HomeMy WebLinkAboutSpec. T.M. 10/16/1989THE COMMONWEALTH OF MASSACHUSETTS
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16,
1989 Special Town Meeting. Said meeting was held at 7:30 P.M. in the
Mansfield High School Auditorium, East Street, Mansfield, Massachusetts.
A quorum was present and voting.
ARTICLE 7
To see
if the Town will vote to accept the following changes to the Town of
Mansfield Zoning By -Laws, or to take any
action in
relation thereto:
AMENDMENT TO RECODIFY THE
MANSFIELD
ZONING BYLAW
A. Renumber, move and delete sections of
the Mansfield Zoning By -Laws in ac-
cordance with the following schedule
which cross- references the old and
new
sections:
NEW
OLD
1.0
GENERAL
I•
1.1
Purpose
I.A.
1.2
Existing Uses
I.B.
1.3
Basic Protective Provisions
I.C.
1.4
Existing Laws, etc.
I.D.
1.5
Definitions
I. E.
1.5.1
Accessory Building
I.E.1.
1.5.2
Accessory Use
1.a
1.5.3
Adult Bookstore
1.b
1.5.4
Adult Motion Picture Theater
1.0
1.d
Agriculture (moved)
1.5.5
Airport Approach Zone
2.
2•a
Animal Kennel (moved)
3.
Multiple Residence(moved)
3.a
Multiple Dwelling Complex
(deleted)
4.
Boarding House (moved)
1.5.6
Building
5.
1.5.7
Building, front
6.
1.5.8
Building, height
7•
1.5.9
Building, main
8.
8.a
Day Care Center (moved)
Article 7
Page 2
1.5.17a Lot Width
1.5.18
NEW
20.
OLD
Non - conforming Use
21
9.
Dwelling, one family
22. Rowhouse (moved)
1.5.20
Sign
(moved)
1.5.10
Family
10.
1.5.22
1.5.11
Garage, Private
11.
Street Line
1.5.12
Garage, Group
11.a
27.
12.
Home Occupation (moved)
(moved)
12.a
Hospital (moved)
29.
1.5.26
13.
Hotel (moved)
1.5.13
Loading Space, off - street
14.
1.5.28
1.5.14
Lot
15.
Yard, side
1.5.15
Lot, corner
16.
34.
1.5.16
Lot, depth
17.
1.5.32
1.5.17
Lot, front
18.
Exclusive Use Area
1.5.34
19.
Motel (moved)
1.5.35
Landfill
19.a
Motor Vehicle Salvage
Person
1.5.37
(moved)
1.5.17a Lot Width
1.5.18
Non - conforming Building
20.
1.5.19
Non - conforming Use
21
22. Rowhouse (moved)
1.5.20
Sign
23.
1.5.21
Story
24•
1.5.22
Street
25.
1.5.23
Street Line
I.E.26.
1.5.24
Structure
27.
28. Service Establishments
(moved)
1.5.25
Recreational Vehicles
29.
1.5.26
Yard
30.
1.5.27
Yard, front
31.
1.5.28
Yard, rear
32.
1.5.29
Yard, side
33.
1.5.30
Floor Area Ratio
34.
1.5.31
Open Space
35.
1.5.32
Soil Association
36.
1.5.33
Exclusive Use Area
1.5.34
Hazardous Waste
1.5.35
Landfill
1.5.36
Person
1.5.37
Refuse
1.5.38
Resource Recovery Facility
2.0
DISTRICTS
II.
2.1
Classes
II.A.
2.2
Boundaries
II.B.
Article 7
Page 3
NEW
OLD
3.0
USE REGULATIONS
III.
3.1
General Provisions
3.1.1
Schedule of Principal use
Regulations
3.2
Classification of Extensive Uses
3.3
Classification of Residential Uses
3.4
Classification of Governmental,
Institutional and Public Uses
3.5
Classification of Business Uses
3.6
Classification of Industrial Uses
A.
Residence AA (deleted)
B.
Residence B (deleted)
C.
Residence B (deleted)
D.
Residence C (deleted)
E.
Agriculture (deleted)
F.
Fulton Pond (deleted)
G.
Downtown Business (deleted)
H.
General Business (deleted)
I.
Special Business (deleted)
J.
Industrial (deleted)
K.
Water Supply Protection
District (moved)
3.7
Classification of Other Uses
3.7.1
Older Building Reuse
3.8
Accessory Uses
V.B.
(moved)
3.9
Accessory Apartments
3.10
Non - Conforming Uses
V.A.
(moved)
3.11
Prohibited Uses
INTENSITY REGULATIONS
IV
4.1
Requirements
IV.A.
4.2
Schedule
IV.B.
4.2.1
Density and Dimensional Regula-
tions- Residential Districts
4.2.2
Density and Dimensional Regula-
tions- Business and Industrial
Districts
4.3
Screening and Buffers
IV.C.
4.4
Off- Street Parking and Loading
V.C.
(moved)
4.5
Corner Lots
V.D.
(moved)
4.6
Airport Approach Protection
V.E.
V.F.
Multiple Dwelling Complex
(deleted)
4.7
Signs
V.H
4.8
Waterbody Setback and
V.I.
(moved)
Wetlands Protection
4.9
Linkage Special Permit
Article
7
Page 4
Resource Recovery Facility
and Landfill
6.0
NEW
OLD
5.0
SPECIAL PROVISIONS AND PERMITS
VI•A•
5.1
Water Supply Protection
III.K.
6.3
District
VI.C.
5.2
Earth Removal
V.G.
5.3
Site Plan Approval
V.K.
5.4
Flood Insurance Provision
V.L.
5.5
Special Permits
V.M.
5.6 Cluster Residential
5.7 Residential Compound
5.8
Reservoir District
5.9
Resource Recovery Facility
and Landfill
6.0
ADMINISTRATION
Vi.
6.1
Enforcement
VI•A•
6.2
Board of Appeals
VI•B•
6.3
Amendments
VI.C.
6.4
Validity
VI.D.
6.5
Effective Date
VI.E.
(moved)
Special Permit for
Development in Business
Zones
(deleted)
AMENDMENTS RELATED TO RECODIFICATION AND DISTRICT NAME CHANGES
A. Amend Section IV.A.5 (new Section 4.1.5 Requirements, each dwelling ...)
as follows:
1. In the first sentence, remove the phrase "except as provided under
Section V.F".
B. Amend Section V.B.2 (new Section 3.8.2 Garages) as follows:
1. In Section a. (new Section 3.8.2.1) change the name "residence A,
residence B, and residence C" to firesidenee 2 and 311•
2. In Section b. (new Section 3.8.2.2) change the word "agricultural" to
the word If Residence 1U.
C. Amend Section V.C. (new Section 4.4.1 Off- Street Parking Schedule) as
follows:
1. In the column labeled "minimum number of off - street parking spaces ",
delete the word "downtown" in the second line and add the number "1"
after the word "business ".
D. Amend Section V.C.3•J (new Section 4.4.3 Business Zone exception) as
follows:
1. Change the heading to "Business 1 Zone Exception ".
Article 7
Page 5
2. In paragraph 1. and 3. delete the word "Downtown" and add the number
E. Amend Section V.H (new Section 4.7 Signs) as follows:
1. In the paragraph 1, (section 4.7.1), delete the words "Downtown Busi-
ness District" and replace with the words ItBusiness 1, 2 and 3 districts."
2. Delete Section V.H.2 and 31 referring to General Business and Special
Business Districts and business uses in the downtown and General Business
Districts requiring a special permit.
3. Amend paragraph 4, (Section 4.7.2), add an "s" to the word "District ".
F. Amend Section I.E.35 (new Section 1.5.31) as follows:
1. Delete the first sentence, and replace by "Open space: In reference
to Table 4.2.2, open space in defined to include:"
G. Amend section I.E.34 (new section 1.5.30) as follows:
After the word "buildings" in the first sentence of reeodified section
1.5.30 Floor Area Ratio, add the words "exclusive of parking structures ".
AMENDMENT TO ESTABLISH NEW DISTRICTS
Delete Section II A CLASSES and replace with the following:
2.1 CLASSES
For the purposes of this zoning bylaw, the Town of Mansfield is hereby
subdivided into the following districts:
Residence 1
Natural Resource and Scenic Residential
Residence 2
Medium Density Residential
Residence 3
Higher Density Residential
RD
Reservoir District
Business 1
Central Business
Business 2
Downtown Mixed Use
Business 3
Highway Business
Industrial 1
Industrial Park
Industrial 2
Limited Industrial
Industrial 3
Mixed Use Industrial
A Airport
WPD Water Supply
Protection Overlay
AMENDMENT TO THE PRINCIPAL USE
Add a new Section 3 Principal Use Regulations to read as follows:
3.0 PRINCIPAL USE REGULATIONS
Article 7
Page 6
3.1 General Provisions: Except as provided by the Zoning Act, in each
district no land, structure or building shall be used except for
the purposes permitted in the district as set forth in Section 3
and the Schedule of Principal Use regulations unless otherwise
specifically permitted in this bylaw. It is the intent of this
bylaw to prohibit in any district any use which is not speoifi-
eally permitted herein and those uses denoted in the Schedule of
Principal Use Regulations by the letter M".
A use listed in the Schedule of Principal Use Regulations is per-
mitted as of right in any district under which it is denoted by
the letter 11Y °. If denoted by HS1" the use may be permitted by
special permit from the Board of Appeals; if denoted by ftS ^, the
use may be permitted by special permit of the Planning Board.
Where any uses permitted as of right are followed by the letter
OYu in the column "SPA" site plan approval is required in accord-
ance with Section 5.3 and where the letter nNu appears site plan
approval is not required.
3,2 Classification of Extensive Uses
3.2.1 Agriculture: Land for primary use of agriculture, horticulture,
vitioulture and, if upon more than two acres, a commercial farm
for the raising of cattle, horses, sheep, goats, poultry or a
farmstand for the sale of farm products.
