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1984-ZBA APPEALS - BLACKBOOK
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1984-ZBA APPEALS - BLACKBOOK
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by the Board on the Application. <br /> 10. On April 25, 1984 the Board filed a decision with <br /> the Town Clerk regarding the Application (the "Decision") , <br /> which Decision granted to Plaintiff a special permit to <br /> operate a flea market on the Property subject to fourteen <br /> conditions which are set forth in the Decision. A certified <br /> copy of the Decision is attached hereto as Exhibit C. <br /> 11. Plaintiff is aggrieved by the Decision insofar <br /> as certain of the conditions imposed therein are unreason- <br /> able, are arbitrary and capricious, have no justification <br /> in fact, and are in excess of the Board' s authority, in that: <br /> a) Condition Number 1 of the Decision imposes <br /> landscaping, parking and plot plan requirements <br /> which are excessive for the use of the Property <br /> as a flea market and are overly burdensome and <br /> costly to the Plaintiff; <br /> b) Condition Number 2 of the Decision requires <br /> the posting of a bond in an amount which is <br /> excessive in light of the proposed use of the <br /> Property; <br /> c) Condition Number 4 of the Decision, requiring <br /> a police officer for traffic control at the <br /> Property, is overly burdensome and onerous to <br /> Plaintiff, since it is unnecessary for the use <br /> of the Property as a flea market and will be <br /> inordinately costly to Plaintiff; <br />
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