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".' ..~/ ; ENFO~RoER.,// \ .../'~ \---/~.., WHEREAS, the Shoreline Managenent Act (ReW 90.58), the Administrative Regulations pranulgated theretmder (WAC 173-14), and the Shoreline Management Master Program for Jefferson County were enacted to prarote the public health, safety and general welfare and to provide a guide for developrent of the land adjacent to our shorelines, and WHEREAS, :HeW 90.58.050 provides that local goverrment shall have the primary restnnsibility for initiating and administering the regulatory provisions of the Shoreline Managenent Act, and WHEREAS, the Shoreline Managenent Master Program for Jefferson County, Section 6. 501, establishes that the Board of County Carmissioners has a duty to seek remedies for violations of the Shoreline Management Act, and WHEREAS, substantial evidence has been provided establishing that Taylor Md::onnick., CMIler or purchaser of that real property described belCM, did on or about October 20, 1976, undertake and perfonn substantial develqm:mt on the shorelines of this state and cmmty by clearing, cutting, filling and grading certain real property described as: North 1/2 of Tract B, Cape George Colony, Division No.5, Jefferson Cmmty, Washington, a violation of the Shoreline Manage- rrent Act, the Administrative Regulations and the Shoreline Master program for Jefferson County; Now, 'Iherefore, IT IS HEREBY ORDERED that Taylor McConnick be and he is hereby ordered to stop all further develcptEI1t on that real property described hereinabove until such time as a Substantial Developrent Penni.t Application has been cacpleted in accordance with the Shoreline Managanent Master Program for Jefferson County and develqm:mt authorization granted or denied. IT IS FURIHER ORDERED that should the said Substantial Developrent Penni.t be denied Taylor McConnick shall rerrove and regrade the above-described property to confonn to its natural contour. DATED this / ~ day of l'bvember, 1976. ~ COONTY BOARD OF CQ.t.1ISSIQNERS By: ~~ B. G. BrCMIl, rman VOL -~ tAG~ o 1287 -tJIIiIf^ . , d ........ r ~ fr ~ "---- /,. r /~ ~.~ ::- . -' "..( ""- ~. - " ATI'EST: /I~ ' ( { . (, (. A. 4. O' a(l/!!.i!AA ~ .-// e~/lf!J/lA>>7 Carroll Marce:t, M:mber . vot ?2!~.Gr 01288 ... .. ~ ' ---.; ("~"'/ "') :.-="~/- . ~ . ( r' ,( I ,C,. j ., ' , If, , .:r< .~~. ,:: ~~ i~ ',. I 'l ~ .". ~ ,,:;t ' 1.- " r. ~ ~.~~~.. "I,. ..~, !<, .. "~~".:r~{.:r" I~~j' .' . .,~!i::. '., ':~. ',:"fL' ...,'f" ,. }:: . I~\t . !'; ,.r', ," - .' ~'. d "t\',"l;"~:~'~ '!' ',' 111.. ;,' )~1~" ."~,~f'~':':"~f.:f~ ~ ,'j', t. ':'~,"'"~- i(' .-~' .:>:t~ '." t "")""'IOL""~"'. .. . '. "''lII... '..' ~.'._. .....' ~..," ,_. ~...::-'i!';SL':' . . <:~~- ~ ~.. . . _ '3l!tiUl~~:~.:e:__",-:-_..8_ .--=';--- - William E. Howard JEFFERSON COUNTY PROSECUTING ATTORNEY P. O. Box 700 , Port Townsend, Washington 98368 Telephone (206) 385-2044 ~5ON' OOUN'IY QAT - P()lltT Tfl.....NdHn~ WI\SHIHCTON Nov~~r 2, 1976 ~~@~n\Y7~[] NOV 2 1976 Mr. Taylor McConnick. 10915 NE 9th Bellevue, WA 98004 JEFFERSON COUNTY BOARD OF COMMISSIONEHS Dear Mr. McConnick: en l'Dnday, tbvanber 1, 1976, the Jefferson County Board of Ccmnissioners si91loo an Enforcem:mt Order requiring that all further developrent on your property stop until such time' as u. Substantial Dcvelop:rent Permit Applica- tion has been conpleted in accordance with the Shoreline Managem:mt Master .Program for Jefferson County and that Application has been granted or denied. '!he Order further requires renoval of the fill should the Substantial Develop- IreIlt Pennit be denied. Very truly yours, William E. Howard WEH/cr Enclosure Board of ConnLY Carmiss.ioners ~ David CUnningham, Director of Planning Jack padia, Buil<l0g Inspector cc: , "" 1 2 PETITION , L../~) , FOR RECISSION OF ENFORCEMEN~/OR~ I ,,' , /' '-.