1970-1975-ZBA APPEALS - BLACKBOOK

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TOWN OF MASHPEE BOARD OF APPEALS New Seabury Corporation, Petitioner Appeal No. April 6,1973 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 building inspector refusing to grant a building permit for the construction of 177 dwelling units to be contained in multi -family buildings, a health club and reception building to be constructed in R-2, zoning district. Petitioner concedes that the proposed construction does not meet the requirements of the zoning by laws enacted by the town by a vote August 4, 1971, and duly approved by the attorney general. 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 zoning by law provided for the creation of a cluster zoning district. A copy of this by law is appended hereto as well as a copy of the special permit, so called, granted to petitioner's predecessor in title dated September 21, 1964. Although evidence was not offered to show that petitioner has complied with the requirements then in effect (1964) counsel stated that petitioners predecessor in title fulfilled the requirements including the conveyance of a portion of registered land sufficient to constitute a dominant tenement to the town. Additionally, petitioner argues that it is entitled to the protection of the provisions of General Laws Chapter 40A Section 7A by reason of the submission of its plans prior to the time that the 1971 zoning by law went into effect. The Board takes the position that the 1971 zoning by laws became effective upon enactment by the Town (August 4, 1971) and since the date of signing of the plan appended to the application was September 20,1972 by the Planning Board "Planning Board Approval Not Required," the petitioner is not entitled to the protection afforded by this statute.