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MASHPEE BOARD OF APPEALS MINUTES February 22, 1989 At 7:30 p.m. on Wednesday, February 22, 1989 the Mashpee Board of Appeals held a meeting at the Mashpee Town Hall. Board members present and acting throughout were William J. Hanrahan, Michael A. Makunas and Richard Halpern. Douglas Boyd, Building Inspector, was in attendance. JOHN MALLOY - Requests a Special Permit under Section 6, subsection 19 of the Land Use Requirements to construct and maintain a walkway, pier, ramp, float and dock facility in an R-3 zoning district for property located at Lot 166 Whippoorwill Circle (Map 125, Block 151) Mashpee, MA pursuant to an application dated Jan. 14, 1987. After a hearing held on April 1, 1987 the Board of Appeals on June 26, 1987 filed decision with the Mashpee Town Clerk on such application and an appeal to the Barnstable Superior Court (Civil Action No. 87-593) was taken therefrom. Subsequently, such application was remanded to the Board of Appeals by the Barnstable Superior Court for the purposes of reopening the Public Hearing on this matter. Members sitting: W. Hanrahan, M. Makunas and R. Halpern Mr. Hanrahan announced that the Board had received a letter from Patrick • Toomey, attorney for Mr. Malloy, asking for a continuance of the hearing due to the illness of their shellfish surveyor. Mr. Halpern moved to continue the hearing to March 22, 1989. Mr. Makunas seconded. All agreed. EDWARD R.. WASIL - (Dick & Ellie's Flea Market) - Request a renewal of Special Permit Case No. SP -84-03-01, Condition No. 14. Members sitting: W. Hanrahan, M. Makunas and R. Halpern Attorney Ron Jansson represented the petitioner. He explained that Mr. and Mrs. Wasil had owned the property for 23 years and sold it on December 30, 1988 to Charles Talanian, Trustee of the Chatal Realty Trust. The Wasils have leased the land for 1989 and are applying for a renewal of the Special Permit to operate the flea market. The lease runs to Labor Day but the Wasils will request an extension to October 12, 1989. Mr. Jansson reviewed complaints received in 1988 on a vendor selling X-rated movies and said Mr. Wasil had prohibited the vendor from selling on the property. He said he understood that some of the local merchants objected to the flea market because some of the merchandise is sold at lower prices than similar merchandise in local stores. Mr. Jansson stated that he did not feel this was a zoning consideration.