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26. The cease and desist order was dated was dated March 1, 2018, but was <br /> postmarked May I, 2018 and was received by Haney on May 3, 2018. <br /> 27. On Jeune 1, 2018,Haney and Zocchi timely appealed the cease and desist order <br /> to the Board pursuant to M.G.L. o. 40A, § 8 and Section 174-95 of the <br /> Mashpee Zoning Bylaw. <br /> 28. Haney contended that the Town may not enforce its Zoning Bylaw against the <br /> helipad because: (a) the helipad, and the use thereof, is a lawful preexisting <br /> nonconforming use protected under M.G.L. c. 40A, § 6 and § 174-17 of the <br /> Mashpee Zoning Bylaw; {b} the helipad, and the use thereof, was immune <br /> from zoning prior to Roma, III and, when the immunity was removed by the <br /> Roma, SII decision, the helipad, and the use thereof, became a lawful, <br /> preexisting nonconforming use and (c) because retroactive application of the <br /> holding in Romin Harvey's case would be inequitable, unjust, and would <br /> fail to protect his reasonable expectations. <br /> 29. While the administrative appeal was pending, Haney filed an application dor <br /> a Written Finding under Section 174-24(k) of the Mashpee Zoning Bylaw to <br /> allow a private helicopter landing area on the Property. <br /> 6 <br />