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9 . 42 The Planning Board may grant a Special Permit approving <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 , j <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 <br /> and further provided that the following criteria are met. <br /> 1 . The proposed plan will promote the purpose of this section <br /> , and shall be superior to a conventional plan in preserving <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 li <br /> or Secondary Conservation Areas designated by the Mashpee <br /> Open Space Conservation and Recreation Plan. <br /> �j <br /> 2-. The total number of lots for building purposes within the I <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 <br /> in which the tract is located. j <br /> 3 . The lots for building purposes shall be grouped in a I ' <br /> cluster or clusters, and within each cluster the lots lij ; <br /> shall be contiguous . ;g <br /> 4 . Each lot shall have a minimum frontage of seventy-five (75) <br /> feet on a public or private street except as provided for <br /> under footnote number 1 of Subsection 7 . 4 <br /> 5 . The minimum lot width at the required minimum setback line <br /> shall be not less than one hundred (100) 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 /> space use. <br /> I I` <br /> b) OWNERSHIP BY NON-PROFIT ORGANIZATION - The open space shall I <br /> be conveyed to a non-profit organization, the principal Ia <br /> purpose of which is the conservation of open space. The <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 thatI <br /> such land shall be kept in an open and natural state and s <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 shall <br /> not dispose of any of the open space by sale or otherwise <br /> except that said non-profit organization may offer to convey <br /> such open space to the Town of Mashpee for acceptance by <br /> it for park or open space use. I' <br />