Laserfiche WebLink
9 . 42 The Planning Board may grant a Special Permit approving � ^ <br /> 1 I' <br /> a cluster development in any residential zoning district <br /> for a tract of land 10 acres or more in which some or all ± <br /> of the lots do not conform to the upland lot area, frontage , ' <br /> I <br /> setback (except from water or wetlands) , or yard requirements <br /> of Section 7 of this By-law, provided that the Planning <br /> Board makes a finding that the public good will be served II , <br /> and further provided that the following criteria are met. jl <br /> 1. The proposed plan will promote the purpose of this section I s <br /> and shall be superior to a conventional plan in preserving II' <br /> natural open space, utilizing natural features of the land, <br /> and allowing more efficient provision for public services . <br /> Where applicable, the Open Land shall be located in Primary <br /> or Secondary Conservation Areas designated by the Mashpee <br /> Open Space Conservation and Recreation Plan. I <br /> 2 . The total number of lots for building purposes within the <br /> tract shown on the plan shall be not more than the number <br /> of times that the total upland area of the tract, in square <br /> fee, exclusive of water, wetlands as defined by Section 40 , <br /> Chapter 131 of the General Laws , and existing and proposed <br /> streets is wholly divisible by the minimum lot size, in (' <br /> square feet, normally required for the zoning district 4 <br /> in which the tract is located. <br /> I ,CE <br /> 3 . The lots for building purposes shall be grouped in a � 'j; <br /> cluster or clusters, and within each cluster the lots <br /> shall be contiguous . <br /> 4 . Each lot shall have a minimum frontage of seventy-five (75 ) U" <br /> feet on a public or private street except as provided for �fl, <br /> under footnote number 1 of Subsection 7 . 4 <br /> I� <br /> 3 . The minimum lot width at the required minimum setback line <br /> shall be not less than one hundred1 <br /> ( 00) feet. <br /> 6 . Provision shall be made so that Open Land shall be owned: <br /> a) PUBLIC OWNERSHIP - The open land shall be conveyed to <br /> the Town of Mashpee and accepted by it for park or open <br /> h <br /> space use. , <br /> b) OWNERSHIP BY NON-PROFIT ORGANIZATION - The open space shal- I <br /> be conveyed to a non-profit organization, the principal <br /> purpose of which is the conservation of open space_ The i <br /> non-profit organization shall execute a restriction <br /> enforceable by the Town of Mashpee which shall be -recorded <br /> at the Barnstable County Registry of Deeds providing that G <br /> such land shall be kept in an open and natural state and <br /> shall not be built for residence use or developed for <br /> accessory uses such as parking or roadway. The non-profit <br /> organization shall own and maintain the open space and shat_ <br /> not dispose of any of the open space by sale or otherwise � { <br /> 1 <br /> except that said non-profit � ± <br /> p p t organization may offer to cony_ <br /> such open space to the Town of Mashpee for acceptance by <br /> it for park or open space use. !I{{ <br /> ! <br />