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October 4$ 1999 <br /> Aricle 26 <br /> public meeting. A notice of the Board's action shall be delivered within twenty (20)days to the <br /> applicant and to the Design Review Committee,Building Inspector and Town Clerk. <br /> H. Mixed-use developments. <br /> (1) As part of an open space incentive development, the Planning Board may allow the development of <br /> residential units within a commercial or industrial zone, as part of a residential development or in <br /> conjunction with the uses otherwise allowed in that district as part of a coordinated mixed-use <br /> development. Such mixed-use development shall comply with the requirements of this section except <br /> with regard to permitted uses (Subsection B) and except that there shall be at least a one-hundred-foot <br /> buffer strip providing a vegetated visual buffer between any residential development in an industrial <br /> zone and any other industrially zoned land. There shall be no base residential density credited for <br /> developed sites within the commercial or industrial zone. Where land in a commercial or industrial <br /> zone is shown on the Mashpee Open Space Incentive Plan within a Primary or Secondary Conservation <br /> District, it may not be included in the developed area of an OSID developed under this subsection, but <br /> it may be included in preserved open space, for which a base residential density of one (1) unit per <br /> twenty thousand (20,000) square feet of land so preserved [excluding ninety percent (90%) of any <br /> wetlands as defined by MGL C. 131, § 40] shall be credited in calculating incentive bonuses under <br /> Subsection D. For those portions of such OSID within residential zones, the requirements of <br /> r <br /> Subsections A through G shall apply. [Amended 10-5-98 AT`1,Art.32,Approved 1-4-991 <br /> (2) Where residential uses are proposed to be combined with nonresidential uses in the same structure, any <br /> such structure shall require the approval of the Mashpee Fire Chief and Board of Health in addition to <br /> any other required permits and approvals. <br /> (3) For any OSID developed under this subsection, copies of all application materials required by <br /> Subsection G to be submitted to the Conservation Commission, Design Review Committee and Board <br /> of Health shall also be submitted to the Board of Appeals and the preapplication conference <br /> [Subsection G(l)], special permit review [Subsection G93)] and other items related to review of the <br /> OSID by those agencies shall also be required for the Board of Appeals. <br /> §174-47. Exception for cluster development. <br /> A. Purpose. to encourage the preservation of open space and promote the more efficient use of land, and to <br /> protect and promote the health,safety and general welfare of the inhabitants of the town. <br /> I, <br /> B. The Planning Board may grant a special permit approving a cluster development in any residential zoning <br /> district for a tract of land ten (10)acres or more in which some or all of the lots do not conform to the upland <br /> lot area, frontage,setback(except from water or wetlands)or yard requirements of Article VII of this chapter, <br /> provided that the Planning Board makes a finding that the public good will be served and further provided <br /> that the following criteria are met. <br /> (1) The proposed plan will promote the purpose of this section and shall be superior to a convention plan <br /> in preserving natural open space, utilizing natural features of the land and allowing more efficient <br /> provisions for public services. Where applicable, the open land shall be located in Primary or <br /> Secondary Conservation Areas designated by the Mashpee Open Space Conservation and Recreation <br /> Plan. <br /> I ' <br /> (2) The total number of lots for building purposes within the tract shown on the plan shall be not more than <br /> f water, wetlands <br /> scare feet exclusive o , <br /> area of the tract to > <br /> total upland a q <br /> the number of times that the p <br /> as defined under MGL C. 131, § 40, existing or proposed streets, roadway rights-of-way or easements <br /> twenty (20) feet or more in width and overhead utility rights-of-way or easements twenty (20) feet or <br /> more in width, is wholly divisible by the minimum lot size, in square feet, normally required for the <br /> zoning district in which the tract is located. [Amended 10-7-1991 ATM, Art. 24, approved 2-3- <br /> 1992] <br /> 74 <br />