7/29/1992 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - July 29, 1992 2. Charles M. Talanian TR. - Requests a Modification of the terms of Special Permit 84-03-01 extended most recently by Special Permit 92-9 to allow for the transfer of the Permit and modifications of Conditions 2,7,12,14,15,1$,19 and 20. Special Permit 92-9 was issued to Edward R. Wasil for the operation of Dick 'n Ellie's Flea Market in a C-1 zoning district on property located at 650 Falmouth Road, Mashpee, MA. (Owner of record: Chatal Realty Trust) . (Map 81 , Block 4) . Members sitting: J. Friel, M. Makunas, E. Govoni Mr. Friel asked Acting Town Counsel Leslie Morse to join the Board. Mr. Makunas stated that he did not believe the Board should proceed until they were able to go into Executive Session. Mr. Govoni read the legal notice. Mr. Friel asked Attorney Morse if the litigation on this case had been remanded to the Board as was voted on July 15, 1992. Attorney Morse asked Attorney Kevin Kirrane, representing Mr. Talanian, if the remand had been processed and Mr. Kirrane said he still had it and will be filing it with the court. Mr. Friel asked that since there was no action could the Board make a decision. Ms. Morse said there was pending litigation and even with that litigation if the Board wanted to make a decision regarding the original permit they could make the decision and they could either remand it back for a new decision from this Board or they could make it a part of an agreement for judgment in Superior Court. Mr. Friel asked Ms. Morse for her opinion if the Board could discuss the application for a transfer and was that properly before the Board. Ms. Morse stated that she believed it was even with pending litigation and the Board has to act on what is filed. She said the application to transfer the permit is correct and if the Board did not want to deal with the Special Permit which is the subject of litigation they did not have to. Mr. Friel explained that there were two questions in the application -- the transfer from Mr. Wasil to Mr. Talanian is outside of litigation and any modification of the existing Special Permit is inside the litigation.. Ms. Morse said the Board could discuss the whole matter since it was advertised. Mr. Friel said that with no remand in place the applicant has all of his options open Ms. Morse replied that the applicant has all his options open since even if it is remanded to this Board he can go back to Superior Court. She said the only reason for remanding was that it stops the time clock in Superior Court. Mr. Makunas said he was not in favor of discussing any new issue until the