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s <br /> CONCLUSION d` <br /> As the requirement of Section 6 has been satisfied , (as <br /> evidenced by the Planning Board ' s approval of this plan) and <br /> whereas as the . Planning Board has (as evidenced .by the Plan and <br /> covenant) elected not to have the subdivision subject to such a <br /> condition, it would appear inappropriate to have an encumbrance <br /> placed upon any building permit for this subdivision which would <br /> request the builder to conform to a condition which was satisfied <br /> prior to the'.plan' s approval: <br /> F 1.or this' reason, ''Sound Vest Associates, Inc. is asking the <br /> Board of Appeals to determine: . <br /> 1 . that that particular provision of the building permit <br /> requiring conformance with Section6 of the Special Permit be <br /> struck ; and <br /> 2 . issue a ruling that this subdivision plan is in <br /> conformance with the Town of Mashpee Zoning By-laws and needs no <br /> further action pursuant to Section 6 of the Special Permit <br /> previously granted by the Board of Appeals. <br /> t <br /> t <br /> -4- <br />