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<br /> T
<br /> shall bo.. conve,/('d to a non-pro Fit oroanization , the
<br /> principal ourpose of which is tho conservation of open
<br /> space. The non--profit nrriani.zati.on shall executo a
<br /> restriction enfforceablt.' by the n,-)wn OF Mashpee which
<br /> shall all b(,- rt'cot:L,'ed at th,? Flarnstahle County T)e(Tistry ct
<br /> D(-,?reds orovicli_n-j that s--ich lan(l, shall be k'-pt in an Ili
<br /> open and natural stato acid shal I n()r hc, built for res-
<br /> idence uso3 or `or accossory uses such as
<br /> IIIo=4
<br /> narkinc-f or roadway. Tht� 'non—rofit organisation shall
<br /> 41"
<br /> own and maintain th,� oneri snace and shall not dispose
<br /> o� anv of tho o,)on snacf72 b,,, sale or otherwise except
<br /> that sai;i onjani,zat. i.on may offer to conirev
<br /> Such 0 no n soave to thk' Town oC Mashpee for acceptance
<br /> V by it f
<br /> r .I
<br /> 0r
<br /> Ill
<br /> c) OWN EIR.1r;ji I T BY 01MPORA, T()rj OR TRUST The open space shall
<br /> be conveyed to a corporation or trust owned or to be
<br /> ownt3d by the ownors OF lots or residential units within
<br /> the development . norship of the corporation or trust
<br /> shall pass with can,i(_izinicr-� of the lots or residential
<br /> units . The corporation or trust shall execute a re-
<br /> striction enforceable by the Town of ?Iashpee which
<br /> shall he recorcled at the Barnstable county Registry of ii ,i
<br /> Deeds and said restriction shall provide that such
<br /> land shall be kept in an open and natural state and not
<br /> be built for residence use or developed for accessory
<br /> uses such as narking or roadway. The corporation or
<br /> trust shall own and maintain the open space and shall
<br /> not dispose of any of the open s-)ace by sale or other-
<br /> wise except that said cornor'ation or trust may offer
<br /> to convey such open space to the Town of ItIashriee for
<br /> accentance by it for nark or open snace use. 4
<br /> 7. Provisions shall be made so that Open Land shall be: j ��
<br /> a) Restricted to any one or more of the following uses:
<br /> recreational , agricultural , conservation or park.
<br /> b Onen to such uses by at least the owners and occupants
<br /> Of the lots in the tract.
<br /> C Restrict(--_d so that no si—lacture, shall be erected therr-
<br /> on except as an incident to the abovm_ uses , and no �j`I r�
<br /> such structure shall be mo re thin 1-5 feet in height.
<br /> M'1:111�iEl SO
<br /> each dwelling shall be
<br /> 8. Provisicn s',aLl 1 t ha,-
<br /> sit hack f ro,Yl tlii � pu-lt- l i,C v r)r nri ate wa'v on which its ( i i
<br /> lot is locatr--C: nc't L,-- itl
<br /> t h i ZO) feet.
<br /> 9 . Provisioris sl,,ail inacic, tliat r>.--Ich Iwellina shall have I �q
<br /> two _ (4 I
<br /> _je a Ci.3 o I- at le as t 'i "t:ien ( 15) feet and a
<br /> rear vard of at Least twenty ( ?(),' Feet .
<br /> 10. Each lot: shall cort,-iri not U-!sr, `nan 17 , Mll square feet.
<br /> 11 . A minimum of -,erce:.nt of the total tract ,
<br /> excludi.nq r,)afls , a n d in i'n(2 ty Percent of
<br /> wetlands , shz*,,I.l common lo,)en snace .
<br /> 9 . 43 The Sclard of Ap-,eals, shall transmit to the 1:11anning Roard
<br /> and to the a->plicant the decisj.on of the Tloir,i of A.p-,)eals within
<br /> ninety (901) days foilowin, *ho dato ol: puhlic hearing. Approval IIx
<br /> by the .Board Of' Anneals shall b,.� continq('nt iA,r,-)()n approval of
<br /> the Planninq Board ;)ncler Subdivision control law and as pro-
<br /> vided for th�?rein .
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