Saturday, May 13, 2006

No more peddlers at the lake

No "Revere Beach"

around our lake

Selectmen deny license requests

By MARK SARDELLA


WAKEFIELD — “I don’t want to see this turn into Revere Beach,” Selectman Albert Turco said before the Board of Selectmen voted this week to deny a request for a peddler’s license to sell pre-made sandwiches and other items from a cart near Lake Quannapowitt.
The requestor, local resident Roy Antonuccio of Oak Street, sought a license to sell submarine sandwiches, salads, fruit cups, Slush, candy and bottled beverages from a cart around the Lake. Antonuccio is the owner Roy’s Cold Cuts, which has been in business for 45 years in East Boston.
Another request came from William Onessimo of Rockland, who was seeking a transient vendor’s license to sell produce from a stand at 518 Salem St.
Arguing against Antonuccio’s request, Turco noted that it would be the fourth peddler setting up shop around Lake Quannapowitt. The town already has a slush vendor who operates near the Lower Common, Turco observed, a sausage and hot dog stand on North Avenue, and Fred’s Franks at the head of the Lake.

“I think we have enough,” Turco said, “as far as peddlers who are on public property selling goods around the Lake.”
Turco further argued that the town is not adequately enforcing the law with respect to the current peddlers. “It’s my opinion, looking at the law, that they should be required to move and none of them do,” Turco said.
In response to a question from Chairman John Carney, Town Counsel Thomas Mullen explained that by law a peddler’s license requires the licensee to move from place to place. If an applicant intends to set up shop in one location and stay there, a transient vendor’s license would be the appropriate permit, according to Mullen. As an illustration, Mullen said that someone setting up a tent and selling Christmas trees from a fixed location would need a transient vendor’s license.
Carney said that he did not disagree with Turco’s position that the license request should be denied. “I think this is ridiculous,” Carney said. “We have businesses around town that are paying taxes. Before you know it, everybody’s selling stuff around the Lake and not paying taxes.”
Selectman James Good also agreed with Turco. “If we constantly let these peddler’s licenses go out,” Good argued, “we’re turning this town into a honky-tonk operation. I’m appalled that we’re allowing so many of these,” Good said, noting that in his view, the presence of the vendors also contributes to the litter problem around the Lake.
The board voted 5-2 in favor of Turco’s motion to deny the request. Turco, Carney, Good, John Encarnacao and Betsy Sheeran voted to deny, with Phyllis Hull and Stephen Maio voting in favor of granting the license.
Onessimo’s request was for a transient vendor’s license to sell produce from a stand at 518 Salem St., on land owned by Stratis Falangas adjacent to the Montrose Drive-In ice cream store. Good moved to deny the license, with Turco seconding the motion.
Selectman Maio argued against granting this license, noting that there are already traffic problems in that area.
As the location in question is private property, Hull asked Town Counsel Mullen why the property owner couldn’t simply grant the vendor permission to use his property. Mullen explained that the law also requires the vendor to get a license from the town. Mullen said he believed that approval from the Zoning Board of Appeals would be required as well in this instance.
Carney again drew the distinction between transient vendors and tax-paying businesses.
The board ultimately voted to deny the request by a vote of 5-1, with one abstention.

From http://www.wakefielditem.com/news.htm

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