1970-1975-ZBA APPEALS - BLACKBOOK

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TOWN OF MASBPEE Petitioner: New Seabury Corp. Appeal No. NS-2 Bearing: April 4, 1973 Appeals Board: Peter M. Lawrence Clara Keliinui Kevin D. O'Connell FACTS AND DECISION The petitioner brings this appeal under the provisions of Massachusetts General Laws Chapter 40A Section 13 alleging that it is aggrieved by a decision of the build- ing inspector refusing to grant a building permit for the construction of 280 rental units with an outdoor swimming pools located on the northerly side of Great Flat Pond* to be constructed in an R-2 zoning district. The petitioner concedes that the proposaldoes not meet the current zoning laws of the Town enacted at Town Meeting on August 4. 1971 and approved by the Attorney General. The petitioner contends that the land is subject to the zoning by law enacted in 1961 under which it claims to have obtained a special permit. The 1961 by law pro- vided for the creation of a cluster zoning dietrict. A copy of this by law is appended hereto as well as a copy of the special permit., so calledo granted to the petitioners predecessor in title dated Februarys21. 1964. Although evidence was not offered to show that the petitioner has complied with the requirements then in effect (1964) counsel stated that the petitioners predecessor in title fulfilled the requirements including the conveyance of a portion of reg- istered land sufficient to constitute a dominant tenement to the town. Additionally* the petitioner argues that it is entitled to the protection of the provisions of the General Laws Chapter 40A Section 7A by reason of the submission of it's plans prior to the time that the 1971 zoning by laws went into effect. The Board takes the position that the 1971 zoning by laws became effective upon enact- ment by the Town (Aug. 491971) and since the date of the signing of the plan appen- ded to the application and marked "B" was September 15. 1971 'Approved 9-15-71 Mashpee Planning Board's the petitioner is not entitled to the protection afforded by this statute It is tm be noted that the 1961 zoning by law providesthat a special permit shall become void if not made use of in the intended manner within a twelve month period from the date of it's issuance. The petitioner claims that the installation of a water system in various areas of its total development(although not shown in the areas where these proposed buildings would be constructed) and the installation of roads in its development and the construction of other buildings within the entire area owned by the New Seabury Corp.. constitute a use of the special permit. 1