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Explanation: This article is intended to allow flexi- visions of this section or of Section 174-46,except that bility in the requirement of 10 foot natural / land- the Planning Board may waive this requirement upon scaped buffers to accommodate situations such as vil- written request from the applicant where, at its sole lage-style development where such buffer strips may discretion, the Planning Board finds that the applicant run counter to the intended design character of the has demonstrated that a cluster development will not area. achieve the purposes of this Section as effectively as a conventional subdivision. Approval shall require that The Board of Selectmen recommends approval. the Planning Board makes a finding that the public good will be served and that the following criteria are The Finance Committee recommends approval by met. a vote of 4-0. (1) The proposed plan will promote the purpose of Planning Board voted at a Public Hearing held on this section and shall be superior to a conventional September 20, 2006 5-0 to recommend approval. plan in preserving natural open space, protecting j wetlands,wildlife habitats,water quality and other Motion made by Selectman John Cahalane. natural resources, utilizing natural features of the land and allowing more efficient provisions for Motion: I move Article 28 be voted as printed in the public services. Where applicable, the open land warrant,except for the phrase"or take any other action shall be located in Primary or Secondary relating thereto". Conservation Areas designated by the Mashpee Open Space Conservation Incentive Plan and in Motion passes unanimously at 8:18 PM. areas of prime agricultural soils as identified in the Soil Survey of Barnstable County, Massachusetts Article 29 issued by the United States Department of Agriculture in March 1993. Open space should To see if the Town will vote to amend the Zoning By- also be laid out so as to maximize buffer areas to law by amending section 174-47 as follows: water bodies and wetlands and toromote p and protect maximum solar access within the develop- Change the headingof Section 174-47 to "Cluster ment. development." Amend Subsection A. and Subsections B.(1) through (2) Except as provided under Subsections B.(9) and (5)to read as follows: (10) below, the total number of lots for building purposes within the tract shown on the plan shall "A. The purposes of this Section are to encourage be not more than the number of times that the total the preservation of open space, to reduce the impact of upland area of the tract, in square feet, exclusive new development on the Town's water quality and nat- of water, wetlands as defined under MGL C. 131, ural resources, to promote the more efficient use of §40, existing or proposed streets, roadway rights- land and municipal infrastructure, and to protect and of-way or easements twenty (20) feet or more in promote the health, safety and general welfare of the width and overhead utility rights-of-way or ease- inhabitants of the town. ments twenty(20)feet or more in width,is wholly divisible by the minimum lot size, in square feet, B. The Planning Board may grant a special per- normally required for the zoning district in which mit approving a cluster development in any residential the tract is located. zoning district for a tract of land, containing at least twice the minimum lot area required in the applicable (3) The lots for building purposes shall be grouped in zoning district, in which some or all of the lots do not a cluster or clusters, and within each cluster the conform to the upland lot area, frontage, setback lots shall be continuous. Open space shall be con- (except from water or wetlands) or yard requirements tiguous within the subdivision or to other existing Of Article VII of this chapter. For any parcel of five(5) or proposed open space to the maximum extent acres or more in area, no subdivision in a residential practicable. zoning district may be approved except pursuant to a special permit for a cluster development under the pro- 89