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&Z <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 />Accordingly* the decision of the building inspector is sustained. <br />v � <br />1 <br />U <br />Town of Mashpee <br />Board of Appeals <br />v�ceJ ��i�ct <br />