- 29 - proximity to the Grist Mill and the Woodlawn Plantation. Its physical feature “which [contributed] to the historic or cultural importance” of the surrounding historical properties was its natural state because that natural state provided the separation of the modern world from the 18th century that MVLA and the Woodlawn Plantation were attempting to preserve. The mere possibility or conjecture of a quieter and more peaceful atmosphere that might have been engendered by limited development did not preserve this historic characteristic. To be sure, there was a more peaceful environment before any development occurred. The requests by Hyland, MVLA, or any other influential groups to limit development simply indicate their desire for a development that would limit the quantity or amount of interference with the historic nature of the community.12 The influence exerted by these groups only serves to illustrate some of the difficulties that petitioner would encounter in the development of the Grist Mill property. MVLA received a smaller buffer than it had hoped for and no more than would have been mandated by petitioner’s inability to build on the defined floodplain. Therefore, petitioners fail to qualify on the basis that they had preserved a historically important land area. 12The “requests” by Hyland and MLVA are also entitled to less probative value because of petitioner’s role in drafting those letters.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011