3.2.2 Greenhouse: A commercial greenhouse, salesroom or stand for the
cultivation and sale of nursery or garden products.
3.2.3 Conservation: Land and water resource management, passive recrea-
tion and preservation of wildlife.
3.2.4 Recreation: Golf course, riding stable, playground and play
fields, swimming, tennis and similar non - municipal recreation
facility.
3.2.5 Earth Removal: Removal in accordance with the provisions of the
Section 5.2.
3.2.6 Forestry: Cultivating and harvesting of forest products includ-
ing, if upon more than five acres, the sale of firewood.
3.3 Classification of Residential Uses
3.3.1 Single Family Dwelling: A detached dwelling unit designed and
used exclusively as a single housekeeping unit with common cooking
and living facilities. no more than one building for dwelling
purposes shall be located upon a lot except as provided pursuant
to Section 3.3.8.
Article 7
Page 7
3.3.2 Two - family Dwelling: A building containing two dwelling units and
designed for two families.
3.3.3 Accessory Apartments: A single family dwelling existing prior to
January 1, 1989 may be altered and used for two dwelling units
provided that it meets the requirements of Section 3.9.
3.3.4 Rooming House: A building other than a hotel containing bedrooms
for five but not more than 10 guests, which bedrooms to not have
cooking facilities and may or may not contain separate toilet
facilities.
3.3.5 Multiple Residence: A building containing three or more dwelling
units for families, which dwelling units contain kitchen and
toilet facilities.
3.3.6 Rownouse, Townhouse: A building comprising three or more attached
dwelling units separated by party walls.
3.3.7 Cluster Residential: Residential development in accordance with
Section 5.5.
3.3.8 Residential compound: Residential development in accordance with
Section 5.7.
3.3.9 Recreational Vehicle Storage: Outdoor parking or storage of not
more than one uninhabited recreational vehicle.
3.4 Classification of Governmental Institutional and Public Uses
3.4.1 Municipal Use: Use of land, buildings and structures by the Town
of Mansfield.
3.4.2 Educational: Use of land, buildings and structures for providing
learning in a general range of subjects on land owned or leased by
the Commonwealth or any of its agencies, subdivisions of bodies
politic or by a recognized religious sect or denomination, or by a
nonprofit educational entity. Such use may include athletic
facilities, dormitories, administrative offices and similar
facilities and activities whose purpose is substantially related
to furthering learning.
3.4.3 Religious: Use of land, buildings and structures for religious
purposes by a recognized religious sect or denomination which may
include religious instruction, maintenance of a convent, parish -
house and similar facilities and activities who purpose is sub-
stantially related to furthering the beliefs of such sect or
denomination.
3.4.4 Philanthropic: Charitable or nonprofit library, museum, art
gallery, theatrical entertainment center or other similar use.
Article 7
Page 8
3.4.5 Day Care Center: Use of land, buildings and structures for a
nursery school or similar facility for the day care of children or
adults and duly licensed by the Commonwealth of Massachusetts.
3.4.6 Hospital and Nursing Home: Hospital, community health center,
sanitarium, nursing, rest or convalescent home.
3.4.7 Community Life Care Center: A campus type development of multiple
facilities and buildings to provide a continuum of residential al-
ternatives for the aged, chronically ill or disabled; with the
particular goal of assisting them better to cope with their par-
ticular limitations and to lead a productive existence, through
the provision of appropriate care, rehabilitation, psychological
counseling, and educational programs. Such a development may in-
olude any combination of the following, but must include a skilled
nursing facility and either an assisted - living facility or an in-
dependent living facility as defined in subparagraphs (a), (b),
and (c):
(a) a skilled nursing facility including ancillary support and
rehabilitation services, including but not limited to: an
adult day care or respite facility to provide short -term cus-
todial care to individuals with special needs; food services;
social, psychological, and educational programs; twenty -four
hour supervision; and nursing care as appropriate, all with
the purpose of assisting the individual to continue to
develop and to overcome the limitations imposed by his or her
condition, and providing the individual's family or other
oare -giver a respite from the provision of such care;
(b) a congregate housing or assisted - living facility, providing a
sheltered living environment for the aged, chronically ill,
or disabled, including such services as housekeeping; cooking
and common dining; social, psychological, and educational
programs; assistance with personal needs; and crisis inter-
vention, all with the purpose of assisting each resident to
continue to develop and to lead a productive and fulfilling
life;
(o) independent living facilities providing private living and
dining accommodations to persons, fifty -five (55) years of
age or older, also including common areas and the provision
of social, psychological, and educational programs and crisis
intervention as needed, all with the purpose of providing an
environment in which older persons can continue to derive the
personal and psychological benefits of independent living
while also enjoying the substantial social and educational
benefits of community living;
Article 7
Page 9
(d) home health care facilities serving as a base for the provi-
sion of medical, nutritional, social, psychological and
educational services for the aged, chronically ill, or
disabled;
(e) multipurpose facilities for resident and non - resident senior
citizens, which may include social, educational, wellness,
counseling, recreational, outreach, and other activities;
(f) facilities for the provision of ancillary services to resi-
dents of the development, which may include, but are not
limited to, a beauty parlor /barber shop, convenience store,
ice cream parlor, bank, exercise center, and other such serv-
ices provided that such services shall be available only to
resident, their guests, and employees and not to members of
the general public.
3.4.8 Public Service Utility: The use of land, buildings and structures
by a public service corporation provided that in the residence
districts the use is essential to the service of the residential
area in which it is located.
3.4.9 Aviation: Airport and related facilities in accordance with an
Airport Master Plan approved by Town Meeting.
3.5 Classification of Business Uses
3.5.1 Retail Store: Store(s) for the display and sale of merchandise
within a building including but not limited to: grocery, deli,
bakery and package stores, drugstore, book, stationery and gift
shop, antique shop, florist, pet shop, television and radio sales,
hardware store, department and furniture stores; garden center
with open air sales, and all other retail stores except adult
bookstores which shall be allowed by special permit only.
3.5.2 Mall: An enclosed retail shopping facility containing store(s)
for the display and sale of merchandise within a building contain-
ing a total aggregate floor area of more than one hundred thousand
(100,000) square feet.
3.5.3 Office: Office of a business, profession, medical office, and
out - patient clinic including laboratories incidental thereto and
all other office uses.
3.5.4 Bank: Bank, loan agency or similar financial facility.
3.5.5 Restaurant: Establishment where the principal service is the sale
of food and beverage to be consumed at tables within the building
and the incidental sale of food to take out.
Article 7
Page 10
3.5.6 Fast Food Restaurant: Establishment where the principal service
is the sale of food and beverage to be consumed either at tables
within the building, in on- premise patios or in automobiles in on-
premise parking lots or consumed off premises.
3.5.7 Hotel /Motel: A building or portion thereof used for the more or
less temporary occupancy of individuals who are lodged with or
without meals and in which provisions for cooking is made
preponderantly in a central kitchen and not in the individual
rooms or suites. Said use may incorporate small shops and res-
taurants.
3.5.8 Lodge and Club: Private lodge or club operated for members or
employees.
3.5.9 Funeral Home: Undertaking or funeral establishment.
3.5.10 Veterinary Clinic and /or Hospital: Any establishment maintained
and operated by a Massachusetts licensed veterinarian for routine
care, surgery, diagnosis and treatment of diseases and injuries of
animals.
3.5.11 Kennel: Any premises wherein any person engages in the business
of boarding, buying, letting for hire, training for a fee, or
selling dogs.
3.5.12 Personal Service Shop: Barber or beauty shop, tailor or dressmak-
ing, laundry or dry - cleaning shop, self - service laundry or dry
cleaning shop, catering, copy /blueprint store, rental service
store and all other personal service shops.
3.5.13 Craft Shop and Building Trade: Shop or studio of an artist,
sculptor or craftsman, repair shop for appliances, office equip-
ment, bicycles, lawnmowers or similar equipment, printer, carpen-
ter and shop of a builder, electrician, mason, plumber or similar
occupation.
3.5.14 Commercial and Trade School: Private educational facility for
profit including training centers, business schools, centers for
dancing, martial arts and music or other similar educational
facilities for profit.
3.5.15 Amusement Facility: Indoor facilities including theater, cinema,
bowling alley and skating rink with the exception of adult motion
picture theaters which are allowed by Special Permit only.
3.5.16 Auto Service Station: Open air sale of motor vehicle fuel, re-
lated products and services provided that all maintenance and
services, other than minor service and repair, shall be conducted
entirely within a building.
Article 7
Page 11
3.5.17 Auto Repair and Body Shop: Establishment where the principal
service is the repair and painting of motor vehicles.
3.5.18 Car Wash: Establishment for washing, waxing or cleaning of
automobiles or similar light motor vehicles.
3.5.19 Vehicular Dealership: Salesrooms and related dealership
facilities for automobiles, trucks, boats, motorcycles, farm
implements, light industrial equipment or open air display(s) for
new and used vehicles.
3.5.20 Parking Facility: Commercial parking lot or parking garage.
3.5.21 Home Occupation: Home occupation shall be any use which is con-
ducted solely by the inhabitants of the building and carried on
strictly within the principal building. The occupation shall be
situated in the same dwelling used by the person as his private
residence. Any such home occupation shall not be detrimental or
objectionable to the residential character of the neighborhood,
including but not limited to the altering of the exterior ap-
pearance of said building, increasing vehicular traffic, cause the
emission of odor, gas or smoke, cause glaring or unshaded lights,
excessive dust, noise, or cause electrical disturbances, including
interference with the reception of television transmissions. An
accepted off - street parking plan shall be provided where addi-
tional vehicles will be attributed to the home occupation.
