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12 . Field Point is the fee owner of several parcels of real <br /> estate in Mashpee, including, inter alia, a 2 .7 acre parcel of <br /> vacant land on Route 28 that abuts the Locus on the northerly <br /> side and a 2 . 26 acre parcel of vacant land that abuts the Locus <br /> on the easterly side. In addition, Fields Point is the owner and <br /> developer of Mashpee Commons, a 41. 3 acre mixed use commercial <br /> development that is directly across Route 28 from both the Locus <br /> and the previously referenced 2 .7 acre Fields Point parcel <br /> abutting the Locus. <br /> 13 . The Locus is located in a C-1 "Commercial" Mashpee <br /> Zoning District. In a C-1 District, property may be used as an <br /> "eating place" or "drive-in eating place" only. pursuant to a duly <br /> issued special permit. Under § 174-24 of the Mashpee Town <br /> Bylaws, such a special permit may be issued, and the property may <br /> be so used, only "subject to such other requirements as may be <br /> specified elsewhere in" the Mashpee Town Bylaws, including but <br /> not limited to the "setback" and other land space requirements <br /> set forth in §§ 174-28 through 174-43 of the Mashpee Town Bylaws. <br /> Similarly, any reconstruction or other modification or change of <br /> any prior nonconforming use or structure in a C-1 District also <br /> is subject to those setback requirements under the terms of <br /> § 174-17 of the Mashpee Town Bylaws, which both (a) incorporate <br /> the special permit "conditions" of § 174-24 by reference and (b) <br /> directly require that there be "adequate land area to provide <br /> sufficient . . . setbacks as may be required" by the Mashpee Town <br /> Bylaws. <br /> POCABCM3.FP -4- <br />