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01he EtdaVdst Falmouth,Mass.,Friday,April 18, 1986 Page Seventeen
<br /> 4. 10.7 Where there is any doubt regarding the public ARTICLE 97:
<br /> status of any way, the Board of Selectmen 7o see if the Town will vote to amend the Zoning
<br /> shall render an opinion upon the request of By-law by deleting the existing Section 9.3 and its
<br /> any party. In the case of ways appearing on g g -
<br /> a map entitled "Public- and Historic Ways in subsections (except as noted below) and adding
<br /> the Town of Mashpee., January, 11986" on file instead the following, or take any other action
<br /> in the office of the Town Clerk, there shall thereon.
<br /> T be a presumption that the Way is- a public
<br />& 9.3 - OPEN SPACE INCENTIVE DEVELOPMENT (OSID)
<br /> way unless conclusive ve legal proof can be
<br /> given to the Board of Selectmen to the con- For the purposes of preserving critical open space
<br /> trary For ways not shown on said map, and natural resource areas within the Town of
<br /> sufficient proof shall berequired before Mashpee, of promoting an efficient pattern of
<br /> land development, and -of promoting the health,
<br /> the Board may determine that a way ,is a public safety and general welfare of the inhabitants of
<br /> way, said proof to be in the form of evidence the Town, an Open'Space Incentive Development
<br /> Of Town action, open and uninterupted use by (OSID) may be all owed by Special Permit from the
<br /> the public for a period in excess of twenty Planning Board in any residential district (except
<br /> years, or other legal evidence. The appear- as provided under Subsection 9.38) in accordance
<br /> ante of a way on the above-mentioned map or with the following procedures and standards.
<br />` a determination of public status by the _ .
<br /> Board of Selectmen shall not be construed or -
<br /> interpreted as evidence that a way constitutes ) .
<br /> adequate access for the division or develop- _
<br /> ment of land. -
<br /> 9,31 SITE ELIGIBILITY AND STANDARDS - An OSID shall
<br />`
<br /> include a parcel or parcels of land containing a
<br /> ALSO TO Subsection 7. 11 add at the end of the Sub-
<br /> Section: "and with the total of at least twenty (20) acres, of which no developable
<br /> parcel may be less than five (5) acres in size
<br /> provisions Of .Subsection (land covered by tidal water, pond, lake, stream or river
<br /> 4.10.° or any wetlands as defined by M.G.L. Chapter 131 ,
<br /> Section 40 not to be included in calculating either
<br /> total) . The developed Portion of the OSID shall
<br /> ' be required to have frontage
<br /> ALSO To Subsection 7.2 add at the end of the Sub- on Route 28, Route 1519 Cotuit Road, Route130, Great Neck
<br /> se Otion: "or land lying Road North and South, Quinaquisset Avenue, Great Oak Road,
<br /> within any roadway or way Mashpee Neck Road or Red Brook Road in a location which will
<br /> ula
<br /> re ted under Subsection allow for a safe entrance onto such road or shall have access
<br /> - 9 to such road as specified in Subsection 9.355. The developed
<br /> 4.10." portion of an OSID shall not be located in any Primary or
<br /> Secondary Conservation Area designated by the' ".Mashpee Open
<br /> Space Incentive Plan" dated January, 1986, which. is on
<br /> ALSO TO Subsection 7.4 add the following additional - file in the office of the Town Clerk. No structure within
<br /> footnote: "(12) dY pro- the developed portion of an OSID may be locatetl, and no
<br /> clearance of natural vegetation, except as provided
<br /> vi s Ons' of this Section - elsewhere in. Section 9.3, may occur, within
<br /> regarding setbacks from three hundred (300) feet of any fresh or saltwater
<br /> streets and public ways shall body of more than ten (10) acres or within three -
<br /> also ,apply to ways regulated hundred (300) feet of the Mashpee, Santuit, Quashnet
<br /> under Subsection 4.10." or Childs Rivers or Red Brook or within one hundred (100>
<br /> feet of any active or recently active (within l0 years)
<br /> - - cranberry bog, pond under ten (10) acres, or any wetlands as
<br /> or take any other action thereon. defined by M.G.L. Chapter 131 , Section 40.