-- 3 COMES NOW Tayler L. McCormick through his attorney, Thomas 4 C. McCarthy, and petitions the Jefferson County Board of 5 Commissioners to rescind its enforcement order against Taylor 6 McCormick, dated November l, 1976. This petition is based upon 7 the affidavit of Carl Lindsey, clearing and grading plan, letter 8 from David Cunningham dated October 5, 1976, letter to David 9 Cunningham dated October 16, 1976, letter from William E. Howard 10 dated October 29, 1976, all of which are attached hereto and 11 incorporated herein by reference, and the following facts: 12 On October 15 Mr. McCormick received the October 5 letter 13 from Mr. Cunningham and replied to it the next day. On October 14 20, while the work was in progress, Mr. McCormick was first informe 15 16 17 18 19 20 21 22 23 24 25 Y Mr. Cunningham that it was the opinion of Mr. Howard that for urposes of the Shoreline Management Master Program fill dirt hould be valued as though it had been purFhased even though it as merely moved from one part of a lot to another. Mr. Cunningham xpressed the opinion that it would cost from $2.50 to $3.00 per ard to purchase fill material. Although he did not agree with the foregoing method of etermining value, Mr. McCormick directed Carl Lindsey, the ontractor doing the work, not to exceed 400 cubic yards of fill aterial. Mr. t1cCormick did not receive notice of the November 1 meeting 26 of the board until Mr. Howard's letter of October 29 arrived on 27 November 2. ~1r. McCormick subsequently measured the filled area 28 and found that it approximates a trapezoia with sides ranging from 29 32 to 40 feet in length. The depth of fill ranges from zero on 30 the south and east sides to a maximum of 7 or 8 feet on the west 31 side. According to his affidavit, Mr. Lindsey estimates the 32 VOL ? 'Hi ..." f.-,,:. n 144:1 THOMAS C. McCARTHY ATTORNEY AT LAW 200 MCAUSLAND BUILDING ,oatO N.IE. 8TH lJTREET III:LU:VUE. WASHINGTON 98004 4154-3081 ~ ......,>..... 1.'.....".........._.... " . ~'0-.1""""';';';~'H ~,~.......,-.:., 1 2 3 4 6 6 7 8 9 10 amount of fill at 200 cubic yards, plus or minus 50 cubic yards. If the board has any doubts as to the facts stated in Mr. Lindsey's affidavit, Mr. Lindsey is prepared to visit the site with the members of the board and answer any questions. Hi.. ~ ~~~~ homas C. McCarthy - Attorney for Tayler L. McCormick . . 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 VOL 2 r~~ Ot444 THOMAS C. MCCARTHY AT1'ORNIEY AT LAW aoo MCAU8LAND BUILDING loalO N.II:. 8TH STRIlIET BII:L.LJEVUL WASHINGTON .8004 484-80S1 .,.......".. .':".'_-~'";.y"~~".~';'j"'",,,,,,,,""";':,,,< . AFFIDAVIT STATE OF WASHINGTON) )SS COUNTY OF KING ) ..... ._.." .:,'.~.~~...........,....._..."_ ;.. .,.........'.I.*oc~...-...._..~.. ..~./_'.""1i', ..Carl Lindsey,' bethg'first duly sworn, on oath deposes and _:..T....-'t:<.'..{.~..;..~. says: I have approximately fourteen years Q~ experience in the earth moving business. On October 20, 1976 I moved some dirt from one part of the lot to, another on Tayler L. McCormick's lot at Cape George Colony. This work took 3-1/2 hours for which I charged $30.00 per hour, a total of $105.00. The filled area starts from a 0 depth on two sides. The deepest fill, which is on the west side, covers only a small area because the original ground level dropped sharply just before the edge of the fill. My best estimate of the amount of fill .." .-,.""'-- mcite:r:i:al is 200 cubic yards and it is not le~ssthan 150 nor more than 250 cubic yards. The fill material is not as high quality as we could have .1l delivered from our gravel pit at a cost of $2.50 or less per cubic yard. ca~#~ ~ Subscribed and sworn to before me this~ day of November,l976. . .......! r or" !,' 'II,. ......~... ~, ,. ,:' ..._~ ,r"/,, r~' ~,-. ..-..... -,...// --::--/ },.;:.>::~"""~ ;~~.-:1-;\ 2- "!;::' . - r r=';,~ .