1973 TOWN RECORDS - Laserfiche WebLink

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'250 Special Januaty-31, 1973 shall not vest in the public any rights to use the open space except when the same is voluntari.ly.dedicated to the public by the owners. Before the expiration of said year, the Town of Mashpee shall upon its initiative or upon bhe request of the organization therefore responsible for the maintenance of the open space, call a public hearing upon notice to such organization, or to the resisents of the-'' open space residential development, to be held by the Town of-Mashpee Planning Board, at which hearing such organization or the residents of the open space residential development -shall show cause why such maintenance by the Town of Mashpee shall not, at the election of the Town of Mashpee, continue for a succeeding year. If the Planning Board of the Town of Mashpee shall determine that such organization is ready and able to maintain said open space in reasonable conditions, the Town of Mashpee shall cease to maintain said open space at the end of said year. .If the Planning Board of the Town of Mashpee shall'de- termine such organization is not ready and able to maintain said open - space in reasonable condition, the Town of Mashpee may, in its dis: cretion, continue to,maintain said space during the next succeeding year and subject to a similar hearing and determination, in each year thereafter. The decision of the Planning Board of the Town of Mashpee in any such case shall constitute a final administrative decision sub- ject to review in accordance with any applicable statue of the Common- wealth of Massachusetts. The costs of such maintenance by the Town of Mashpee shall be,assessed pro rata against the properties within the open space residential development that have a right of enjoyment of the open space, such assessment shall become a lien on said properties. The Town of Mashpee, at the time of entering upon the open space for ' the purpose of maintenance, shall file a notice of such entry with the Town Clerk and at the principal office of the corporation, trust or association owning the open space, which notice shall contain a state- ment that the individual owners within the open space residential de- velopment may become subject to an assessment and lien for their pro rata share of the total cost of the maintenance. BOARL OF APPEALS APPROVALS Provided the requirements, as set forth above, are met, the Board of Appeals may approve the use of land for an open space multi -family development provided the Board of Appeals finds that such use of the land, 9.371 Does not substantially derogate from the intent of the zoning by-law; 9.372 The proposed use of the land shall not be substantially detri- mental to adjoining property; 9.373 The proposed development shall be superior to a conventional plan -in preserving open space for conserva-t-ion-or�conven.tional ---- plan in preserving open space for conservation dr recreation, util- izing natural features of the land, and allowing more efficient pro- vision for public services. 9.374 The developer`shall present the following to the Board of Appeals prior to or at the time of the hearing for the special permit; 9.3741 A topographic plan of the entire site showing 2 foot con- tour intervals and detaining existing structures and general vegetative cover masses; U 9.3742 Sketch plan of theproposed development showing the following ' ing.location and dispersement of multi -family structures within -the'' parcel; 9.3743 Vehicular and pedestrian circulation patterns, roadways, and parking area locations; 9.3744 Open space including the locations of intended recreation facilities; 9.3745 Pertinent vegetation, soil and water conditions; 9.3746 Proposed utility systems. 9.3747 Detailed architectual plans including floor plans. 9.375 The Board of Appeals shall transmit to the Planning Board and to the applicant the decision of theBoard of Appeals within