03/26/1997 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Dick 'n Ellie's Flea Market SP-96-31 3 5. Up to 25 vehicles may be stored or left on the property between the hours of 9:00 P.M. and 6:00 A.M. of the following day in an area located behind the building known as Fabio's Restaurant as designated on the site plan. Vehicles, trailers, campers, tents, mobile homes, or other similar devices are not to be used for human habitation or sleeping during the hours of 9:00 P.M. to 6:00 A.M. with the exception that one camper may be used for one night watchperson. 6. All parking shall be on site. 7. No music is to be played over loudspeakers, and loudspeakers are to be used only for emergency announcements unless and until the sound system has been properly and professionally re-designed to restrict sound generated by said loudspeakers to the interior of the flea market site. Evidence of re-design and certification by the engineer responsible for said re-design that the system has been designed to restrict the sound to the interior of the flea market site shall be filed with the Zoning Board of Appeals prior to the expansion of use of said loudspeaker and public address system. 8. The Applicant shall conform to and comply with the existing sign code, with prior approval from the Board of Appeals. The Petition shall correct the lighting problems on the current signs. 9. All displays, sales and flea market operations shall be located and restricted to the flea market area as shown on the Phase I Sketch Plan by Sumner Schein, Architects and Engineers, Drawing SK-1 dated November 10, 1992. 10. The Applicant shall construct a stockade fence shielding the dumpster or other trash disposal receptacle and any other equipment used in connection with the maintenance and conduct of the business, so that the same may not be seen from any road or from any abutting-property. 11. The Applicant shall maintain the site. Paper, garbage and other debris shall be removed from the grounds on a daily basis. All excessive vegetation shall be trimmed, grass shall be mowed and landscaping maintained in a neat and orderly manner. Parking areas and routes of vehicle travel shall be maintained in a neat and hard packed appearance. All drainage originating from the site shall be self-contained on the site. 12. The grant of this Special Permit is expressly conditioned upon compliance with the limitations and conditions imposed herein and, in the event of any alleged violation thereof and subsequent determination by the Board of Appeals that the applicant was advised of the violation and failed to rectify or remove the violation, which conduct shall be deemed to be a substantial and willful violation, this Special Permit may be rescinded after notice and hearing by unanimous vote of the Board of Appeals. 13. Adequate sanitary facilities shall be made available to the general public attending the Flea Market. A minimum of five(5) port-o johns, exclusive of the permanent rest room facilities in the restaurant, shall be maintained on the site in accordance with Health Department regulations.