3.5.22 Motor Vehicle Salvage: Cast off, or discarded vehicles or
vehicular parts which have been collected or stored for salvaging
or conversion to some use.
3.6 Classification of Industrial Uses
3.6.1 Warehouse: Warehouse or other building for the storage or
wholesale marketing of materials, merchandises, products or equip-
ment including a rail or freight transfer depot, where the prin-
cipal use of the warehouse facility is sorting material, merchan-
dises, products or equipment for reshipment.
3.6.2 Bulk Material Storage and Sales: Contractor's yard, fuel
oil /heating service facility, lumber yard, recreational vehicle
center or similar establishment for open and enclosed, distribu-
tion or sale at wholesale and retail of material, merchandise,
products or equipment provided that all smoke, odor, particulate
matter, toxic matter, fire or explosive hazard, glare, noise and
vibration shall be effectively confined to the premises or dis-
posed of in a manner so as not to pose a present or potential
hazard to human health, safety, welfare or the environment.
Article 7
Page 12
3.6.3 Light Manufacturing: Research or testing laboratory; printing or
publishing plant; light manufacturing of building systems and
components; welding shops; fabrication and assembly of electronic
components, precision instruments, or other high technology
products; and manufacture of paper products, light metal products,
hardware and office supplies; provided that all smoke, odor, par-
ticulate matter, toxic matter, fire or explosive hazard, glare,
noise and vibration shall be effectively confined to the premises
or disposed of in a manner so as not to pose a present or poten-
tial hazard to human health, safety, welfare or the environment.
3.6.4 General Manufacturing: Bottling works; laundry or dry cleaning
plant; assembly and packaging of food and dairy products; indoor
breeding laboratory for medical or scientific research; monument
works; concrete mixing and block plants; manufacturing of textile
products; or similar general manufacturing plants and facilities;
provided that all smoke, odor, particulate matter, toxic matter,
fire or explosive hazard, glare, noise and vibration shall be
effectively confined to the premises or disposed of in a manner so
as not to pose a present or potential hazard to human health,
safety, welfare or the environment.
3.6.5 Resource Recovery Facility: See Definition in 1.5.34 and 1.5.37.
(Text continues on next page with Schedule of Principal Use.)
Article 7
Page 13
SCHEDULE OF PRINCIPAL USE REGULATIONS
RESIDENTIAL BUSINESS INDUSTRIAL
DISTRICTS DISTRICTS DISTRICTS
1 2 3 RD 1 2 3 1 2 3 A
3.2 EXTENSIVE USES
3.2.1
Agriculture
Y
Y
S
Y
Y
Y
Y
Y
Y
Y
3.2.2
Greenhouse
Y
Y
S
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
3.2.3
Conservation
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
3.2.4
Recreation
S
S
S
S
N
N
N
S
S
S
3.2.5
Earth Removal
S
S
S
S
Y
Y
Y
Y
Y
Y
3.2.6
Forestry
Y
Y
S
Y
3.3 RESIDENTIAL
3.3.1
Single Family Dwelling
Y
Y
Y
Y
S
Y
N
N
S(1)
Y
Y
N
N
3.3.2
Two - Family Dwelling
N
N
Y
N
N
Y
N
N
S(1)
N
3.3.3
Accessory Apartments
S
S
S
S
S
S
N
N
N
S
N
3.3.4
Rooming House
N
N
N
N
S
Y
N
N
N
N
S(1)
S
Y
N
3.3.5
Multiple Residence
N
N
N
S
S
Y
N
S(1)
Y
N
3.3.6
Rowhouse, Townhouse
N
N
N
S
S
Y
N
N
S
N
3.3.7
Cluster Residential
S
S
S
S
S
S
N
N
S(1)
N
3.3.8
Residential Compound
S
S
N
N
N
N
N
N
N
N
3.3.9
Recreation Vehicle
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Storage
3.4 GOVERNMENTAL, INSTITUTIONAL
AND
PUBLIC
SERVICE
USES
3.4.1
Municipal Use
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
3.4.2
Educational
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
3.4.3
Religious
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
N
3.4.4
Philanthropic
S
S
S
S
Y
Y
Y
Y
Y
Y
N
3.4.5
Day Care Center
S
S
S
S
S
S
S
S
Y
Y
Y
Y
Y
Y
N
3.4.6
Hospital, Nursing Home
3.4.7
Community Life Care
N
N
N
N
Y
N
3.4.8
Center
Public Service Utility
N
S
S
S
N
S
N
S
Y
Y
Y
Y
Y
Y
3.4.9
Aviation
N
N
N
N
N
N
N
N
N
N
(1) South of Route 106 only, at density allowed in Residence 3 district.
* Uses in accordance with Airport Master Plan approved by Town Meeting.
S Special Permit of the Planning Board.
Article
7
N
N
N
N
N
N
N
Y
S
Y
3.6.2
Page 14
N
N
N
N
N
N
Y
Y
Y
Y #
3.6.3
Light Manufacturing
N
SCHEDULE
OF PRINCIPAL USE
REGULATIONS
N
N
N
Y
Y
Y
3.6.4
RESIDENTIAL
BUSINESS
N
N
INDUSTRIAL
N
N
N
Y
DISTRICTS
DISTRICTS
DISTRICTS
Resree Recvey Facility
N
N
1
2
3
RD
1
2
3
1
2
3
A
3.5 BUSINESS
USES
3.5.1
Retail Store
N
N
N
S
Y
Y
Y
Y
S
Y
+�
3.5.2
Mall
N
N
N
S
S
S
S
S
N
N
#
3.5.3
Office
N
N
N
S
Y
Y
Y
Y
Y
Y
3.5.4
Bank
N
N
N
S
Y
Y
Y
Y
Y
Y
3.5.5
Restaurant
N
N
N
S
Y
Y
Y
Y
Y
Y
3.5.6
Fast Food Restaurant
N
N
N
N
N
N
N
S
N
N
3.5.7
Hotel /Motel
N
N
N
S
S
S
Y
Y
S
S
►+
3.5.8
Lodge and Club
S
S
S
S
Y
Y
Y
Y
Y
Y
N
3.5.9
Funeral Home
S
S
S
S
Y
Y
Y
Y
Y
Y
N
3.5.10
Vet. Clinic /Hospital
S
S
S
S
Y
Y
Y
Y
Y
Y
N
3.5.11
Kennel
S
N
N
N
N
N
N
S
S
S
3.5.12
Personal Service Shop
N
N
N
S
Y
Y
Y
Y
Y
Y
3.5.13
Craft Sh /Bldg. Trade
N
N
N
N
Y
Y
Y
Y
Y
Y
3.5.14
Com. /Trade School
N
N
N
S
Y
Y
Y
Y
Y
Y
#
3.5.15
Amusement Facility
N
N
N
S
Y
Y
N
Y
S
Y
N
3.5.16
Auto Service Station
N
N
N
N
S
S
N
S
S
S
3.5.17
Auto Repair /Body Shop
N
N
N
N
S
S
S
Y
Y
S
3.5.18
Car Wash
N
N
N
N
N
N
S
N
N
N
N
3.5.19
Vehicular Dealership
N
N
N
N
S
S
Y
Y
Y
Y
N
3.5.20
Parking Facility
N
N
N
Y
Y
Y
Y
Y
Y
Y
3.5.21
Home Occupation
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
3.5.22
Motor Vehicle Salvage
N
N
N
N
N
N
N
S
N
N
N
3.6 INDUSTRIAL USES
3.6.1
Warehouse
N
N
N
N
N
N
N
Y
S
Y
3.6.2
Bulk Mat. Storage /Sales
N
N
N
N
N
N
Y
Y
Y
Y #
3.6.3
Light Manufacturing
N
N
N
N
N
N
N
Y
Y
Y
3.6.4
General Manufacturing
N
N
N
N
N
N
N
Y
Y
S
3.6.5
Resree Recvey Facility
N
N
N
N
N
N
N
S
N
N N
3.7 OTHER
3.7.1 Older Building Reuse S S S S S S S S S S +�
3.7.2 Mixed Bus /Res. Use N N N N Y S N N N S#
�1) South of Route 106 only, at density allowed in Residence 3 district.
Uses in accordance with Airport Master Plan approved by Town Meeting.
S Special Permit of the Planning Board.
Article 7
Page 15
AMENDMENT TO SCHEDULE OF DENSITY AND DIMENSIONAL REGULATIONS
Add the following new schedules to section 4:
SCHEDULE 4.2.1: DENSITY AND DIMENSIONAL REGULATIONS
RESIDENTIAL DISTRICTS
R1 R2 Al RD
Minimum Lot Area per unit (s.f.)
Detached single family 45,000 20,000 10,000 20,000
Two - family -- -- 7,500
Cluster Development(see See. 5.6) 30,000 -- -- -°
With Public Sewer
Detached single family
Two - family
Cluster Development(see See. 5.6)
(1)Minimum Lot Frontage (ft.)
Minimum Setbacks ft.
ff ronO�
side
rear
Maximum Building Height (ft.)
Minimum Open Space ( %)
40,000
30,000
150
40
25
40
35
50
15,000
15,000
100
10,000
7,500
7,500
80
15,000
5,500
:O
30 30 30
15 15 15
30 30 30
35(3) 35 35
50 50 50
Notes:
(1) Lot width must conform to section 1.5.17a.
(2) 75 feet on lots over 30,000 sq. ft. with frontage located on a
scenic road as determined by Town Meeting.
(3) Life Care Centers, allowed by Special Permits, may be constructed
to 5 stories /60 feet in height.
Article 7
Page 16
SCHEDULE 4.2.2: DENSITY AND DIMENSIONAL REGULATIONS
BUSINESS AND INDUSTRIAL DISTRICTS
Notes:
(1) South of Route 106, as per the Residence 3 district.
