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Sloane, who are owners of property in New Seabury , and who have <br /> been permitted to intervene, by motion, as interested persons . <br /> 4. The decision of the Board, in question, is Number <br /> N. S . C. 2 , which is dated April 6 , 1973 , and having been filed <br /> with the Town Clerk of Mashpee on April 12 , 1973 . <br /> 5 . The petitioner , in 1964, was the owner of a tract of <br /> 1, 240 acres of registered land in Mashpee. The property is <br /> designated on Land Court Plan Number 11408-34 as Sections 1 to 29 . ek <br /> 6. In early January 1964, the petitioners filed a petition <br /> requesting that the Board authorize development of the property as <br /> desibnated on Land Court Plan Number 11408-34, Sections 1 to 29, <br /> under the principle of cluster zoning, which was provided for in <br /> §F.V. of the zoning by-laws then in effect . <br /> 7 . On February 21 , 1964, the Board, after a duly noticed <br /> public hearing on the application of petitioner , voted that the <br /> development of the property on the cluster zoning principle will <br /> fulfill the spirit and intent of the Mashpee zoning by-law, without <br /> substantial detriment to the public good, and without nullifying or <br /> substantially derogating from the intent and purpose of the zoning <br /> by-law, or violating any section or principle of the enabling <br /> statutory provisions governing zoning in Massachusetts . <br /> 8. Notice of the Board' s decision of February 21, 1964 has <br /> not been recorded with the Barnstable Registry of Deeds or registered <br /> with the Barnstable Registry District of the Land Court , pursuant to <br /> G. L. c. 40A, §18. <br /> -2- <br />