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IV. Findings <br /> Site Eligibility and Usp <br /> i <br /> 1 . 'At the time of filing of the <br /> preliminary subdivision plan, the <br /> land was located .-in the R-5 zone within which a Cluster Devel- <br /> opment was allowed under Section 9.4 of the By-law. The land <br /> Provides more than 10 acres of lot area, and is therefore, an <br /> eligible site for development. <br /> 2. The project satisfies the requirements of M.G.L. c. 40A, sec. 9 <br /> in that it complies with the general purposes and intents of <br /> the By-law. <br /> 3. The project complies with the density and other dimensional <br /> requirements set forth in section 9.4 of the $y-law. <br /> 4. The proposed development is superior to a conventional plan in <br /> preserving natural open spar.?, utilizing natural features of <br /> the land, and allowing more efficient provisions for public <br /> services. The proposed development will provide 9 acres <br /> (Parcel A) of permanent open space, within a secondary <br /> conservation area, as designated on the Town's `Open Space <br /> Incentive Plan° . The applicant has chosen to transfer said <br /> open space parcel to the Mashpee Conservation Commission. <br /> 5. The Board finds and determines that the proposed use and <br /> development, as approved and conditioned, is consistent with <br /> applicable State and Town regulations, statutes, by-laws and <br /> plans. <br /> 6. In conformance with the provisions of Section 6.2.2 of the <br /> Zoning By-law, the Board finds that the proposed cluster <br /> subdivision as modified and conditioned by this decision, will <br /> not adversely affect public health or safety, will not cause <br /> excessive demand on community facilities, will not signifi- <br /> cantly decrease surface or ground water quality or air quality, <br /> will not have a significant adverse impact on wildlife habitat, <br /> estuarine systems, traffic flow, traffic safety, waterways, <br /> fisheries, public lands or neighboring properties, will not <br /> cause excessive levels of noise, vibration, electrical disturb- <br /> ances, radioactivity or glare, will not destroy or disrupt any <br /> species listed as rare, endangered or threatened by the <br /> Massachusetts Natural Heritage Program or any known historic or <br /> archaeologic site, will not produce amounts of trash, refuse or <br /> debris in excess of the Town's landfill and waste disposal <br /> capacities, will properly dispose of stumps, construction <br /> debris, hazardous materials and other waste, will provide <br /> adequate off-street parking, will not cause excessive erosion <br /> r, <br /> or cause increased runoff onto neighboring properties or into <br /> any natural stream, pond or water body and will not otherwise <br /> be detrimental to the Town or the area. <br />