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conservation or agricultural restriction to be held be completed before the issuance of any building by the Town of Mashpee. The developer's permit for development within said phase. No declaration of his choice of the three open space land within the allowed development area of the / agricultural land preservation methods MPD which is set aside for park,playground or described above, which may be different for similar uses,the majority of whose area consists individual such parcels, shall be included in his of natural or landscape vegetation, and is open application to the Planning Board for a Special to use by the general public shall require any set- Permit to develop an MPD,along with maps and aside of open space or agricultural land outside plans describing the open space areas, except the developed area. In addition,any land which that, where the MPD is to be developed in is covered by buildings and directly-associated phases, as provided below, said declaration, parking and other infrastructure in existence at maps and plans shall be filed with the application the time of application for an MPD Special for approval of each phase. Any water bodies or Permit, or has previously received a Special wetlands, as defined under MGL C. 131, §40, Permit for commercial or mixed-use which lie within the boundaries of the MPD shall development from the Planning Board or Zoning also be permanently set aside and deeded to one Board of Appeals under the provisions of the of the three entities identified above under the Mashpee Zoning By-law,may be incorporated terms described. Before final approval of the into the developed area of the MPD without any MPD Special Permit, or of any phase approval set-aside of open space or agricultural land within the MPD if it is to be developed in phases, outside the developed area and retaining any the developer shall also file with the Board a development rights created under said previous copy of the conservation or agricultural Special Permits. restrictions necessary to secure the permanent D. Allowed uses. Within a Mixed-use Planned legal existence of the open space or agricultural land and a copy of any proposed deed for transfer Development, for each acre of open space transferred to the Town under the provisions of in fee to the Town or to a nonprofit organization. Subsection C,50 bedrooms shall be allowed,and Approval of the MPD or phase shall require for each acre otherwise set aside as open space or approval by the Planning Board of said agricultural land under said Subsection, 25 conservation or agricultural restrictions after bedrooms shall be allowed, which bedrooms consultation with Town Counsel.As required by may be incorporated into any form of residential law, any such restrictions may also require approval by the Commonwealth of or mixed-use building,notwithstanding any other provisions of this Chapter. In addition, any use Massachusetts.Any open space required to meet allowed by Section 174-25, whether by right, the provisions of this Section shall be surveyed, properly bounded on the ground by concrete Plan Review or Special Permit,shall be allowed monuments and shown on a plan recorded at the by right upon approval by the Planning Board of the MPD Special Permit.Any use prohibited by Barnstable County Registry of Deeds or Land Section 174-25 or other provisions of this Court Registry. Said plan shall be recorded and Chapter shall be prohibited. For uses proposed said boundary monuments shall be set within six (6) months of the approval by the Planning within such MPD not specifically listed in the §174-25 Table of Use Regulations,said use may Board of the MPD Special Permit, or of phase approval for phased projects. Any transfer of the be allowed if the Planning Board determines that fee title to property to the Town or a nonprofit said use may be allowed on the basis that it is organization shall be recorded, along with the substantially similar in its construction, operation,traffic and environmental impact to a required conservation or agricultural restrictions, specific use allowed in said Table and it is within one (1) year of the approval of the MPD substantially dissimilar in those respects from Special Permit,except that, should the MPD be any uses prohibited in the district. Where the proposed for development in phases, said Board cannot make a clear determination, such transfer shall take place within one (1) year of the approval of the plan for said phase by the uses shall be considered prohibited. Planning Board.In either case,said transfer shall E. Affordable housing requirement. At least fifteen (15) percent of any dwellings or single- 77