10/05/1994 PLANNING BOARD Minutes

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applicant ' s representation that he is the owner of the open space parcel constitutes de facto evidence of an additional violation of the Zoning Act , Zoning By- law and Special Permit . 8) Lot 2 as shown on the plan fails to meet the lot width requirements of Section 174-31 of the Zoning By- law. 9) The Section 9 . 4 Zoning regulations regarding Cluster Subdivisions , which applied to the Great Hay Acres subdivision and on the basis of which a Special Permit was issued by the Planning Board allowing lots of less than the required 40 , 000 square feet , required that a minimum of 35% of the land in the subdivision be set aside as deed-restricted open space . The proposed modification of that subdivision results in the elimination of all but 3 . 75 acres of open space , of a total land area of 47.8 acres , or only 7 .8%. As a result , creation of the proposed - subdivision would constitute an additional violation of the Zoning By- law. 10) Section V (A) of the Mashpee Subdivision Rules and Regulations requires that a subdivision must be compatible with neighboring conditions in order to be approved . The plan is in conflict with the conditions attached to the Special Permit for the previous subdivision . 11 ) The Board has determined that due to the nature of the flaws in the proposed subdivision plan as they relate to the Board ' s regulations , to the Zoning By- law and to the provisions of the Special Permit for the Great Hay Acres Cluster subdivision , particularly as they relate to the use of open space , there are no modifications which can be made to the proposed plan which would cause it to be approvable if later filed as a Definitive Plan . A true copy 'Attest 13 Member, Mashpee Planning Board ti RECEIVED OCT 6, 1994 AVN CLERK MASHPEE �a 6 �a