4/10/1991 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - April 10, 1991 2. Edward R. Wasil - (Dick & Ellie's Flea Market) - Requests the renewal of Special Permit SP-84-03-01 Condition 14. This grant of Special Permit is not transferable by the Applicant except to members of his immediate family, meaning spouse and children. The Applicant may apply annually thereafter for renewal of this Special Permit and receive a new grant thereof following public hearing and review of the operation and its impact upon the neighborhood and the general welfare of the inhabitants of the Town and subject to the addition, deletion or modification of the limitations imposed herein. The Hearing will be conducted on said conditions. The Applicant also seeks modification of conditions #4 and #14 of the 1990 Special Permit Renewal. Dick & Ellie's Flea Market is located in a C-1 zoning district at 650 Falmouth Road, Route 28 (Map 81, Block 4) Mashpee, MA. (Owner of record: Charles R. Talanian TR) . Members present: C. Hawver, M. Makunas, W. Hanrahan, E. Govoni, J. Friel and T. Christian Attorney Ron Jansson represented the applicant. He presented the Board members with copies of the 1984 Special Permit, 1984 Town Meeting minutes and the 1989 Renewal. He reviewed the history of the property. Mr. and Mrs. Wasil purchased the land in 1963. The parcel was 15 acres of land zoned C-1. Mr. Wasil used the land for a restaurant, miniature golf course and a riding range. Mr. Jansson said these uses were a matter of right. The flea market was started in 1971 and operated until 1984 without a Special Permit. In 1984 Town Meeting passed a zoning by-law authorizing flea markets as a use in commercial districts by Special Permit. The by-law stated that one parking space was required for every 100sf of ground area of display. Mr. Wasil applied for a Special Permit and the first permit was issued in April, 1984 with an expiration date of January 1, 1986. Mr. Wasil has applied annually for a renewal of the Special Permit. Mr. Wasil sold the property in 1988 to Chatal Realty Trust, Charles Talanian, Trustee. Mr. Talanian also owns 11 acres of adjacent land which is now commercially zoned. Mr. Talanian leased back the property to Mr. Wasil for a 3-pear period and the lease expires on December 31, 1991. Mr. Talanian now has an agreement with Mr. Wasil to lease the flea market for an additional five years, pending receipt of permits. Mr. Jansson presented a plan of the flea market dated 2/26/90. The plan showed three curb cuts -- two on Route 28 and one on Donna's Lane. He reviewed the zoning changes made at Town Meeting in 1990 to allow commercial zoning for all of the property.