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the open space by sale or otherwise except that <br /> said corporation or trust may offer to convey <br /> such open space to the Town of Mashpee for <br /> acceptance by it for park or open space use. <br /> 7. Provisions shall be made so that Open Land shall <br /> be: <br /> a) Restricted to any one or more of the following <br /> uses: recreational, agricultural, conservation or <br /> park. <br /> b) Open to such uses by at least the Owners and <br /> occupants of the lots in the tract. <br /> c) Restricted so that no structure shall be erected <br /> thereon except as an incident to the above uses, <br /> and no such structure shall be more than 15 <br /> feet in height. <br /> 8. Provision shall be made so that each dwelling shall <br /> be set back from the public way or private way on <br /> which its lot is located not less than thirty (30) <br /> feet: <br /> 9. Provisions shall be made so that each dwelling <br /> shall have two side yards each of at least fifteen <br /> (15) feet and a rear yard of at least twenty (20) <br /> feet. <br /> 10. Each lot shall contain not less than 15,000 square <br /> feet. <br /> 11. A minimum of twenty-five percent (25%) of the <br /> total tract, excluding sidewalks, roads, and ninety <br /> percent (90%) of wetlands, shall be common open <br /> space. <br /> 9.43 The Board of Appeals shall transmit to the Planning <br /> Board and to the applicant the decision of the Board <br /> of Appeals within ninety (90) days following the date <br /> of public hearing. Approval by the Board of Appeals <br /> shall be contingent upon approval of the Planning <br /> Board under subdivision control law and as provided <br /> for herein. <br /> ri <br /> 9.44 Planning Board Approval — The developer shall be re- <br /> quired to comply with all of the provisions set forth <br /> in Section 9.38 upon approval by the Board of Appeals <br /> of the Special Permit." <br /> 9.5 Planned Retirement Community — It having been de- I <br /> 34 <br />