2/26/1992 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes -- February 26, 1992 4 . it -- it is only to their benefit to ,make it easy for people to come and go in a safe manner. He stated that the Police Chief commented on difficulty in receiving compensation for the special details . Mr . Makunas suggested that condition #2 require that the police department be prepaid weekly for two officers . Mr. Jansson replied that special duty police are not paid with Town funds -- they are contracted between the parties . He also asked why a detail might be required in bad weather. Mr . Friel stated this could be worked out between the Chief and the applicant . Mr . Friel recommended that #18 be changed to allow only two curb cuts on Route 28 frontage and that the curb cut that enters the Donna ' s Lane intersection be closed . He said that he was in agreement with recommendations of Gree Taylor, Director of Public Works . Mr . Taylor said the hill from Donna ' s Lane and the impervious material in the area cause the drainage problems . Mr . Jansson replied that he did not see how the Board could insist on using Donna ' s Lane since it is not a dedicated public way and would be subjecting the Town to liability if it is used and he thought the elimination of a curb cut would create a worse traffic situation . He suggested that until the Town ' s status is clear on what it is going to do with Donna ' s Lane and until Mr . Talanian has a plan for the permanent use of the land no plans can be made . He said that when the Capri Cod Commission reviewed the McDonald ' s plan there was never any discussion on closing that access to the flea market . Mr . Friel and Mr. Makunas discussed suggestion that the flea, market pay 25% of signalization . Mr. Makunas said #18 on the improvements to Route 28 cannot be made part of this Special Permit until the Board can establish what is going to happen' to Donna ' s Lane , Mr. Friel asked for a copy of the letter from Town Counsel to Mr . Talanian ." Mr . Makunas reviewed the proposed Town by--law on fees . He suggested that the non-financial rules be incorporated in the Special Permit . Mr. Jansson suggested that the by- law may not be passed at Town Meeting and questioned if the Board of Appeals had authority on that matter. Mr . Friel did not think this should be part of the permit and Mr. Makunas withdrew his suggestion. Mr. Friel moved to take the application under advisement and incorporate conditions 1 - 17 . Ms . Hawver seconded . All agreed .