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75 Sunset Circle (Map 64 Parcel 8) <br />the deck is only 8.9 ft. and the dwelling is 11. 1 ft. from the property line. The dwelling also <br />does not conform to the 40 ft. front yard setback, but meets the average setbacks of the <br />structures on either side and is consi ' dered to be conforming. The application is for Special <br />Permit relief for an alteration or extension of a pre-existing non -conforming structure. <br />The proposed Variance relief was applied for because of the 8.3 ft. from the southerly <br />property line. Therefore the applicants are seeking a 6.7 ft. variance from that line. The <br />Board has the discretion to grant variance relief if the applicant can demonstrate that a <br />hardship exists due to the shape and topography, and other soil conditions on the lot, and <br />will not nullify the intent of the bylaw. In this particular case the site plan demonstrates a <br />significant change in the angle of the lot line to the South thereby rendering the front <br />portion of the lot narrower than the rear portion of the lot near John's Pond. <br />Mr. Goldstein questioned the variance request. Attorney Kirrane said that the application <br />condition because it meets the average setbacks. The Board can include this as part of the <br />Special Permit for alteration or change. <br />The Board read the comments submitted by the Conservation Department and Board of <br />Health into the record. <br />2 <br />