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16. Thereafter, Haney began to use the helipad for handing, taking off, and storing his <br /> helicopter. <br /> 17. At the time that Haney constructed the helipad and began to use it in 2007, <br /> the status of the law of Massachusetts was that the provisions of M.G.L. c. 90, <br /> § 39B (the Aeronautics Code) prohibited municipalities from enforcing any <br /> zoning bylaw that would prohibit a private landowner from creating and using <br /> a noncommercial private restricted landing area on his or her property,unless <br /> the bylaw had been approved by the Aeronautics Division. <br /> 18. Mashpee's Zoning Bylaw has not been submitted to, or approved by, the <br /> Aeronautics Division, <br /> 19. In or about 2010, the Building Commissioner purported to initiate a zoning <br /> enforcement action against Haney, and the Property, and issued a cease and <br /> desist order regarding use of the helipad. <br /> 20. Taney responded with a letter dated February 1, 20 10, informing the Building <br /> Commissioner that the helipad was properly registered with the FAA and the <br /> Aeronautics Division and requesting the Building Commissioner to withdraw <br /> his cease and desist order. <br /> 21. Thereafter, the Building Commissioner withdrew the cease and desist order. <br /> 4 <br />