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10/09/1996 ZONING BOARD OF APPEALS Decisions
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10/09/1996 ZONING BOARD OF APPEALS Decisions
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Board of Appeals Deer Crossing - Italian Market V-96-61 2. <br /> FINDINGS: <br /> 1. the subject property is located at 681 Falmouth Road and is part of the Deer <br /> Crossing shopping center. <br /> 2. two signs were installed on Building A, called the Italian Market, without the <br /> necessary permits. The signs exceeded the 20 square foot size allowed by the <br /> Zoning By-laws and the applicant was advised that both a Variance and <br /> Special Permit were required. <br /> 3. two additional banners were also installed in violation of the Zoning By-laws. <br /> 4. the signs also required the approval of the Design Review Committee and no <br /> application was made for this review. <br /> 5. one of the signs installed did not conform to the sketches presented to the <br /> Board of Appeals with the application. <br /> SPECIFIC FINDINGS <br /> 1. the applicant failed to appear at the Public Hearings on the application. <br /> 2. The Procedures of the Board of Appeals state that the applicant or his agent <br /> should be present at the hearing. <br /> 3. the applicant failed to present any evidence to justify the granting of a variance. <br /> 4. the Board determined that the sign violations at the site were self-imposed and <br /> derogated from the intent and purpose of the zoning by-laws. <br /> For the foregoing reasons the Board of Appeals determined that the applicant <br /> failed to meet the criteria necessary for the granting of a Variance. Upon motion duly <br /> made and seconded the Board of Appeals voted unanimously on October 23, 1996 to deny <br /> the application without prejudice. <br /> I <br />
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