Any proposed contiguous open space, unless
conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction
enforceable by the Town, providing that such land shall be perpetually kept in an open state, that it
shall be preserved for exclusively agricultural, horticultural, educational or recreational purposes, and
that it shall be maintained in a manner which will ensure its suitability for its intended purposes. 1. The percentage of the contiguous open space which is wetlands shall not
normally exceed the percentage of the tract which is wetlands or ledge; provided,
however, that the applicant may include a greater percentage of wetlands in such
open space upon a demonstration that such inclusion promotes the purposes set
forth in Section 1, above. In no case shall the percentage of contiguous open
space which is wetlands exceed fifty (50%) of the tract. 2. The contiguous open space shall be used for conservation, historic preservation
and education, outdoor education, recreation, park purposes, agriculture,
horticulture, forestry, or for a combination of these uses, and shall be served by
suitable access for such purposes. 8-3
3. The contiguous open space shall remain unbuilt upon, provided that the PZB may
permit up to twenty (20%) percent of such open space to be paved or built upon
for structures accessory to the dedicated use or uses of such open space,
pedestrian walks, and bikepaths. 4. Underground utilities to serve the Flexible Development site may be located
within the contiguous open space. 8.1.15 Ownership of the Contiguous Open Space. The contiguous open space shall, at the PZB’s
election, be conveyed to:
1. the Town or its Conservation Commission;
2. a nonprofit organization, the principal purpose of which is the conservation of
open space and any of the purposes for such open space set forth above;
3. a corporation or trust owned jointly or in common by the owners of lots within
the Flexible Development.