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MA HPFB ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> William R. Haney <br /> 540 Great Neck Road South(Map 99 Parcel 40-0 <br /> Mashpee,MA 02649 <br /> FI> IN - 01 -55 <br /> Mr. Furbush referenced and believes H. 1 is the listed use. He referenced Section <br /> K as well. <br /> Attorney wall cited the last sentence of Section K,and believes that Town Counsel <br /> t <br /> wn <br /> "jed to conclusions"referring that this use requires a special permit. Hes not concede <br /> p <br /> that and thinks it's allowed as of right or incidental to one that's allowed as of right,but he <br /> said that if the Board wants to entertain a special permit, he referenced Section . He <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. Laney carries the required documentation <br /> and fire suppressants listed by the FAA. <br /> Attorney '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 Torun Department connrnents into the record. <br /> The Board read several abutter letters into the record that oppose the helicopter, <br /> and the helipad. <br /> Mr. Furbush mentioned that he received several complaints that were filed in the <br /> Building Department, and statim 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 he menti O* ned 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 /> Attorney fall said that attaching conditions on the use of the property which the <br /> . <br /> Board has done with other properties, and there has been some violations of those <br /> o <br /> conditions. He said he would submit to the Board attaching conditions to the finding <br /> din the hours of operation, flight paths,use,etc. is something this Board can do,and <br /> regarding p <br /> .n act is enforceable, An violations of the conditions unposed that create a nuisance,and <br /> � f � <br /> irreparable harm to the neighbors.If there was a violation,Town Counsel could go to court <br /> d get an injunction to stop it. There would be all the makings in the permit for the <br /> allowance of an injunction b stating in the permit any violation causes irreparable harm. <br /> al � Y <br /> 3 <br />