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Ji <br /> CM GB-8 <br /> ROPES & GRAY <br /> 50 FEDERAL STREET <br /> BOSTON 10 <br /> CABLE ADDRESS "ROPGRALOR <br /> TELEPHONE HANCOCK 6-9214 <br /> i <br />,f1 dune 15! 1963 <br /> J ohn I. <br /> Sullivan, 'Esq. , <br /> Assistant Attorney General <br /> State Douse, <br /> Boston 33, Massachusetts <br /> Dear ir. Sullivan: <br /> Mr. McGrath has sent me a copy of your inquiry to him <br /> concerning the cluster zoning by-law adopted by the Town of <br /> Mashpee.. This is the by-law I have been calling you about, <br /> anticipating 'hat you would ask the very question you put to <br /> hires lathy is it limited to registered land? <br /> Our office drafted the article for the warrant under <br /> which the Town adopted this by-law. we limited its applica- <br /> tion to registered Land to avoid a problem which we consider <br />'a to be inherent in cluster zoning, in which the area of a tract <br /> of land is part of an arithmetical formula which controls the <br /> amount of construction permitted. In Mashpee it is three <br /> �i dwelling units or 370 square feet of commercial use, times the <br /> .number of acres of land. <br />:i <br /> In towns and cities which apply such a formula to un- <br /> registered land, how is the building inspector to know whether <br /> the applicant for a building permit really owns all the land <br /> he says he does: The applicant may file a plan showing 100 acres, <br /> with 340 dwelling units attractively clustered in part of it, and <br /> a beautiful parr laid out in the rest of it, but suppose his <br /> title to the park is defective or non-existent's The true owner <br /> { <br /> is surely not affected by what has happened. Is the building <br /> inspector to examine the title of each applicant for a permit: <br /> That is only the beginning of the problem. Suppose you have <br /> a client who wants to buy a piece of unregistered land in such a <br /> town. Consider the difficulties you will face in examining the <br /> r title if ever time <br /> y you come to a. division of land you have to <br /> ascertain the state of construction at that time on all the rest <br /> of the tract. <br /> This is why we drafted the article to limit its application <br /> to registered land. The building inspector' s is tion <br /> G. : � A problem is eliminated. <br /> All he has to do is look at the Land Court Plan and the Certificate <br /> yz <br /> v <br />