1985-1988-ZONING BY-LAWS - Laserfiche WebLink

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9.3 .4. 5 No units may be credited for transfer from lands previously shown as open space on an approved definitive subdivision plan or special permit , or lands subject to Otis Air Base easements or utility easements unless the ownership of such land is transferred in fee to the Town of Mashpee and unless such lands are shown as primary or secondary conservation areas on the "Mashpee Open Space Incentive Plan" , in which case the area of such land may be divided by the minimum lot size applicable at the time and multiplied by a factor of .5 to determine the number of residential units which may be transferred to .a developable site or parcel within an OSID, except that where a previously approved definitive subdivision plan or special permit is legally abandoned in its entirety it may be treated as undeveloped and unsubdivided land under Subsection 9 . 3 .4 . 2 (c ) . Such previously dedicated open space shall not be counted toward the minimum requirements of Subsection 9. 3 . 1 or 9 . 3 .3 . 9.3 . 5 DEVELOPMENT STANDARDS - Any Open Space Incentive Development shall be designed and constructed in conformance with the following standards . 9 . 3 .5 . 1 Any special permit for an Open Space Incentive Development shall be conditioned upon approval of all necessary permits from the Board of Health , Planning Board , Board of Appeals , Conservation Commission , Massachusetts Department of Environmental Quality Engineering and other Town , state and federal agencies . No clearing , grading , filling , construction or other development activity will be permitted until the necessary permits for such activities have been approved . 9 . 3 . 5 .2 All dwelling units except garden apartment buildings or buildings allowed under Subsection 9 . 3 .2 .4 shall have a ground floor with direct outside entrance from that floor. 9 .3 .5 . 3 No structure within an Open Space Incentive Development may be built closer to the street line,, side line or rear line than the minimum requirements of the underlying zoning district , except where the Planning Board , as a part of its approval of the special permit for the OSID, has approved a specific schedule of dimensional controls which differ from those requirements . However, in no case may one or two story primary .structures be located less than twenty (20 ) feet from each other, or may structures 9 - 11