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1985-1988-ZONING BY-LAWS
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1985-1988-ZONING BY-LAWS
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4/10/2025 2:05:11 PM
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Mashpee_Meeting Documents
Board
ZONING BY-LAWS
Meeting Document Type
Minutes
Meeting Date
12/31/1988
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Mashpee shall determine that such organization is ready <br /> ? and able to maintain said open space in reasonable <br /> condition , the Town of Mashpee shall cease to maintain <br /> said open space at the end of said year . If the <br /> Planning Board of the Town of Mashpee shall determine <br /> such organization is not ready and able to maintain said <br /> open space in reasonable condition , the Town of Mashpee <br /> may , in its discretion , continue to maintain said open <br /> j space during the next succeeding year and subject to a <br /> similar hearing and determination , in each year <br /> thereafter. The decision of the Planning Board of the <br /> Town of Mashpee in any such case shall constitute a <br /> final administrative decision subject to review in <br /> accordance with any applicable statute of the <br /> Commonwealth of Massachusetts . The cost of such <br /> maintenance by the Town of Mashpee shall be assessed pro <br /> rata against the properties within the open space <br /> residential development that have a right of enjoyment <br /> of the open space , such assessment shall become a lien <br /> on properties . The Town of Mashpee , at the time of <br /> entering upon the open space for the purpose of <br /> maintenance , shall file a notice of such entry with the <br /> Town Clerk and at the principal office the corporation , <br /> trust or association owning the open space , which notice <br /> shall contain a statement that the individual owners <br /> within the open space residential development may become <br /> subject to an assessment and lien for their pro rata <br /> share of the total cost of the maintenance . . <br /> 9 . 3 .4 INCENTIVE BONUS PROVISIONS - In order to encourage <br /> the preservation of critical open space and natural <br /> resource areas within the Town of Mashpee for the <br /> benefit of the inhabitants of the Town , certain <br /> increases in density of residential units within an Open <br /> Space Incentive Development may be allowed in accordance <br /> with M. G. L. Chapter 40A, Section 9 . Such increase in <br /> density , in the form of bonuses allocated for transfer <br /> of development rights from portions or parcels within an <br /> OSID which will be preserved as open space to those <br /> portions or parcels of the OSID which will be developed, <br /> shall require approval by the Planning Board as part of <br /> its approval of a special permit for the OSID in <br /> conformance with the following guidelines : <br /> i <br /> 9 .3 .4. 1 For the purposes of this section , a <br /> residential unit shall be defined as a dwelling unit for <br /> use by one family or group of up to five unrelated <br /> j individuals which contains only one kitchen and not less <br /> than one ( 1 ) bedroom nor more than three (3 ) bedrooms <br /> ( subject to the restrictions of Subsection 9 .3,2) . A <br /> bedroom shall be defined as any habitable room exceeding <br /> sixty (60 ) square feet in area which is other than a <br /> living room, dining room, kitchen , utility (boiler, <br /> water heater , laundry , etc . ) room or bathroom. Where a <br /> proposed dwelling contains four or more bedrooms so <br /> defined , it shall be counted as two residential units . <br /> 9 - 8 <br />
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