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zoning district in which it is located, a literal enforcement of the provisions or the <br /> ordinance or by-law would involve substantial hardship, financial or otherwise, to the <br /> applicants, and that desirable relief may be granted without substantial detriment to the <br /> public good and without nullifying or substantially derogating from the intent or <br /> purpose of the local ordinance or by-law. <br /> 6. Further, each of the Decisions disregards the request of Plaintiff and several neighbors <br /> that previously established setbacks along the Seaview Avenue side be respected. Also, <br /> a five foot (5') variance from the setback requirement on the Seaview Avenue side does <br /> not address any lawful hardship present at the 17 Overlook Knoll Road real estate, and <br /> even curtails the previously respected views of Plaintiff and other neighbors. <br /> 7. For the subject real estate at 17 Overlook Knoll Road there is adequate land area to <br /> provide parking and setbacks required by law. The proposed new residence will be <br /> substantially more detrimental to the neighborhood than the existing non-conforming <br /> structure which respects established setbacks on the Seaview Avenue side. <br /> 8. There is no lawful basis for the Board's conclusion that frontage both on Overlook <br /> Knoll Road (a private way) and on Seaview Avenue (a public way) constitute a <br /> "hardship" entitling the applicants to a variance from setback requirements applicable to <br /> the 17 Overlook Knoll Road locus. <br /> 9. The proposed complete reconstruction of the non-conforming residence would be <br /> substantially more detrimental to the neighborhood. <br /> 10. Each of the Decisions fails to comply with applicable law and should be annulled by <br /> this Court. <br /> 3 <br />