10/23/1996 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - October 23, 1996 3. based on the finding that the lot was not held in common ownership with adjoining undeveloped land when it became non-conforming. Mr. Regan seconded. All agreed. Deer Crossing Associates - Italian Market - Requests a Variance from Section 174-55B of the Zoning By-Iaws to allow two signs to be affixed to the exterior of a building on property located in a C-1 zoning district at 681 Falmouth Road (Map 81, Block 23) Mashpee, MA. Deer Crossing Associates - Italian Market - Requests a Special Permit under Section 174- 5 ID of the Zoning By-laws to allow two new signs to exceed twenty (20) square feet each on property located in a C-I zoning district at 681 Falmouth Road (Map 8 1, Block 23) Mashpee, MA. Members sitting: E. Govoni, J. Regan, C. Hawver Mr. Govoni read a letter from B. Bello of Deer Crossing opposing the signs. He explained that the applicant had not appeared before Design Review and that the Building Inspector had sent numerous letters citing the violations at the Italian Market. He also said that in addition to the illegal signs the applicant had put up banners which are not allowed. Mr. Regan noted that the sign design presented with the application was different from the signs installed. Nancy Knox, an abutter, stated that she felt the condominium owners were being taken advantage of with all of the disregard for the laws. Mr. Govoni moved to deny without prejudice the Variance to allow two signs to be affixed to the Italian Market building. He said that the applicant failed to follow procedures. Ms. Hawver seconded. All agreed. Mr. Govoni said that all of the banners should come down and that the signs should come down. Mr. Hauck said the applicant should apply again within two weeks. Mr. Govoni said the applicant should apply within four weeks or the signs should be removed from the building. Ms. Hawver questioned if denial can specify the four weeks or if that should be part of enforcement action. Ms. Hawver said the Board should send an enforcement letter to Mr. Hauck, Mr. Govoni moved to deny without prejudice the Special Permit since improper procedures were followed. Ms. Hawver seconded. All agreed. Minutes - Mr. Govoni moved to accept the corrected Minutes of September 23" Mr, Regan seconded. All agreed. Discussion - There was discussion of cluster subdivisions and information will be given to members at the next meeting. Elinor Walsh