11/28/2018 ZONING BOARD OF APPEALS ZBA Decision

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i MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WIUTTEN FINDING William R. Laney 40 Great Neck Road South (Map 99 Parcel 40-0 Mashpee,MA.02649 FINDING-2018-55 The Town says that everything is prohibited unless it is expressly allowed,but when the legislature in this case ToiAm Meeting,the Planning Board comes up with these articles, 174 K is recognition that you can't think of every single possibility in the future. Section 114 K91ves the Board some flexibility that if a use cones along that is not expressly allowed in the use table, but it}s like 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 1)and A(9). e made reference to the use of the property suggesting that the helicopter was similar in size and function as a recreational travel trailer and ether recreational motorized items used by single-families. He reiterated that this particular property is 9 acres and the closest abutter is 250 ft. to the South, and the next neighbor is 500 ft. to the North. His argument to the Board are the impacts of noise. He provided the factual documents from the FAA and how they regulate airplanes and test noise impacts in rural areas at Soo ft. He said that the helicopter is 80.9 decibels (he referenced Exhibit and ) in his materials. If the Board loop 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. Furbush cited Section 174-24 I ; ;`where a use is not specifically listed under Section 174-2 5 Table of Use Regulations, said use maybe allowed if a finding is nude by the Zoning Board of Appeals that said use maybe allowed in a specific district on the basis that is substantially similar in its construction,operation,traffic,and environmental impact to a specific use associated as of right or special permit in said district is substantially dissimilar"He continued to cite the complete section. Nft.Furbush asked how close the hclipad is to the property line.Attorney wall said did not know the answer. Attorney Fall said if his client were to prevail on the Appeal then it would be a grandfathered use. He would be subject to the Town'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 might (as similar with lawn mowing . Attomey wall referenced pages 3 and 4 of his letter having similar uses as the helicopter. 2