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Board of Appeals Norman S. and Lois E. Silverman V-94-36 2. <br /> The Board of Appeals made the following findings : <br /> 1 . the triangular shape of the lot and proximity to <br /> Popponesset Creek restrict use of the land <br /> 2 . the proposed location is the only place on the lot <br /> where the addition could be constructed and <br /> maintain current setback from the water <br /> 3 . the proposed location would encroach 9 .5 feet on <br /> the side-yard setback and exceeds the front yard <br /> setback requirements . <br /> The Board determined that, owing to the unique shape <br /> and topography of the lot, a literal enforcement of the <br /> side line setback requirements of the by-law would involve <br /> substantial hardship to the petitioner and that the side <br /> line setback may be reduced to 5 . 5 feet without <br /> substantially derogating from the intent of the by-law and <br /> without substantial detriment to the public good. <br /> Upon motion duly made and seconded the Board of <br /> Appeals voted unanimously on May 25, 1994 to grant the <br /> Variance of 9 . 5 feet allowing for a 5 . 5 foot side-line <br /> setback . <br /> The Variance is referenced by plans of Cape & Islands <br /> Engineering dated February 25, 1994 . <br />