~, ~ ~ ~~ --- ~~ ~ ~;\~:!:?'~',::'//- j _ /:\....1:',..,.. '. ......"" %., ~ ~_..:_:~~_,...-~ -:.,"4.~:'" ~ /j,,:" -,. t:..~ .....,' /////1: I " ..,.'j, /"rrrrrr:r,'" ./ ~~. .A;~ NOt ry Pub11c 1.n and. for t e State o~ Washington, residing at j?~~~ , ~ , , VOt 2 rAr,~ o 1445 ..,. ".;...i'4i:kt."....;.i:oliL.O,=......,;'*'-":~ ;..:-;.::.. BAY , ()ISCDVe ~y ~-----~~ ?S.I' , \ \. ~ '~ ' ~... ..\/c'~.L_/>/I-l m \1\ \t ,\' ,~ f '<. '" ~. ~ ' I ", < } ~ ~ ~ ..'1 ~. I ~ -'1 . .- "n ~ '\}, \j J! . ".?~ ~ " "'" ~. , . '\ ' , ~. .) ',,<- ': , , '~~~ " ,,-, 1\' 'I ~'t--" , , .. i / : \,./._ I .. ~' _ _ _/~f J 1) "- "'- ~ .~ ~ , '~ ~ ~,. ~ ~ q \r., l,..; '}, ~ ~ . , f\\ / , - ,; , I -'-.- -'A ~ ...11 ~:t '" -t: r ' 'i\ >>- f'\......."- 1" ..,., " 'i l. "I V C .~ ; I e~ -\\ \" ",i, ~ ..... '" I ,,", ..... /' '-'T "", ~ r -4, ~ , I .v- U ,..."..J / ;.1'-- ,- - -:;' .",--' I () '\ I I \. '\ \ . . J , J \ ~ ' I ~"' I ~ }:i 1 ) / , (;, ).." m :~ ~"O ..' j ~fi\ '~ 'I j r " ~ ~ ;S 1. ~ '{~ 0 ,,:V,.~ i 1..:' ~ ~~ l\ ii1 ~' ~ S ~ ~ ''0 .~ ~ ~ ~ ~' . ~ '"h ~ " 'I 't ;/ , ~ , ): ,'~ i ~ , ..-. ... III .. :cz) N ,,~e On~~ .. Q .... 'i\ i~1- ...->~ ,', t ~ ~ ~ .... ... ~ 11 3 w~~ te '~ l' ~~:1 - ~ > ~ III Z ~~ Q : "\Qm . ~ " l "~ ~ ~ I C 0 ~ " ~ ()\ -< -E . t, / ,/ .' -- ..,.,. I · J . ,_/ /" I ,}~ ,e--( S'u~ , . --~.Z1> ~". "\ ~, ",,/ ,,/~,' r 144f 'W.- . .\::: ....:,1 J ,~, ~,., ,~ .~ !t.r.~ ,"' __"~ ,',; , "~"'>~'l"_~~',::~ . " \.,,:_;~'.' ;-. . .'~ _'~.... "'/'" ',',' .- \i ' ~.( " ~.' 1!r~'/t~;'~o\W~;I~-t:..!..>" ,;-,..);." "'po ..,' ~_____:..' ....,',.. '7~ "-""''''~:.~.' _. "~~,_.,. ..",'_~_..:"" '. .f~ Taylor McCormick October 5, 1976 Page 2 The construction of a single-family residence by an owner, lessee, or contract purchaser, for his own use or the use of his family, which residence does not exceed 35 feet above average grade level, does not require a Shoreline Management Substantial Development Permit. However, landfill of which the total cost or fair market value exceeds $1000 does require issuance of a Substantial Development Permit by Jefferson County. The Clearing and Grading Plan approved by the Cape George Colony Club Building Committee on September 25, 1976, does indicate an area to be filled. My preliminary calculations indicate that approximately 800 cubic yards of fill material will be employed according to the plan which would exceed the aforementioned $1000 permit- -exemption criteria. Please contact me at your earliest convenience so that we might ascertain the precise elements of your project and expediently handle any necesstiry administrative requirements. Since.~ ~e,llr ~. '~ If~JJ / ,J'ffi",,' ,; /JI"!..,'.r 'L------ , ~,/,,'l,..._.. .. ".c;. Da~id Cunnin~m Director of Planning DC : 1 s cc: Board of County Commissioners Russell Abbott Harry Holloway III Glen Abraham Ralph Anderson Jack Padia Randy Durant Vernon Yaklich Encl: Jefferson County Shoreline Master Program *:;. October 16, 1976 David Cunningham. Director Jefferson County Planning Department County Courthouse Port Townsend, Washington 98368 Re: Your letter dated October 5, 1976, received October 15, 1976 De ar Mr. Cunningh am: In regards to our phone discussion regarding the clearing, grading and permits of my lot (North-half of Tract #B Cape George Colony, Div. No.5) and so you have no misunderstanding in what 1 plan to do: #1. At this timel only plan to clear and grade my lot as shown in the permit that 1 received from the Building Committee of Cape George Colony Club. 1 will be cutting and filling and 1 understand that 1 can spend up to one thousand dollars on this work without issuance of a Substantial Development Permit. Mr. Roy Lindsey will be doing this work and at your request 1 would be happy to show you the bills on the amount that 1 spend. As to any seasonal drainage through my lot 1 plan to let it proceed without any interference. #2. In 1968 1 applied for and received a building permit from Jefferson County. After many years in the Courts I prevailed to build on my lot as far as Cape George Colony Club is concerned. Last year 1 called the county and 1 was told that my permit was still valid. If for any reason that this is not true pi ease let me know and when 1 get ready to build 1 then would be happy to apply again. 