08/22/2007 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Tuyetchi Fisher—Rodden 3 Owner of Record: Meder Electronics SP-07-46 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 trigs 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 address the additional section of the by-law(Section 2)that the Board verbally amended to add to the application. The Board feels this is reasonably and asks that Chi provide the letter from the Board of Managers approving this use and the letter regarding