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1985-1988-ZONING BY-LAWS
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1985-1988-ZONING BY-LAWS
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Mashpee_Meeting Documents
Board
ZONING BY-LAWS
Meeting Document Type
Minutes
Meeting Date
12/31/1988
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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 /> 9 . 3 .4 . 1 For the purposes of this section, a <br /> residential unit shall be defined as a dwelling unfit for <br /> use by one family or group of up to five unrelated <br /> 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 . 3 .4.2 The base number of residential units allowed <br /> within an Open Space Incentive Development shall be <br /> calculated as follows : <br /> ( a ) any previously approved , recorded , currently valid <br /> and buildable subdivision lot shall count as one <br /> residential unit ( such lot shall not qualify for <br /> arry bonus multiplier unless it contains at least <br /> 10 , 000 square feet of upland area ) ; <br /> 9 - 8 <br />
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