(2) Business and residential uses may be combined in the same, or
separate buildings, provided that in the Business 1 and Business 2
districts retail uses shall occupy the ground floor street frontage
(see Section 3.7.2)•
(3) In the I1 and I2 districts, side and rear setbacks shall be 75 feet
when businesses abut residential. Said setbacks shall be waived
when abutting a railroad easement in the I1, I2, and I3 districts.
B1
B2
B1
I1
12
Q
Maximum FAR
2.0
1.0
0.25
0.25
0.25
0.25
By Right
2.0
1.0
0.25
0.40
--
0.25
Retail
Office
2.0
1.0
0.25
0.40
0.25
0.25
Other non - residential
2.0
1.0
0.25
0.40
0 25
11
0.25
Residential
(2)
--
0.5
°_
_-
0.25
0.25
Business /residential
2.5
1.5
--
-_
Special Permit (S.4.9)
--
__
__
0.75
Minimum Lot Size (S.F.)
-°
--
15,000
40,000
15,000
15,000
Minimum Open Space M
-°
--
--
35
35
35
Maximum Building Height
45
45
45
60
45
45
Minimum Frontage (ft)
--
50
100
200
50
50
Minimum Setbacks (ft)
__
50
50
50
50
front
(3)
-_
-_
20
20
20
20
side
(3)
--
--
20
20
20
20
rear
--
Notes:
(1) South of Route 106, as per the Residence 3 district.
(2) Business and residential uses may be combined in the same, or
separate buildings, provided that in the Business 1 and Business 2
districts retail uses shall occupy the ground floor street frontage
(see Section 3.7.2)•
(3) In the I1 and I2 districts, side and rear setbacks shall be 75 feet
when businesses abut residential. Said setbacks shall be waived
when abutting a railroad easement in the I1, I2, and I3 districts.
Article 7
Page 17
AMENDMENT FOR CLUSTER DEVELOPMENT
Add a new Section 5.6 as follows:
5.6 CLUSTER RESIDENTIAL SPECIAL PERMIT
5.6.1 Purpose
5.6.1.1 To promote the more efficient use of land in harmony with its
natural features.
5.6.1.2
To
encourage the
preservation of valuable open
space.
5.6.1.3
To
protect water
bodies and supplies, wetlands,
floodplains,
agricultural lands, wildlife and other natural resources.
5.6.1.4 To permit greater flexibility and more attractive, efficient,
economical design of residential subdivisions.
5.6.1.5 To facilitate economical and efficient provision of utilities.
5.6.1.6 To guide development consistent with the Town's Master Plan.
5.6.1.7 To meet housing needs and to promote diverse, and thereby effi-
cient, housing at a variety of costs.
5.6.2 Applicability
5.6.2.1 The Planning Board may grant a special permit for the construction
of a cluster residential development in residential districts.
5.6.2.2 The Planning Board approval of a special permit hereunder shall
substitute for compliance with the Subdivision Control Act.
5.6.3 Special Permit Considerations: In issuing a special permit, the
Board shall make the following determinations: that the plan com-
plies with the requirements of this Section; that the plan is
superior to a conventional one in preserving open space for
conservation or recreation and in utilizing the natural features
of the land; that the plan allows more efficient provision of
streets, utilities, and other public services; that it will not
have detrimental effects on the abutting neighborhoods, and that
considerations have been given to the general guidelines set forth
in the Mansfield Master Plan.
5.6.4 Minimum Tract Size. For each application for a special permit,
the applicant shall have a tract in a single or consolidated
ownership at the time of application that is no less than 5 times
the minimum lot size required in the underlying district.
Article 7
Page 18
5.6.5 Permitted Uses. The following principal uses of the lots within
the Cluster Residential Development shall be permitted: one -
family detached dwellings; church or other religious purposes;
agriculture; public park; conservation area and preserved open
spaces and membership clubs and recreation facilities for the ex-
clusive use of the residents of the development.
5.6.6 Permitted Density
5.6.6.1 In a residential cluster development, the maximum number of in-
dividual single family detached house lots permitted shall not
exceed the number of buildable lots obtained under conventional
subdivision upon which single family dwellings could be con-
structed in the residential district(s) within which the tract is
located. In Residence 1, 2 and 3 districts, a conventional sub-
division shall be designed in accordance with the following
schedule in order to determine the permitted number of cluster
lots:
District Lot Area per Unit Of.)
No Sewer Sewer
Residence 1 30,000 30,000
Residence 2 -° 15,000
Residence 3 -- 7,500
5.6.6.2 The Planning Board may grant additional density in accordance with
the following schedule if the stated number of units are assured
in perpetuity through covenant, repurchase agreement or other
means to serve critical housing needs of local residents, through
such means as being sold or leased at cost, and with income
qualifications meeting the guidelines of a state or Federal hous-
ing assistance program, such as the MHFA First Time Homebuyers
Program:
District Percent of Total Units Lot Area Per Unit(sf.)
Residence 2 5% 13,000
Residence 3 10% 5,500
5.6.7 Dimensional Regulations and Development Standards. In a cluster
residential development, the following shall apply:
5.6.7.1 All buildings shall be limited to 35 feet in height.
5.6.7.2 In all cases of cluster single family detached house lot develop-
ment, the following dimensions and standards shall apply:
Article 7
Page 19
5.6.7.2.1 Lot size: no lot shall be less than 25% of the minimum lot size
permitted in the underlying district, except that no cluster lot
shall be less than 71500 S.F. except in Residence 3 as provided
for in Section 5.6.6.2.
5.6.7.2.2 Lot frontage: A cluster lot shall have a minimum frontage of not
less than 75 feet.
5.6.7.2.3 Lot shape: A cluster lot shall be of a size and shape that shall
provide a building site which is in harmony with the natural fea-
tures of the site.
5.6.7.2.4 Building site: The building site shall be clearly designated on
each cluster lot, and shall be situated as to provide open space
for each dwelling unit.
5.6.8 Improvements: The Planning Board may require that all streets,
drainage, water systems, sewerage, utilities, grading, and other
improvements be made in accordance with the Rules and Regulations
governing the Subdivision of Land in the Town of Mansfield. In
accordance with the Rules and Regulations for the Subdivision of
Land in the Town of Mansfield, the Planning Board may also require
a performance bond for the proper installation of all improve-
ments.
5.6.9 Common Open Space: In a residential cluster development, the fol-
lowing shall apply:
5.6.9.1 All land within the cluster tract, as defined in Section 5.6.4,
which is not covered by buildings, roads, walkways or parking
areas, or which is not set aside as private yards in the cluster
lots, shall be set aside and perpetually preserved as common open
space.
5.6.9.2 The area of common open space shall equal at least 35% of the
tract in the case of single - family clusters. No more than 15% of
the common open space shall be situated within the Wetlands and
Floodplain Protection District.
5.6.9.3 The common open space shall have a shape, dimension, character and
location suitable to assure its use for park, recreation, conser-
vation or agricultural purposes by most of the residents of the
tract.
5.6.9.4 Provisions shall be made so that the common open space shall
either be conveyed to the city or town and accepted by it for park
or open space use, or be conveyed to a non - profit organization the
principal purpose of which is the conservation of open space, or
to be conveyed to a corporation or trust owned or to be owned by
the owners of lots or residential units within the plot. If such
a corporation or trust is utilized, ownership thereof shall pass
Article 7
Page 20
with conveyances of the lots or residential units. In any case
where such land is not conveyed to the city or town, a restriction
enforceable by the city or town shall be recorded providing that
such land shall be left in an open or natural state and not be
built for residential use or developed for accessory uses such as
parking or roadway. MGL 40A See. 8.
5.6.10 Additional Requirements: In a residential cluster development,
the following shall apply:
5.6.10.1 Parking of automobiles shall not be permitted in those areas
designated as open land between any building clusters or any
groups of cluster lots.
5.6.10.2 No cluster lot shown on a plan for which a permit is granted under
this section may be further subdivided, and a notation to this ef-
fect shall be shown on the plan.
5.6.10.3 Accessory recreation uses in the common open space are subject to
all applicable requirements and regulations of the Town of
Mansfield Zoning By -Law. In the event that an accessory use is
proposed after the granting of a special permit for cluster
residential development, the proposed accessory use shall require
a special permit from the Planning Board.
5.6.11 Application Procedures:
5.6.11.1 Pre - application review: It is strongly recommended that ap-
plicants submit preliminary plans for review by the Planning Board
prior to formal application for a special permit. The filing of a
preliminary plan and the Board's review thereof shall be in
accordance with the requirements of the Subdivision Rules and
Regulations of the Town of Mansfield.
5.6.11.2 Preliminary Plan Requirements: A preliminary plan shall conform
to the requirements for preliminary plans of the Subdivision Rules
and Regulations for the Town of Mansfield, and shall include the
following additional information:
5.6.11.2.1 Dimensions, and proposed use, including layout of facilities, of
the common open space;
5.6.11.2.2. The location of all proposed buildings and parking spaces;
5.6.11.3 Application: Applicants for a special permit for a Cluster
Residential Development shall submit to the Board the following:
5.6.11.3.1 An original and eleven (11) copies of a development plan;
5.6.11.3.2 Eight (8) copies of an application, a deed description, a common
open space instrument, and a development schedule.
Article 7
Page 21
5.6.11.3.3 A filing fee as required for a Definitive Plan under the Mansfield
Subdivision Rules and Regulations.
