1985-1988-ZONING BY-LAWS - Laserfiche WebLink

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Approval of the OSID shall require approval by the Planning Board of said covenants and restrictions after consultation with the Town Attorney . 9 . 3 .3 . 6 In the event that the organization established to own and maintain the open space , or any successor organization , shall at any time after establishment of the open space residential development fail to . maintain the open space in reasonable order and condition in accordance with the plan , the Town of Mashpee will serve written notice upon such organization or upon the residents of the open space residential development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition , and said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30 ) days thereof , and shall state the date and place of hearing hereon which shall be held within fourteen ( 14) days of the notice . At such hearing the Town of Mashpee may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured . If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said thirty (30 ) days , the Town of Mashpee in order to preserve the taxable values of the properties within the open space residential development and to prevent the open space from becoming a public nuisance , may enter upon said open space and maintain the same for a period of one ( 1 ) year. Said entry and maintenance shall not vest in the public any right to use the open space except when the same is voluntarily dedicated to the public by the owners . Before the expiration of said year, the Town of Mashpee shall upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space , call a public hearing upon notice to such an organization , or to the residents of the open space residential development , to be held by the Town of Mashpee Planning Board , at which hearing such organization or the residents of the open space residential development shall show cause why such maintenance by the Town of Mashpee shall not , at the election of the Town of Mashpee , continue for a succeeding year . If the Planning Board of the Town of Mashpee shall determine that such organization is ready and able to maintain said open space in reasonable condition , the Town of Mashpee shall cease to maintain said open space at the end of said year. If the Planning Board of the Town of Mashpee shall determine such organization is not ready and able to maintain said open space in reasonable condition , the Town of Mashpee may , in its discretion , continue to maintain said open space during the next succeeding year and subject to a similar hearing and determination , in each year 9 - 7 .yam