1973 TOWN RECORDS - Laserfiche WebLink

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249 Special January 31, 1973 The Planning Boarc may require a buffer strip in excess -of the minimum requirement depending on the use of adjoining land. 9.36 COMMON OPEN SPACE 9.361 The common open space shall be a defined area of land shown on the definitive development plan containing not less than thirty T -5.0%o) per cent of the total land area, and shall be designed and maintained in accordznce with the following standards: 9.3611 `Naturally existing woods, meadow and marshland shall be main- tained and improved by customary good conservation practices. 9.3612 In cases where the land is scarred or barren, it shall be im- proved to grow back to the natural state of the surrounding country- side. 9.3613 It shall be planned in large units of land, continuous where - ever possible and shall be accessible to the open space residential delelopment property owners or to the public when owned by the Town of Mashpee. 9.3614 It is the intent that the common open space be developed for reasonable outdoor recreation uses. These may include, playing fields, tennis courts and golf courses. 9.362 The common open space shall be permanent -1- dedicated in one of the following ways: In either case the developer's declaration of this choice and the manner of dedicating the common open space shall be furnished with. -.the definitive development, play, together with the covenants and restrctions necessary. -to secure the permanent legal existence of the common open space. 9.3621 Ownership as tenants in common - The open area may be owned as tenants in common by the individual lot owners within the development; ' 9.3622 Public Ownership - In case the common open space shall be granted to the Town of Mashpee as conservation land. 9.3632 Open Space Residential Development - In case the common open space will be owned by a non-profit corporation, trust or association - created by the developer with the owners of the properties within the open space residential development. Each owner shall become a member of the dorporation, trust or association automatically upon acquiring property in the open space residential development. The corporation, trust or association shall own and maintain the common open space, and:;. shall not dispose of any the common open space, by sale or otherwise (except to an organization conceived and established to own and main- tain the common open space), without first offering to dedicate the same to the Town of Mashpee. 9.363 In the event that the organization established to own and main- tain the open space or any successor organization shall at any time after establishment of the open space residential development fail to maintain the open space in reasonable order and condition in accordance with the plan, the Town of Mashpee will serve written notice upon such organization or upon the residents of the open space residential devel- opment setting forth the manner in which the organization has failed to maintain the open space in reasonable condition and said notice shall ' include a demand that such defiencies of malntenance•.,be cured within thirty (30) days thereof, and shall state the date and place of hear- ing hereon which shall be held within fourteen (.,.4) days of the notice. At such hearing the Town of Mashpee may modify the terms of the orig- inal.notice as to the defieneies and may give an extension of time within which they shall be cured. If the defiencies set forth in the original notice or in the Modifications thereof are not cured within said thirty (30) days or any extension thereof, the Town of Mashpee in order to preserve the taxable values of the properties within the open space residential development and to prevent the open space be- coming a public nuisance, may enter upon said open space and maintain the same for a period of one (1) year. Said entry and maintenances