03/25/2015 ZONING BOARD OF APPEALS Decision

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February 27, 2015 Page 8 asserted to the Planning Board that this area is not for parking and therefore, the site plan complies with all applicable provisions of the Zoning Bylaw, including the "location of facilities" provisions set forth in § 174-37. In the event that the Planning Board disagrees with Mr. Carter's assertion, then Mr. Carter has requested that the Planning Board make a determination under § 174-37 that the outdoor display are may be allowed as proposed. Section 174-37 states, in pertinent part: Required parking facilities shall be provided in the same lot or parcel as the principal use they are designed to serve ... Parking facilities shall be located to the side or rear of the principal structure(s) on a lot or parcel, unless the permitting authority determined that an alternative location will improve the project aesthetically, substantially reduce impacts in natural or historic resources or improve public safety. (Emphasis added). The bold language confers upon the Planning Board discretion to allow parking in a location other than the sides or rear of the building if it "will improve the project aesthetically, substantially reduce impacts on natural or historic resources or improve public safety." In this case, having the cars offered for sale located in the front of the building improves the project aesthetically. This is the location uniformly used in the sale of cars. Having the cars displayed anywhere else would be detrimental to the aesthetics of the project. Further, moving the display area to the back of the building would require substantially more site work due to the sloping topography and, for this reason, allowing the display area in the front reduces impacts on natural resources. In the event that the Planning Board disagrees with Mr. Carter's position and determines that "outdoor display" of his inventory is not "parking" and the Planning Board does not make the requested determination to allow the outdoor display area in front of the building, then Mr. Carter requests that the Zoning Board approve the proposed outdoor display use under its Special Permit Granting authority in § 174-241 This section allows the Zoning Board of Appeals to allow a use that is not specifically listed in the Table of Use Regulations upon a finding that the use may be allowed in a specific district on the basis that it is substantially similar in its construction, operation, traffic and environmental impact to a specific use allowed as of right or by special permit and it is substantially dissimilar in those respects from any uses prohibited • in said district.