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z <br /> The public hearing was continued to May 20, 1987 at which time <br /> d <br /> the Board voted unanimously to approve the special permit for <br /> "Great Hay Acres" 35 lot cluster subdivision, subject to <br /> findings and conditions which are specified below. <br /> IV. FINDINGS <br /> 1. The Planning Board is the Special Permit Granting <br /> Authority under Section 9.4 of the Mashpee Zoning By-law, <br /> and under authority granted to it by Massachusetts General <br /> Laws, Chapter 40A, Section 9. <br /> 2. The proposed "Great Hay Acres" cluster subdivision meets <br /> the requirements of Section 9. 4 of the Mashpee zoning <br /> By-law in effect at time of application, as well as the <br /> requirements of Massachusetts General Laws, Chapter 40A, � <br /> Section 9. <br /> 3 . The "Great Hay Acres" cluster subdivision has met the <br /> requirements for definitive plan a <br /> roval er the <br /> Mashpee Zoning By-law, Massachusetts Genn al Laws, Chapter <br /> 41, Section 81 (inclusive) , and the Rules and Regulations <br /> for the Subdivision of Land in Mashpee, given the waiver <br /> of the 800 ' dead end street length regulation (Section <br /> VII .A.7) in the Rules and Regulations, such waiver granted <br /> by the Mashpee Planning Board on January 7, 1987. <br /> 4. The applicant has <br /> PP paid all applicable Planning Board fees <br /> in processing the application (s) and has met the <br /> procedural requirements for special permit and definitive f <br /> plan approval . <br /> 5 . <br /> The special permit application, with attendant open space i <br /> areas, is superior to a grid subdivision in preserving <br /> natural areas and promoting more efficient land <br /> development. <br /> 6. The applicant has acquired an easement, a copy of which is <br /> attached as Appendix A to this decision, that grants <br /> perpetual rights of roadway extension, use and access <br /> across Polaris Drive and Gemini Road in the "Holland Mill <br /> Estates" development (Barnstable Registry of Deeds" Plan <br /> Book 419, Pages 70 - 73) to the "Great Hay Acres" <br /> subdivision. Pursuant to this easement is the grant of <br /> Lot 48 in the "Holland Mill Estates" subdivision, <br /> referenced in the attached deed as Appendix B. I <br /> 7. The applicant has acquired an easement on the 40 ' wide way <br /> from the adjoining "South Cape Resorts" property ' <br /> (Barnstable Registry of Deeds : Plan Book 271, Page 39) , a <br /> copy of which is attached as Appendix C to this decision, <br /> for emergency ingress and egress to the "Great Hay Acres" <br /> subdivision. <br />