1973-Annual Town Report - Laserfiche WebLink

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90 shall be held within fourteen (14) days of the notice. At s such hearing the Town of Mashpee may modify the terms s � t of the original notice as to the deficiencies and may give c an extension of time within which they shall be cured. If r the deficiencies set forth in the original notice or in the c i modifications thereof are cured within said thirty (30) days, or any extension thereof, the Town of Mashpee in z order to preserve the taxable values of the properties r 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 t for a period of one (1) year. Said entry and maintenance s shall not vest in the public any rights to use the open F 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 respons- ible for the maintenance of the open space, call a public hearing upon notice to such organization, or to the resi- E dents 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 1 election of the Town of Mashpee, continue for a succeed- u; ing year. If the Planning Board of the Town of Mashpee ' shall determine that such organization is ready and able t I ' to maintain said open space in reasonable conditions, the Town of Mashpee shall cease to maintain said open space at the end of said year. If the Planning Board of the r; Town of Mashpee shall determine such organization is not 7 I ready and able to maintain said open space in reasonable condition, the Town of Mashpee may, in its discretion, continue to maintain said space during the next succeed- ing year and subject to a similar hearing and determin- ation, in each year thereafter. The decision of the Plan- ning Board of the Town of Mashpee in an$ such case shall constitute a final administrative decision subject to re- view in accordance with any applicable statute of the Commonwealth of Massachusetts. The cost of such maintenance by the Town of Mashpee shall be assessed pro rata against the properties within the open space residential development that have a right of en- joyment of the open space, such assessment shall become a lien on said properties. The.Town of Mashpee, at the time of 3