07/25/2007 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 2 July 25, 2007 purchasing the items, but it would not be something that someone would go shopping for in there. Mr. Nelson is not convinced this type of facility is allowed in the I-h zone at all, even with a special permit and he is concerned with the overflow of parking as well. Chi says she spent a lot of time looking up prior uses of the property with Mr. Stevens and Mr. Harrington of the Health Department. Mr. Stevens states that he would allow such use since and his interpretation is such that it is similar in nature to the proposed uses and what has been there previously. There is comment from Attorney Edward Gargiulo and seated next to him in opposition is Attorney Fred Grosser. Mr. Gargiulo presents the Board with a brief and Chi's web-site from her other business in Dennis called Emily Too. He further informs the Board that there are documents that the condo units have that maintain different by- laws and he states that these by-laws circumcede things the town may be imposing. There are legal impediments to applicants use which he states is a prohibited use, and, is not anything at all related to a medical facility or medical use as proposed by the applicant. Chi states that she has a signed letter from the Board of Managers of Madaket Place approving this use. Mr. Gargiulo wants to see that document right away. She will produce it and get it to Lori Corsi asap. He further states that he owns 2 units and Mr. Grosser owns one therefore he is entitled to 4 spaces and Mr. Grosser 2 spaces. Mr. Gargiulo argues that type of use is not allowed and only office space is used in Building A; namely 3 law offices, (occupying 4 suites), an engineering firm, a mortgage company, a credit service and 2 unit that are vacant, one of which is Chi's unit that she has purchased. Mr. Garguilo further argues that a nail salon/massage is not listed in the by- laws and when not listed,the application may be denied on that basis. (174-25(J)). Chi interjects that she is NOT opening a nail business there at all. The web site printed out does include a nail place but Chi informs the Board nails will not be a service she will be providing at Madaket Place. There are different opinions of what the Town Officials feel should be allowed in that space. The Planning Board and the Plan Review Committee do not feel it is allowed under any special permit for reasons both causing an adverse affect on traffic flow, neighboring properties, will cause excessive level of noise and does not provide for adequate off-street parking—that it will be detrimental to the town and area. Mr. Garguilo also argues that the "Master Deed of the Madaket Place Condominium Trust prohibits the operation of a nail salon and/or massage parlor in Building A. These such uses and things of industrial nature shall not be permitted in Building A and shall only be allowed in Building B, C and D" Chi and the Board discuss previous uses again. She feels she did everything that was required of her in order to obtain this Special Permit. She states that she lives in Mashpee and wants to move her Dennis business down here because it is not as seasonal and she cannot survive financially in Dennis. She has purchased the condominium unit already and obviously needs the Special Permit in order that she not lose everything she invested in this business. Mr. Garguilo again begins to argue some of the same statements he already addressed. Chairman Nelson has heard enough from both sides and sees there is much to take into consideration. Mr. Garguilo would like an extension in order to