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i <br /> February 1998 <br /> Page 3. <br /> i <br /> 7:40 LILLIAN BERN9 24 Tide Run, continued from 23 October 1997. <br /> Nfichael Grotzke presenting, The plan subrnitted to the Board of Appeals was <br /> reviewed. This was continued for the work limit for the house and to move the <br /> pool to 7' of the lot line. The fence follows the perimeter of the pool which is a <br /> 48'from the wetland flagging. There is a ' apron around the pool. <br /> Mr. Sherman asked if they would be willing to do mitigative plantings in any <br /> sparse areas around the pool? fir. Grotzke Agreed. Mr. Sherman stated it i <br /> no closer than the permitted.structure. <br /> Public comment: none. <br /> VOTE: Motion Ornade and seconded to close pending the Agent's approval of <br /> mitigative plantings. Unanimous dote. <br /> Mr. Grotzke agreed to provide a supplemental plan. <br /> CLOSE PENDING, <br /> 7:50 JASON STONE, 47 Great Oak lid., continued from 4 December 1997. <br /> Michael Grotzke presenting. ?r. Stone was present also. Mr. Hayes stated <br /> the issues to be discussed are pretty much the sane on the three lots. <br /> Mr. Sherman stated at one point he spoke with Elias McQuaid about the <br /> possibRity of reconfiguring septic systems to bring the houses further towards <br /> the road. After Mr. Mayes did.some analysis and passed it on to Aft. McQuaid, <br /> it became obvious the possibility slid not e3dst. In terms of fle3dbility, <br /> reconfiguring the septic systems sloes not provide any, which is not to say <br /> there may be others ways. Also, it should be noted that nothing could be <br /> issued tonight because there are two outstanding issues with Board of <br /> Appeals which are, does the 50 foot setback from wetlands zoning rule apply? <br /> Does the 25 foot setback from the ACEC line apply? Mr. Mayes has made the <br /> contention that because the lots were subdivided prior to the adoption of <br /> those zoning laws, they do not apply. The issue was raised with the uilding <br /> Inspector, the arbiter of the zoning law for the Town and he is of the opinion <br /> that they are not grandfathered. W. Sherman stated he told Mr. Hayes and <br /> Elinor Walsh of Board of Appeals that when someone wishes to make the <br /> point that either of those points apply, they are asked to give their assertions <br /> in a legal document by an attorney and this will be turned over to Town <br /> Counsel to see if they agree. <br /> The Chairman asked if that was understood? <br /> J <br />