1983-1986-ZONING BY-LAWS (2) - Laserfiche WebLink

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cured. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said thirty (30) days, the Town of Mashnee in order to preserve the taxable values of the properties within the open space residential development and to prevent the open space from, becoming a public nuisance, may enter upon said open space and maintain the same for a Pe'r* iod of one (1) year. said entry and maintenance shall not vest in the nublic any rights to use the open space except when the same is voluntarily dedicated to the 'P- ublic by the owners. Before the expiration of said year, the Town of !Aash-r)ee shall unon its initiative or upon non the request of the organization theretofore resr)on- sible for the maintenance of the open snace, call a Public -hearing upon notice to such organization, or to the Public of the open space residential development, to be held by the Town of Mashpee Planninq Board, at which hearing such organ- ization or the residents- of the ooen space residential devel- OPMcnt shall show cause why such maintenance by the Town of Mashpee shall not, at the election of the Town of Mashnee, continue for a succeeding year. If the Planning Board of Town of Mashpee shall determine that such organization is ready and able to maintain said open space in reasonable con- dition, the Town of Mashpee shall cease to maintain said open space at the end of said year. If the Planning Board Of the Town of Mashpee shall determine such organization is not ready and able to maintain said open space in reasonable condition, the Town of ?1ashpee may, in its discretion, con- tinue to maintain said omenspaceduring the next succeeding year and subject to a similar hearing and determination, in each vear thereafter. The decision of the Planning Board of the Town of Mashnee in any such case shall -constitute a final administrativedecision subject to review in accord- ance with any applicable statute of the Commonwealth' of Massachusetts. The cost Of such maintenance by the Town of Mashpee shall be assessed pro rata against the properties within the open space residential development that have a right of enjoYment of the open space, such assessment shall become a lien on said properties. The Town of Mashpee, at the time of entering upon the open space for the purpose of maintenance', shall file a notice Off' such entry with the Town Clerk and at the principal office OIL the corporation, trust or association owning the open space, which notice shall contain a state- ment that the individual owners within the open space resi- dential development may become subject to an assessment and lien for their pro rata share of the total cost of the maintenance. 9. 37 Pre-Application Conference - Prior to the submission of an application for a special -permit to develop an open Space Attached Single-Family Development, the applicant shall confer with the Planning Boa-rd and Board of Appeals to obtain in- formation and guidance before entering into binding commit- ments or incurring substantial expense in the preparation -27-