09/26/2007 ZONING BOARD OF APPEALS Minutes

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. The Board goes back to the original question — does it pertain to a medical use? There is also a promotional ad that is currently being run through the register slips at Stop & Shop that shows nails etc. to be done. This was done pre -maturely. Will there be gift certificate sales? Is this retail in nature? Again, there was never given a list of specific uses for the unit. It is decided that the Board wants a specific list of uses given and that the use of LPN shall be removed from the website. This list of uses shall be given in a timely fashion in order that opposing counsel can review it. The matter is continued until September 12, 2007. Applicant did not provide the list of tasks required by the board in a timely fashion for the September 12, 2007 hearing. Attorney Kirrane asked for a continuance to September 26, 2007. Chairman Nelson agreed to the continuance and stated this will be the last one and the Board will render a decision one way or the other on that date, September 26, 2007. On September 26, 2007, the Board re -convened the Madaket Place matter. • Attorney Kirrane submits the list of tasks applicant proposes to provide at Madaket place. Mr. Nelson asks applicant if she can show a medical reference like an insurance co -pay similar to the previous tenant that was an osteopath. She is not able to provide such a reference. Attorney Garguillo states that the register receipts at Stop & Shop are still showing that she is advertising massages and that is not a medical use. He states that the list provided is deficient. Attorney Kirrane states that the list is adequate. Attorney Patrick Brady mentions that the advertising still refers to walk-in clients and retail. Mr. Reiffarth mentions that the advertising.does not mention calling for an appointment and therefore one must deduce that it is walk-ins. Mr. Nelson reads all the letters submitted. by abutters both in favor and against the project. Mr. Nelson asks the Board if they are ready to take a vote. They are ready. Jonathan Furbush makes a motion to deny the matter without prejudice. James Reiffarth seconds the motion to deny. A roll vote is taken. Jonathan Furbush votes to support the denial. James Reiffarth supports the denial. Robert Nelson supports the denial. Zella Elizenberry votes against the denial. George Bolton votes against the denial. The motion •' is carried to Deny. 3-2. The Board discusses at length the symantics of how the vote was