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3 . And we will take no action on the request for <br /> alternative Board of Appeals action to the extent the Petitioner <br /> requests an advisory opinion unrelated to the enforcement action <br /> sought and denied. Any action on the request is beyond the <br /> authority of the Board of Appeals to decide pursuant to General <br /> Law Chapter 40A Section 8 . <br /> Findings of Facts : The Modification Agreement dated May 22, <br /> 1995 was entered into by the Board of Selectmen pursuant to the <br /> Vote under Article 9 of the January 29, 1990 Special Town <br /> Meeting. The 1995 Modification Agreement changes the limits or <br /> residential units in commercial floor area contained in the July <br /> 13, 1964 Deed to the Town for certain sections of New Seabury <br /> Development increasing the number of residential units and the <br /> amount of commercial floor area that may be permitted in Section <br /> 5 and decreasing proportionately the number of residential units <br /> and commercial floor area that they permitted in the combined <br /> Sections of 20, 23, 24, 25 and 26 . The restrictions set forth in <br /> the 1964 Deed were previously realized by the December 27, 1971 <br /> Agreement between the Town acting by its Board of Selectmen and <br /> New Seabury as authorized by the Vote under Article 15 of the <br /> December 6, 1971 Special Town Meeting. <br /> 4 . No building permits have been applied for or issued in <br /> Section 5 which depend for their authorization on the increased <br /> number of residential units or the increased commercial floor <br /> area permitted by the 1995 Modification Agreement . <br /> 5 . The 1995 Modification Agreement does not modify or amend <br /> the February 21, 1964 Facts and Decisions issued by the Board of <br /> Appeals and referred to as the Special Permit. Modifying or <br /> amending the Special Permit is unnecessary since the Special <br /> Permit does not specify the number of residential units or <br /> commercial floor area permitted in the various sections of New <br /> Seabury Development. <br /> 6 . The arrangement of the Board of Appeals Special Permit <br /> and separate Deed with restrictions was approved by the Town <br /> Meeting in 1964 with Section FV was added to the zoning By-Laws . <br /> Section FV required a Finding by the Board of Appeals that <br /> development of land will fulfill the spirit and intent of the <br /> Zoning By-Law without substantial detriment to the public good. <br /> This Finding was made by the Board of Appeals as part of the <br /> Special Permit . <br /> 7. Section FV of the 1964 Zoning By-Laws also required that <br /> land be deeded to the Town, that the Town would hold enforceable <br /> restrictions on all of the remaining New Seabury land. This was <br /> accomplished as concluded by Judge David S. Nelson in a 1975 <br /> Barnstable Superior Court Decision in New Seabury Corporation vs . <br /> Board of Appeals in Mashpee. In upholding this Decision, the <br /> Mashpee Appeals Court stated that the New Seabury Corporation <br /> complied in all respects with the By-Law requirements . <br /> -8- <br />