<br /> The provisions of this section regarding
<br /> Submitted by Mashpee Historical .Commission building setbacks or clearance of vegetation shall not apply
<br /> - to anyartificialwater body or watercourse created ( i .e. as
<br /> an entirely new water body,
<br /> not by 'dredging or enlargement of an existing water body
<br /> 4 - or watercourse) as part of the OSID in conformance with
<br /> ' any applicable local , state or federal regulations. A
<br /> permit shall not be approved for an OSID where the Planning
<br /> Board determines that the design of the project, or any
<br /> clearance or removal of natural vegatation within
<br /> the previous f ve' (5) year period, or any I and
<br /> ARTICLE 95: To see if the Town will vote to amend the division or transfer within the previous five (5)
<br /> Zoning BY-Laws by deleting Section 6.3.1 (9) in its en- year period, was intended to or has the effect of
<br /> tirety; and, insert- 'a new Section 6.3.1(9) as follows, subverting or avoiding the purposes or
<br /> or take any other action relating thereto: - requirements of Section 9.3. -
<br /> Fixed or floating piers, wharfs, docks, boardwalks,
<br /> gangways, floats, etc „ both seasonal and year-round, with -
<br /> a total length of 45' or less, measured from the ed6e of 9.32 PERMITTED USES - Within an OSID only the fold owing
<br /> upland ( i .e. the edge of the.,water body or wetland as uses shall be permitted:
<br /> 1 ned by-`Ff-.G.L. , 'Chap ter, 131 , Section 40);"subi ect to
<br /> the securing of all necessaary permits from the Town,
<br /> State and .Federal government units having jurisdiction t . •-
<br /> over inland and/or coastal waterways and wetlands. Prior -
<br /> to the grant of any such special permit the Board o4 9.321 . Single-family detached structures.
<br /> Appeals shall receive the advice and recommendations of -
<br /> F the Conservation Commission, Shellfish Commission and - -
<br /> Harbormaster, and shall not grant the special permit if -
<br /> the structure will unduly interfere with free passage of 9.322 Structures consisting of not more than eight
<br /> travel by water or land or cause substantial disruption (8) attached dwelling units per structure; of
<br /> of the marine Or coastal environment. which no more than ten (10) percent may have
<br /> more than two (2) bedrooms.
<br /> Submitted by the Shellfish Commission
<br /> - 9.323 Garden apartment buildings with not less than.
<br /> four (4) or more than eight (8) apartment
<br /> _ units of which no more than ten (10) percent
<br /> may- have more ,than two (2) bedrooms, and with
<br /> no portion of the building below the first
<br /> story or above the second story used for
<br /> dwelling purposes. -
<br /> ARTICLE 96: To see if the Town will vote to amend Section
<br /> 6.3. 1 of the Zoning BY-Law by adding thereto a new sub- 9.324 Apartment or condominium building up to three
<br /> section 6.3. 1 .11 as follows: - - stories or forty (40) feet in height with no
<br /> - more than twenty-four (24) units, of which no more
<br /> "li . Premises within non-residential zones may be used than ten ('10) percent may have rnore than two
<br /> for parades, carnivals, fairs, or festivals provided (2) bedrooms, with no portion of the building
<br /> that (a> such ,uses shall not be conducted for any bel ow the first story used for dwelling -
<br /> period in excess of 10 consecutive days, and (b) all , purposes. Only allowed by Special Permit from
<br /> necessary licenses and permits are obtained .from the the Planning Board and only when located more than
<br /> Board of Selectmen and other applicable government - three hundred (300) feet from, the perimeter of the
<br /> officials in accordance with town,. state and federal OSID. Such structures shall require approval of
<br /> law." - - the Mashpee Fire Chief before a special
<br /> permit may be granted.
<br /> and by adding the designating "Y" under all commercial
<br /> district columns, or take any other action relating -
<br /> thereto. 9.325 A community building and recreational
<br /> Submitted by Board- of Selectmen facilities for the use of the residents of
<br /> the OSID and their non-paying guests;
<br />
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