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1963-Annual Town Report
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1963-Annual Town Report
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Annual_Town_Report
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Annual Town Report
Year
1963
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82 <br />submitted to the Board of Appeals upon petition under Sec- <br />tion 9.3; 'if the Board finds that development of the land <br />shown on the plan on the cluster zoning principle will ful- <br />fill the spirit and intent of this By -Law without substantial <br />detriment to the public good; and if a portion of the reg- <br />istered land, sufficient to constitute a dominant tenement, is <br />deeded to the Town of Mashpee by a deed which states <br />that the land thereby conveyed is benefited by restrictions <br />imposed thereby upon all of the land shown on such plan, <br />which restrictions: (i) run, with respect to their burden, <br />with all of the land shown on such plan; (ii) are noted on or <br />in the certificate or certificates of title to the registered por- <br />tions of such land; (iii) have a stated duration of not less <br />than the maximum period permitted by Section 27 of Chap- <br />ter 184 of the General Laws of The Commonwealth of Massa- <br />chusetts; (iv) contain the provisions for extension described <br />in said section; and (v) have the effect, when considered in <br />the aggregate, of: <br />(a) Permitting no. more than three dwelling <br />units times the number of acres of registered land, <br />and <br />(b) Permitting no more than 870 square feet of <br />area (including in such computation the sum of the <br />floor areas of any building but excluding customer <br />parking areas) times the number of acres of reg- <br />istered land to be devoted to commercial uses, other <br />than recreational uses. <br />THEN, all other provisions of this Section F, including <br />but not limited to prohibitions on use and minimum lot size <br />and frontage requirements shall not be applicable to the <br />registered land so long as such restrictions are enforceable, <br />except that no part of such land may be used for industrial <br />or obnoxious uses. If any of the unregistered land is sub- <br />sequently registered and effectively subjected to the fore- <br />going restrictions in favor of the dominant tenement, it <br />shall thereafter, be treated, for all purposes of this Section F, <br />as if it had been so registered and subjected at the time of <br />approval of the plan. <br />
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