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Mashpee Zoning <br />Board of Appeals Minutes <br />• 2 August 22, 2007 <br />reflective of that plan. Ms. Elizenberry says that she is advertising for this service before <br />she has even been given the special permit to do so. <br />Attorney Edward Garguillo who has two office suites next to Chi's building is present <br />and represents G&G Trust and Attorney Fred Grosser in this matter. Attorney Garguillo <br />states that there has been no specific letter given that explains exactly what applicant <br />proposes to do there. He also checked into her LPN license and it appears to have lapsed. <br />She only has an asthetician license. The Board asks applicant if this is true. Attorney <br />Kirrane says that her LPN is not currently up to date. She says that her license has lapsed <br />and apologizes for having it in the website. Robert Nelson along with the Board is not <br />happy that she misrepresented herself as an LPN. The Board wants this removed from <br />her website right away and has requested a list of what type of services she intends to <br />provide to clients. <br />Attorney Garguillo states that on May 7°i there was an offer to purchase by Chi — <br />7 days later the Board of Trustees and neighbors appeared with problems and she knew <br />about them. Mr. Garguillo believes her intent was to moves forward and had willfull <br />disregard for due process. Even the Plan Review and Design Review were not in favor of <br />this plan and said no. He further states that it doesn't define use and is not medical in <br />nature. It is also a violation of MGL for a nursing license. <br />Attorney Fred Grosser mentions that if the applicant receives referrals from <br />• physicians then it would deem her place of business to be medical in nature. <br />Attorney Patrick Brady, represents the condominium trustees. He presents his <br />case to the Board regarding the Trustees. He also could not verify that she is a licensed <br />caregiver. Initially, the Trustees allowed the use as they were led to believe it was <br />medical in nature. After a second look and discussion with Attorney Brady, they <br />recinded their decision. <br />Attorney Marie Alise- Kelly states that she spoke with Chi and she was told there <br />was to be nails, waxing, facials, massages and the like — this does not sound like medical <br />use.. <br />Attorney Kevin Kirrane states that his client did buy the unit before she obtained <br />the necessary permits. There is nothing in the by-laws that requires her to have an LPN <br />license to have what she wants to do. <br />The Board goes back to the original question — does it pertain to a medical use? <br />There is also a promotional ad that is currently being run through the register slips at Stop <br />& Shop that shows nails etc. to be done. This was done pre -maturely. Will there be gift <br />certificate sales? Is this retail in nature? Again, there was never given a list of specific <br />uses for the unit. <br />• It is decided that the Board wants a specific list of uses given and that the use of <br />LPN shall be removed from the website. This list of uses shall be given in a timely <br />