1988-1990-ZBA APPEALS (2) - Laserfiche WebLink

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BOARD OF APPEALS April 25, 1990 3. • Wasil (cont.) Mr. Jansson discussed the issue of Donna's Lane and stated that the Corridor of Critical Concern Committee had advised the Town to take Donna's Lane and the taking is in progress. He said he had asked Ernest Virgilio, Director of Public Works; to address the Board on this subject. Mr. Jansson asked the Board to relieve Mr. Wasil from the annual permit renewal requirement so that the owner and Mr. Wasil would know the potential for the future use of the land and suggested that the Special Permit be issued for three years. He said the Mashpee Board of Appeals decisions have been more restrictive than any granted on the Cape and said the Board could institute a due process hearing if there were any violations. Mr. Ernest Virgilio addressed the Board and explained that the acquisition of Donna's Lane was essential as a by-pass to Great Neck Road South from Route 28. He said there were no objections to the flea market from the committees involved in the traffic studies of Donna's Lane. He said that Mr. Wasil has been cooperative in handling trash and traffic at the site. Ms. Hawver read a letter from Peter Lawrence, a concerned citizen • of Mashpee, objecting to the flea market. The letter suggested that if a permit were granted it should require the flea market to be in compliance with Sections 109, 1-4, 9 of the Mashpee By-laws. Ms. Hawver read a letter from the Chamber of Commerce asking that . the conditions of the 1989 permit be enforced. Elias McQuaid, Health Agent, recommended that Section 16 be changed. to read that "no food products of any kind shall be allowed to be sold at the flea market". He explained that the Board of Health had assumed that 1989 would be the last year of the flea market and the Board had not required that plumbing be installed to bring potable water to the hot dog stand. He said that the Board of Health will enforce the State sanitary.code now and require water at the stand. He also requested that a minimum of 5 porta-johns be maintained at the site. Mr. Jansson explained that the hot dog stand is not under the control of Mr. Wasil but of Fabio's restaurant. Mr. Hanrahan replied that the Board would consider the total property and was not bound by the language of the lease. Mr. McQuaid stated that they were trying to break up the operation between Fabio's and the flea market. The Health Department has a problem with the lessee of Fabio's. Fabio's has not maintained their rest rooms and has locked them. Mr. McQuaid said that the Board of Health will hold Fabio's responsible for maintaining their rest rooms for the restaurant. •