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February 1998 <br /> Page 4. <br /> Aft. Mayes stated he was going to address that. <br /> i The Chairman stated it is then his understanding that the Commission-is not <br /> in any position tonight to render judgment on this application and asked if <br /> this is an information exchange? <br /> 11r. Sherman stated he believed there are some additional considerations Mr. <br /> Hayes wishes to have the Commission consider and he has some also. He did <br /> not feel everything could be resolved tonight because of the zoning matters in <br /> abeyance and considerations the Commission needs to put forth. <br /> Mr. Hayes stated there are many issues. These are unique lots, unfortunately <br /> situated on the side of Jehu Pond where there is a multitude of wetland <br /> resource areas, salt marsh, BVW, approved by this Commission in the field, as <br /> a location of a pocket coastal bank which affects the lots. These three lots are <br /> wart of the 1.972 Little Neck Bay cluster subdivision. In many of the previous <br /> wings with the Board of Appeals, one most recently represented by Kevin <br /> Kirrane, it was found that yes, indeed, the 25 foot setback from the ACC dine <br /> and the 50 foot setback from wetlands, in zoning, these lots are exempt <br /> because they pre-date zoning. That is in the records of the Zoning Board of <br /> Appeals. All of these current projects that are on-going at INde Run, in this <br /> cluster zoned subdivision, are approved by ZBA without the variances. He <br /> advised he has a letter with him that he will provide, from Atty. Jim P e, that <br /> says these areas were part of the 1972 cluster subdivision and would enjoy <br /> the same rights and benefits as the other ones approved by the Town. <br /> Mr. Sherman pointed out the letter does not say specifically that they are <br /> exempt from those provisions. Mr. Hayes stated he knew, but that <br /> information is in the ZBA. Mr. Sherman stated it is the Commission's <br /> submittal requi <br />