1 want to make it very clear that 1 want to comply with all goverment agencies and 1 am doing my best to do that. If you ever haVl~ any questions please let me know and 1 will be happy to talk or meet with you. I also want to thank you and your staff for all the help and kind cooperation that you have given me. Sincere ly, T. L. McCormick 10915 N. E. 9th St. Bellevue, Wash. 98004 454-4007 Encl: Cape George Colony Club permit, Jefferson County Building Permit Clearing and grading plan. , , \ " " ...t.~A <', -"~, I '" ' { -"""' (I~. F. '. .111', J fl'1/ ii '",~-'~ . " ~)'A .~. "~' ~'4i.~'~' 1*.... . \,', " " " ,.... ... ~" '''''', ' il l "'. ~i~'~ J" '0 " ~'y: ,'e;: .,'~~;,~!A'. ,. 'ft,,~'r' ,i,:~ ~'ll"'.' '':f'' ~ ' ' .; , ' n kl"~\.. '~,' ',)..." m ' ,~,ff! ..'." ~i,. " ....,.,'i ,.te'.' ,'lJiii. ~,~, \ ,. , !;-)"'" ii1!"'~'if'-)'.. I:J!.', r,,,,..:~. '..,...,. ~ik~~::?t~~:~_=~,,~i:=..:~,..-.. \Villiarn E. Howard clEf' F'ERSON COUNTY PROSECUTING ATTORNEY P. 0, Box 700 Port Townsend, Washington 98368 Tp(ephone (2116) 385,z(144 Tl'F'F'bnsol"il ..';O(Jf<rry !';EJ,. ~ - P(llIT Tl~\.\ "'...:1;.'''1' -,~ ,...Hl=', October 29, 1976 Mr. Taylor McConnick 10915 NE 9th Be1levue, WA 98004 Dear Mr. McConnick: David Cunningham, Jefferson County Planning Director, has provided Ire with copies of correspondence between yourself and his office and has further advised Ire of the developrrent work which was performed on your lot in Cape George Colony. Based upon the infonmtion provided by Mr. Cunningham, the estimate of fill rraterial provided by the County Engineer's office, and my o.vn observations, I plan to present to the Board of County Corrroissioners at their regular JrCetmg this coming MJnday an Enforcarent Order directing you to cease clll Jeveloprrent work on the property until such time as you have rrade application for a SubstanbJ 1 Developnent pemi t and that Pennit has been granted. Very truly yours, J " ~ ']'1 ('\ ' " , ,,~ / \ tV ~ ~ , lli~ E. Howard --7 ') ( I "'--. / t '1 J~'....1./ , \.t 10.'''''' I WEH/cr cc: David CUnningham Jefferson County Board of Commissioners w/enclosures Pt:J5+vr7tt'~k~' R-eclv'Pc4 Tves. So+ oc.+ $0 ~~.,,"'7 4:-, Wa., }JDV. Z. ,:., lSe//"IIlNi- ~,-o...o ", >"",~""o.~'_'''';'UO::""" ~ .;, ~~ ~"""" i rif1! \ ,td., f\ /,/.;: '>. ~, William E. Howard JEFFERSON COUNTY PROSECUTING ATTORNEY P. O. Box 700 Port Townsend, Washington 98368 Telephone (206) 385-2044 IP....lION (OUN'TY SIlAT - ~~, WA,tHINf:JnN October 29, 1976 [.:rr"1 ~(: Mr. Taylor McConnick 10915 NE 9th Bellevue, WA 98004 Dear Mr. McConnick: David Cunningham, Jefferson County Plarming Director, has provided Ire with copies of correspondence between yourself and his office and has further advised Ire of the developrent \VOrk which was perfoIllEd on your lot in Cape George Colony. , Based Utnn the infonna.tion provided by Mr. Cunningham, the estimate of fill material provided by the County Engineer's office, and ~ CMI1 observations, I plan to present to the Board of County Carmissioners at their regular neeting this coming M:>nday an Enforcement Order directing you to cease all developrent work on the property until such ti.rre as you have made application for a Substantial Developrent Pennit and that Penni.t has been granted. Very truly yours, William E. Howard WEfI!cr cc: David Cunningham / Jefferson County Board of Conrnissioners w/enclosures THOMAS C. MCCARTHY ATTORN EY AT LAW 200 McAUSLAND BUILDING 10210 N. E. 6'U' STREET BELLEVUE, WASHINGTON 98004 454- 3061 November 23, 1976 Mr. B. G. Brown, Chairman Jefferson County Board of commissioners Jefferson County Courthouse Port Townsend, Washington 98363 ~" " .