10/09/1996 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - October 9, 1996 2. Mr. Regan moved to grant a Variance of 2.3 feet from Section 9 and 174-47 to allow the setback of 12.7 feet. Mr. Govoni seconded and stated that without relief there would be a financial hardship since the existing foundation would have to be torn down. He said it was a minimal encroachment and would not be a detriment to the neighborhood. All agreed. Deer Crossing Associates - Italian Market -Requests a Special Permit under Section 174- 51D 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 81, Block 23) Mashpee, MA. Members present: E. Govoni, J. Regan, C. Hawver, R. Nelson, R. Guerrera There was no representation from the applicant. Mr. Govoni stated that this application has not been approved by the Design Review Committee. Arthur Weinstein - resident of Deer Crossing - asked if these were requests for signs already on the building. Mr. Govoni said that it was and that the signs should not have been installed and a stop work order has been put on the building. Mr. Weinstein said that there were also banners which had been taken down. Mr. Govoni said that the banners are not allowed and explained that the Board of Appeals was not the enforcement agency but must request enforcement of the By-laws from the Building Inspector. He said that the owners are required to get a special permit for signs over 20 square feet and a variance to allow two signs. The applicant should have had the signs approved by the Design Review Committee. He said the old by-law allowed signs to be 5% of the area of the wall on which the sign is to be located and the new by-law allows 10% of the aggregate square footage of the front wall area. Mr. Weinstein asked if there is a penalty for non- conformance and asked if it would affect existing signs. Mr. Hauck said that the only enforcement would be to take them to court after issuing a stop work order. He said he has cited them for violations in the construction of the building. Mary McCormack, an abutter, said she objected to the procedure. Herman Brown, an abutter, agreed. There was discussion of the size of the signs on the building. Mr. Govoni explained that the applicant had to have approved plans before getting a permit. He said the signs there are the ones he wants permitted. Nancy Knox, Deer Crossing, asked about the banners and Mr. Govoni said they were totally illegal. Mr. Hauck said he had cited him for the banners and he would have to go to court. Mr. Hauck said the Board of Appeals has to act before it goes to court. Mr. Govoni said that the Plymouth Bank will be coming before the Board on October 23 for a sign permit and he moved to continue this hearing until October 23. Mr. Regan seconded. All agreed.