04/10/1996 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Dick 'n Ellie's Flea Market SP-96-31 2 Upon motion duly made and seconded on April 10, 1996 the Mashpee Board of Appeals voted unanimously to allow the modification of Condition 4. for one year only to be reviewed before the opening of the 1997 season. The Special Permit is subject to the following conditions: 1. The Applicant must comply with all State, County and Town Health laws and municipal by-laws and regulations in the operation of the flea market. 2. The Board of Selectmen, after consultation with the Chief of Police, may, at their discretion, require the applicant to provide police officers, if available, on weekends and holidays during the hours of operation and at the Applicant's expense, to control ,r traffic and parking on the State layout of Route 28. 3. The hours of operation at the Flea Market shall be within 7:00 A.M. and 9:00 P.M. each day of operation except that vendors may perform necessary setup work from 6:00 A.M. to 9:00 A.M. The maximum number of vendor's booths shall not exceed 220. 4. No structures of a permanent nature are to be constructed, erected, or caused to be placed on the property used in connection with the flea market. Merchandise, equipment, banners and other gear for use in connection with the Flea Market are to be removed at the conclusion of each day's operation. Any poles which are to be used by the applicant to support tents are not to be considered structures for the purposes of this permit and canopies and tent sides used on these poles may remain overnight for the 1996 season. All tent canopies and sides are to be of uniform color. This condition is subject to renewal before the opening of the 1997 season. 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.