11/28/2018 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES NOVEMBER 28,2018 The application of the bylaw points have already been addressed, and the letters that were submitted before the Board and the various public comments that had been received of discussion that the Board had with the petitioner,but this is not specifically an allowed use, and she doesn't think the petitioner has made an argument or has shown that it's substantially similar to other uses allowed in this zoning district or that it's substantially dissimilar to uses that are prohibited. It's not the same as a motorized vehicle or a general accessory use, or a vehicle that's typically parked at the home. The Zoning Board Bylaw says that the Board may look at the facts that's referenced in C2, and she highlighted that she thinks warrant the Board deciding against the petitioner. There is a greater impact on public safety, than other residential vehicles or motorized vehicles, there's a greater risk associated with a helicopter, there's an impact on the quality of air, certainly as the helicopter takes off or lands, dust is generated. This will have an impact on wildlife and habitats, and estuaries, and waterways as the Conservation Commission commented that the property is located next to wetlands. There is a study done by the US Fish & Wildlife Departments several years ago that the helicopter noise does have an impact on all wildlife but particularly on waterfowl and nesting species, it is certainly distracting to boat traffic. As mentioned by many of the neighbors in generates an excessive level of noise and vibration, and for these reasons she feels it does not meet the standards under the bylaw. Mr.Anthony Agniti,resides at 150 Summersea Rd. He addressed specific concerns stating what would stop someone else to get additional permits. He spoke to other Town officials and told them that the petitioner intimidates woman and children with his helicopter. He feels this use would decrease the property values, and it's dangerous to the community. There were no more comments from the audience and Board. Attorney Wali approached the Board and said that there is an opportunity to condition this use through the finding process. There could be conditions of operation, approaches, how the aircraft is flown. If there is violations of those, the neighbors would have somewhere to go the Building Commission and to the Town. If this is denied and there's an appeal, and if Mr. Haney were to prevail on the appeal of the Building Commissioner's Decision. The use would exist as it currently does. There's a change to go down a middle road and allow the use with conditions that would provide the neighbors a mechanism any inappropriate use of the helicopter as suggesting a path forward. The second comment is that there have been lots of things said in writing and testimony, but the use has actually been occurring for 11 years and he is not aware of any noise complaints to the Board of Health under the general bylaw, or noise citations, or accidents, or personal injuries or any FAA complaints. There's been a lot of statements but not a lot of documented evidence. The truth is somewhere in between. Mr. Mendoza addressed Attorney Wall stating that he is not challenging his statements,but since he mentioned the options of conditions his concerns are how he would enforce those possible conditions. The neighbors have already filed complaints, but his concerns are the Town's ability to enforce those conditions. 7