5.6.11.4 Development Plan Requirements: The development plan shall meet
the requirements for a Definitive Plan under the Mansfield Sub-
division Rules and Regulations, and shall contain the following
additional inforpation:
5.6.11.4.1 A utilities and drainage plan prepared by a registered profes-
sional engineer;
5.6.11.4.2 A plan of the common open space, including a depiction of the
materials to be used and the quantity, size and species of
plantings;
5.6.11.4.3 A plan of the common open space including its dimensions and
proposed facilities;
5.6.11.4.4 Other materials as the Board may require regarding: measures
proposed to prevent pollution of surface water or groundwater,
soil erosion, increased run -off, and flooding; design features in-
tended to integrate the proposed new development into the existing
landscape, to enhance aesthetic assets, and to screen objec-
tionable features from neighbors; projected traffic flow patterns
into and upon the site for both vehicles and pedestrians and an
estimate of the projected number of motor vehicle trips to and
from the site for an average day and for peak hours.
5.6.11.5 Deed Description: A deed or other recorded instrument shall be
filed showing the applicant to be the owner of the land to be
designated as a Cluster Residential Development and that the land
is in single or consolidated ownership at the time of final plan
application.
5.6.11.6 Common Open Space Instrument: In order to ensure that the cor-
poration, non- profit organization or trust will properly maintain
the common open space, an instrument(s) shall be recorded at the
Bristol North District Registry of Deeds which shall, at a mini-
mum, provide:
5.6.11.6.1 A legal description of the common open space;
5.6.11.6.2 A statement of the purpose for which the common open space is in-
tended to be used and the restrictions on its use and alienation.
5.6.11.6.3 The type and name of the corporation, non - profit organization, or
trust which will own, manage and maintain the common open space.
5.6.11.6.4 The ownership or beneficial interest in the corporation, non-
profit organization or trust of each owner of a dwelling in the
Article 7
Page 22
cluster development and a provision that such ownership or benefi-
cial interest shall be appurtenant to the dwelling to which it re-
lates and may not be conveyed or encumbered separately therefrom.
5.6.11.6.5 Provisions for the number, term of office, and the manner of elec-
tion to office, removal from office and the filling of vacancies
in the office of directors and /or officers of the corporation or
non - profit organization or trustees of the trust.
5.6.11.6.6 Procedures for the conduct of the affairs and business of the cor-
poration, non - profit organization or trust including provision for
the calling and holding of meetings of members and directors
and /or officers of the corporation or non - profit organization or
beneficiaries and trustees of the trust and provision for quorum
and voting requirements for action to be taken. Each owner of a
dwelling shall have voting rights proportional to his ownership or
beneficial interest in the corporation, non - profit organization or
trust.
5.6.11.6.7 Provision for the management, maintenance, operation, improvement
and repair of the common open space and facilities thereon, in-
cluding provisions for obtaining and maintaining adequate in-
surance and levying and collecting from the dwelling owners common
charges to pay for expenses associated with the common open space,
including real estate taxes. It shall be provided that common
charges are to be allocated among the dwelling owners in propor-
tion to their ownership or beneficial interests in the corpora-
tion, non - profit organization or trust, that each owner's share of
the common charge shall be a lien against his real estate in the
RD, which shall have priority over all other liens with the excep-
tion of municipal liens and first mortgages of record.
5.6.11.6.8 The method by which such instrument or instruments may be amended.
5.6.11.7 Development Schedule: A schedule shall be filed showing the es-
timated amount of time that will be required for completion of the
development, the rate at which development will take place and the
sequence of development.
5.6.11.8 Review of Other Boards and Agencies: Upon receipt of the applica-
tion, the Board shall, within ten (10) days, transmit one copy to
pertinent Town professionals, boards and agencies, namely to the
Board of Health, Conservation Agent, Town Engineer and Fire
Department. These Boards and Agencies shall review said plans and
provide recommendations to the Planning Board within 35 days.
AMENDMENT TO CREATE A RESIDENTIAL COMPOUND
A. Add a new Section 5.7 to read as follows:
5.7 Residential Compound
Article 7
Page 23
5.7.1 Purpose - To provide limited residential development on tracts of
land which promotes efficient use of the land in harmony with its
natural resources, minimizes Town maintenance responsibility and
cost, and preserves the existing character of the Town.
5.7.2 Standards - A group of not more than six (6) and not less than two
(2) single family dwellings sharing common frontage and a private
access road may be permitted by Special Permit by the Planning
Board in the R1 District subject to the following:
5.7.2.1 A residential compound may be permitted on a single tract of land
in one ownership having a minimum frontage of fifty (50) feet and
a lot area totaling no less than 60,000 S.F. per proposed lot.
(Total area divided by 60,000 S.F. equals number of lots.)
5.7.2.2 Dimensional Requirements - No structure shall be closer than forty
(40) feet from any other structure or way and forty (40) feet from
any tract boundary line. No exclusive use area (an area located
adjacent to a dwelling unit and reserved for its exclusive use)
shall be less than 25,000 S.F. exclusive of wetlands.
5.7.2.3 Access - Each exclusive use area in the Residential Compound shall
have adequate and legally enforceable rights of access to a way
via a private street or driveway.
5.7.2.4 Open Space - Any land within the Residential Compound, not desig-
nated as an exclusive use area, private road or driveway shall be
designated as permanent open space. Such land shall be a minimum
of 35% of the total area and shall contain no more than 15% wet-
lands. Such land shall have a shape, dimension, character and
location suitable for conservation, outdoor recreational
facilities of a non - commercial nature, agricultural, preservation
of scenic or historic structures, and structures accessory to any
of the above uses (including swimming pools, tennis courts,
stables, greenhouses). Provisions shall be made for the open
space to be owned:
5.7.2.4.1 In common by owners of all dwelling units in the Residential
Compound; or
5.7.2.4.2 By a trust or association of the owners of all dwelling units in
the Residential Compound; or
5.7.2.4.3 By the Town; or
5.7.2.4.4 By the Mansfield Conservation Commission; or
5.7.2.4.5 Otherwise as may be authorized by the Planning Board.
In all cases a perpetual restriction running to or enforceable by
the Town shall be recorded in respect to such open land. Such
restriction shall provide that the Open Space shall be retained
Article 7
Page 24
in perpetuity for one or more of the following uses: conserva-
tion, agriculture, recreation, or park. Such restriction shall be
in a form or substance approved by the Planning Board.
5.7.3 Limitation on Subdivision - No Residential Compound for which a
special permit has been issued under this Section may be sub-
divided or further developed and a notation to this effect shall
be shown on the plan.
5.7.4 Other Restrictions - The approved plan of the Residential Compound
shall contain statements indicated by the following: that the
land lies within an approved Residential Compound; that develop-
ment of the land is permitted only in accordance with the land
uses indicated thereon; that the Town will not be requested to ac-
cept or maintain the private access, drainage, open space or any
other improvements within the Compound. Further, all deed
restrictions with respect to ownership, use and maintenance or
permanent open space shall be referenced on, and recorded with,
the plan.
5.7.5 Procedure for Approval - The applicant shall follow requirements
set forth in Section 5.5 (Special Permit).
5.7.6 If a special permit is granted, the Planning Board shall impose as
a condition of approval that copies of all recorded instruments be
filed with the Planning Board prior to the issuance of any build-
ing permit.
AMENDMENT TO ESTABLISH A RESERVOIR DISTRICT
Add a new section to read as follows:
5.8 RESERVOIR DISTRICT (RD)
5.8.1 Purpose: This district is designed to provide maximum protection
for the integrity and environment of the Norton Reservoir, while
allowing, by special permit, for an intensity of residential and
non - residential uses commensurate with the location of this dis-
trict.
5.8.2 Applicability: In accordance with Section 3, the Planning Board
may grant a special permit for certain uses in the Reservoir Dis-
trict conforming to the following schedule.
5.8.3 Uses
Residential (Sec. 3.3)
Business (See. 3.5)
Industrial (Sec. 3.6)
Density and Dimensional Requirements
Same as R3 on schedule 4.2.1
Same as I1 on schedule 4.2.2
Same as I1 on schedule 4.2.2
5.8.4 No special permit shall be approved by the Planning Board under
this section unless the following have been met:
Article 7
Page 25
5.8.4.1 The procedure and requirements set forth in Section 5.5 Special
Permits.
5.8.4.2 The prohibition and requirements of the Water Supply Protection
District in Section 5.1.2.1 and 5.1.2.4.
5.8.4.3 There shall be no increase in water run -off into the Norton Reser-
voir.
5.8.5 The Planning Board may also grant a special permit for additional
non - residential floor area above that allowed in Section 5.9.3
provided that the requirements of Section 4.9 are met.
ARTICLE 7 - Vote
Move the Town accept the following changes to the Town of Mansfield Zoning By-
Laws and Zoning Map.
AHENDMENT TO RECODIFY THE MANSFIELD ZONING BYLAW
A. Renumber, move and delete sections of
the Mansfield Zoning By -Laws in ac-
cordance with the following schedule which cross - references the old and
new
sections:
NEW
OLD
1.0
GENERAL
I.
1.1
Purpose
I.A.
1.2
Existing Uses
I.B.
1.3
Basic Protective Provisions
I.C.
1.4
Existing Laws, etc.
I.D.
1.5
Definitions
I.E.
1.5.1
Accessory Building
I.E.1.
1.5.2
Accessory Use
1.a
1.5.3
Adult Bookstore
1.b
1.5.4
Adult Motion Picture Theater
1.0
1.d
Agriculture (moved)
1.5.5
Airport Approach Zone
2.
2.a
Animal Kennel (moved)
3.
Multiple Residence(moved)
3.a
Multiple Dwelling Complex
(deleted)
4.
Boarding House (moved)
1.5.6
Building
5.
1.5.7
Building, front
6.
1.5.8
Building, height
7.
1.5.9
Building, main
8.
8.a
Day Care Center (moved)
9.
Dwelling, one family
(moved)
1.5.10
Family
10.
1.5.11
Garage, Private
11.
Article 7
Page 26
1.5.17a
NEW
OLD
1.5.18
1.5.12
Garage, Group
11.a
Non - conforming Use
21
12.
Home Occupation (moved)
1.5.20
Sign
12.a
Hospital (moved)
Story
24.
