HomeMy WebLinkAbout42-24 Weinstein, Barry
Exemption Number – EX 42-24
May 13, 2024
Barry Weinstein
c/o Michael Farmer
212 Oceano Vista Drive
North Topsail Beach, NC 28460
RE: EXEMPTED PROJECT (Statutory Exclusion) – MAINTENANCE AND REPAIR OF EXISTING
STRUCTURES - [G.S. 113-103(5)(B)(5) and 151 NCAC 7K.0103(a)]
PROJECT ADDRESS – 212 Oceano Vista Dr, North Topsail Beach NC
AREA OF ENVIRONMENTAL CONCERN – Ocean Hazard AEC
Dear Mr. Weinstein,
I have reviewed your inquiry concerning the necessary filing of an application for a minor development
permit under the Coastal Area Management Act. I have determined that the activity you propose is exempt
from needing a minor development permit as long as it remains consistent with the drawing and estimate
submitted on 5/10/2024, and meets the conditions specified below. If your plans should change and your
project will no longer meet these conditions, please contact me before proceeding.
MAINTENANCE AND REPAIR - [G.S. 113-103(5)(B)(5) and 15 NCAC 7K.0103(a)] – Maintenance and
repairs (excluding replacement) necessary to repair damage to structures caused by the elements are
specifically excluded from the definition of development under the conditions and in the circumstances set
out in G.S. 113A-103(5)(b)(5). Individuals required to take such measures within an AEC shall contact the
local CAMA representative for consultation and advice before beginning work.
Structures may be repaired in a similar manner, size, and location as the original structure. No expansions
or additions are permissible. The repairs are limited to 50% of the market value of the existing structure and
the following specific conditions.
1. The project consists of the repair of the two front decks as described in the estimate and
shown on the work plan drawing.
2. The proposed repairs shall be consistent with all other applicable local ordinances and North
Carolina Building Code standards.
3. No expansions or enlargements of any kind are authorized by this permit. All work must occur
in the original footprint and be limited to less than 500 square feet of deck.
4. No other work is authorized by this exemption letter.
5. The Permittee and/or the Permittee’s Authorized Agent shall be responsible for obtaining all
necessary authorizations, approvals, or zoning and building permits from the local government
having jurisdiction (Town of North Topsail Beach and/or Onslow County) prior to commencing
work.
This exemption to CAMA permit requirements does not alleviate the necessity of your obtaining any other
State, Federal or Local authorization and N.C. Building Permits. This exemption expires 90 days from the
date of the letter.
Sincerely,
Jonathan Lucas
NC Division of Coastal Management
400 Commerce Ave.,
Morehead City, NC 28557
Cc: Kate Winzler, Town of North Topsail Beach
Encl: Estimate and work plan drawing
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Express Lien dba lien 2018
Contract for Construction/Maintenace
This Construction/Maintenace Contract is entered into on 05/05/2024, by and between
Barry Weinstein and Tami Grosko (“Owner”), and Michael Farmer (“Contractor”) who agree to
the following Project as follows:
1. Agreement
Contractor and Owner wish to enter the following Contract, whereby Contractor shall furnish
labor for the Weinstein/Grosko home located at 212 Oceano Vista Drive. North Topsail Beach,
NC. 28540 (“Project”).
2. Contract Price and Scope of Work
Owner and Contractor agree on a price of $ 9,500.00 (labor and material) to rebuild both front
cantilever decks and install new hand railing on both decks. This will include removing and
replacing all joist and deck boards. Contractor will also reinforce all cantilevers with bolts going
through cantilevers and pilings. All fasteners will be stainless steel depending on availability.
NOT INCLUDING ANY ADDITIONAL ADD ON’S
Any Add On's will incur additional charges as well as time added to the contract.
3. Term and Schedule
The contractor will begin work on or about 05/8/2024 and will finish work on or about
05/14/2024.
Depending on any issues that may arise during permitting, if permitting is required for job.
4. Payment
Payment shall be made by the Owner to the Contractor according to the following Payment plan
which is for labor and material:
Express Lien dba lien 2018
$ 3,800.00 at signing of contract.
$ 700.00 at start of job.
$ 4,500.00 at end of job.
Contractor and Owner agree that, if payment is not made according to the above Payment
Plan, Contractor is entitled to stop work until payments are current.
5. Permits and Licensing
The contractor agrees to obtain all necessary permits for the construction of this Project and will
do so with a cost of $ 500.00 (non-refundable) permit filing fee if applicable (homeowner
responsible for cost of all permits) to the homeowner. Further, Contractor certifies that
Contractor holds all necessary licensing to perform the work required for this Project and will
only hire subcontractors who are properly licensed, if any.
Owner agrees to help Contractor obtain any necessary licensing or permitting if cooperation by
the Owner is required to obtain said permit or license, ie paying towns fee for permit
6. Subcontractors
Contractor shall be fully responsible for all acts and omissions of its subcontractors,
suppliers, and other persons furnishing any work for this Project
7. Materials and Equipment
Unless otherwise described in this Agreement, Contractor will be responsible for securing all
necessary materials and equipment for this Project. The owner will be responsible for funding
all materials required for this contract as well as any materials needed to complete the contract.
Express Lien dba lien 2018
8. Job Site
The contractor agrees to leave the job site clean and free of debris, equipment, materials, etc. at
the completion of this Project.
9. Change Orders, Alterations to Contract
Any alteration to this Agreement or the project Drawings must be agreed to by the
Owner in writing. Change orders will incur a change order fee of $150.00 per change order
not including labor or material.
10. Termination by Owner
If the Contractor breaches any obligation created by this Agreement or the attached
Drawings (if any), Owner may give the Contractor a Notification of Breach which provides
Contractor notice identifying the breach, in writing. Upon receipt of such Notification of
Breach, Contractor will have seven (7) days to cure the breach. If the breach cannot be
cured in seven (7) days, the Owner is entitled to terminate this Agreement and take
possession of the Project. Alternatively, the Owner may cure the breach and deduct the cost
of curing the breach from the amounts otherwise owed to the Contractor.
11. Termination by Contractor
If the Owner breaches any obligation created by this Agreement, Contractor may give the
Owner a Notification of Breach which provides the Owner notice identifying the
breach, in writing. Upon receipt of such Notification of Breach, Owner will have seven (7)
days to cure the breach. If the breach cannot be cured within seven (7) days, the Contractor
is entitled to terminate this Agreement. Contractor will remain entitled to payment for work
performed prior to termination and or place lien on house and property.
12. Severability
Express Lien dba lien 2018
If any provision of this Agreement should be found invalid or unenforceable, that provision
should be severed from the Agreement and shall have no effect on the remaining provisions of
this agreement.
13. Business Hours.
Business hours are 8:00 am to 5:00 pm. Monday – Friday, 8:00 am to 1:00 pm Saturdays. All
contact during these hours will be acceptable. Any contact after these hours will be billed at
$75.00 per hour with a one hour minimum. Initial here. ___________
In the event of an emergency (to be determined by the contractor) the fee will be waived.
This Agreement is subject to the laws and regulations of State of NC.
Contractor Name,
Michael Farmer
1911 New River Inlet Rd.
North Topsail Beach, NC.
28460
Signature & date:
Owner Name/Representative,
Berry Weinstein/Tami Grosko
212 Oceano Vista Drive.
North Topsail Beach, NC. 28460
Signature & date: