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Board of Appeals Minutes—October 14, 1998 7 <br /> William McElroy -Requests a Variance from Sections 174-31, 174-33 and 174-86 of the <br /> Zoning By-laws for permission to vary the front setback requirements, the setback from <br /> the wetlands and to allow construction in the ACEC. The applicant proposes to construct <br /> a single family home with a front setback of 25 feet from Great Oak Road and a setback <br /> of 35 feet to the edge of the wetlands. The property is located in an R-3 zoning district at <br /> 403 Great Oak Road(Map 126, Block 48). (Owner of record: Christopher Burden TR.) <br /> Jason Stone -Requests a Variance from Sections 174-33 and 174-86 of the Zoning By- <br /> laws for permission to construct a single family home in the ACEC with a setback of 35 <br /> feet from the edge of the wetlands on property located in an R-3 zoning district at 397 <br /> Great Oak Road(Map 126 Block 49) (Owner of record: Christopher Burden TR.) <br /> Members sitting: James E. Regan III,Robert G. Nelson and Richard T. Guerrera, Mr. <br /> Govoni stepped down. <br /> Mr. Regan stated that he met with Conservation Agent Robert Sherman in September, <br /> is He read a letter submitted by Mr, Sherman that confirmed significant adverse effect <br /> would occur to wildlife, shellfish, fisheries and storm damage if the lots were to be <br /> developed. <br /> Attorney Fain Gildea and Norman Hayes of the BSC Group represented the applicants. <br /> Ms. Gildea questioned whether the ACEC regulations and the wetlands provisions even <br /> applied to the lots. She went into a lengthy discussion about the 1974 and 1986 zoning <br /> by-laws regarding cluster development of Little Neck Bay, thereby protecting these <br /> particular lots from general application of the zoning by-laws. Shefurther stated that the <br /> Board of Appeals has granted numerous permits to build in the ACEC and wetlands <br /> areas. The Conservation Commission advised Ms. Gildea that they would not entertain <br /> the applications until after the Board of Appeals determined if the ACEC and wetlands <br /> provisions apply to these lots. She told the Board that at the last meeting it was decided <br /> j to continue the hearings until the Conservation Commission and Board of Appeals met. <br /> Ms. Gildea stated thatgiven the intense opposition to developing the lots,the owners <br /> would be open to accommodate any concerns from the Conservation Commission or <br /> other individuals, <br /> Mr. Hayes informed the Board that when these applications were filed with the <br /> I! Conservation Commission it was determined there were no critical endangered species <br /> habitats on any of the three lots, thereby conforming to state laws and regulations. <br /> Mr. Nelson indicated that he could not support the request for Variances because of <br /> Conservation Commission concerns and general opposition from the public. Mr. Nelson <br /> moved to deny the Variances without prejudice. Mr, Regan seconded. All agreed. <br /> l p J g <br /> is <br /> 1! <br /> F <br /> i <br />