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16 . An agreement was executed pursuant to the vote, and <br /> was delivered , accepted and filed for registration on December <br /> 27 , 1971 in the Barnstable Registry District . <br /> 17 . On December 13 , 1972, the petitioner filed with the <br /> Building Inspector of Mashpee an application to build ona <br /> portion of the property in question a 2-1/2 story structure . <br /> This new structure was to include a reception or administration <br /> unit, 177 rental units , an indoor pool and health club , and an <br /> outdoor swimming pool. Along with the application , petitioner <br /> filed a site plan dated December 8 , 1972 and a locus plan dated <br /> September 20, 1972. <br /> 18 . This structure is to be built on the portion of peti- <br /> tioner' s property located on the southerly side of Shore Drive <br /> West; bounded on the southeast by Nantucket Sound and on the east <br /> by other land of the petitioner and within Section 21. <br /> 19. The dimensions of the plot are as follows : <br /> Frontage - on Shore Drive West, 1, 250 feet more or less . <br /> Depth - 650 feet more or less . <br /> Number of square feet - 535, 000 (12. 3 acres) .more or less . <br /> 20. On December 18 , 1972, the building inspector of Mashpee <br /> denied the petitioner ' s application for the reason "that the appli- <br /> cation is for the construction of buildings which will not conform <br /> to the requirements of the Town of Mashpee Zoning By-Laws now in <br /> effect." <br /> 21. On January 5 , 1973 , the petitioner filed with the town <br /> clerk of Mashpee a notice of appeal from the Building Inspector' s <br /> denial . <br /> -6- <br />