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i <br />467 <br />Annual Town Meeting -12- May 7. 1979 <br />shall not be built for residence use or developed for access- <br />ory uses such as parking or roadway. The non-profit organi- <br />zation shall own and maintain the open space and shall not <br />dispose of any of the open space by sale or otherwise except <br />that said non-profit organization may.offer to convey such <br />open space to the Town of Mashpee for acceptance by it for <br />park or open space use. <br />c) OWNERSHIP BY CORPORATION OR TRUST - The open space shall <br />be conveyed to a corporation or trust owned or to be owned by <br />the owners of lots or residential units within the development. <br />Ownership of the corporation or trust shall pass with convey- <br />ance of the lots or residential units. The corporation or <br />trust shall execute a restriction enforceable by the Town of <br />Mashpee which shall be recorded at the Barnstable County <br />Registry of Deeds and said restriction shall provide that such <br />land shall be kept in an open and natural state and not be <br />built for residence use of developed for accessory uses such <br />as parking or roadway. The corporation or trust shall own and <br />maintain the open space and shall not dispose of any of the <br />open space by sale or otherwise except that said corporation <br />or trust 'nay offer to convey such open space to the Town of <br />Mashpee for acceptance by it for park or open space use." <br />and further by deleting section 9.42 sub -paragraph 10, in its <br />entirety and by substituting therefor the followings <br />"10. each lot shall contain not less than 15,000 square <br />feet." <br />and further by adding the following: <br />"Section 9.43 The Board of Appeals shall transmit to <br />the Planning Board and to the applicant -the decision of <br />the Board of Appeals within ninety•(90) days following <br />the date of public hearing. Approval by the Board of <br />Appeals shall be contingent upon approval of the Planning <br />Board under the subdivision control law and as provided <br />for herein." <br />and further by adding the following: <br />"$ection 9.44 Planning Board Approval - The developer <br />shall be required to comply with all of the provisions <br />set forth in Section 9.38 upon approval by the Board of <br />Appeals of the Special Permit." <br />ACTION: Motion made and -seconded that Article 23 be <br />accepted as written. Voted unanimously. <br />ARTICLE 24. To see if the Town will vote to raise and appro- <br />priate or transfer from available funds a sum of money and <br />authorize the Selectmen to purchase a 4 -wheel drive vehicle <br />to be used by the Animal Control Officer in the performance <br />of his duties, or take any other action thereon. <br />ACTION: Motion made and seconded to table Article 24. <br />Motion carried. <br />ARTICLE 25. To see if the Town will vote to raise and appro- <br />priate or take from available funds a sum of money to defray <br />the operational cost for the community school program, or <br />take any other action thereon. <br />ACTION-. Motion made and seconded to see if the Town <br />will vote to raise and appropriate the sum of $7,490.00 to <br />defray the operational cost for the community school program. <br />Motion carried - 170 yes and 82 no. <br />ARTICLE 26. To see if the Town will vote to raise and appro- <br />priate orttake from available funds the sum of $10,000, or <br />any other sum, to be applied to the Conservation Fund, or <br />take any other action thereon. <br />ACTION: Motion made and seconded that Article 26 be <br />indefinitely postponed. Motion carried. <br />