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  • (a)

    Conveyed to the Town to be placed under the care, custody and control of the Town of Sturbridge or the Town of Sturbridge Conservation Commission, and be accepted by it for open space use. Land conveyed to the Town may be opened to public use.

  • (b)

    Conveyed to a non-profit organization, the principal purpose of which is the conservation or preservation of open space, with a conservation restriction as specified in Section V.K.7.b below. Such organization shall be approved by the Planning Board as a non-profit conservation organization.

    • (c)

      Conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the development (i.e. “homeowners association”) and placed under a conservation restriction. If such a corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots or residential units. The developer is responsible for the maintenance of the open space and other facilities to be held in common until such time as the homeowners association is legally and practically capable of assuming such responsibility. Thereafter, the members of the association shall share the cost of maintaining the open space. The Planning Board shall require the applicant to provide documentation that the Homeowners Association is an automatic (mandatory) association that has been established prior to the conveyance of any lots within the subdivision.

  • (2)

    Permanent Restriction

(a)

In any case where open space is not conveyed to the Town, a

permanent conservation or agricultural preservation restriction in accordance with M.G.L. Chapter 184, §§31-33, approved by the Planning Board and Board of Selectmen and enforceable by the Town, conforming to the standards of the Massachusetts Executive Office of Environmental Affairs, Division of Conservation Services, shall be recorded to ensure that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadways except as permitted by this bylaw and approved by the Planning Board. It

is the applicant’s duty to timely secure restriction as required by G.L. c.184, §32.

approvals of Restrictions

such shall

provide

for

periodic

inspection

of

the

open

space

by

the

Town.

Such restriction shall be review prior to approval of

submitted to the Planning Board the project, and shall be recorded at

for the

Registry of Deeds/Land Court of the OSRD special permit. A

simultaneously with the recording management plan may be required

183

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