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February 1998 <br /> Page 7. <br /> copy of the recommendations wiR be appended to the minutes. <br /> Nk. Sherman stated if the Commission adopts this for future consideration, <br /> there is std room for considering changes in the size of the houses or the <br /> locations of garages so as to push this out of the ACEC and to try to achieve <br /> the 50 foot setback in the bylaw that the Commission strives for. The burden <br /> of proof is on the applicant that it cannot be done and this has still not been <br /> net, in his op ion. He asked that this be adopted as the Comniission's <br /> position for this lot and the other two also. <br /> Mr. Hayes stated because of the situation with the road, the fact they are <br /> putting in a Fast system, they cannot move that House. It is the position of <br /> the applicant that to reduce the size of the house any further is contrary to all <br /> the approvals for the Little Neck Bay subdivision that are on record.. This is <br /> the smallest that has been approved. <br /> Mr. Fitzsimmons asked if there is a covenant that states they cannot build <br /> smaller house? <br /> Jason Stone stated he is tag to purchase the property from Chris Burden <br /> and what he has hied to do is build a home that would be the smallest built in <br /> years in Little Neck Bay. To make the homes salable, they have to .....he <br /> will be' 1000 s.f srnaer than anything being built over there. They are ting <br /> to be sensitive to the issues dere. There is a road on the property, there is <br /> paving, maybe they are unbudable lots, but of they are, the Town did a <br /> taking and Chris Burden was given a fee of 100 or $200 per lot and it may <br /> tura out that these lets, because of the taking and because of the size of the <br /> home that you would have to build to be in the market, are unbuildable. <br /> Mr. Fitzsimmons stated the Commission cannot look at economics or <br /> salability, that is not within our province. Mr. Stone stated the Town did put <br /> a goad on the property. Mr. Fitzsimmons stated this does not seem to have <br /> changed since the last presentation. Mr. Hayes stated the next two lots have. <br /> Mr. Sherman stated the first lot is being discussed at the moment. <br /> Mr. Hayes stated there is a 1962 ancient way, or way, located on this lot that <br /> further restricts what can be clone here and that puts the house where it is. <br /> The Zoning bylaw will say that setbacks must come from a way identified on a <br /> registered piece of land or land in the registry of deeds and that moray comes <br />