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