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It is to be noted that the 1961 zoning by law provides that <br /> a special permit shall become void if not made use of in <br /> the intended manner within twelve (12) months (of its date <br /> of issuance) . Petitioner claims that the installation of <br /> a water system in various areas of its total development <br /> (although not shown to have been installed in the area where <br /> the proposed buildings would be built) and the installation <br /> of roads in its development and the construction of various <br /> other buildings within the entire area owned by New Seabury <br /> constitute a use of the special permit. <br /> It is to be further noted that the 1961 cluster zoning district <br /> by law in effect only restricts the number of dwelling units <br /> per acre ( three) and eliminates nearly all other requirements. <br /> It is to be further noted that the 1961 by law does not delineate <br /> r on a zoning map or otherwise an area within which the cluster <br /> zoning principles may be applied. <br /> We find that the petitioner has not produced sufficient <br /> evidence to demonstrate that it has fulfilled the requirements <br /> of the 1961 zoning by law. We further find that the 1961 <br /> zoning by law as to Section V "Cluster Zoning District" under <br /> Section F "Zoning Districts" runs counter to the provisions <br /> ' of Chapter 40A of the General Laws which statute provides <br /> authorization and guidelines for the enactment of zoning by <br /> laws by municipalities. <br /> The Board further finds that the delivery of a deed of a parcel of <br /> land to the Town in 1964 did not create a contract between the <br /> Town and the Petitioner or its predecessor so as to give <br /> 4L the Petitioner indefinite rights as to zoning. <br /> Accordingly, the decision of the building inspector is sustained. <br /> TOWN OF MASHPEE <br /> BOARD OF APPEALS <br /> lA cQ�1 <br />