09/26/2007 ZONING BOARD OF APPEALS Minutes

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• 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 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 the parking allowance. A motion is made to continue this matter until August 8, 2007. All agree. So moved. . Attorney Kevin Kirrane represents applicant Tuyetchi Fisher-Rodden ("Chi"). This matter was continued from July 25, 2007. Attorney Kirrane addresses the Board regarding the letters in support of Chi's business and that she intends to abide by all of the conditions that the Board would impose should they grant this special permit. There will be no retail and no nails being done at this premises. Mr. Nelson wants to see the internet web site changed to reflect what she will actually be doing at Madaket Place. • Currently, the web site and coupon/certificate that is being given on the back of Stop