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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> JULY 11, 2018 <br /> Mr. Wall said there are other cases that involve a "use" would be immune from zoning, <br /> and changes from immunity to non-conformity. He discussed these particular cases in <br /> detail with the Board that support his arguments regarding "use", grand-fathering, <br /> immunity, and retro-activity. <br /> Mike Mendoza, Building Commissioner summarized his list of steps for this case and the <br /> attachments that he gave to the Board. <br /> Chairman Furbush wanted to confirm that"grand-fathering" does not apply with this case. <br /> Mr. Wall believes that "grand-fathering" does apply and it's a pre-existing, non- <br /> conforming use, and is retro-active. <br /> Mr. Blaisdell asked if anyone discussed retro-activity and immunity with Town Counsel. <br /> Mr. Paul Rifkin approached the Board and mentioned his relationship with Mr. Haney. <br /> Mr. Tom O'Hara addressed the Board and mentioned that he was approached by some <br /> concerned residents in the area. He mentioned that he took a ride in the helicopter to see <br /> what the situation was, and believes that it's minimal disturbance in the neighborhood. <br /> Mr. Haney approached the Board and provided a list of people that signed a petition in his <br /> favor. He said he flies east to west directly over the water. <br /> Mr. Furbush mentioned that Town Counsel said it's not grand-fathered and needs some <br /> time to review the concerns brought up during discussion regarding immunity and retro- <br /> activity. <br /> Ms. Sangeleer wanted to know if the helipad is considered a structure, and doesn't believe <br /> it applies. <br /> Mr. Wall said that there's no statute of limitations on uses, so that is why there are case <br /> arguments. <br /> Mr. Goldstein said as one Board member, he's not sure if he can vote and would like to <br /> have more information. <br /> Mr. Blaisdell wants to have a meeting with Town Counsel to review the two points <br /> regarding immunity and retro-activity that Mr. Wall discussed. <br /> Mr. Pittsley agrees that he would like to get clarification from Town Counsel. <br /> Mr. Wall addressed the Board and would like to continue the hearing until July 25, 2018, <br /> and if the Board requires more time he will provide a letter of extension. <br /> 5 <br />