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08/12/1998 ZONING BOARD OF APPEALS Decisions
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08/12/1998 ZONING BOARD OF APPEALS Decisions
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2 . With regard to the requests to have the setback requirements <br /> from the wetlands to 35 feet in areas that have been defined as <br /> aregs of critical environmental concern (ACEC) we call to your <br /> attention that the distance between Great Oak Road and Jehu Pond, <br /> now called Little Neck Bay, in the location of these three lots is <br /> the shortest along the entire length of that water body. Further, <br /> the wetland in that location is already of minimum width to protect <br /> the integrity of that water body and, we had been given to <br /> understand the total distance of 100 feet or less from road to <br /> water was to be left in its natural state for protection of �he <br /> water body. <br /> 3 . The third part of the requests of the applicants, for <br /> permission to build in the ACEC, of its very nature is strong and <br /> compelling evidence that these three applications should be denied <br /> in Lheir entirety. The very words of the description, "area of <br /> critical environmental concern" must mean that this land by its <br /> nature and location must be given more than the degree of <br /> protection generally afforded. <br /> Whiie we are keenly aware of the nature of the Board' s <br /> responsibility to assist property concerns in the use of their land <br /> by tempering the burdens of the zoning ordinance where the same cart <br /> be done without determent to the public good, we urge upon yop a <br /> determination that in each of the instant cases and relaxation of <br /> the requirements of the By-Laws would result in unacceptable public <br /> determination. <br /> We Lherefore respectfully request that each of the applications be <br /> denied in its entirety. <br /> President <br /> South Cape Civic Association <br />
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