11/28/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEAL DECISION FOR a WRITTEN FINDING William R. Haney 540 Great Neck Road South(leap 99 Parcel 40-0) Iashpee, MA 02649 FINDfN - of 8- 5 The Town says that everything is prohibited unless it is expressly allowed,but when the legislature'in this case Town Meeting,the Planning Board comes up with these articles, 174 K is recognition that you cant think of every single possibility in the fixture. Section 174 K gives the Board some flexibility that if a use cones along that is not expressly allowed in the use table, but it's Iike uses are allowed, and it's not like uses that are prohibited the Board can make a finding that the use is permitted. Attorney wall said he is requesting a finding under single-family residential use listed under Items a(l) and a(9). He Ornade reference to the use of the property suggesting that the helicopter was similar in size and function as a recreational travel trailer and other recreational motorized items used by single-families. He reiterated that this particular property is acres and the closest abutter is 5 o ft. to the South, and the next neighbor is p y Soo ft. to the North. His argument to the Board are the impacts of noise, He provided the factual documents from the Pao and how they regulate airplanes and test noise impacts in rural areas at 500 ft. He said that the helicopter is 80.9 decibels (he referenced Exhibit 8 and 9) in his materials. If the Board loops at the use, and the facts presented the impact with the helicopter is less than a regular air conditioner, lawn mower, snow blower, etc, Mr. Purbush cited Section 174-24 KI; "'where a use is not specifically listed under Section 174-25 Table of Use Regulations, said use maybe allowed if a finding is made by the Zoning Board of appeals that said use maybe allowed in a specific district on the basis that is substantially Simi lar in its construction,operation,traffic',and environmental impact. to a s ecific use associated as of right or special permit in said district is substantially p dissimilar."He continued to cite the complete section. Mr. Purbush asked how close the helipad is to the property line. attorney wall said did not know the answer. Attorney wall said if his client were to prevail on the appeal then it would be a grandfathered use. He would be subject to the 'own's Jurisdiction if there were any alteration of that use. He's asking for relief from the reservation of right. The Board can condition that relief by making a finding for this particular model helicopter. There can be conditions on hours of use, for example referencing the general bylaw that there cannot be loud noises between 10 at night and 9 in the morning, or flying at night (as similar with lawn mowing). Attorney wall referenced pages 3 and 4 of his letter having similar uses as the helicopter. 2