described as
follows:
Being Lot(s)' No.(s) _a-33- --.o: P6ic�sWtet Subdivision.as
shown on that map or plat entitled "Subdivision Map of Poteskeet,
North Banks Development Company, Village of Duct:, Atlantic Township,
Dare County, North Carolina" prepared by C. P. Lewis, Jr., Registered
Land Surveyor, survey completed February, 1979, and plattedFebruary
26, 1979, a copy of said map or plat Lcing recorded in Plat Cabinet -
.A, Slidew 172 and 173, Dare County Public Registry, said map or plat
being -incorporated herein by reference for 'a mure complete and precise
description.
There is also conveyed a perpetuO right and "easement of int ress and
q,russ over and upon an ei-tit foot W) :.trip of land ;:s ;;iiown on the
a forereferc•nc•ed .%ap or plat, :.aic'. i ,tic::cnt ,to be appurtenant to and
run with the afor(-eescrii,ed .lot c,r parcel of land.
Additionally ti,ert: is also cunVtY(•d herewith :in casc.nient of ingress
unc!�el;ress eight feet (8') in width running; from the right of way of
N.C. 1200 to the shore of the Currituck Sound. The southern margin of
;.lid 8' c t,-ument being along; a line connecting Points 4, 13, and 12 as
shown on a mar or plat entitled "Property of North Banks Development
Company, Village of Tuck, Atlantic Toumship, Dare County, N.C." prepared
b;: Curtis. P. Lewin, Jr., LeCi;,tered 1-ind SurvL,v.)r for Sc•.:tho:,rci ;surveyors,
t i rV t:.Yv�'";:Ct��C:..:?i:r , :jru i.J .f -.: ilila:"� ai�-•I ri ..... •1�t ..:: .!:...... .. -
'• r� r
1979, a copy of :tic'. ::tap or plat being; recorded in Plat Cabinet A,
Slide 132, Dare County Public Registry, said r,.ap or plat being; incor-
porated herein by re•ferencc for a more complete and precise description;
said ea!scm,ent' lying and bt:ing on tltc- North side of a I ine running from
Point ?'4 on tht_ aforc'rc; c resic, d rap or pint. Scut i. t:2` _V 13" .West 235.0
feet tr, Pv ins V13 on sassid t_:p or -pl.it and cant inu in , rt: the same
' di ect ior. 25 feet to Point V12 ot. t1 e of orert!fervIle e. ;r.:qJ or plr.t being
lo-atc•,i on ;",u• short- of ter C::rr.tt: ,: Sound, said c.:.t;.c... to i>c appur-
i t• .an.t to and run with titc aforc•tit•.-:ribed lvt or p.irrt•1 c f 1an
1it'1 C_11Y,UCNI' < l ut } ir. rt ; T:;i Ty.
'Titc• ]1rc�i t'r t�'
I.c t'ort3t-.d irl ,y t:t 1 0� 7ar:cr anc'
ut' },. t [.� �1, i l•l. �.i::}•1 (' , r
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4105 27th Street North,
Arlington, VA 22207
December 8, 1983
Bowe St. Associated
H. L. Bishop, Jr.
Eli Kershaw
1506 Bloomfield Rd
Richmond, VA 23225
Dear Sirs:
The purpose of this letter is to inform you of our intention
to build a house on Lot #33 at Poteskeet. We are planning a house
of some 2000 square feet, more or less, which will be in keeping
with'the`architectual design of the ocean front homes now in
existence at Poteskeet. Also, we plan to comply with all codes
required by Dare County.
We would appreciate receiving any comments you may have,in
the very near future.
i ncere y, I"
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Loren J. Spence"
Lawona R. Spencer
Owners of Lot #33