11/18/1992 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - November 18, 1992 3 . The Phase 2 plan was reviewed and this included the relocation of the mini-golf and a new curb cut beyond Liquor Warehouse . The northwest corner of the site would then be available for other use and Mr. Kirrane said it might be a possible restaurant . Mr . Makunas commented that the Town could use a restaurant in that area. Mr. Friel suggested discussing the transfer of the Permit and Attorney Morse asked for discussion on the outstanding lawsuit and suggested that both parties agree to an Agreement for Judgment . Mr. Friel moved to transfer SP84-03-01 under the name of Edward W. Wasil to Charles M . Talanian, TRustee of Chatal Realty Trust . Mr. Govoni seconded . Mr . Makunas questioned Attorney Morse on whether the transfer is irreversible or could it be conditioned with all the other matters being resolved . Ms . Morse replied that this could be done but she doubted if it would stand on an appeal . Mr . Makunas suggested that all of the problems be resolved before voting on the transfer . Mr . Kirrane said the intent was to try to come up with a decision and suggested that the conditions be discussed before the transfer . Mr. Makunas said he preferred to review the conditions . Mr. Friel withdrew his motion . The Board reviewed the conditions in the permit issued to Edward R . Wasil SP-92 .9 and made the following revisions : 1 . remain the same 2 . Mr . Kirrane explained that police officers were not available to work and they did not find the advance payment requirement satisfactory. This was revised to add "if available" after "police officers" . The second and third sentences were eliminated . 3 . Additional sentence : "The mAximum number of vendor ' s booths shall not exceed 220. 4 . Mr. Kirrane asked that poles for tent supports remain. Additional sentence : "Any poles which are used by the applicant to support tents are not to be considered structures for the purposes of this permit . " 5 . Correction of "Pickwick ' s" to "Fabio ' s" . 6 . No change . 7 . Addition of sentence : "The sound system shall be redesigned to restrict the sound to the interior of the flea market site . S . No change . 9 . Add reference to Phase 1 drawing dated 11/10/92 . 10 . Eliminate farm tractor. 11 . Eliminate sentence : "Th site shall be graded . . . . water" . 12 . Eliminate . 13 . No change . 14 . and 15 . Board said these were Board of Health issues and insert statement on compliance with Board of Health requirements .