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044 EntuVrist Falmouth,Mass.,Friday,April 18, 1986 Page Nineteen
<br /> .. 9.335 The developer's declaration of his choice of (a) On the basis of location, one of
<br /> method or methods of dedicating the open the following multipliers may
<br /> space, of the three methods described in lied:
<br /> Subsection 9.334 above, shall be included in be app
<br /> his application to thePlanningBoard for
<br /> a Special Permit to develop an Oslo, along ..
<br /> 7 with the required maps and plans describing 1_4 for lands fronting on
<br /> e the open space areas and the proposed uses salt water or salt water
<br /> within said areas. Before final approval wetland ( including. any water
<br /> # of the OSID, or of any definitive subdivision of - body subject to tidal action)
<br /> land within the OSID, by the Planning Board, the where a minimum of three hundred
<br /> developer shall also file with the Board a (300) feet back from the water
<br /> copy of the covenants and restrictions - or wetland arepreserved (only
<br /> necessary to secure the permanent legal landswithin300 feet back from
<br /> existence of the common open space and a the water or wetland may qualify
<br /> copy of any proposed deed for transfer in fee for this .bonus) ;
<br /> to the Town or to a non-profit organization.
<br /> 1_3 for lands fronting on
<br /> - fresh water ponds over ten
<br /> (10) acres., on non-tidal portions
<br /> ii Approval of the OSID shall require approval of the Mashpee, Quashnet, Santuit
<br /> :Y- by the Planning Board of said covenants and or Childs Rivers, Red Brook or
<br /> restrictions after consultation with the Quaker Run (below Route 28) , or on
<br /> Town Attorney. . adjacent fresh water wetlands
<br /> _ were a minimum. of three hundred
<br /> (300) feet back from the water or
<br /> 9.336 (EXISTING SUBSECTION SHALL BE RENUMBERED
<br /> wetland are preserved (only lands
<br /> TO BECOME NEW SUBSECTION ION 9.336) within 300 feet back from the water
<br /> _
<br /> or wetland may qualify for this
<br /> bonus) .
<br /> ` (b) On the basis of consistency with
<br /> 9.34. INCENTIVE BONUS PROVISIONS .- In order to encourage the "Mashpee Open Space Incentive
<br /> the preservation of critical open space and natural Plan" , one of the following,
<br /> resource areas within the Town of Mashpee for the multipliers may be applied:
<br /> benefit of the inhabitantsof the Town, certain _
<br /> increases in density of residential units with-in an 1_4 for lands' located in
<br /> Open Space Incentive Development may be allowed in Primary Conservation areas
<br /> accordance with M.G.L. Chapter -40A, Section 9. Such as defined by the Plan;
<br /> increase in in density, in the form of bonuses '
<br /> allocated for transfer of development rights from
<br /> portions or parcels within an Oslo which will be i_2 for lands located in
<br /> preserved as open space to those portions or parcels Secondary Conservation
<br /> of the OSID which will be developed, shall require areas as defined by the
<br /> approval by the Planning Board as part of its Plan.
<br /> approval of a special permit for the Oslo in
<br /> conformance with the following guidelines: - -
<br /> (c) On the basis of public accessand
<br /> benefit to the inhabitants of the
<br /> 9.341- For the purposes of this section, a Town, one. of the following -
<br /> residential unit shall be defined as a multipliers may be applied:
<br /> dwelling unit for use by one family or
<br /> group of up to five unrelated individuals _ 1_6 for lands transferred in
<br /> which contains only one kitchen and not less fee to the Town in
<br /> than one (1 ) bedroom nor more than three (3) _ conformancewithSubsection
<br /> bedrooms (subject to the restrictions of 9.334 (a) ; -
<br /> Subsection 9.32) . A bedroom shall be -
<br /> n defined as any habitable room exceeding sixty i_2 for landstransferred in
<br /> (60) square feet in area which is other than fee to a recognized non-profit
<br /> a living room, dining room, kitchen, utility .(boiler, conservation organization .
<br /> water heater, laundry etc.) room or bathroom. _ (not to include an association
<br /> Where a proposed dwelling contains four or more de land owners within the
<br /> bedrooms so defined, it shall be counted as two development) in conformance
<br /> residential units: '
<br /> with Subsection 9,334 (b) ;
<br /> 9.342 The base number of residential units allowed 1_0 for lands dedicated inconformance with Subsection
<br /> within an Open SpaceIncentiveDevelopment 9.334 (c) ;
<br /> shall be calculated as follows:
<br /> Tk 42
<br /> (a) any previously approved, recorded, The bonus multipliers allowed by (a)�, (N and (c) for any particular
<br /> currently valid and buildable subdivision residential unit-may be multiplied to determine the maximum number of
<br /> lot shall count as one residential unit units available for transfer from the portion of the preserved open
<br /> (such lot shall not qualify for any bonus- space where that unit could otherwise`have been built (a x In x c
<br /> multiplier unless it contains at least total units allowed for transfer of each unit). That number is in
<br /> 10,000 square feet of upland area) ; lieu of the base unit, not in addition to it.
<br /> (.b) any dwelling unit previously ,
<br /> approved under a currently valid 9.344 Where residential units approved under a
<br /> (unexpired) special permit shall - 'special permit as specified, in Subsection
<br /> count as- one residential unit, (such units 9.342 (b) are to be transferred, a minimum
<br /> shall not qualify for any bonus of fifteen thousand (15,000) square. feet of land,
<br /> multipliers - 'see Subsection 9.344) : or the total area of the site covered by the special
<br /> permit divided by the number ,of units so approved,
<br /> (c)- for undeveloped and unsubdivided whichever is larger, shall be permanently preserved
<br /> land, the number of residential per each residential unit to be transferred. Such
<br /> units allowed shall equal the units shall not qualify for any bonus multiplier,
<br /> total area of the land, .excluding - but the land from which they are transferred shall be
<br /> ninety (90) percent of any counted toward the minimum open space requirement of
<br /> wetlands as defined by M.G.L.. , Subsection 9.331 , provided it otherwise meets the
<br /> Chapter 131 , Section 40 , divided by the criteria of Subsec,tion' 9.33.
<br /> current minimum lot size within the 9.345 No units may be credited for transfer from
<br /> applicable zoning district(s) . - _
<br /> lands previouslyshown as open space on an
<br /> approved definitive subdivision plan or
<br /> 9.343 Where land is permanently' dedicated as open special permit , or lands subject to Otis Air .Base
<br /> space in conformance with the requi.rements .of easements or utility easements unless the ownership of
<br /> Subsection 9.33, the residential -units (as_ such land is transferred in fee to the Town of
<br /> I defined in Subsection 9.342 above) which Mashpee and unless such lands are shown as
<br /> would otherwise have been allowed on such primary or secondary conservation areas on the
<br /> specific area of land may be transferred to "Mashp'ee Open Space Incentive Plan' , in which case
<br /> another portion or parcel of the OSID (subject the area of such land may be divided by the
<br /> to the conditions listed in Subsection 9.33) . minimum lot size applicable at the time and
<br /> Depending on the level of environmental , multi-plied by a factor of .5 to determine the
<br /> scenic and public value and on the ultimate _ number of residential units which may be transferred
<br /> level of public access to or ownership of the to a developable site or parcel within an Oslo, except
<br /> land so dedicated, the residential units that where a previously approved definitive
<br /> transferred may be subject to the following subdivision plan or special permit is legally abandoned
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