2/26/1992 ZONING BOARD OF APPEALS Minutes

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TOWN OF MASHPEE Board of Appeals Minutes Wednesday, February 26, 1992 The Mashpee Board of Appeals held a meeting on Wednesday, February 26, 1992 at the Mashpee Town Hall.. Board members present and acting throughout were Michael A . Makunas, Cheryl A . Hawver and John J . Friel . Building Inspector Douglas S . Boyd was in attendance for the Wasil hearing and stepped clown for the remainder of the meeting . Members William J , Hanrahan and Edward M . Govoni were absent . Mr. Makunas called the meeting to order at 7 : 35 P . M . Edward R . Wasil - ( Dick & Ellie ' s Flea Market ) � Requests the renewal of Special Permit SP-84-03-01 ) Members sitting : M . Makunas, C . Hawver, J . Friel Attorney Ron Jansson represented the applicant and reviewed the history -of the use of the land since the Wasil purchase in 1963 . The parcel had been used for miniature golf, driving range and flea market and in 1984 the Town Meeting voted to require a Special Permit for the use . The Permit was issued initially for two years and now requires an annual renewal . In 1938 Mr . Jansson stated that the property was sold by the Wasils to Charles Talanian, Trustee of the Chatal Realty Trust . Mr . Talanian now owns not only this 16 acre parcel but an adjoining 11 acres, all zoned commercial . The 16 acre parcel has been leased to Mr . Wasil to December, 1992 . Mr . Talanian expects to eventually develop the entire property and has access through three existing curb cuts -- one on Donna ' s Lane and two on Route 28 . He informed the Board that the Town has acquired Donna ' s Dane through an eminent domain taking . Mr. Jansson explained that there are 219 15 ' x 15 ' vendor spaces and 853 parking spaces . He said he did not believe there had been any changes in the operation of the flea market in 1991 although he was aware of memos received from the Town Planner and Police Chief discussing traffic . The no parking signs on Route 28 erected by the DPW have disappeared . He showed a photo of the Flea Market taken in June, 1938 and noted that traffic seemed to be flowing freely . Mr. Jansson reminded the Board -that he had requested a 5-year permit in 1991 and it was refused . He said it was difficult to consider making any capital improvements to the land when it was subject to a one year permit . He said the Board has continuously granted renewals from 1984 to 1991 and that nothing has changed . He said he had talked with the Police Chief and Fire Chief and they had no objections to the renewal . Police Chief Frye subsequently asked for two paid