10/16/2006 Annual Town Meeting - Laserfiche WebLink

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Amend Subsection 174-47.13.(6) to read as follows: "(6) Provisions shall be made so that open space set aside under the provisions of this chapter shall be owned in one of the following ways: (a) Public ownersbip. The open space shall be conveyed to the Town of Mast pee and accepted by it for park or open space use. (b) Ownership by nonprofit organization. The open space shall be conveyed to, a nonprofit organization, the principal purpose of which is the conservation of open space. (c) 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 the conveyance of the lots or residential units." Amend the first paragraph of Subsection 174-47.B.(7) to read as follows: "(7) Within 180 days of the endorsement of the subdivision plan by the Planning Board, unless said time is extended by the Planning Board, and prior to the issuance of any building permit for lots in the subdivision or the release of any roadway covenant or other roadway performance guarantee for the subdivision, a deed restriction shall be executed, approved by the Commonwealth of Massachusetts and recorded at the Barnstable County Registry of Deeds, which shall provide that such land shall be restricted as specified below. If the open space is, not deeded to the Town, said restriction shall be enforceable by the Town. The non-profit organization, or corporation or trust, shall own and maintain the open space and shall not dispose of any of the open space by sale or otherwise, except that said corporation or trust may offer to convey such open space to the Town of Mashpee for acceptance by it for park or open space uses. Where oven space is to be conveyed to the Town, it shall be made subject to a restriction enforceable by a nonprofit organization, the principal purpose of which is the conservation of open space, which shall be recorded at the Barnstable County Registry of Deeds, and which shall provide that such land shall be restricted as specified below. The open space set aside under the provisions of this, chapter shall be:" Amend Subsection 174-47.B.(7)(a) to read as follows: "(a) Restricted to specific agricultural, open space or park uses approved by the Planning Board as part of its special permit decision and shall be left in essentially its undisturbed natural state, except for agricultural uses, pedestrian, equestrian or bicycle trails, minor clearing for water wells, pumphouses and related access, or stormwater bioretention systems and similar stormwater treatment facilities approved by the Planning Board, provided that such uses or activities, other than agricultural uses, may disturb no more than ten percent (10%) of such open land. Open space proposed to be reserved for agricultural use shall be permanently restricted by deed to those agricultural uses listed in the Section. 174-25 Table of Use Regulations, Subsections C.(l) through ( )�, which may include greenhouses, or burns, stables and similar 26