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Town of NIas4pee . <br /> 16 Great tAlcvk <br /> washpoe0losachusetts 026419 <br /> l A HP L ZONING BOARD OF APPEALS <br /> DECISION POTS AN ADMINISTRATIVE APPEAL TO <br /> THE BUILDING COMMI X R <br /> APPEAL-2018- 3 <br /> William R. Haney Doc. <br /> #502137 <br /> r o f Record: Ma hi tf.t #119923 <br /> Owner � . o c <br /> 540 Great Neck Road South <br /> (Map 99 Marcel 40) <br /> Mashpee, MA 02649 <br /> A petition was filed an June 12, 2018 by William R. Haney requests,an <br /> i the Building Commissioner concerning a cease and desist of a <br /> Administrative Appal t� � <br /> heliport under§174-17, §174-22 and §174-25 of the Zoning Bylaws on property located in• <br /> .� District Iia 9 Parcel 40-0. Mashpee, ISA. (Owner of record: Mary E. <br /> an � Zoning � <br /> occhi). <br /> Notice was duly given to abutters in accordance with Massachusetts,General Daws . <br /> Note �� <br /> Notice was given b publication in The Mashpee Enterprise, a newspaper,of <br /> Chapter 4�A. �t� p <br /> neral circulation in the Town of Mashpee,on June 22, 2018 and June 29,20 1 8 a copy of <br /> which 'I's attached hereto and made a part hereof, <br /> The M ashp ee o � <br /> Zoning Board of Appeals issues this Decision pursuant to the <br /> Massachusetts General Laws Chapter 40A §§8 and 15, and the Towt� of <br /> pr�v�s��ns �f bass - <br /> Mashpee on"ng By-laws. ' <br /> PublicHearings <br /> were held on the Petition at the Mashpee Town Mali on <br /> Wednesday, duly <br /> 11 018 at which time the following members.of the Board of Appeals <br /> D.Furhush vice hairman,William A.Blaisdell;Board <br /> were pr�s�nt� h�uana Jonathan , <br /> } cul Associate Members, ) raittsly and <br /> Members, Scott Goldstein, Nonnan J. <br /> baron Sangeleer wereresent. Building commissioner, Michael Mendoza was also <br /> p <br /> present. <br /> Attorney Brian <br /> "mall with an office in Sandwich, MA represented the petitioner <br /> ` was also present. The application is an appeal-of a cease and desist <br /> w�ll�an� Haney who p p <br /> order issued by the <br /> oil in �issionor which orders I r. Haney to cease and desist <br /> use of his property for landing a private helicopter. <br /> 1 201 Attorney wall presented three ar ments for his reason to <br /> On duly 1 � � � the . <br /> regarding re-existing, non-conforming use. �� said <br /> Appal. His first argument was r g � p helipad was constructed in 2007, and has been used continuously since 2007, and <br /> the time the heli ad was created,municipalities could not enforce <br /> mentioned that the law at p � <br /> in a manner that would prohibit a private land owner from creating an <br /> the zoning bylaw <br /> using a pnvatc restricted land area unless the bylaw had been approved by the Aeronautics <br /> Division. <br /> 1 <br />