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<br /> <br /> <br /> Discussion followed regarding DEP regulations, 2-story homes with roof embellishments, <br />fences and from what point measurements are taken for roof height, fences, walls, etc. <br /> <br />Linda Sposato <br /> , 54 Reef Road, questioned the interpretation of “height”. She felt the <br />LDRs are ambiguous as to “grade level”. She referenced County Code Section 917.06 and noted <br />that the Code should protect the health and welfare of the community, as well as requiring that <br />buildings conform to the neighborhood. She recalled that when the developer of the Gaudiosi <br />property first pulled his building permit, the DEP notified all adjacent owners and each received a <br />copy of the plans. They noted that the elevation was 13.5 feet so no one complained. Evidently the <br />building permit was issued and approved without addressing the septic system. <br />The developer was provided with copies of the Oceanside covenants which state that “the height of <br />any building shall be not more than 2 stories above ……”. She felt that it is imperative that the <br />County and its building officials address the clarity of the regulations and make provisions in older <br />subdivisions to require a variance for larger, taller or any other construction that is out of character <br />with the neighborhood. She also noted the reference to “18 inches above the crown of the road”, <br />and stated that the crown of their road is 9.04 feet. <br /> Chairman Ginn noted that Ms. Sposato may have a civil problem with the landowner. <br /> County Attorney Collins emphasized that the County cannot enforce private deed <br />restrictions. It is up to the homeowners’ association or the affected property owner to enforce <br />those deed restrictions by going to court and getting an injunction. This is an expensive process <br />and the taxpayers cannot be asked to enforce those restrictions. <br /> <br />Phil Russo <br /> , 2140 Captains Walk, stated that he was president of the Oceanside <br />Homeowners’ Association for 5 years, until this past February. He recounted the calendar of <br />attempts the Association had made to obtain copies of the plans and to make the owner and builder <br />aware of the restrictions. <br /> <br />AUGUST 17, 2004 28 <br /> <br />