10/15/2018 Annual Town Meeting - Laserfiche WebLink

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proportionally with the conveyance of the lots or commercial or residential units, in either case subject to a formal conservation or agricultural restriction to be held by the Town of Mashpee. The developer's declaration of his choice of the three open space / agricultural land preservation methods described above, which may be different for individual such parcels, shall be included in his application to the Planning Board for a Special Permit to develop an MPD, along with maps and plans describing the open space areas, except that, where the MPD is to be developed in phases, as provided below, said declaration, maps and plans shall be filed with the application for approval of each phase. Any water bodies or wetlands, as defined under MGL C. 131, §40, which lie within the boundaries of the MPD shall also be permanently set aside and deeded to one of the three entities identified above under the terms described. Before final approval of the MPD Special Permit, or of any phase approval within the MPD if it is to be developed in phases, the developer shall also file with the Board a copy of the conservation or agricultural restrictions necessary to secure the permanent legal existence of the open space or agricultural land and a copy of any proposed deed for transfer in fee to the Town or to a nonprofit organization. Approval of the MPD or phase shall require approval by the Planning Board of said conservation or agricultural restrictions after consultation with Town Counsel. As required by law, any such restrictions may also require approval by the Commonwealth of Massachusetts. Any open space required to meet the provisions of this Section shall be surveyed, properly bounded on the ground by concrete monuments and shown on a plan recorded at the Barnstable County Registry of Deeds or Land Court Registry. Said plan shall be recorded and said boundary monuments shall be set within six (6) months of the approval by the Planning Board of the MPD Special Permit, or of phase approval for phased projects. Any transfer of the fee title to property to the Town or a nonprofit organization shall be recorded, along with the required conservation or agricultural restrictions, within one (1) year of the approval of the MPD Special Permit, except that, should the MPD be proposed for development in phases, said transfer shall take place within one (1) year of the approval of the plan for said phase by the Planning Board. In either case, said transfer shall be completed before the issuance of any building permit for development within said phase. No land within the allowed development area of the MPD which is set aside for park, playground or similar uses, the majority of whose area consists of natural or landscape vegetation, and is open to use by the general public shall require any set-aside of open space or agricultural land outside the developed area. In addition, any land which is covered by buildings and directly-associated parking and other infrastructure in existence at the time of application for an MPD Special Permit, or has previously received a Special Permit for commercial or mixed-use development from the Planning Board or Zoning Board of Appeals under the provisions of the Mashpee Zoning By-law, may be incorporated into the developed area of the MPD without any set-aside of open space or agricultural land outside the developed area and retaining any development rights created under said previous Special Permits. D.Allowed uses. Within a Mixed-use Planned Development, for each acre of open space transferred to the Town under the provisions of Subsection C, 50 bedrooms shall be allowed, and for each acre otherwise set aside as open space or agricultural land under said Subsection, 25 bedrooms shall be allowed, which bedrooms may be incorporated into any form of residential or mixed-use building, notwithstanding any other provisions of this 23