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Page Eighteen Falmouth,Mass.,Friday,April 18,1986 Mie Ettterprwe
<br /> 9.326 Buildings and uses ordinarily incidental to 9.332 In addition to the required dedicated open
<br /> the construction, operation and maintenance space described in Subsection 9.331 there shall be
<br /> of a planned residential community, such as - a fifty (50) foot buffer strip along the perimeter
<br /> buildings for the maintenance and of the site (except where required buffer strips
<br /> administration of the Oslo and for the from water and wetlands under Subsection 9.331 are-
<br /> storage of equipment and supplies therefor, present) , preferably left in its natural
<br /> model dwellings, offices for the sale or undisturbed state except for required .access
<br /> rental—of dwelling units within the OSID, and roads and except that it shall be additionally
<br /> buildings and facilities for providing to the landscaped or shall be increased in width if in the
<br /> Oslo sewage collection, treatment and opinion of the Planning Board such landscaping or
<br /> disposal , potable and.other water, temporary additional width is necessary to protect the privacy
<br /> trash storage ( in structures less than 200 square of adjoining landowners or the aesthetic quality of
<br /> feet in floor area) and other utilities-, and for important views from public ways. Said buffer may not
<br /> the operation and maintenance '.thereof, but not be used for parking or active recreational
<br /> including restaurants, golf course activities. In addition, all wetlands as defined by
<br /> clubhouses, real estate offices and the like M.G.L. Ch. 131 , Section 40 shall be permanently _
<br /> except under the provisions of Subsection preserved under the same ownership as the majority of
<br /> 9.327 below. No sewage treatment or the minimum open space required under Subsection
<br /> disposal facility or trash storagestructure9.331 . All other land uses not allowed in the open
<br /> may be located less than three hundred (300) space area described by Subsection 9.331 shall be
<br /> feet from developed or developable - considered part- of the developed area of the Oslo.
<br /> residentially zoned property outside the Oslo.
<br /> 9.333 Any open .space required to meet the minimum '
<br /> provisions of Subsection 9.33 shall be a
<br /> 9.327 Where al u includes more than two hundred (200) surveyed andboundedarea of land shown on
<br /> residential
<br /> ial units and contains a total area of more a definitive plan recorded at the Barnstable
<br /> than 100 acres, the Planning Board, as part of the
<br /> Oslo Special Permit, may allow commercial uses County. Registry of Deeds. Said plan shall be
<br /> permitted in the C-2 district to be constructed within the recorded within six months of the approval of ,-
<br /> the Oslo if it finds that such uses are lgSID special permit band r Planning Board,
<br /> along
<br /> appropriate within the Oslo, will serve only along with the covenants and restrictions
<br /> residents of the Oslo and guests staying in required by Subsection 9.334 below. Any transfer
<br /> of the fee title to property to the Town or a non-
<br /> residences within the OSID, and that the
<br /> - pprofit organization shall be completed within
<br /> proposed use will have no significant adverse
<br /> effect on neighboring propertiesoutsidethe one year of the approval of the.
<br /> Oslo, on residents within the Oslo or on the OSID special permit.
<br /> Town's environment and natural resources. In
<br /> no case shall the Board allow more
<br /> than ten (10) square feet (gross first floor 9.334 Anyopenspace required to meet the minimum
<br /> area) of such uses per residential .dwelling provisions of Subsection 9.33 shall be \{
<br /> unit within the Oslo and in no case may such permanently dedicated in one of the following
<br /> uses by located less than three hundred (306) ways:
<br /> feet from the property line of the Oslo. -
<br /> (a) Public Ownership - The open space shall
<br /> - - be conveyed in 'fee to the Town of
<br /> Mashpee and accepted by it for
<br /> 9.33 OPEN SPACE REQUIREMENTS - A minimum of fifty (50) - park or open space use.
