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In making this decision the Board takes the <br /> position that the 1971 Zoning By-Law are applicable here. <br /> Petitioner's notice of appeal states as the <br /> proposed use of premises, "Three buildings, each containing <br /> 24 dwelling units , all as shown on plans on file with the <br /> Building Inspector". The Board assumes by reason of the <br /> statements of Christopher Burden that the Petitioner has <br /> modified the petition so as to provide as the proposed use <br /> of premises three-multi family dwellings , one with ten <br /> (10) dwelling units and two with thirteen (13) each dwelling <br /> units. <br /> We find that the Petitioner acting in good faith <br /> throughout obtained a permit from the then Building Inspector <br /> on January 19 , 1972 for three (3) permits. On the same date <br /> the Mashpee Board of Health issued approval. Acting under <br /> these permits, the Petitioner had spent $367,000. and <br /> obligated itself for the expenditure of an aggregate total <br /> of over $500,000. <br /> We find that substantial construction has been <br /> completed, but that the buildings are in a partial state <br /> of completion and unusable in their present form. We, further, <br /> find that the present construction cannot be modified so as <br /> to completely comply with the presently existing zoning by- <br /> laws without substantial financial hardship to the Petitioner. <br /> Page -2- <br />