08/22/2007 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Tuyetchi Fisher—Rodden 2 Owner of Record: Meder Electronics SP-07-46 D(1)(2) were the by-laws she needed relief from and referenced "or other"when reading the section 2 under medical or similar use. It is noted that Section (2) was not printed in the Public Hearing Notice and the Board made a motion to verbally amend the application to include Section(2) of the by-law. All agree. So moved. Chi presents her case informing the Board of what she plans to do in the unit she purchased at Madaket Place. She plans to do facials, body massages for wellness,NO nails, no hair or hair salon related things and all things related to skin care. This will be "by appointment" basis only. Mr. Nelson discusses the parking problems in the complex. She is allowed 2 parking spots for her unit. Employees are to park in the rear. Mr. Fubush has a problem with the parking as well and feels it will be very crowded. Chi informs them that she only has 2 rooms which would entail 2 clients plus 2 professionals working with them— totaling 4 people with the employees parking in the rear. The Board asks her if she will have any retail there. She says that she will be selling products that are used on the clients if they are interested in 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-1 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 hum 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.