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Amend Subsection 174-46C.4.(a) by replacing the open space to the Mashpee Conservation Commission <br /> text with the following: "Public ownership:The open for acceptance by it for open space use."; <br /> space may be conveyed in fee to the Town of <br /> Mashpee, subject to a conservation restriction, Amend Subsection 174-46C.5.by replacing the second <br /> approved by the Commonwealth of Massachusetts sentence with the following: "Before the issuance of <br /> and enforceable by an appropriate party, which shall any occupancy permits for structures within the devel- <br /> be recorded at the Barnstable County Registry of opment, the developer shall also file with the Board a <br /> Deeds or Land Court Registry,as appropriate,provid- copy of the conservation restriction approved by the <br /> ing that such land shall be kept in an open and natural Commonwealth of Massachusetts and recorded in the <br /> state and shall not be built on for residential use or appropriate Registry necessary to secure the permanent <br /> developed for accessory uses such as roadway or any legal existence of the open space, if it is not to be <br /> other uses not allowed by this section in minimum owned by the Mashpee Conservation Commission,and <br /> open space areas, or alternately, may be conveyed to a copy of any recorded deed for transfer in fee to the <br /> the Mashpee Conservation Commission and accepted Town or to a nonprofit organization" <br /> by it for open space use."; <br /> Amend Subsection 174-46D. by replacing the term <br /> Amend Subsection 174-46C.4.(b) by replacing the "residential units" in the first sentence with the term <br /> word "shall" with "may" in the first sentence and "dwellings'; <br /> replacing the second and third sentences with the fol- <br /> lowing: "The nonprofit organization shall execute a Amend Subsection 174-46D.1. by deleting the first <br /> conservation restriction, approved by the sentence, adding the phrase "For the purposes of this <br /> Commonwealth of Massachusetts and enforceable by section" at the beginning of the current second sen- <br /> the Town of Mashpee, which shall be recorded at the tence, adding the following new sentence after the <br /> Barnstable County Registry of Deeds or Land Court current second sentence: "Rooms with six (6) foot <br /> Registry,as appropriate,providing that such land shall wide entranceways and / or rooms consisting of three <br /> be kept in an open and natural state and shall not be (3) walls and a half-wall not exceeding 42 inches in <br /> built on for residential use or developed for accessory height shall not be considered a bedroom."and replac- <br /> uses such as roadway or any other uses not allowed by ing the portion of the last sentence after the phrase <br /> this section in minimum open space areas. The non- "shall not exceed" with the following: "the maximum <br /> profit organization shall own and maintain the com- number of bedrooms allowed by this subsection'; <br /> mon open space and shall not dispose of any of the <br /> common open space by sale or otherwise,except that Amend Subsection 174-46D.2. by replacing the term <br /> said nonprofit organization may offer to convey such "residential units" in the first sentence with the term <br /> open space to the Mashpee Conservation Commission "bedrooms"; <br /> for acceptance by it for open space use"; <br /> Amend Subsection 174-46D.2.(a) by replacing the <br /> Amend Subsection 174-46C.4.(c) by replacing the phrase "one and five-tenths (1.5) residential units" in <br /> word "shall" with "may" in the first sentence, by the first sentence with the phrase"three(3)bedrooms" <br /> replacing the third sentence with the following: "The and by correcting the reference to "Subsection <br /> corporation or trust shall execute a conservation D(2)(c)" to read"Subsection D.2.(c); <br /> restriction, approved by the Commonwealth of <br /> Massachusetts and enforceable by the Town of Amend Subsection 174-46D.2.(b) by correcting the <br /> Mashpee or another appropriate party, which shall be reference to "Subsection D(2)(a)" to read "Subsection <br /> recorded at the Barnstable County Registry of Deeds D.2.(a)", by replacing the portion of the last sentence <br /> or Land Court Registry, as appropriate.", deleting the after the phrase "shall count' with the following: "for <br /> words "parking or" in the fourth sentence, and by the number of bedrooms allowed under said Special <br /> replacing the fifth sentence with the following: "The Permit, and shall not qualify for any bonus multipli- <br /> corporation or trust shall own and maintain the com- ers",and by removing the reference to"Section D(4)"; <br /> mon open space and shall not dispose of any of the <br /> common open space by sale or otherwise,except that <br /> said corporation or trust may offer to convey such <br /> 77 <br />