10/22/2014 ZONING BOARD OF APPEALS Decision

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31. The sensitivity of the area is confirmed in the Development Agreement (page 2): "The Property is located partially within two marine water recharge areas, (i) the Waquoit Bay watershed, and (ii) the Popponesset Bay watershed which consists of the Lower Popponesset Bay subwatershed and the Mashpee River subwatershed, as shown on Exhibit C attached hereto'. Thus, it is logical to infer that the reason the Development Agreement limited the kinds of uses is to protect the recharge areas. 32. Also,the Development Agreement references protection of a public water supply(page 2): "a substantial portion of the Property is located within a Massachusetts Department of Environmental Protection certified Zone II to the Holland Mills public supply well as identified on Exhibit C attached hereto'. Again, the rationale for light industrial activities is clear. The Development Agreement prohibits automobile repair for good reason. 33. It is also clear that the Trust and the Commission crafted the Development Agreement in such a way as to be in accord with the Regional Policy Plan. 34. The Development Agreement specifies the uses that are to be allowed (page 3): "mini warehouse, manufacturing, warehousing, light industrial, research and development, general office,office park,high technology/marine technology,business park,financial professional offices, telecommunications, incubator space and medical/dental offices and/or facilities." Thus, there are many productive uses for the 13 lots that make up the industrial park which comply with the clearly stated goals. It is not the case that the Subject Property simply cannot be put to productive use without this Special Permit. 35. The ZBA completely discounted the Development Agreement because of language that appears at the top of page 19, in a paragraph identified as GC6,but the Board read this 8