1985-1988-ZONING BY-LAWS - Laserfiche WebLink

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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 containing more than two (2 ) stories be located less than thirty (30) feet from any other habitable structure without specific approval from the Mashpee Fire Chief . Access to , and the location of , any multi -family structure or structure containing three stories shall also require the approval of the Mashpee Fire Chief before any special permit or building permit may be granted . 9 - 11