13.
Hotel (moved)
1.5.13
Loading Space, off - street
14.
I.E.26.
1.5.14
Lot
15•
1.5.15
Lot, corner
16.
1.5.16
Lot, depth
17.
29.
1.5.17
Lot, front
18.
1.5.27
Yard, front
31.
19.
Motel (moved)
32.
1.5.29
19.a
Motor Vehicle Salvage
1.5.30
Floor Area Ratio
34.
(moved)
1.5.17a
Lot Width
1.5.18
Non - conforming Building
20.
1.5.19
Non - conforming Use
21
22. Rowhouse (moved)
1.5.20
Sign
23•
1.5.21
Story
24.
1.5.22
Street
25.
1.5.23
Street Line
I.E.26.
1.5.24
Structure
27.
28. Service Establishments
(moved)
1.5.25
Recreational Vehicles
29.
1.5.26
Yard
30•
1.5.27
Yard, front
31.
1.5.28
Yard, rear
32.
1.5.29
Yard, side
33.
1.5.30
Floor Area Ratio
34.
1.5.31
Open Space
35.
1.5.32
Soil Association
36•
1.5.33
Exclusive Use Area
1.5.34
Hazardous Waste
1.5.35
Landfill
1.5.36
Person
1.5.37
Refuse
1.5.38
Resource Recovery Facility
2.0
DISTRICTS
II.
2.1
Classes
II.A.
2.2
Boundaries
II.B.
3.0
USE REGULATIONS
III•
3.1
General Provisions
3.1.1
Schedule of Principal use
Regulations
Article 7
Page 27
3.7 Classification of Other Uses
3.7.1 Older Building Reuse
3.8 Accessory Uses V.B. (moved)
3.9 Accessory Apartments
3.10 Non - Conforming Uses V.A. (moved)
3.11 Prohibited Uses
INTENSITY REGULATIONS
NEW
4.1
OLD
3.2
Classification
of
Extensive Uses
IV.B.
3.3
Classification
of
Residential Uses
tions- Residential Districts
3.4
Classification
of
Governmental,
Institutional and
Public Uses
3.5
Classification
of
Business Uses
Screening and Buffers
IV.C.
3.6
Classification
of
Industrial Uses
(moved)
4.5
Corner Lots
V.D.
(moved)
4.6
A.
Residence AA (deleted)
V.F.
B.
Residence B (deleted)
(deleted)
4.7
C.
Residence B (deleted)
4.8
Waterbody Setback and
V.I.
D.
Residence C (deleted)
Wetlands Protection
4.9
E.
Agriculture (deleted)
5.0
SPECIAL PROVISIONS AND PERMITS
F.
Fulton Pond (deleted)
Water Supply Protection
III .K.
(moved)
G.
Downtown Business (deleted)
5.2
Earth Removal
V.G.
H.
General Business (deleted)
Site Plan Approval
V.K.
I.
Special Business (deleted)
J.
Industrial (deleted)
K.
Water Supply Protection
District (moved)
3.7 Classification of Other Uses
3.7.1 Older Building Reuse
3.8 Accessory Uses V.B. (moved)
3.9 Accessory Apartments
3.10 Non - Conforming Uses V.A. (moved)
3.11 Prohibited Uses
INTENSITY REGULATIONS
IV
4.1
Requirements
IV.A.
4.2
Schedule
IV.B.
4.2.1
Density and Dimensional Regula-
tions- Residential Districts
4.2.2
Density and Dimensional Regula-
tions- Business and Industrial
Districts
4.3
Screening and Buffers
IV.C.
4.4
Off- Street Parking and Loading
V.C.
(moved)
4.5
Corner Lots
V.D.
(moved)
4.6
Airport Approach Protection
V.E.
V.F.
Multiple Dwelling Complex
(deleted)
4.7
Signs
V.H.
4.8
Waterbody Setback and
V.I.
(moved)
Wetlands Protection
4.9
Linkage Special Permit
5.0
SPECIAL PROVISIONS AND PERMITS
5.1
Water Supply Protection
III .K.
(moved)
District
5.2
Earth Removal
V.G.
5.3
Site Plan Approval
V.K.
Article 7
Page 28
NEW OLD
5.4 Flood Insurance Provision V.L.
5.5 Special Permits V.M. Special Permit for
Development in Business
Zones
(deleted)
5.6 Cluster Residential
5.7 Residential Compound
5.8 Reservoir District
5.9 Resource Recovery Facility and Landfill
6.0
ADMINISTRATION
VI.
6.1
Enforcement
VI.A.
6.2
Board of Appeals
VI.B.
6.3
Amendments
VI.C.
6.4
Validity
VI.D.
6.5
Effective Date
VI.E.
AMENDMENTS RELATED TO RECODIFICATION AND DISTRICT NAME CHANGES
A. Amend Section IV.A.5 (new Section 4.1.5 Requirements, each dwelling ...)
as follows:
1. In the first sentence, remove the phrase "except as provided under
Section V.F".
B. Amend Section V.B.2 (new Section 3.8.2 Garages) as follows:
1. In Section a. (new Section 3.8.2.1) change the name "residence A,
residence B, and residence C" to "residence 2 and 311.
2. In Section b. (new Section 3.8.2.2) change the word "agricultural" to
the word "Residence 111.
C. Amend Section Y.C. (new Section 4.4.1 Off- Street Parking Schedule) as
follows:
1. In the column labeled "minimum number of off - street parking spaces ",
delete the word "downtown" in the second line and add the number 111"
after the word "business ".
D. Amend Section V.C.3.J (new Section 4.4.3 Business Zone exception) as
follows:
1. Change the heading to "Business 1 Zone Exception ".
2. In paragraph 1. and 3. delete the word "Downtown" and add the number
E. Amend Section V.H (new Section 4.7 Signs) as follows:
Article 7
Page 29
1. In the paragraph 1, (section 4.7.1), delete the words 'Downtown Busi-
ness District" and replace with the words "Business 1, 2 and 3 districts."
2. Delete Section V.H.2 and 3, referring to General Business and Special
Business Districts and business uses in the downtown and General Business
Districts requiring a special permit.
3. Amend paragraph 4, (Section 4.7.2), add an "sit to the word °Distrietfl.
F. Amend Section I.E.35 (new Section 1.5.31) as follows:
1. Delete the first sentence, and replace by "Open space: In reference
to Table 4.2.2, open space in defined to include:°
G. Amend section I.E.34 (new section 1.5.30) as follows:
After the word "buildingst' in the first sentence of reeodified section
1.5.30 Floor Area Ratio, add the words "exclusive of parking structures".
AMENDMENT TO ESTABLISH NEW DISTRICTS
Delete Section II A CLASSES and replace with the following:
2.1 CLASSES
For the purposes of this zoning bylaw, the Town of Mansfield is hereby
subdivided into the following districts:
Residence 1
Natural Resource and Scenic Residential
Residence 2
Medium Density Residential
Residence 3
Higher Density Residential
RD
Reservoir District
Business 1
Central Business
Business 2
Downtown Mixed Use
Business 3
Highway Business
Industrial 1
Industrial Park
Industrial 2
Limited Industrial
Industrial 3
Mixed Use Industrial
A Airport
WPD Water Supply
Protection Overlay
AMENDMENT TO THE PRINCIPAL USE REGULATIONS
Add a new Section 3 Principal Use Regulations to read as follows:
3.0 PRINCIPAL USE REGULATIONS
3.1 General Provisions: Except as provided by the Zoning Act, in each
district no land, structure or building shall be used except for
the purposes permitted in the district as set forth in Section 3
and the Schedule of Principal Use regulations unless otherwise
Article 7
Page 30
specifically permitted in this bylaw. It is the intent of this
bylaw to prohibit in any district any use which is not specifi-
cally permitted herein and those uses denoted in the Schedule of
Principal Use Regulations by the letter "N".
A use listed in the Schedule of Principal Use Regulations is per-
mitted as of right in any district under which it is denoted by
the letter "Y ". If denoted by "S1" the use may be permitted by
special permit from the Board of Appeals; if denoted by "S", the
use may be permitted by special permit of the Planning Board.
Where any uses permitted as of right are followed by the letter
"Y" in the column "SPA" site plan approval is required in accord-
ance with Section 5.3 and where the letter "N" appears site plan
approval is not required.
3.2 Classification of Extensive Uses
3.2.1 Agriculture: Land for primary use of agriculture, horticulture,
vitioulture and, if upon more than two acres, a commercial farm
for the raising of cattle, horses, sheep, goats, poultry or a
farmstand for the sale of farm products.
3.2.2 Greenhouse: A commercial greenhouse, salesroom or stand for the
cultivation and sale of nursery or garden products.
3.2.3 Conservation: Land and water resource management, passive recrea-
tion and preservation of wildlife.
3.2.4 Recreation: Golf course, riding stable, playground and play
fields, swimming, tennis and similar non - municipal recreation
facility.
3.2.5 Earth Removal: Removal in accordance with the provisions of the
Section 5.2.
3.2.6 Forestry: Cultivating and harvesting of forest products inolud-
ing, if upon more than five acres, the sale of firewood.
3.3 Classification of Residential Uses
3.3.1 Single Family Dwelling: A detached dwelling unit designed and
used exclusively as a single housekeeping unit with common cooking
and living facilities. no more than one building for dwelling
purposes shall be located upon a lot except as provided pursuant
to Section 3.3.8.
3.3.2 Two - family Dwelling: A building containing two dwelling units and
designed for two families.
3.3.3 Accessory Apartments: A single family dwelling existing prior to
January 1, 1989 may be altered and used for two dwelling units
Article 7
Page 31
provided that it meets the requirements of Section 3.9.
3.3.4 Rooming House: A building other than a hotel containing bedrooms
for five but not more than 10 guests, which bedrooms to not have
cooking facilities and may or may not contain separate toilet
facilities.
