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of right, to build on the locus in accordance with the permits <br /> and plans, for the following reasons: <br /> i <br /> (a) In 1964 New Seabury Corporation (formerly Popponessett <br /> Corporation), being the owner of more than 100 acres of <br /> registered land in the Town of Mashpee, applied to the Toning <br /> Board of Appeals for a special permit to develop its land on the <br /> cluster zoning principle as provided by section F. V. of the <br /> zoning by-law. <br /> After a public hearing, the Board of Appeals found that <br /> development on the cluster zoning principle in accordance with <br /> said section F. ,V.; of 1240 acres of said land, would fulfill the <br /> spirit and intent of, the zoning by-law without substantial detriment <br /> to the public good, I and it granted the requested special permit. <br /> (b) Since March 3 .1964 when Popponessett Corporation ( now New <br /> Seabury Corporation) was advised that its petition for special <br /> permit had been granted, extensive operations have occurred, <br /> physically appropriating the land involved in the decision to the <br /> uses for which the special permit was granted, including the <br /> construction of a great number of structures, ways, facilities, <br /> preparation of the ground, creation of a water supply system' and <br /> the like. <br /> J <br /> (c) In addition, iPopponessett Corporation, pursuant to the require- <br /> meets of section F.V. of the zoning by-law, executed a deed <br /> dated July 13, 1964 to the Town of Mashpee of over 19 acres of <br /> beach and upland, containing restrictions upon the remaining land <br /> of the grantor. The, restrictions relate to the uses and densities <br /> permitted. <br /> (d) At a special town meeting held on December 6, 1971, the Town <br />` of Mashpee voted to authorize the Selectmen to execute an agreement <br /> With New Seabury Corporation modifying the restrictions in said <br /> 1964 deed to the Town of Mashpee. On December 27, 1971 such an <br /> agreement was 'executed. <br /> (e) New Seabury Corporation made application for its said building <br /> permits on the basis of the 1964 special permit which was and is <br /> in full force and effect. The work done by New Seabury Corporation <br /> within the area for which the special permit was given, created the <br />