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Board of Appeals Minutes - June 24, 1992 3. <br /> Members sitting: J. Friel, M. Makunas, E. Govoni <br /> Mr. Friel explained that the purpose of the hearing was to determine if the <br /> zoning enforcement officer acted properly in citing the applicant and was <br /> not to determine the merits of the use of the property. He explained that <br /> all testimony would be taken under oath with penalty of pexj ury. <br /> He said three citations had been issued and the one issued to the owner, <br /> _Fields Point Limited Partmership, was probably the valid citation. Mr. Boyd <br /> stated that a Special Permit was required under Section 174-25.F.5. <br /> John Renz represented Fields Point and said they tried to comply with the <br /> by-laws. He said he thought the fruit stand had been well done. He explained <br /> that he could not have it in Mashpee Commons due to lease restrictions from <br /> Purity. He said that he left the permitting of land at the rotary to <br /> prospective tenants. Mr. Makunas said that there was a valid special permit <br /> for a sandwich and donut shop. Mr. Mindick said the total uses of the land <br /> should be examined to determine the parking needs. Mr. Makunas asked if the <br /> present lease allows sale of produce. Mr. Renz replied that the lease does <br /> not address the produce stand. Mr. Makunas said he had received a phone <br /> call. from Douglas Storrs, Vice President of Fields Point Limited Partnership, <br /> in which he explained that the lease did not allow a produce stand. Mr. <br /> Rentz said he would add this to the lease if the Board agreed. If the Board <br /> found it was a violation they would support the Board. Mr. Renz explained <br /> that they could not give up a curb cut since they do not know future use <br /> of the land but would be willing to paint arrows. <br /> Mr. Makunas asked if the petitioner thought it was an allowed use. Mr. Zammer <br /> explained that he considered the by-law unclear. Mr. Makunas asked the <br /> Building Inspector if he thought it was allowed and Mr. Boyd said it would <br /> require a Special" Permit or a Plan Review. <br /> Elizabeth Petti, a member of the audience, asked that if this is a service <br /> to the Town and the by-law is vague but it is a service to the elderly why <br /> could it not stay. Mr. Friel explained that the Board of Appeals has to <br /> enforce the current by-laws and any changes have to be made at Town Meeting. <br /> Dick Foley, a taxpayer of Mashpee, said there was nothing offensive or <br /> negative and wanted to be on record to support the petitioner. <br /> Mr. Govoni explained that the Board cannot change the by-laws. Mr. Renz asked <br /> if the Board could grant a temporary permit. Mr. Zammer said he thought <br /> there was enough gray area in the by-.laws to grant a permit. Mr. Mindick <br /> said they could go to Town Meeting to change the by-laws. <br /> John B. Fitzgerald, a taxpayer of Mashpee, asked that his name be recorded <br /> in support of the stand. Freed Henderson, a resident of Mashpee, asked that <br /> if the building inspector's decision was flawed, could the stand continue? <br /> Mr. Makunas moved to take the matter under advisement as recommended by the <br /> Assistant Town Counsel. Mr. Govoni seconded_ All agreed. <br /> Mr. Zammer asked if this meant he could .remain open and Mr. Friel said the <br />