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It is to be noted that the 1961 zoning by law provides that <br />a special permit shall become void if not made use of in <br />the intended manner within twelve (12) months (of its date <br />of issuance). Petitioner claims that the installation of <br />a water system in various areas of its total development <br />(although not shown to have been installed in the area where <br />the proposed buildings would be built) and the installation <br />of roads in its development and the construction of various <br />other buildings within the entire area owned by New Seabury <br />constitute a use of the special permit. <br />It is to be further noted that the 1961 cluster zoning district <br />by law in effect only restricts the number of dwelling units <br />per acre (three) and eliminates nearly all other requirements. <br />It is to be further noted that the 1961 by law does not delineate <br />on a zoning map or otherwise an area within which the cluster <br />zoning principles may be applied. <br />We find that the petitioner has not produced sufficient <br />evidence to demonstrate that it has fulfilled the requirements <br />of the 1961 zoning by law. We further find that the 1961 <br />zoning by law as to Section V "Cluster Zoning District" under <br />Section F "Zoning Districts" runs counter to the provisions <br />of Chapter 40A of the General Laws which statute provides <br />authorization and guidelines for the enactment of zoning by <br />laws by municipalities. <br />The Board further finds that the delivery of a deed of a parcel of <br />land to the Town in 1964 did not create a contract between the <br />Town and the Petitioner or its predecessor so as to give <br />the Petitioner indefinite rights as to zoning. <br />Accordingly, the decision of the building inspector is sustained. <br />TOWN OF MASHPEE <br />BOARD OF APPEALS <br />