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I <br />W. <br />3- <br />of right, right, to build on the locus in accordance with the permits <br />and plans, for the following reasons: <br />i <br />(a) In 1964 New Seabury Corporation (formerly Popponessett <br />Corporation), being the owner of more than 100 acres of <br />registered land in the Town of Mashpee, applied to the Toning <br />Board of Appeals for a special permit to develop its land on the <br />cluster zoning principle as provided by section F. V. of the <br />zoning by-law. <br />After a public hearing, the Board of Appeals found that <br />development on the cluster zoning principle in accordance with <br />said section F. Y.; of 1240 acres of said land, would fulfill the <br />spirit and intent of; the zoning by-law without substantial detriment <br />to the public good, I and it granted the requested special permit. <br />(b) Since March 3 .1964 when Popponessett Corporation ( now New <br />Seabury Corporation) was advised that its petition for special <br />permit had been granted, extensive operations have occurred, <br />physically appropriating the land involved in the decision to the <br />uses for which the special permit was granted, including the <br />construction of a great number of structures, ways, facilities, <br />preparation of the ground, creation of a water supply system' and <br />the like. <br />(c) In addition, iPopponessett Corporation, pursuant to the require- <br />ments of section F.V. of the zoning by-law, executed a deed <br />dated July 13, 1964 to the Town of Mashpee of over 19 acres of <br />beach and upland, containing restrictions upon the remaining land <br />of the grantor. The, restrictions relate to the uses and densities <br />permitted. <br />(d) At a special town meeting held on December 6, 1971, the Town <br />of Mashpee voted to authorize the Selectmen to execute an agreement <br />With New Seabury Corporation modifying the restrictions in said <br />1964 deed to the Town of Mashpee. On December 27, 1971 such an <br />agreement was 'executed. <br />(e) New Seabury Corporation made application for its said building <br />permits on the basis of the 1964 special permit which was and is <br />in full force and effect. The work done by New Seabury Corporation <br />within the area for which the special permit was given, created the <br />