<br /> percent of the upland area of the parcel .or parcels
<br /> included within the Oslo shall be permanently
<br /> dedicated as open space. - (b) Ownership by a non-profit
<br /> organization - The open space
<br /> 9.331 This minimum required open space shall lie within shall be conveyed to a non-pro4it
<br /> a primary or secondary conservation area shown organization, the principal'
<br /> on the "Mashpee Open Space Incentive Plan' and purpose of which is the
<br /> shall be left in essentially its conservation of open space. The
<br /> undisturbed natural state, except for non-profit organization shall
<br /> pedestrian, equestrian or bicycle trails, execute a restriction enforceable
<br /> minor clearing for passive recreation _ by the Town of Mashpee which
<br /> purposes, such as picnicking, areas disturbed for ,; shall be recorded at the -
<br /> water wells, pumphouses and related access, provided 'Barnstable County Registry of .,
<br /> that such uses may disturb no more than five . _ Deeds providing that such land
<br /> (5) percent of such open space. In no case shall shall be Kept in an open. and . .
<br /> such area be used for roads, parking, playgrounds natural state and shall not be.
<br /> golf course, tennis courts or other uses requiring built on for residential use or -
<br /> - significant amounts a+ clearing, structures or paving. - developed for accessary uses such
<br /> as parking or roadway or any other
<br /> In any Oslo, all upland within .three hundred (300)
<br /> uses not all by Subsection 9.3
<br /> feet of the mean high water line of great ponds or the in minimum open space areas.
<br /> rivers listed in subsection- 51%31 , as well as any - profit or ganiz anon shall own8r,'d-
<br /> upland within one hundred and fifty (150) feet of shall maintain the common open
<br /> other water bodies, streams, bogs or wetlands as space and shall not dispose of any e
<br /> noted in subsection 9.31 above shall be of the common open space by sale
<br /> included within such dedicated undisturbed natural or otherwise except that said non-
<br /> open space, except that where the developed .profit organization may offer to i
<br /> .portion oftheOslo exceeds one hundred (100) - convey such open space to the Town
<br /> acres, .upon approval -of the OSiD Special of
<br /> Permit by the PlanningBoard in for park o for acceptance by it
<br /> for park or open space use. .
<br /> consultation with the Conservation Commission,
<br /> Shellfish Commission and Harbormaster, and upon
<br /> approval of any permits required from the Conservation
<br /> Commission, up to one hundred (100) feet of (c) Ownership by a corporation or
<br /> the shoreline, and a corresponding one hundred (100) trust - The open space shall be
<br /> foot wide corridor roughly conveyed to a corporation or trust
<br /> perpendicular to the shoreline through any owned or to be owned by the owners
<br /> open space,. may be developed for use as a of the lots or residential units
<br /> dock, marina, boat launch or other water- - within the development. Ownership
<br /> related facility, such as a waterfront park or picnic of the corporation or trust shall ,
<br /> area notinvolvingactive recreation facilities, pass with conveyance of the lots
<br /> - enclosed structures or paved areas covering more than - or residential units. The
<br /> ten percent of such 4orridor area. The area of such - corporation or trust shall execute .
<br /> corridor and facilities shall not count t oward the a restriction enforceable by the
<br /> required 507 open space or be credited for bonus units_ Toon of Mashpee which shall be
<br /> under sect-ion 9.4. In addition to the minimum recorded at the Barnstable County
<br /> required open space in primary and secondary Registry of Deeds. Said
<br /> conservation areas,. other undisturbed natural open restriction shall provide that
<br /> . space is encouraged adjacent to the required buffer such land shall be Kept in an
<br /> areas from water and wetlands, and/or - open and natural state and not be
<br /> adjacent to existing or proposed conservation areas on built on for residential use or
<br /> the site or on neighboring properties where such are developed for accessory uses such
<br /> present, or otherwise in areas which the Planning as parking or roadway or any other
<br /> Board determines would best serve the purposes of + uses not allowed by Section 9.3 in
<br /> Section 9.3. All of the required open space shallbe minimum open space areas. The
<br /> composed of large unified areas rather than small - - corporation or trust shall own and
<br /> strips or lots. No open space area whose - maintain the open space and shall.
<br /> width or other horizontal dimension is less than one not dispose of any of the open
<br /> hundred (100) feet shall be counted toward space by sale or otherwise except
<br /> the requirements of .this subsection, except in the that said corporation or trust may
<br /> case of previously approved and valid subdivision lots - offer to convey such open space to
<br /> in a primary or secondary conservation area which are the Town of Mashpee for acceptance
<br /> proposed to,bp,;gon"rte.d •to, preserv,ed;nat.ur,a i-. ,open by it for park or.vpen:spacf,4se•„v
<br /> space. -
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