1982-1983-ZBA APPEALS - BLACKBOOK

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13 . On August 18 , 1971 , the petitioner filed a definitive subdivision plan of the locus , dated August 4, 1971 , with the Planning Board of Mashpee. The plan was approved by the Planning Board on September 15, 1971. 14. The Town of Mashpee adopted a new zoning by-law of 1971 at its town meeting of August 4, 1971 . The new by-law was approved by the attorney general on October 15 , 1971 , published on October 29 , 1971, and posted. 15 . A special town meeting was called on December 6 , 1971 whereby the Town voted to authorize the selectmen to execute, acknowledge, seal and deliver an agreement with New Seabury Corp- oration, which modified restrictions in the deed of the registered land. The article reads as follows : "Article 15 . Amended to read - To see if the Town will o authorize and direct the Selectmen to execute, acknowledge, seal and deliver an agree- ment in recordable form with New Seabury Corporation (formerly Popponesset Corporation) remodifying the restrictions contained in a deed from 'Popponesset Corporation to the Town, dated July 13 , 1964, and duly recorded, so that (a) the number of dwelling units permitted in Section 9 on the plan referred to in the deed shall be reduced from 110 to 30; (b) Sections 20, 23, 24, 25, 26, 27 , 28 and 29 shall be combined into one section in which 1627 dwelling units may be erected and 400, 000 square feet of area, as defined in' the deed maybe devoted to commercial uses in addition to recreational uses ; and (c) no dwellings other than single family dwell- ings may be erected in Section 19 or within 200 feet thereof, should any portion of the combined sections referred to above be taken by eminent domain,' the permitted dwelling units and commercial area shall be reduced proportionatelx and the agreement shall so provide, or take any other action relative thereto. Action: Motion made and seconded that Article be accepted as amended; 72 for, 41 opposed. Vote carried. " -5-