01/01/1967 ZONING BY-LAWS Minutes (2)

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tion of the by-law shall not issue unless the said Board has a prior written opinion from the Board of Health wherein the Board of Health may comment on the proposed business or industrial operation and make such recommendations as to it may seem desirable. The requirement of •a prior written opinion from the Board of Health shall be deemed to be waived, however, if the same be delayed for more than seven days beyond the date of the hearing held before the Board of Appeals. V. CLUSTER ZONING DISTRICT: (1) If 'a plan of land, containing 100 or more acres in a single parcel or continguous parcels (disregarding streets, public or private easements, and creeks or other natural bar- riers) -of which not less than 60 nacres is registered land, is submitted to the Board of Appeals upon petition under Sec- tion 9.3; if the Board finds that development of the land shown on the plan on the cluster zoning principle will fulfill the spirit and intent of this By-Law without substantial detriment to the public good; and if a portion of the regis- tered land, sufficient to constitute a dominant tenement, is !! deeded to the Town of Mashpee by a deed which states that the land thereby conveyed is benefited by restrictions im- posed thereby upon all of the land shown on such plan, which restrictions; (i) run, with respect to their burden, with all of the land shown on such plan; (ii) :are noted on !I! or in the certificate or certificates of title to the registered portions of such land; (iii) have a stated duration of not fir; less than the maximum period permitted by Section 27 of Chapter 184 of the General Laws of the Commonwealth of Massachusetts; (iv) contain the provisions for extension H described in said section; and (v) have the effect, when con- r' sidered in the aggregate, of: ( ?, (a) Permitting no more than three dwelling units ` times the number of 'acres of registered land, and (b) Permitting no more than 870. square feet of area (including in such computation the sum of the floor areas of any building but excluding cus- tomer parking areas) times the number of acres of registered land to be devoted to commercial uses, other than recreational uses. THEN, all other provisions of this Section F, including but not limited to prohibitions on use and minimum lot size and frontage requirements shall not be applicable to the !�•. registered land so long as such restrictions are enforceable, except that no part of such land may be used for industrial 9 M1