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TOWN OF MASHPEE <br /> BOARD OF APPEALS <br /> New S-=abury Corporation, Petitioner <br /> Appeal -No . /y.S'e <br /> April 6,1973 <br /> FACTS AND DECISION <br /> T.n6 petitioner brings this appeal under the provisions of <br /> t:assachusetts Czneral Laws Chapter 40A Section 13 alleging <br /> hat: it ' is aggrieved by a .decision of the .building inspector <br /> refusing to grant a building permit for the construction <br /> of 17 . .dc7elling units to be contained in multi -family buildings,: <br /> a health' club and reception building to be constructed in. R-2: <br /> zoning district. <br /> Petiizoner concedes that the proposed construction does not <br /> .Y--ie0 . requirements of the zoning by lads enacted by the <br /> tG:7n by a vote August 4, 1971 , and duly approved by the <br /> attorney general . <br /> Pe:itiorer contends that the land is subject to the zoning <br /> by .laci;'enacted in 1961 under which it claims to have obtained " ' <br /> a. :special permit . The 1961 zoning by la1v provided for the <br /> creatio.'n.: of a cluster zoning district. A .copy of this by <br /> "lam:.'. s 'appended hereto as well as a copy of the special <br /> permit. so called, granted to petitioner ' s predecessor in, <br /> title dated September 21 , 1964. <br /> Although 'evidence was not offered to show that petitioner has <br /> Complied with the requirements then in effect (1969) counsel . <br /> stated'. that petitioners predecessor in title fulfilled.ahe2 " <br /> requirements including the conveyance of a portion of registered ~ <br /> ' land 'sufficient to constitute a dominant tenement to the town.. : ' <br /> Additionally, petitioner argues that it is entitled to the <br /> protection of the provisions of Creneral Laws Chapter 40A Section 7A <br /> by reason of the submission of its .plans prior to the time that :the': '' <br /> 1971 zoning by law went into effect. The Board takes the position <br /> that the 1971 zoning by laws became effective upon enactment by . . <br /> the Town (August 4 , 1971 ) and since the .date of signing of the <br /> plan appended .to the application was September20,1972. by .the <br /> Planning Board "Planning Board Approval Nv, :2,g.uired, '1 the <br /> Petitioner is not entitled to the protection <br /> statute. afforded by this <br />