3.3.5 Multiple Residence: A building containing three or more dwelling
units for families, which dwelling units contain kitchen and
toilet facilities.
3.3.6 Rowhouse, Townhouse: A building comprising three or more attached
dwelling units separated by party walls.
3.3.7 Cluster Residential: Residential development in accordance with
Section 5.5.
3.3.8 Residential compound: Residential development in accordance with
Section 5.7.
3.3.9 Recreational Vehicle Storage: Outdoor parking or storage of not
more than one uninhabited recreational vehicle.
3.4 Classification of Governmental. Institutional and Public Uses
3.4.1 Municipal Use: Use of land, buildings and structures by the Town
of Mansfield.
3.4.2 Educational: Use of land, buildings and structures for providing
learning in a general range of subjects on land owned or leased by
the Commonwealth or any of its agencies, subdivisions of bodies
politic or by a recognized religious sect or denomination, or by a
nonprofit educational entity. Such use may include athletic
facilities, dormitories, administrative offices and similar
facilities and activities whose purpose is substantially related
to furthering learning.
3.4.3 Religious: Use of land, buildings and structures for religious
purposes by a recognized religious sect or denomination which may
include religious instruction, maintenance of a convent, parish -
house and similar facilities and activities who purpose is sub-
stantially related to furthering the beliefs of such sect or
denomination.
3.4.4 Philanthropic: Charitable or nonprofit library, museum, art
gallery, theatrical entertainment center or other similar use.
3.4.5 Day Care Center: Use of land, buildings and structures for a
nursery school or similar facility for the day care of children or
adults and duly licensed by the Commonwealth of Massachusetts.
Article 7
Page 32
3.4.6 Hospital and Nursing Home: Hospital, community health center,
sanitarium, nursing, rest or convalescent home.
3.4.7 Community Life Care Center: A campus type development of multiple
facilities and buildings to provide a continuum of residential al-
ternatives for the aged, chronically ill or disabled; with the
particular goal of assisting them better to cope with their par-
ticular limitations and to lead a productive existence, through
the provision of appropriate care, rehabilitation, psychological
counseling, and educational programs. Such a development may in-
clude any combination of the following, but must include a skilled
nursing facility and either an assisted- living facility or an in-
dependent living facility as defined in subparagraphs (a), (b),
and (c):
(a) a skilled nursing facility including ancillary support and
rehabilitation services, including but not limited to: an
adult day care or respite facility to provide short -term cus-
todial care to individuals with special needs; food services;
social, psychological, and educational programs; twenty -four
hour supervision; and nursing care as appropriate, all with
the purpose of assisting the individual to continue to
develop and to overcome the limitations imposed by his or her
condition, and providing the individual's family or other
care -giver a respite from the provision of such care;
(b) a congregate housing or assisted - living facility, providing a
sheltered living environment for the aged, chronically ill,
or disabled, including such services as housekeeping; cooking
and common dining; social, psyehologioal, and educational
programs; assistance with personal needs; and crisis inter-
vention, all with the purpose of assisting each resident to
continue to develop and to lead a productive and fulfilling
life;
(c) independent living facilities providing private living and
dining accommodations to persons, fifty -five (55) years of
age or older, also including common areas and the provision
of social, psychological, and educational programs and crisis
intervention as needed, all with the purpose of providing an
environment in which older persons can continue to derive the
personal and psychological benefits of independent living
while also enjoying the substantial social and educational
benefits of community living;
(d) home health care facilities serving as a base for the provi-
sion of medical, nutritional, social, psychological and
educational services for the aged, chronically ill, or
disabled;
Article %
Page 33
(e) multipurpose facilities for resident and non - resident senior
citizens, which may include social, educational, wellness,
counseling, recreational, outreach, and other activities;
(f) facilities for the provision of ancillary services to resi-
dents of the development, which may include, but are not
limited to, a beauty parlor /barber shop, convenience store,
ice cream parlor, bank, exercise center, and other such serv-
ices provided that such services shall be available only to
resident, their guests, and employees and not to members of
the general public.
3.4.8 Public Service Utility: The use of land, buildings and structures
by a public service corporation provided that in the residence
districts the use is essential to the service of the residential
area in which it is located.
3.4.9 Aviation: Airport and related facilities in accordance with an
Airport Master Plan approved by Town Meeting.
3.5 Classification of Business Uses
3.5.1 Retail Store: Store(s) for the display and sale of merchandise
within a building including but not limited to: grocery, deli,
bakery and package stores, drugstore, book, stationery and gift
shop, antique shop, florist, pet shop, television and radio sales,
hardware store, department and furniture stores; garden center
with open air sales, and all other retail stores except adult
bookstores which shall be allowed by special permit only.
3.5.2 Mall: An enclosed retail shopping facility containing store(s)
for the display and sale of merchandise within a building contain-
ing a total aggregate floor area of more than one hundred thousand
(100,000) square feet.
3.5.3 Office: Office of a business, profession, medical office, and
out - patient clinic including laboratories incidental thereto and
all other office uses.
3.5.4 Bank: Bank, loan agency or similar financial facility.
3.5.5 Restaurant: Establishment where the principal service is the sale
of food and beverage to be consumed at tables within the building
and the incidental sale of food to take out.
3.5.6 Fast Food Restaurant: Establishment where the principal service
is the sale of food and beverage to be consumed either at tables
within the building, in on- premise patios or in automobiles in on-
premise parking lots or consumed off premises.
Article 7
Page 34
3.5.7 Hotel /Motel: A building or portion thereof used for the more or
less temporary occupancy of individuals who are lodged with or
without meals and in which provisions for cooking is made
preponderantly in a central kitchen and not in the individual
rooms or suites. Said use may incorporate small shops and res-
taurants.
3.5.8 Lodge and Club: Private lodge or club operated for members or
employees.
3.5.9 Funeral Home: Undertaking or funeral establishment.
3.5.10 veterinary Clinic and /or Hospital: Any establishment maintained
and operated by a Massachusetts licensed veterinarian for routine
care, surgery, diagnosis and treatment of diseases and injuries of
animals.
3.5.11 Kennel: Any premises wherein any person engages in the business
of boarding, buying, letting for hire, training for a fee, or
selling dogs.
3.5.12 Personal Service Shop: Barber or beauty shop, tailor or dressmak-
ing, laundry or dry - cleaning shop, self- service laundry or dry
cleaning shop, catering, dopy /blueprint store, rental service
store and all other personal service shops.
3.5.13 Craft Shop and Building Trade: Shop or studio of an artist,
sculptor or craftsman, repair shop for appliances, office equip-
ment, bicycles, lawnmowers or similar equipment, printer, carpen-
ter and shop of a builder, electrician, mason, plumber or similar
occupation.
3.5.14 Commercial and Trade School: Private educational facility for
profit including training centers, business schools, centers for
dancing, martial arts and music or other similar educational
facilities for profit.
3.5.15 Amusement Facility: Indoor facilities including theater, cinema,
bowling alley and skating rink with the exception of adult motion
picture theaters which are allowed by Special Permit only.
3.5.16 Auto Service Station: Open air sale of motor vehicle fuel, re-
lated products and services provided that all maintenance and
services, other than minor service and repair, shall be conducted
entirely within a building.
3.5.17 Auto Repair and Body Shop: Establishment where the principal
service is the repair and painting of motor vehicles.
3.5.18 Car Wash: Establishment for washing, waxing or cleaning of
automobiles or similar light motor vehicles.
Article 7
Page 35
3.5.19 Vehicular Dealership: Salesrooms and related dealership
facilities for automobiles, trucks, boats, motorcycles, farm
implements, light industrial equipment or open air display(s) for
new and used vehicles.
3.5.20 Parking Facility: Commercial parking lot or parking garage.
3.5.21 Home Occupation: Home occupation shall be any use which is con-
ducted solely by the inhabitants of the building and carried on
strictly within the principal building. The occupation shall be
situated in the same dwelling used by the person as his private
residence. Any such home occupation shall not be detrimental or
objectionable to the residential character of the neighborhood,
including but not limited to the altering of the exterior ap-
pearance of said building, increasing vehicular traffic, cause the
emission of odor, gas or smoke, cause glaring or unshaded lights,
excessive dust, noise, or cause electrical disturbances, including
interference with the reception of television transmissions. An
accepted off - street parking plan shall be provided where addi-
tional vehicles will be attributed to the home occupation.
3.5.22 Motor Vehicle Salvage: Cast off, or discarded vehicles or
vehicular parts which have been collected or stored for salvaging
or conversion to some use.
3.6 Classification of Industrial Uses
3.6.1 Warehouse: Warehouse or other building for the storage or
wholesale marketing of materials, merchandises, products or equip-
ment including a rail or freight transfer depot, where the prin-
cipal use of the warehouse facility is sorting material, merchan-
dises, products or equipment for reshipment.
3.6.2 Bulk Material Storage and Sales: Contractor's yard, fuel
oil /heating service facility, lumber yard, recreational vehicle
center or similar establishment for open and enclosed, distribu-
tion or sale at wholesale and retail of material, merchandise,
products or equipment provided that all smoke, odor, particulate
matter, toxic matter, fire or explosive hazard, glare, noise and
vibration shall be effectively confined to the premises or dis-
posed of in a manner so as not to pose a present or potential
hazard to human health, safety, welfare or the environment.
3.6.3 Light Manufacturing: Research or testing laboratory; printing or
publishing plant; light manufacturing of building systems and
components; welding shops; fabrication and assembly of electronic
components, precision instruments, or other high technology
products; and manufacture of paper products, light metal products,
hardware and office supplies; provided that all smoke, odor, par-
ticulate matter, toxic matter, fire or explosive hazard, glare,
noise and vibration shall be effectively confined to the premises
Article 7
Page 36
or disposed of in a manner so as not to pose a present or poten-
tial hazard to human health, safety, welfare or the environment.