~~L___.,.. rR?~~~~~g[DJ JEFFERSON COUNTY eOARQ Of COMMISSIONERS Re: Enforcement Order against Taylor McCormick Dear Mr. Brown: Enclosed is a petition for recission of the above enforcement order. Please place it on the agenda for your next meeting. I believe that Mr. Howard will inform me of the action taken. Very truly yours, Thomas C. McCarthy TCM: j a Enclosure cc: Mr. William E. Howard Mr. Tayler L. McCormick VOL 2 fAt~ o 1442 ~/ ' (( r( 'PJ.J1~ . PROJE:C.T: LAtJDF=ILL LOcAT.,OtJ: T'RAC..T f? OlY'''ION 4) CApe6l:O~arCDLDNY NARRATIVE:: IM~ltiM of ~ fubJut fawJfH1 LlI45 ~ ()fl f};~' n~'2. 14710 bIJ' M~~lfauJ 612.r\~ ~~ of ~" ~~irwr~ tJfh~. D+ 1e4 Ma..~U~I1Ut\~ uJU'~" MM~ of -fhL l~f;1I M it a;~~. I ~ +o(foft)i~ ~aphiG. !Mto-;al dM COMp.-.' tJt~on~ r~pm~ mefhoJo~~.. .. .. '.' '. " at reA'!lo t- It I~ t.O~ludu1 '{hot",4'L1wbs" yortl~ of ~D~} $~ J anJ t:1irf fill hhs been ,pIMi'.d In -J+1e. 100000-c.har1nel. ' VUL 2 at: 101452 ~ 1:' ~ ( .~!GTIO"" A ~Ol -I ( ~~TIO'" F6 - 701 ~ -. - 0 (. ,'0: - . 0' ,"~~ 36 . . ,. ,. ", . ,--'- ,.' ,j.-- .y L PLAN VIE:\V ~ ~ ~81 O. '." ~ 0 ~ 0 " :. '.:.\ 81 ".... . " . . ~ ..... " .:- . OJ -r l I ..... -, ... ... - ... .' t "," '... '. ..... . . .. .:' I' . 41 .... .' .. . . ~.... . eLeVATION " . .. .. .. .. , .".. . "._ e. . . ... I. . ~ , . . ." .. .. . . .. . e} ".f ..~ .,... .., . ,_... ... ........ , ".. .. . '~.'. ~':~ _,,, ...'.:-~.. ~ /." ~/."" ._. '":. #.. ...., eo # r + 22' - I et-Jo vieW - VOL r 2 rAG~ : 0 1.453 1-' ~ ( ~ ( .. . " ." '"' . "" ..... . . OBLIQUE: 1 - . GOHpUTATJON~: CU-'G. Yt:1~. or F'l-L.: 427 ~l5c,T!OjJ A_ C.Y. "'f fY'''''t-JIt' .::. C-. .......-: ==- c. ..v. = G.Y. ,VOL . . . . . . . . . . . . . . . '/3 (8A~ A"I!A) (.f.Ia6ftT) - 27 ,/~ rr=56) (4)] (702 "2.7 94 ~ Commissioners, Jefferson County Mr.B.G. Brown~ Chairman Mr. .\.M. (B~d) O'Meara ~ Mr. 'Carroll Mercer <, ,... ph P. iUl~O:: Route 3 Box 61, . Port Townsend, WA 385-1966 Oct. 2, 1976 .. pe George C", ~ ;my 98368 '.".' , . I Reference: Letter'of Russell Abbott, President of Cape George Colony Club, Dated Octobe'r' 1, 1976, Regarding Tract B, Div. 5, Capo George Colony \, Gen tl emen : I wish to express my serious concern regarding the 1M tter of cons truction in a certain gully a t Cape 'George, contiguous to my property, and within" 200 feet of the shor,e line, which is the subject of Mr. Abbott.s letter., 'This site is a natural drainage gully subject to "gully wash" situations and clearly falls ~~ thin the purview of the Shore Lines Manag(!1'llent Act. The development of this particular location on Tract B, Div. 5, Colony is a venture on the part of messrs. Gunnar Bersos and Taylor McCormick of the Seattle area who are respectively a builder and real estate broker. The sub-divisi~n has only recently been accomplished into a North 1/2 and South . 1/2 portion as two separate parts of Tract B. This in no way can be cons idered a hardship s i tua tion. I have found that the Cape George Colony Club improperly and illegally ( in my opinion ) gave the developers permission to move in and grade and fill this area on September 25 absent any oermi ts from ei ther Olvrnpic Heal th Dig trict or the Jefferson County Building Inspector. Mr. Randall Durant did, in fact, on July 22, 1974 and July 24, 1974 reject the North 1/2 gully area of this now sub-divided Tract B as a building site. Since this is patently unsuitable for bUilding, my counsel, Mr. Harry Holloway wrote on two occasions, September 8 and September 29, to the Cape George Colony Club expressing our'several concerns. (see copies attached) We request that'the Commissioners refer this matter to the purview