1985-1988-ZONING BY-LAWS - Laserfiche WebLink

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general welfare of the inhabitants of the Town , an Open Space Incentive Development (OSID) may be allowed by Special Permit from the Planning Board in any residential district (except as provided under Subsection 9. 3.8) in accordance with the following procedures and standards . 9.3. 1 SITE ELIGIBILITY AND STANDARDS - An OSID shall include a parcel or parcels of land containing a total of at least twenty (20 ) acres , of which no developable parcel may be less than five (5 ) acres in size ( land covered by tidal water , pond , lake , stream or river or any wetlands as defined by M. G. L. Chapter 131 , Section 40 not to be included in calculating either total ) . The developed portion of the OSID shall be required to have frontage on Route 28 , Route 151 , Cotuit Road , Route 130 , Great Neck Road North and South , Quinaquisset Avenue , Great Oak Road , Mashpee Neck Road or Red Brook Road in a location which will allow for a safe entrance onto such road or shall have access to such road as specified in Subsection 9 . 3 .5 . 5. The developed portion of an OSID shall not be located in any Primary or Secondary Conservation Area designated by the "Mashpee Open Space Incentive Plan " dated January , 1986 , which is on file in the office of the Town Clerk . No structure within the developed portion of an OSID may be located , and no clearance of natural vegetation , except as provided elsewhere in Section 9. 3 , may occur , within three hundred (300 ) feet of any fresh or salt water body of more than ten ( 10 ) acres or within three hundred (300 ) feet of the Mashpee , Santuit , Quashnet or Childs Rivers or Red Brook or within one hundred ( 100 ) feet of any active or recently active (within 10 years ) cranberry bog , pond under ten ( 10 ) acres , or any wetlands as defined by M. G. L. Chapter 131 , Section 40 . The provisions of this section regarding building setbacks or clearance of vegetation shall not apply to any artificial water body or watercourse created ( i .e. as an entirely new water body , not by dredging or enlargement of an existing water body or watercourse) as part of the OSID in conformance with any applicable local , state or federal regulations . A permit shall not be approved for an OSID where the Planning Board determines that the design of the project , or any clearance or removal of natural vegetation within the previous five (5 ) year period , or any land division or transfer within the previous five (5 ) year period , was intended toy or has the effect of subverting or avoiding the purposes or requirements of Section 9 . 3. 9.3.2 PERMITTED USES - Within an OSID only the following uses shall be permitted : 9 . 3 .2 . 1 Single-family detached structures . 9 - 2