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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> NOVEMBER 28,2018 <br /> Attorney Wall said that attaching conditions on the use of the property which the Board <br /> has done with other properties, and there has been some violations of those conditions. He <br /> said he would submit to the Board attaching conditions to the finding regarding the hours <br /> of operation, flight paths, use, etc. is something this Board can do, and in fact is <br /> enforceable. Any violations of the, conditions imposed that create a nuisance, and <br /> irreparable harm to the neighbors. If there was a violation,Town Counsel could go to court <br /> and get an injunction to stop it. There would be all the makings in the permit for the <br /> allowance of an injunction by stating in the permit any violation causes irreparable harm. <br /> This is an opportunity to control this use and give the neighbors some relief and allow his <br /> client to have a reasonable use of the helicopter. He does not know what the Court would <br /> do of an appeal of a cease and desist but if his client takes an appeal and prevails there will <br /> be no conditions. <br /> Mr. Goldstein stated as one board member he does not think the conditions would work <br /> because he doesn't know how they could be enforced. Attorney Wall stated that the <br /> petitioner flies in a certain way, and hearing from the neighbors that he doesn't do that. If <br /> calling the police that he's flying, or calling the Town to complain it will be years before <br /> anything is done to stop him from flying the wrong way. He agrees they deal with <br /> conditions of a property that can be inspected. How does one stop him from flying over a <br /> house? <br /> Attorney Wall stated that these conditions are material to the use being substantially similar <br /> to those allowed, and substantially dissimilar to those permitted, any minute deviation or <br /> any condition will cause irreparable harm. If this client did not comply with those, Town <br /> Counsel could submit an injunction. <br /> Sharon said that she's not a flying expert but watched planes come and go at the military <br /> base and believes that their landings and takeoffs depend on the wind. <br /> Mr.Furbush suggested that on Item 2 of the special use finding,if this passes then we could <br /> continue and talk about conditions. If it doesn't pass than it's a moot point. <br /> There were no final comments from the Board. <br /> Mr. Goldstein made a motion to approve the Administrative Appeal William R. Haney's <br /> request of an Administrative Appeal to the Building Commissioner concerning a cease and <br /> desist of a heliport under§174-17, §174-22 and §174-25 of the Zoning Bylaws on property <br /> located in an R-3 Zoning District, Map 99 Parcel 40-0, Mashpee, MA (Owner of record: <br /> Mary E. Zoechi). <br /> Mr. Gould seconded. Ms. Sangeleer voted no, Mr. Pittsley voted no, Mr. Gould voted no, <br /> Mr. Goldstein voted no, and Mr. Furbush voted no. All members voted unanimously to <br /> uphold the Building Commissioner's Decision. <br /> 8 <br />