2/5/1998 CONSERVATION COMMISSION Minutes

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5 February 1998 Page 9. They can rove 2 feet closer to the road. They will have 39 foot to the BVW line. Mr. Sherman stated, under Chapter 172, if they go inside the 50' 1 u er, the burden of proof is on the applicant to prove that is unavoidable. That has not been met, in his opi.ron. Jason Store stated the problem is he needs to have a garage. if no garage, they would not have a problem. The house is only 26' wide, he cannot make it any narrower. He wants to have a deck. He cannot go any smaller than 2 ' wide. Air. Sherman stated his house is less than 26'. Mr. Stone stated that i a pretty narrow house. The other thing sticking out front is the garage. They need a place for somebody to park their car. Mr. Hayes stated they cannot he roved. forward. They way impacts it, they have a variance on the let. They are moving this 2'; that is all they have. Mr. Fitzsimmons asked if that is the only difference on this lot's fir. Hayes that it is. Public comment: none. VOTE: Motion made and seconded to continue the hearing at the request of the applicant to 5 March 1998 at 7:45 p.m. Unanimous Vote. CONTINUED TO 5 MARCH 1998 AT 7:45 P.M. :20 WILLIAM MC. ELROY, 48 Great Oak, continued from 4 December 1997. The Chairman asked if there is anything different Mr. Hayes i. he l to discuss on this lot? Mr. Mayes stated on this lot they are seeking no relief. There is no coastal. hank. The Strohman letter clearly says that this structure can be built with this deck. in the ACE C. Mr. Sherman questioned in the ACEC? Mr. Hayes stated yes, in the ACEC. He spoke to Strohman and Mr. Sherman spoke to Jim Mahala. Mr. Strohman was explicit, the letter is explicit. He asked how can this Commission permit all of the houses, take a look at 1 Tide Way, the ACEC lane is outside the hu .Ag.......Mr. Sherman interjected that in ail of those cases, the Commission got o' setbacks. Mr. Hayes stated he is talking