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466 Annual Town Meeting -il- May 7, 1979 ARTICLE 22. To see if the Town will vote to amend the Zoning By - Laws by deleting from Section 9.322, line 3, the words "Five units" and substituting therefor the words "Four units" and by deleting Section 9.3621, Section 9.3622 and Section 9.3623 in their entirety and substituting therefor the followings "9.3621 PUBLIC OWNERSHIP - The common open space shall be conveyed to the Town of Mashpee and accepted by it for park or open space use. "9.3622 OWNERSHIP BY NON-PROFIT ORGANIZATION - The common open space shall be conveyed to a non-profit organization, the principal purpose of which is the conservation of open space. The non-profit organization shall execute•a re- striction enforceable by the Town of Mashpee which shall be recorded at the Barnstable County Registry of Deeds pro- viding that such land shall be kept in an open and natural state and shall not -be built for residence use or developed for accessory uses such as parking or roadway. The non- profit organization shall own and maintain the common open space and shall not dispose of any of the common open space by sale or otherwise except that said non-profit organiza- tion may offer to convey such common open space to the Town of Mashpee for acceptance by it for park or open space use. "9.3623 OWNERSHIP BY CORPORATION OR TRUST - The open space shall be conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the development. Ownership of the corporation or trust shall pass with conveyance of the lots or residential units. The corporation or trust shall execute a restriction enforceable by the Town of Mashpee which shall be recorded at the Barn- stable County Registry of Deeds and said restriction shall provide that such land shall be kept in an open and natural state and not be built for residence use or developed for accessory uses such as parking or roadway. The corporation or trust shall own and maintain the common open space and shall not dispose of any of the common open space by sale or otherwise except that said corporation or trust may offer. to convey such common open space to the Town of Mashpee for acceptance by it for park or open space use." and by deleting from Section 9.375. line 3, the words "'sixty (60)" and by substituting therefor the words "ninety (90)". ACTION: Motion made and seconded that Article 22 be accepted as read. Voted unanimously. ARTICLE 23. To see if the Town will vote to amend the Zoning By - Law Section 9.42 by deleting therefrom the first paragraph in its entirety and by substituting therefor the following: "Any provisions of Section 7 of this By -Law to the contrary notwithstanding, the Board of Appeals may grant a Special Permit approving a cluster development in a residential dis- trict for a tract of land -20 acres oramore in which some or all of the lots do not conform to the lot area, frontage, set back, or yard requirements of Section 7 of this By -Law, provided that the Board of Appeals makes a finding that the public good will be served and further provided that the following criteria are met:" and further by deleting Section 9.42 sub -paragraph 6.a)b)c) and d) in their entirety and by substituting therefor the following: "6.a) PUBLIC OWNERSHIP - The open land shall be conveyed to the Town of Mashpee and accepted by it for park or open space use. b) OWNERSHIP BY NON-PROFIT ORGANIZATION - The open space shall be conveyed to a non-profit organization, the princi- pal purpose of which is the conservation of open space. The non-profit organization shall execute a restriction en- forceable by the Town of Mashpee which shall be recorded at the Barnstable County Registry of Deeds providing that such land shall be kept in an open and natural state and