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26. The Decision granting the special permit, to the extent it <br /> permits an internally illuminated sign, exceeded the authority <br /> of the Board of Appeals as follows: <br /> a) The Decision is based on legally untenable grounds and is <br /> otherwise arbitrary and capricious. <br /> b) The Decision is defective on its face because it failed <br /> to contain the necessary findings to support the grant of <br /> a special permit. <br /> c) The allowance of a free standing 45 square foot sign with <br /> internal illumination placed 12 feet from the lot line <br /> will be detrimental to the neighborhood and the Town as <br /> a whole and is not consistent with Town Bylaws to <br /> protect, conserve and improve the visual quality of the <br /> Town of Mashpee. <br /> WHEREFORE, the Plaintiff respectfully requests this Honorable Court <br /> to issue an order and judgment as follows: <br /> 1. That the Decision of the Mashpee Board of Appeals <br /> exceeded its authority and is null and void. <br /> 2. In the alternative, that this matter be remanded back to <br /> the Mashpee Board of Appeals for further consideration. <br /> 3 . For such other relief as this Court deems meet and just <br /> under the circumstances. <br /> ,Respectfully ly submitt <br /> Michael D. Ford, Esq. <br /> P. O. Box 665 <br /> W. Harwich, MA. 0267 <br /> (508) 430-1900 <br /> BBO#174440 <br /> Cldah�muhdae.eom <br />