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09/26/2007 ZONING BOARD OF APPEALS Minutes
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09/26/2007 ZONING BOARD OF APPEALS Minutes
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• <br />&Shop register receipts is not reflective of that plan. Ms. Elizenberry says that she is <br />advertising for this service before 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 <br />present and represents G&G Trust and Attorney Fred Grosser in this matter. Attorney <br />Garguillo states that there has been no specific letter given that explains exactly what <br />applicant proposes to do there. He also checked into her LPN license and it appears to <br />have lapsed. She only has an asthetician license. The Board asks applicant if this is true. <br />Attorney Kirrane says that her LPN is not currently up to date. She says that her license <br />has lapsed and apologizes for having it in the website. Robert Nelson along with the <br />Board is not happy that she misrepresented herself as an LPN. The Board wants this <br />removed from her website right away and has requested a list of what type of services she <br />intends to 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 Trdstees and neighbors appeared with problems and she knew <br />about them. Mr. Garguillo believes her intent was to moves forward and had willful] <br />• <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 />care giver. 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 />• <br />license to have what she wants to do. <br />
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