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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> NOVEMBER 28, 2018 <br /> Attorney Wall said if his client were to prevail on the Appeal then it would be a <br /> grandfathered use. He would be subject to the Town's jurisdiction if there were any <br /> alteration of that use. He's asking for relief from the reservation of right. The Board can <br /> condition that relief by making a finding for this particular model helicopter. There can be <br /> conditions on hours of use, for example referencing the general bylaw that there cannot be <br /> loud noises between 10 at night and 9 in the morning, or flying at night (as similar with <br /> lawn mowing). <br /> Attorney Wall referenced pages 3 and 4 of his letter having similar uses as the helicopter. <br /> Mr.Furbush referenced and believes H. 1 is the listed use. He referenced Section K as well. <br /> Attorney Wall cited the last sentence of Section K, and believes that Town Counsel <br /> "jumped to conclusions"referring that this use requires a special permit. He's not concede <br /> that and thinks it's allowed as of right or incidental to one that's allowed as of right, but he <br /> said that if the Board wants to entertain a special permit, he referenced Section C (2). He <br /> disputes that the helicopter causes excessive noise, and he doesn't believe it has a <br /> significant impact on neighboring properties. <br /> Mr. Gould asked Attorney Wall if Mr. Haney carries the required documentation and fire <br /> suppressants listed by the FAA. <br /> Attorney Wall said that the helicopter doesn't use jet fuel, and didn't know if his client <br /> carries the fire suppressants, but he could find out and ask the Board for a continuance <br /> which could be a condition by the Board. <br /> There were no other questions from the Board. <br /> Mr. Furbush read the Conservation Comments stating that there were no plans showing <br /> where the proposed helipbrt is, and could not determine jurisdiction. There was no <br /> comment from Board of Health. <br /> Mr. Goldstein read the Building Department comment into the record. <br /> The Board read several abutter letters into the record that oppose the helicopter. (These <br /> letters are in the file). <br /> Mr. Furbush mentioned that he received several complaints that were filed in the Building <br /> Department, and stating that they are violating the Bylaw 174-25. <br /> Mr. Furbush asked for public comments. <br /> 5 <br />