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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A W ITT N FINDING <br /> William R. Haney <br /> 40 Great Neck Road South(Map 99 Parcel 40-0 <br /> Ma.shpee, MA 02649 <br /> FTNDf - o 1 -5 5 <br /> Mr. Forbush referenced and believes H. 1 is the listed use. He referenced Section <br /> as well. <br /> Attomey 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. Hes 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 /> Board wants to entertain a special permit, he referenced Section (2). e <br /> said that �f the Boa � <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 <br /> and fire suppressants listed by the FAA. <br /> ttorney wall said that the helicopter doesn't use jet fuel,and he didn't know if his <br /> client carries the fire suppressants or documentation. <br /> The Board read the Town Department comments into the record. <br /> The Boar read several abutter letters into the record that oppose the helicopter, <br /> and the helipr. <br /> Nfi•. Furbush mentioned that he received several complaints that were filed in the <br /> Building Department, and stating that they are violating the Bylaw 174-25. <br /> Mr. Furbush asked for public comments. Several abutters spoke in opposition and <br /> are documented in the file. <br /> Mr. Mendoza addressed Attomey wall stating that he is not challenging his <br /> statements but since be mentioned the options of conditions his concerns are how he would <br /> enforce those possible conditions. The neighbors have already filed complaints, but his <br /> concerns are the Town's ability to enforce those conditions. <br /> Attomey wall said that attaching conditions on the use of the property which the <br /> Boar has done with other properties, and there has been some violations of those <br /> conditions. He said he would submit to the Board attaching conditions to the firing <br /> regarding the hours of operation, flight paths,use, etc* is something this Board can Flo, and <br /> in fact is 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 /> 3 <br />