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i <br /> Board of Appeals Stephen Berish - V-96-36 2. <br /> FINDINGS <br /> ` A. General <br /> 1. the subject property consists of two lots at 37 Keel Way and 99 Waterline <br /> Drive South and contains 77,498 square feet. <br /> 2. the immediate neighborhood consists of single family homes of similar size on <br /> smaller lots. <br /> 3. the subject property is located in the Little Neck Bay cluster subdivision <br /> approved in 1974. The zoning sideline setback requirement is 15 feet and the <br /> rear setback is 20 feet. <br /> 4. the proposed location of the house will result in a sideline setback of 2.5 feet <br /> and a rear setback of 12 feet. <br /> 5. 23,388 square feet of the lot is wetland area. <br /> B. Variance Criteria <br /> Section 10 of Chapter 40A requires that the permit granting authority determine <br /> that there are circumstances relating to the shape and topography which affect this lot and <br /> not the district in which it is located and that a literal enforcement of the By-laws would <br /> involve hardship. <br /> C. Specific Findings <br /> 1. the shape and topography of the lot with the substantial wetland area create a <br /> hardship in the use of the land and the placement of a house on the lot. <br /> 2. the applicant has maintained the 50 foot buffer requirement from the wetlands <br /> and has relocated the house to conform to Conservation Commission concerns. <br /> 3. the 2.5 foot sideline setback on the North side abuts a lot reserved as open <br /> space under the cluster zoning and will not adversely effect nearby property. <br /> The front and other sideline setback exceed the zoning requirements. <br /> 4. the topography and shape affect this lot and not the zoning district in which it <br /> is located. <br />