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5. Each lot satisfies applicable Town of Yarmouth Conservation Commission Wetlands <br /> Protection Regulations; <br /> 6. Each lot has a minimum of twenty (20) feet of frontage on a way previously approved by <br /> the Planning Board or a public way, having, in the opinion of the Planning Board, <br /> sufficient width, suitable grades and adequate construction to provide the needs of <br /> vehicular traffic. Lots without suitable frontage may be buildable under this section if <br /> there is an adequate recorded access easement of at least twenty (20) feet in width <br /> from the lot to a previously approved by the Planning Board or a public way, having, in <br /> the opinion of the Planning Board, sufficient width, suitable grades and adequate <br /> construction to provide the needs of vehicular traffic and emergency response <br /> apparatus; <br /> 7. The applicable side setbacks shall be determined by establishing an average setback <br /> based upon the principal structures on the lots immediately adjacent to the lot to be built <br /> upon as a separate lot or shall conform to current setbacks. In no case shall the side <br /> setbacks be less than ten (10) feet, nor shall a dwelling be built within twelve (12) feet of <br /> the any other dwelling. The existing setbacks of principal structures on the lots <br /> immediately adjacent to the subject lot must be shown on the plans; <br /> 8. No lot shall be built upon if it was purposely created as an unbuildable lot as part of a <br /> subdivision open space or park, or by any other condition or agreement with the Town; <br /> 9. No part of any access driveway shall be within twenty (20) feet of a principle structure <br /> on an adjoining lot, and; <br /> 10. No part of any affordable structure shall be placed within 80' of an existing principle <br /> structure for those lots where the affordable lot is located behind an existing lot. <br /> 412.5.4 The Board of Appeals, as the Special Permit Granting Authority under this section, <br /> may grant a special permit to allow construction of a single family home, to be restricted as an <br /> affordable homeownership or rental dwelling unit in perpetuity or the maximum time period <br /> allowed by law, on a lot less than 10,000 square feet if: <br /> 1. The lot is similar in nature, i.e. in size and shape, to the lots immediately adjacent to the <br /> lot to be built upon as a separate lot, and; <br /> 2. The Board finds that such a reduction in size would further the purposes of the bylaw <br /> without causing any undue nuisance, hazard or congestion in the Town or <br /> neighborhood. <br /> 3. All criteria outlined in section 412.5.3, except the minimum 10,000 square foot <br /> requirement of 412.5.3, paragraph 3, must be met for Board of Appeals approval of a <br /> lot with an area under 10,000 square feet in size. <br /> 412.5.5 Transfer or Sale. The Board of Appeals, as the Special Permit Granting Authority <br /> under this section, may allow the lot owner to transfer or to rent the constructed single family <br /> home to an income eligible immediate family member (sibling, parent or child), at an affordable <br /> price or rent per the applicable standards in Bylaw section 412.1, provided that the unit is <br /> 100 <br />