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1982-1983-ZBA APPEALS - BLACKBOOK
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1982-1983-ZBA APPEALS - BLACKBOOK
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noted that the 1961 zoning by law provides that <br /> It is to b(' not made- use of in <br /> ' <br /> permit shall become void if months (of its date <br /> a special <br /> the intcl'd' 'i manner within twelve ( ) <br /> petitioner claims that the installation of <br /> Of issua+'c(: ) ' various areas of its total development <br /> a crater .;y::ten in. <br /> (altLou°1i +'+ct shown to Ilouldbbenbuilt )land thetinstallation <br /> he area e <br /> ,,.(� buildings various <br /> the prop develo ment and the construction of <br /> o: roads ir, its p New Seabury <br /> ocher build'Lngs within the entire area o �ned by <br /> constitute a use of the special permit . <br /> further noted that the 1961 clustez zoning unitsdistrIt is to be further <br /> only restricts the number of dwelling <br /> by lac' ii' c and eliminates nearly all other requirements . <br /> three) law does not delineate . . <br /> per acne ( further noted that the 1961 by <br /> It zs to be °Y otherwise an area within which the cluster <br /> on a zoni+�g map es may be applied. <br /> zoning piincip <br /> We find . that the petitioner has not produced sufficient <br /> to de=bnstrate that itfurtherhas lfind ethatethe g1961ments <br /> evidencezoning by law. We <br /> of the 1°6l "cluster Zoning District" under <br /> zoning by l-,Vj as, to Section provisions <br /> 1- "zoning Districts" runs counter to the <br /> Section SOA of the General Lai•+s which statute provides <br /> of 'Chapter <br /> tion and guidelines for the enactment of zoning by <br /> authorizaunicipalities. >. ` . <br /> lass by parcel of <br /> The ward further finds that the delivery of a deed of a <br /> land .to the Toc.n ontr <br /> in 1964_ did nPtredecessorcreate a eso ascto given the <br /> Petitioner or its p <br /> Town and the <br /> the Petitioner indefinite rights as' to zoning. <br /> AccordinglYr <br /> the decision of the building inspector is sustained. <br /> TOWN OF MASHPEE <br /> BOARD OF APPEALS <br /> G / L / .j' <br />
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