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5 p <br /> 13. The Mashpee Industrial Park was developed under a development agreement <br /> ("Development Agreement") executed between the Mashpee Industrial Park Trust(the <br /> "Trust", or "MIPT") and the Cape Cod Commission ("Commission"). The <br /> Development Agreement was executed in February of 1997. <br /> 14. The Applicant proposes to use the Subject Property for an auto body shop. <br /> 15. The proposal prompted the following cautions to be issued by the Building <br /> Commissioner (contained in a document in the ZBA file entitled "Building <br /> Commissioner Comments"): <br /> "This project shall fall under Control Construction. The issue of venting from the <br /> spray booth(s) and how it may affect the Residential District should be discussed. <br /> If there is any outside storage of car/car parts should be discussed. Lighting of this <br /> site should be discussed. The issue of noise should be discussed." <br /> 16. The Applicant submitted a special permit application ("Application") under section <br /> 174-24C.1 of the Mashpee Zoning By-laws, which reads in part: <br /> "A special permit may be issued only ......if it is determined that the proposed use <br /> or development is consistent with applicable state and town regulations, statutes, <br /> bylaws and plans, ......will not adversely affect public health or safety.....will not <br /> have a significant adverse impact on ......neighboring properties, will not cause <br /> excessive levels of noise...... <br /> 17. The granted Special Permit # SP-2014-51 ("Special Permit") contains on its face <br /> indicators that the standard of Section 174-24C.1 are not met. The Special Permit reads <br /> at page 2: <br /> 4 <br />