of the Jefferson County Planning Department and further, request the following: (a) That the Conmlissioners insist upon Mr. Bersos and Mr. McCormick following all of the proper procedures respecting Olm, Jefferson County Building Dept., and Shore Lines Management permi ts before they are allowed to s tart work. (b) Tha t I have the opportuni ty to examine the detailed and final building plans for development of this contiguous property before comstruction. (c) That I have the opportunity, with adequate time for preparation, to appear as may be necessary before the appropriate agencies for hearings on this ma tter before cons Uruc tion permi ts are given. : Your cons idera tlon of the above will be apprecia ted. cc: David Cunningham, Dir. Planning, Randall Durant, R.S. , O.H.D. Jack Padia, Chief Bldg. Inspector Sincerely, c?~L tflJ.-I- Harry Holloway-a tty-a t-Law VOL 2 fAr,:: o 1455 . --..-......-.--.,--.-. .. .:_.~T " l."W O"IC.. ! ,,...,,,, GRADY Be HOLLOWAY 112 TAYLOR .TR'UT POAT TOWN.IND, WASHINGTON a.aoe A CLIMIlNS GRADY HARRV HOLI.OWAY III , Septollber 8/ 1976 .. TILIPHONI a.S'1400 t ;_ Cape George Colony CluJ;>, , Inc. c/o Russell Abbott Cape George Highlands Port Townsend, Washington., 98368 Gentlemen : i, --'., ') , ; "'i,1:\l ~ (I'? /,00" 1l\11!'. IN "lEflLY ".,.." TO ...". Holloway ~~~ f? 'O.\'IW~"/o. ,~t ~~~.iV ,.' 1f('.:ft.':Q,>, I ~ \, '~ " . I; . . This office represents Mr. Ralph Anderson who owns land imnediately North of and contiguous to Tract B of Cape George Colony Club, Division 5, the North half of which is ,owned by Hr. Taylor HcConnick emU the South half owned by Mr. Gunnar Bersos. Mr. Anderson ha.s deep concerns over ,the proposed developnen.t of Tract B 'Which center about the adverse impact result'ing from possible lrodification of the contours of the drainage gully along with land fill and installation 'of septic systems or drain fields. We are infonned that Misters Bersos and HcConnick wish to negotiate directly with Cape George Colony Club, Inc. to work out plans for a dwelling to be located on Mr. Bersos property, and thereby avoid the use of a referee as ordered by the Court in Jefferson County Cause No. 7635. We are concerned that as a result of any such negotiations either Hr. t-lcConnick or Mr. Bersos may obtain the approval or sanction of Cape George Colony Club, Inc. to conrnence t\Ork preliminary to actual construction, i. e., land fill, modification of land contours, perc holes, earth rnoving, etc., without going through established County building procedures or canplying with State law. It is our opinion that the proposed develoIXTIent of the subject property will be subject to the proVisions of the State EnVironmental Protection Act and the Shorelines Hanaganent Act. /my actiVities in the nature of land preparation con- sented to or sanctioned by Cape George Colony Club, Inc. without requiring the developers to first comply with County or State laws could possibly result in an adverse impact that these laws were enacted to safeguard against. I am aure you will agree that even a good faith attanpt to comply with any restrictions that Cape George Colony Club, Inc. may impose in pennitting perliminary land preparation could lik~dvertently or accidently result in excesses, thereby circumventing the safeguards the law provides. Considering the history of the gully located on the subject prOpL'Tty, which proVides drainage for a rather extensive upland area, and it's potential for damage if it is improperly filled or if it's contours are ~roperlyrnodified, we hope that you give Mr. Anderson's request serious consideration. It is in the interest of protecting against any mishap or damage that we request that Cape George Colony Club, Inc. insist that no construction activities whatsoever take place op the subject property ~nthout the developers first obtaining the required permits from the necessary County and/or State agenc~e~. cc; Glenn Abrahanl Ralph Anderson Very truly yours, GP~Y & HOILCMAY ""'~'VOt-' , ,2-"tAb~""..'