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presence of circumstances relating to the soil conditions, shape or topography of the <br /> Subject Property which support the issuance of a variance by the ZBA. <br /> 18. The evidence submitted to the ZBA and the findings do not demonstrate the <br /> presence of circumstances affecting the Subject Property, but not affecting generally the <br /> zoning district. <br /> 19. The evidence submitted to the ZBA and the findings do not demonstrate the <br /> presence of hardship of any kind. <br /> 20. The Telecommunications Act of 1996 does not provide any additional authorities <br /> to the ZBA as the ZBA is created by state law and its powers are those vested in it by the <br /> commonwealth of Massachusetts. <br /> COUNT <br /> 21 . Plaintiffs repeat the allegations in paragraphs 1 through 20 set forth above and, <br /> further, allege as follows. <br /> 22. The ZBA's decision was not supported by the facts or law. <br /> 23. The ZBA's decision was arbitrary and capricious, constituted an error of law, <br /> constituted an abuse of discretion, exceeded the authority of the ZBA, was against the <br /> weight of evidence presented at the public hearing, and was otherwise unlawful. <br /> 5 <br />