03/25/2015 ZONING BOARD OF APPEALS Decision

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• February 27, 2015 Page 2 In addition, Mr. Carter is proposing a display area in the front of the building for the cars that he will be offering for sale. Mr. Carter will provide parking on the sides of the building in order to comply with the parking requirements in the Zoning Bylaw. Mr. Carter asserts that the display area in the front of the building is not "parking." But, in the event that the Planning Board determines otherwise, Mr. Carter has requested the Planning Board to make a determination under § 174-37 that the parking facilities comply with the "location of facilities" insofar as parking is concerned. This request is made without prejudice and will a full reservation of rights. In the event that the Planning Board determines that the outdoor display is "parking" and does not make the determination requested under § 174-37, then Mr. Carter requests the Zoning Board of Appeals to allow the use under § 174-24.J. Since Mr. Carter maintains that his proposed outdoor display does not require any relied, this request is made without prejudice and with a full reservation of rights. In addition, Mr. Carter requests the Planning Board to grant him any and all other • relief required for him to proceed with his proposed project. BACKGROUND The Premises is currently owned by the Mashpee Industrial Park Trust as evidenced by a Deed recorded in the Barnstable Registry of Deeds in Book 9951, Page 280. Exhibit 1. Mr. Carter has entered into an agreement to purchase the Premises. Exhibit 2. The lot was created by an Approval Not Required Plan endorsed by the Planning Board on April 7, 2010 and recorded in the Barnstable Registry of Deeds in Book 634, Page 54. Exhibit 3. The lot was formerly part of Lot 35 shown on a Definitive Plan approved by the Mashpee Planning Board on December 5, 1973 entitled "Mashpee Industrial Park in Mashpee, MA prepared for Wincy Corporation, Arrowhead Drive, Hyannis, Massachusetts" and recorded in Plan Book 279, Page 4. Exhibit 4. The Premises is situated in the Mashpee Industrial Park and is in the Industrial Zoning District (I-1). Pursuant to the Land Space Requirements Table, lots within the I-1 District must have a minimum lot size of 40,000 square feet and 200 feet of frontage. The Premises conforms to these requirements because it has 77,649 square feet in area • (1.78 acres) and has 200 feet of frontage on Commercial Street.