.' G'1::4'56" . ......,...........,......-.. ....,- " ~ ... ,I " LAW O~~IC.CI GRADY Be HOLLOWAY 112 TAYLOR STRltltT . PORT TOWNSEND. WASHINGTON G8:!1ea " ' SeptemPer 29, 1976 . t ,. TELIIPHONIl 38D'.400 " CLEMENS GRADY HARRV HOLL.OWAY III , ;, ..,,,,' I \, Mr. Vernon Yaklich Cape George Colony , Port Townsend, HA.Q8368 Dear Hr. Yaklich: , i. , IN REPLV ..a'lt" TO MR. Holloway ~~ t'? y~, ~_, ~~&~ , CI ' ". ,. This l~tter 'is being \vritten to you in your capacity as chainnan of the -building carr.1ittee of Cape George Colony Club. Inc. Our o~fice represents Mr. R. t{. Ander.s.on owning property at C1.pe . George Colony adjacent, to and North an~ contip,uous to Tract B of .. Cape George Colony Club, Division 5, the 1l0rt~ half vf which is owned by Mr. McCorrUck .,;md the south half of which is owned by, t''h:'. Bersos. :i It has cane to our attention that the building corrrnittce has given pennission to ~1r. ~"!cCol1nick and Mr. Bersos to rove in and cut trees,fill, level and grade their respective lots without making any detennination as to whether those lots \.;ill be suitable as building sites as per the rules of the Olympic health Department and the Jef- ferson County Building Inspector. Both the north half of Tract B and the south h.1.lf of Tract B are required, as indivi.dual sites, to obtain buildin~ pennits inasmuch as the recent lmol suit involving those parties resulted in a detennination that Tract B is in fact two separate lots. " Ttvo ,provisi.ons of the Building Guide Lines and By LavlS of Cape George Colony Club are applicable to the sitUation and have not been observed by the building comnittee. Paragraph 5 of the Building Guide Lines provides that no work of any nature shall be started on the property before the plans are approved in writing. Paragraph .19 of the Building Guide Lines provides for the procedure to be followed in issuing building pennits.. He are advised that these. Guide Lines have not been complied with in any respect. . I am sure that you can appreciate giving pennission to develo certain properties, in any respect whatsoever, '\;.n.thout requiring compliance with the established regulations governing that development only permits the circurrtVention of those measures provided in the, laws and regulations for the protection of the public. ' ~1r. Anderson's concerns over the develor:met1t of the subject property are well docunented in his ocrrcspondence to the Olyritpia 'Health District. Jefferson Calmty Buildin~ Inspector, and Cape George Colony Board. Hr. Anderson has grave concern that the fill placed on this property or changes Ul the gully contours could lead to substantial drainage problems affecting his property and Cape George Colony and that this initial approval qn the cOllmittee' s part to cut trees, fill, level ': "VOL 2rAG~ . :0,1457 ~ " . ~\Ir. Veroon Yakl ich Septanber 29, 1976 Page two. " and grade will 'pennit the developt~rs to excec..>d what they would have been able to do had they been required to obtain the necessary approval of 'the building inspector and Health District. As you know this proposed property developnent falls within the purview of the Shoreline Management Act. It would appear to us that the activities to be tmdertaken by the developers pursuant to your pennission 'tvould clearly exceed $1,000.00" and involves a certain' ~~1t of filling thereby renoving the develop- ment of this property iran the exempt provisions of the Shoreline Manage- ment Act. Therefore -r.tle feel it v.uuld be only proper to allow the building , inspector to make, a detennination of whether or not a Shoreline Manage- ment Pennit sholQ.,d be obtained before any development occurs