1987 JUL-DEC-ZBA APPEALS - Laserfiche WebLink

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the Board of Appeals and dated 16 August, 1985. A copy of that Special Permit is attached hereto as Exhibit "C" and incorporated herein by reference. It is Section 6 of the Special Permit to which the building permit refers and to which this appeal is taken. J ARGUMENT Pursuant to the Town : of Mashpee ' s Zoning By-laws , Section 9 . 42 , a cluster subdivision can be established by 'Special Permit. - ThisSpecPermit 'is ' issued by the Board of Appeals and is T., contingent upon final approval of the project by the Town Planning Board pursuant to Section 9 . 44 . Section 9 . 43 Town of Mashpee Zoning By-laws . Section 9. 38 (as referred to in Section 9. 44) required the applicant to file with the Planning Board , documents consistent with the provisions of Section 9 . 3821-9 . 3825 . These sections require the applicant to file plans and documents for single family housing which include substantially the same materials as was required by Section 6 of the Special Permit. Upon receipt of the application and the appropriate materials as delineated above , the Planning Board is required to make a determination on the _ project. In the event a favorable determination is made , Section 9 . 383 (d) requires that the appropriate endorsement be put on the plan and the plan to be appropriately recorded with the Registry of Deeds before any and building permits are issued thereon. Section 9 . 383 (h) further provides that a notation should be put on the plan to prohibit -2-