10/22/2014 ZONING BOARD OF APPEALS Decision

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27. In addition, the grant is legally untenable in that it flies directly in the face of the Development Agreement executed between the Commission and the Trust. That Development Agreement, at page 7 contains a specific prohibition of"on-site vehicle repair". The Development Agreement was submitted to the ZBA by a resident at the Public Hearing. 28. In error,the ZBA interpreted the above restriction, as well as all others contained in the Development Agreement, as having expired. This is incorrect and renders the decision to grant the Special Permit legally untenable. 29. At page 1 the Development Agreement recites its authority to enter into such agreement, and indicates the following as one of the purposes: "The Cape Cod Commission Act and the RPP (Regional Policy Plan for Barnstable Couno) support the need for a sustainable and balanced economy while protecting the environment and natural resources protected by the Act and the RPP". Prohibiting on-site automobile repair at the Mashpee Industrial Park (including the Subject Property) furthers the protection of the environment mentioned at page 1 of the Development Agreement. 30. The Development Agreement continues (page 2): "The Commission and the Town of Mashpee wish to achieve a predictable development process for the Property". Part of the predictability is the set of restrictions in the Development Agreement which limit the businesses to be operated at the park to those that might be considered lower impact, or light industrial. Both the Town (through the Trust) and the Commission wanted all parties to be able to predict the uses that might become developed at the Mashpee Industrial Park. 7