4/10/1991 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - April 10, 1991 4. Mr. Jansson discussed the fact that the Board of Appeals has always conditioned the renewals of the Special Permits with the power to rescind the permits. He said the Board would still have this authority if a 5-year permit were granted. He said that the proposed taking for Donna's Lane would be less damaging if they knew ,that the flea market use was going to continue. They do not have any control on when Donna's Lane is going to be taken and when improvements would be completed. He said that the guarantee of five years of flea market use would be feasible for them and could be continued during the taking. Mr. Jansson referred to Condition #14 of the 1990 prohibiting the sale of food products. He stated that the Board of Health has the statutory power to govern the sale of food products and he is meeting with them on April 18. In conclusion, Mr. Jansson said that he had initially requested the possibility of the transfer of this permit from Mr. Wasil to Mr. Talanian. He said one of the Board members had advised him that this could not be done without obtaining a new Special Permit. He did not necessarily agree but if the Board were inclined to allow the transfer they would not "modify" the use but "blend" the use. He said Mr. Wasil would like to get out of the flea market business and Mr. Talanian would like to continue it. Mr. Jansson said if the Board cannot transfer the permit without jeopardizing it, Mr. Wasil will continue running the flea market, providing he receives the renewal and that his health will permit. In summary, Mr. Jansson said the .impact on the Town will not change and requested: 1, that the Special Permit be extended for five years subject to renewal thereafter 2. that Mr. Wasil have the option to erect tents not in excess of 5,000 sf 3, that the restrictions on sale of fruits and vegetables be waived 4. that the permit be transferred from Mr. Wasil to Mr. Talanian. He presented letters from the Chief of Police and Fire Chief, copies of which are attached. Mr. Hanrahan questioned if the vendors were located in tents would they be paying sales taxes. Mr. Jansson replied that the Department of Revenue has jurisdiction and will be monitoring flea markets.