7/15/1992 ZONING BOARD OF APPEALS Minutes

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Hoard of Appeals Minutes - July 15, 1992 2 . Mr. Friel read a memo from Police Chief Frye stating that the Police were not opposed to the modification of the permit. He mentioned that the Board of Health had no additional comments. Dr. Lerman, a member of- the audience, asked if the Board of Health had any objections and Mr. Friel responded that they did not . Mr . Gildea asked to have both memos included in the record. Mr . Makunas questioned if it was true that the fruit stand was not actually operated by the petitioner but, in fact, was operated by a Falmouth firm. Mr. Gildea replied that the produce comes from Jack in the Beanstalk in Falmouth and Mr. Zammer explained that they are partners since they have the cold storage facilities for overnight storage . Mr . Makunas asked if the employees were Jack in the Beanstalk employees and Mr. Zammer said they were not. Mr. Gildea commented that Cape Cod Restaurants was responsible for the operation at the site . Mr . Zammer said he used the Jack and the Beanstalk employees because they knew how to handle fruits and vegetables but that he reimbursed them. Mr. Makunas questioned if the space was being leased in the parking lot to operate a business and said he only wanted proper identification. Mr. Gildea responded that the petitioner is Cape Cod Restaurants Inc. and they are the ones who put the business together and are responsible for its operation. Mr. Makunas asked if the space was being sub-leased and Mr. Zammer said he had a contractual relationship with them for the stand as well as his restaurant . He said there were other issues on ownership of Jack in the Beanstalk which he did not wish to discuss . Mr . Friel explained that the Board is sensitive to ownership issues since there have been a number of non-owner applicants and Mr . Makunas has the right to question. Mr . Govoni discussed the traffic conditions at the site and said there were so many curb cuts that he felt. the DPW Director and Field' s Point should address improvements in the traffic pattern. He suggested the situation might be improved if direct access to Route 28 South were closed. Mr. Zammer replied that he did not think he had caused any more problems at the rotary and that traffic has actually slowed down . He said the whole issue would have been less of a problem if it had not been publicized in The Enterprise. He said he had talked with Douglas Boyd, former Building Inspector, several months ago and was told that any kind of a process would take months and months . He said he had three people gainfully employed and he thought it had not harmed the safety, health and welfare . He congratulated the Board for the discussion at the Selectmen' s meeting on reviewing