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1 <br /> f -2- <br /> It is to be further noted that the 1961 cluster zoning district by law in effect <br /> only restricts they; amber of dwelling units per acre (3) and eliminates nearly all <br /> other requirements. It is to be further noted that the 1961 by law does not delin— <br /> eate on a zoning map or otherwise an area within which the cluster zoning principles <br /> may be applied. <br /> We find th9t the petitioner has not produced sufficient evidence to demonstrate <br /> that it has fulfilled the requirements of the 1961 zoning by law. We further find <br /> that the 1961 zoning by law as to section V "Cluster Zoning District" under Section <br /> F "Zoning Districts" runs counter to the provisions of Chapter 40A of the General <br /> Laws of the Commonwealth which statutes provide authorization and guidelines for the <br /> enactment of zoning by laws by municipalities. <br /> The board further finds that the delivery of a deed of a parcel of land to the town <br /> in 1964 did not create a contract between the town and the petitioner or its pred— <br /> ecessor so as to give the petitioner indefinite rights as to zoning. <br /> w Accordingly* the decision of the building inspector is sustained. <br />�s <br /> Town of Mashpee <br /> Board of Appeals <br /> l <br /> e I <br /> r <br /> d <br /> 6 Aff- 7.3 <br /> v�ceJ��i�ct <br />