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

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Ik 9 . 42 The Planning Board may grant a Special Permit approving � !i �I�l a cluster development in any residential zoning district for a tract of land 10 acres or more in which some or all of the lots do not conform to the upland lot area, frontage , setback (except from water or wetlands) , or yard requirements of Section 7 of this By-law, provided that the Planning ! SII I) t Board makes a finding that the public good will be served ! and further provided that the following criteria are met. 1 . The proposed plan will promote the purpose of this section and shall be superior to a conventional plan in preservingji� natural open space, utilizing natural features of the land, and allowing more efficient provision for public services . Where applicable, the Open Land shall be located in Primary or Secondary Conservation Areas designated by the Mashpee ; I Open Space Conservation and Recreation Plan. il�il ' f 2 . The total number of lots for building purposes within the tract shown on the plan shall be not more than the number of times that the total upland area of the tract, in square fee, exclusive of water, wetlands as defined by Section 40 , Chapter 131 of the General Laws , and existing and proposed streets is wholly divisible by the minimum lot size, in square feet, normally required for the zoning district in which the tract is located. Ut ( � l � 3 The lots for building purposes shall be grouped in a cluster or clusters, and within each cluster the lots shall be contiguous . 4 . Each lot shall have a minimum frontage of seventy-five (75 ) feet on a public or private street except as provided for under footnote number 1 of Subsection 7 . 4 it 5 . The minimum lot width at the required minimum setback line shall be not less than one hundred (100) feet. 6 . Provision shall be made so that Open Land shall be owned: a) PUBLIC OWNERSHIP The open land shall be conveyed to �I � 4 the Town of Mashpee and accepted by it for park or open space use. b) OWNERSHIP BY NON-PROFIT ORGANIZATION - The open space shall lfi be conveyed to a non-profit organization, the principal purpose of which is the conservation of open space. The non-profit organization shall execute a restriction ! ! '� enforceable by the Town of Mashpee which shall be recorded at the Barnstable County Registry of Deeds providing that such land shall be kept in an open and natural state and shall not be built for residence use or developed for 111 li� accessory uses such as parking or roadway. The non-profit 2 organization shall own and maintain the open space and shall SII not dispose of any of the open space by sale or otherwise except that said non-profit organization may offer to convey , such open space to the Town of Mashpee for acceptance by it for park or open space use. a; ! Il = 1