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1987 JUL-DEC-ZBA APPEALS
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1987 JUL-DEC-ZBA APPEALS
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construction if other plans need to be submitted to the Board of <br /> Appeals . <br /> In the current instance, the plan which was approved by the <br /> Planning Board did not, except for those contained in Exhibit "B" , <br /> list any restrictions on the plan. These covenants and <br /> restrictions are the standard form covenants issued by the Town of <br /> Mashpee ' s Planning Board and do not contain any restrictions on <br /> the :development of , that parcel that called for the submittal of - <br /> any,' additional`*plans. <br /> It would appear that , based upon the requirements of the <br /> Mashpee Zoning By-laws, - and the provisions of Section 6 of the <br /> Special Permit granted by the Board of Appeals, that a site plan, <br /> pursuant to Section 9. 38 should have been submitted as part of the <br /> application package . Further , it is also apparent that the <br /> signature of the Planning Board on the subdivision plan marked as <br /> Exhibit "A" is a direct indication that all of the requirements of <br /> the Zoning By-laws for the approval of this plan, including the <br /> approval of a definitive site plan by both the Zoning Board of <br /> Appeals and the Planning Board , had been complied with prior to <br /> the signing of this plan. <br /> As no covenants other than those referred to in Exhibit "C" <br /> were ever placed upon this plan or subdivision , the only <br /> restrictions which can be placed upon any building permit issued <br /> are those which are issued in conjunction with the covenants and <br /> restrictions of record. As no requirement for a site plan was <br /> made within those cavenants, no restriction concerning the same <br /> should be put on the permit. <br /> -3- <br />
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