on the property rather .tha.."1' making such a determination yourself as you have undertaken to 00. We do not feel th.'1t the building cOl!lnittee has the authority or right to circumvent the By Laws of 'Cape George Colony Club, of which the Building Guide Lines are a part, i111d that the rmnifications of the permission to start to develop on the subject Tract were bnprop- erly considered by the conmittee. Accordingly, we herewith request inmediate recision of any permission or authority granted by the building conmittee for the develop11cnt of the subject Tracts pending. the issuance of a building permit in cOlnpliance with the By Laws of Cape George Colony and regulations of Jefferson CO\.n1ty, Washington. .' Very trul: yours 'j GRADY & HOUD'HAY '1~4I~ft~f(l6J~).~u...._. ; j .'", I. ~ l__., /.' l . HH/laf cc: Russ Abbott Glenn Abraham r-alph Anderson v'" c. . ...~ . . -: 2 rAGE 01458 VOL '" .-J':.' ~....... .' .ji'~ ;'-....' ,--,,,,'-...l.b.. ..J \~~' ~_,"..t.. '" ..- j'4 . J... --.... '" j. t.J -, ~ J '-'--~".. Route 2, Box 85 ' Port Townsend, Washington 98368 I ,. Ootober 1, 1976 . :- \. Hoard of Commissioners, Jefferson County Jof~~rson County Cour~ House Port Townsend, Wa 98)68 \ , , Gontlemen. CllPO Georgo Colony' .Club, Ino. has issued a penni t to Hr.,T&ylor MoOormick to clear thanorth hal! of Tract B of Oapo George Colony Club, Division j, preparatory to obtaining a 'building permit for'~ 81nele family dwelling. . This lot' has a drainage gully whioh could be affected by tho proposal which Mr. MoCormick has submitted to tho Club. Sinoe the Club oannot aocept responsibility Cor administration of the Shorolines Mananement Aot or other u~ono108 which may be conoernod with the proposed work on this lot w. are hereby notifying you of this proposod action of :<lr. NoCormiol{. .. Wo vill notify you of wru~tov.r progress is being m&de on grading this lot 80 that you oan approve whAtever aotion/may feel li.. within your jurisdiotion. you Aa of the date of thi~ lot tor no grading hns been done on tho lot in question. In V1el( of' the drainnge problolll Ghould any further permits be required other than tho one r;iven by the Buildinf~ Comm1 ttoe of Cape GGor{~o Colony Club Guoh requiremonts should be direoted to the Building Committeo, Mr. Vernon Ynklioh, Cha.irman. A oopY of tho plan of the propo.ed crading of the lot i8 enolosod. Vory truly yours, Russell Abbott, President 00& David Cunningham ino. RAId vot 2 tAt~ '.0 1459 " ~. ~- r.',,'lfi'" ;: ~ISION OF ENFO~~~'/ '~~._,...",,,,.,,,,,,,"c""'''' WHEREAS, an Enforcement Order was entered November 1, 1976, based on infonnation that Taylor Md::onnick, CMIler or purchaser of the North 1/2 of Tract B, Cape George Colony, Division NJ. 5, Jefferson County, Washington, had violated the Shorelines Managenent Act, the Administrative Regulations and the Shoreline Master Program for Jefferson County, and W-mREAS, a Petition for Recision of Enforcem=nt Order was sent to the Jefferscn County Ibard of Comnissioners under date of November 23, 1976 by Mr. McCarmi.ck., and WHEREl-\S, this matter was set for hearing on December 13, 1976, and WHEREAS, based on the inforrocition now available to the Board of County Camlissioners there is irlSufficient evidence on which to conclu1e that the provi- sions of the Shoreline Managenent Act, the Administrative Regulati,QIls, and the Shoreline ,Master Program for Jefferson County have been violated by the said Taylor M::Cormicki Now, Therefore, IT IS HEREBY ORDERED that the Enforcarent Order of November 1, 1976, be and it is hereby rescinded. DA'IED this 13th day of December, 1976. JEFFERSOO <XX1NTY roAm OF a:MMISSICM:RS ~ a,~~~~ . . Meara, Member - r!-!1/Vk!1lllJl:~er~ VOL ? .... r~.C~ o 1486 -.I- e...{) fl-l..LJ' U {)C<J''< (i a./)d iF ~ ~...;-......,.~ . " . ...........-#-....,'-'._....'..._. _ ,..,l. ""_~_