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footnote 3,because the Property is bounded by-both Overlook Knoll Road, a private way to . <br /> the northeast that provides access to Naddaffs' Lot, and Seaview Avenue, a public way to <br /> the southwest. <br /> 17. Footnote 3 of§174-31 states that when a lot abuts streets or public ways on more-than one <br /> side,the front yard setback requirements shall apply to each of the abutting streets and <br /> public ways,which in this case is 25 feet: <br /> 18. The.existing cottage has the following dimensional nonconformities: <br /> a. The northwesterly side of Plaintiffs' carport is setback 13.1 feet(rather than the <br /> required 15 feet from the north side lot line(adjacent to Plaintiff Lynch's Lot); <br /> b. A portion of Plaintiffscarport is set back 15.1 feet(rather than the required 25 feet) <br /> from the setback from Seaview Avenue`(southwest side); <br /> C. The southwest side of Plaintiffs' existing cottage/dwelling adjacent to Seaview <br /> Avenue is set back approximately 22-23 feet(rather than the"minimum building <br /> setback of 25 feet") from Seaview Avenues. <br /> d. The southeasterly setback(Nantucket Sound) of the cottage is only 35.6' (rather than <br /> the required 50 feet) from the top of the coastal bank; <br /> e. Plaintiffs' Lot size as reflected in the Assessors Records, and apparently to the low <br /> water mark,is 14,340 square feet. §174-31 Land Space Requirements,R-3 Resident <br /> Zoning Districts.require lot sizes to be 40,000 square feet,but the minimum lot size <br /> iri the Popponesset Overly District is only 6,000 square feet... <br /> 19. The Mashpee Town Bylaws, (the`Bylaws") §174-17.1 allows for the razing and <br /> reconstruction of dwellings by Special Permit issued by the Mashpee ZBA,provided that no <br /> new nonconforrilities are created. <br /> 5 . <br />