FRED’S FRANKS MUST GO

26May07

The arrival of summer also signals the return of transient vendors to the areas around Lake Quannapowitt in Wakefield, Massachusetts–most visibly, Fred’s Franks, the hot dog stand at the head of the Lake. This seems like as good a time as any to review the recent history of that part of town.

When the old Lanai Island restaurant closed its doors for the final time, the town found itself at a crossroads. What would become of the area of Wakefield known as “the head of the lake?”

The town could have done nothing and continued to collect taxes on the privately owned land. Instead, the town took the land by eminent domain, after the townspeople voted to create a passive park on the location. The Friends of Lake Quannapowitt and others campaigned long and hard to convince the voters and town officials of the wisdom of taking back the land for public use. The result is the Gertrude M. Spaulding Park.

Gertrude M. Spaulding Park

One of the most compelling arguments in favor of taking the land by eminent domain for passive public use was the fact that the location is a prime gateway into the town. The razing of the Lanai Island presented the town with a one-time opportunity, proponents argued, to take back one small section of a lakeshore increasingly dominated by development. Instead of a restaurant or other commercial building blocking the view of the lake, visitors and residents entering town by car would be greeted by the grand vista of Lake Quannapowitt framed by the grass, trees and open space of a public park.

It wasn’t an easy sell. But once you’ve seen the steeples of Wakefield’s downtown churches from across the length of Lake Quannapowitt, it’s hard to argue with the results. The scene is a postcard-perfect first impression of an old New England town. It is the very first thing that people see as they enter Wakefield by car from Route 128 off Exit 40.

Or rather, it was the first thing that people saw as they entered Wakefield from Route 128. Now the very first thing that people see as they enter Wakefield is a hot dog stand.

It’s easy to see why some people are upset.

Even though Fred’s Franks isn’t on the Spaulding Park (the stand is on a nearby strip of land just off the 128 rotary), it’s pretty hard to miss as you’re coming off the rotary, which I’m guessing is the whole point of the location. In fact, on fredsfranks.com, the directions to the stand read as follows: “Exit 40, off 128 in Wakefield, go around the rotary and look toward the lake.”

This wasn’t what the town’s citizens had in mind when they spent over a million bucks to acquire the land and forgo collecting taxes on a lucrative piece of lakefront property that could have included a restaurant or other business that would have attracted people and dollars to the town. And if those who would have preferred to see an eatery at the head of the lake had something in mind, I’m guessing it wasn’t Fred’s Franks.

Fred’s Franks evidently has a state hawkers and peddler’s license and may have a right to be there. The question is, does any hawker, peddler or transient vendor have a right to be in any one location ALL THE TIME?

The simple answer is no, they do not.

Here’s what Chapter 210 of the Bylaws of the Town of Wakefield says about the issue.

“Anyone who sells merchandise by going either from town to town or from place to place in the same town, either on foot or from any animal or vehicle, is acting as a hawker or peddler. No vendor has a right to a specific location.”

Lots of people would like the luxury of being able to operate a business at a rent-free, tax-free permanent location. But that’s not how things work. And if you have a hawkers and peddlers license or a transient vendor’s license, you are supposed to be just that: transient. You are not allowed to take over a piece of public land and set up shop permanently.

Lake Quannapowitt is frequently cited as Wakefield’s best feature. The townspeople decided that they wanted the town’s best feature to be showcased as the first thing that people see as they enter Wakefield from the busy 128 rotary at the head of the lake.

For whatever reason, Wakefield officials have not forced Fred’s Franks to comply with local regulations–at least not yet. As a result, owner Fred Rex has announced that he plans to open on Saturdays, and is considering expanding his hours of operation. Until recently, he was there weekdays from about 10-4. Now the stand will be open Tuesday through Saturday. How long will it be before he decides to open six days a week?

In 2006, the citizens of Wakefield authorized the town to spend another $180,000 to beautify Colonel Connelly Park at the Head of the Lake. Once that project is completed, how will locals feel about having a hot dog stand sitting in front of their investment?

Here’s hoping that some day soon town officials will use their power to enforce the law and ensure that the intentions of the citizens of Wakefield are honored.

The town’s regulations could hardly be any clearer. Any transient vendor who stakes out a piece of public property as a permanent location is breaking the law.

And that includes Fred’s Franks.

Filed under: Columns & Essays, Community, Opinion, Wakefield   |  2 Comments
Tags: Fred Rex, Fred's Franks, hot dog, Lake Quannapowitt, peddlers, transient vendors, Wakefield