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In making this decision the Board takes the <br />position that the 1971 Zoning By -Law are applicable here. <br />Petitioner's notice of appeal states as the <br />proposed use of premises, "Three buildings, each containing <br />24 dwelling units, all as shown on plans on file with the <br />Building Inspector". The Board assumes by reason of the <br />statements of Christopher Burden that the Petitioner has <br />modified the petition so as to provide as the proposed use <br />of premises three -multi family dwellings, one with ten <br />(10) dwelling units and two with thirteen (13) each dwelling <br />units. <br />We find that the Petitioner acting in good faith <br />throughout obtained a permit from the then Building Inspector <br />on January 19, 1972 for three (3) permits. On the same date <br />the Mashpee Board of Health issued approval. Acting under <br />these permits, the Petitioner had spent $367*000. and <br />obligated itself for the expenditure of an aggregate total <br />of over $500,000. <br />We find that substantial construction has been <br />completed, but that the buildings are in a partial state <br />of completion and unusable in their present form. We, further, <br />find that the present construction cannot be modified so as <br />to completely comply with the presently existing zoning by- <br />laws without substantial financial hardship to the Petitioner. <br />Page -2- <br />