3.6.4 General Manufacturing: Bottling works; laundry or dry cleaning
plant; assembly and packaging of food and dairy products; indoor
breeding laboratory for medical or scientific research; monument
works; concrete mixing and block plants; manufacturing of textile
products; or similar general manufacturing plants and facilities;
provided that all smoke, odor, particulate matter, toxic matter,
fire or explosive hazard, glare, noise and vibration shall be
effectively confined to the premises or disposed of in a manner so
as not to pose a present or potential hazard to human health,
safety, welfare or the environment.
3.6.5 Resource Recovery Facility: See Definition in 1.5.34 and 1.5.37.
(Text continues on next page with Schedule of Principal Use.)
Article 7
Page 37
SCHEDULE OF PRINCIPAL USE
RESIDENTIAL BUSINESS INDUSTRIAL
DISTRICTS DISTRICTS DISTRICTS
1 2 3 RD 1 2 3 1 2 3 A
3.2 EXTENSIVE USES
3.2.1
Agriculture
Y
Y
S
Y
Y
Y
Y
Y
Y
Y
3.2.2
Greenhouse
Y
Y
S
Y
Y
Y
Y
Y
Y
Y +�
3.2.3
Conservation
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
3.2.4
Recreation
S
S
S
S
Y
Y
Y
Y
Y
Y #
3.2.5
Earth Removal
S
S
S
S
N
N
N
S
S
S +�
3.2.6
Forestry
Y
Y
S
Y
Y
Y
Y
Y
Y
Y
3.3 RESIDENTIAL
3.3.1
Single Family Dwelling
Y
Y
Y
Y
S
Y
N
N
S(1)
Y
N
3.3.2
Two - Family Dwelling
N
N
Y
N
N
Y
N
N
S(1)
Y
N
3.3.3
Accessory Apartments
S
S
S
S
S
S
N
N
N
S
N
3.3.4
Rooming House
N
N
N
N
S
Y
N
N
N
S
N
3.3.5
Multiple Residence
N
N
N
S
S
Y
N
N
S(1)
Y
N
3.3.6
Rowhouse, Townhouse
N
N
N
S
S
Y
N
N
S(1)
Y
N
3.3.7
Cluster Residential
S
S
S
S
S
S
N
N
S(1)
S
N
3.3.8
Residential Compound
S
S
N
N
N
N
N
N
N
N
N
3.3.9
Recreation Vehicle
Storage
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
3.4 GOVERNMENTAL, INSTITUTIONAL AND
PUBLIC SERVICE
USES
3.4.1
Municipal Use
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
3.4.2
Educational
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
#
3.4.3
Religious
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
3.4.4
Philanthropic
S
S
S
S
Y
Y
Y
Y
Y
Y
N
3.4.5
Day Care Center
S
S
S
S
Y
Y
Y
Y
Y
Y
N
3.4.6
Hospital, Nursing Home
S
'S
S
S
Y
Y
Y
Y
Y
Y
N
3.4.7
Community Life Care
Center
N
S
N
N
N
N
N
N
Y
N
#
3.4.8
Public Service Utility
S
S
S
S
Y
Y
Y
Y
Y
Y
3.4.9
Aviation
N
N
N
N
N
N
N
N
N
N
(1) South of Route 106 only,
at density
allowed
in
Residence
3 district.
Uses in accordance with Airport
Master Plan
approved
by
Town Meeting.
S Special Permit of the Planning
Board.
Article 7
Page 38
SCHEDULE OF PRINCIPAL USE REGULATIONS
RESIDENTIAL BUSINESS INDUSTRIAL
DISTRICTS DISTRICTS DISTRICTS
1 2 3 RD 1 2 3 1 2 3 A
.5.5 BUSINESS USES
3.5.1
Retail Store
N
N
N
S
Y
Y
Y
Y
S
Y
3.6.2
3.5.2
Mall
N
N
N
S
S
S
S
S
N
N
#
3.5.3
Office
N
N
N
S
Y
Y
Y
Y
Y
Y
N
3.5.4
Bank
N
N
N
S
Y
Y
Y
Y
Y
Y
#
3.5.5
Restaurant
N
N
N
S
Y
Y
Y
Y
Y
Y
3.5.6
Fast Food Restaurant
N
N
N
N
N
N
N
S
N
N
3.5.7
Hotel /Motel
N
N
N
S
S
S
Y
Y
S
S
+�
3.5.8
Lodge and Club
S
S
S
S
Y
Y
Y
Y
Y
Y
N
3.5.9
Funeral Home
S
S
S
S
Y
Y
Y
Y
Y
Y
N
3.5.10
Vet. Clinic /Hospital
S
S
S
S
Y
Y
Y
Y
Y
Y
N
3.5.11
Kennel
S
N
N
N
N
N
N
S
S
S
3.5.12
Personal Service Shop
N
N
N
S
Y
Y
Y
Y
Y
Y
3.5.13
Craft Sh /Bldg. Trade
N
N
N
N
Y
Y
Y
Y
Y
Y
3.5.14
Com. /Trade School
N
N
N
S
Y
Y
Y
Y
Y
Y
#
3.5.15
Amusement Facility
N
N
N
S
Y
Y
N
Y
S
Y
N
3.5.16
Auto Service Station
N
N
N
N
S
S
N
S
S
S
#
3.5.17
Auto Repair /Body Shop
N
N
N
N
S
S
S
Y
Y
S
3.5.18
Car Wash
N
N
N
N
N
N
S
N
N
N
N
3.5.19
Vehicular Dealership
N
N
N
N
S
S
Y
Y
Y
Y
N
3.5.20
Parking Facility
N
N
N
Y
Y
Y
Y
Y
Y
Y
+
3.5.21
Home Occupation
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
3.5.22
Motor Vehicle Salvage
N
N
N
N
N
N
N
S
N
N
N
3.5.23
Adult Bookstore
N
N
N
N
N
N
N
S
N
N
N
3.5.24
Adult Mot Pic Theatre
N
N
N
N
N
N
N
S
N
N
N
3.6 INDUSTRIAL USES
3.6.1
Warehouse
N
N
N
N
N
N
N
Y
S
Y
3.6.2
Bulk Mat. Storage /Sales
N
N
N
N
N
N
Y
Y
Y
Y #
3.6.3
Light Manufacturing
N
N
N
N
N
N
N
Y
Y
Y
3.6.4
General Manufacturing
N
N
N
N
N
N
N
Y
Y
S
3.6.5
Resree Recvey Facility
N
N
N
N
N
N
N
S
N
N N
3.7 OTHER
3.7.1 Older Building Reuse S S S S S S S S S S
3.7.2 Mixed Bus /Res. Use N N N N Y S N N N S
it) South of Route 106 only, at density allowed in Residence 3 district.
Uses in accordance with Airport Master Plan approved by Town Meeting.
S Special Permit of the Planning Board.
Article 7
Page 39
AMENDMENT TO SCHEDULE OF DENSITY AND DIMENSIONAL REGULATIONS
Add the following new schedules to section 4:
SCHEDULE 4.2.1: DENSITY AND DIMENSIONAL REGULATIONS
RESIDENTIAL DISTRICTS
Minimum Lot Area per unit (s.f.)
Detached single family
Two - family
Cluster Development(see Sec. 5.6)
With Public Sewer per unit (s.f)
Detached single family
Two - family
Cluster Development(see Sec. 5.6)
(1)Minimum Lot Frontage (ft.)
Minimum Setbacks ft.
front«
side
rear
Maximum Building Height (ft.)
Minimum Open Space ( %)
R1 R2 Al RD
45,000 20,000 10,000 20,000
7,500 --
30,000 -- -- --
40,000 15,000 10,000 15,000
-- -- 7,500 --
30,000 15,000 7,500 5,500
150 100 80 80
40 30 30 30
25 15 15 15
40 30 30 30
35 35(3) 35 35
50 50 50 50
Notes:
(1) Lot width must conform to section 1.5.17a.
(2) 75 feet on lots over 30,000 sq. ft. with frontage located on a
scenic road as determined by Town Meeting.
(3)
Life Care Centers, allowed by Special Permits, may be constructed
to 5 stories /60 feet in height.
Article 7
Page 40
SCHEDULE 4.2.2: DENSITY AND DIMENSIONAL REGULATIONS
BUSINESS AND INDUSTRIAL DISTRICTS
Notes:
(1) South of Route 106, as per the Residence 3 district.
(2) Business and residential uses may be combined in the same, or
separate buildings, provided that in the Business 1 and Business 2
districts retail uses shall occupy the ground floor street frontage
(see Section 3.7.2).
(3) In the 11 and I2 districts, side and rear setbacks shall be 75 feet
when businesses abut residential. Said setbacks shall be waived
when abutting a railroad easement in the 11, 12, and 13 districts.
B1
B2
iU
I1
12
Ij
Maximum FAR
2.0
1.0
0.25
0.25
0.25
0.25
By Right
Retail
2.0
1.0
0.25
0.40
--
0.25
Office
2.0
1.0
0.25
0.40
0.25
0.25
Other non - residential
2.0
1.0
0.25
0.40
0 25
0.25
Residential
--
0.5
--
--
It
0.25
Business /residential (2)
2.5
1.5
-_
_°
-_
0.25
Special Permit (S.4.9)
--
--
--
0.75
--
Minimum Lot Size (S.F.)
-°
-°
15,000
40,000
15,000
15,000
Minimum Open Space ( %)
-
_-
--
35
35
35
Maximum Building Height
45
45
45
60
45
45
Minimum Frontage (ft)
°-
50
100
200
50
50
Minimum Setbacks (ft)
front
--
--
50
50
50
50
side (3)
--
°-
20
20
20
20
rear (3)
--
--
20
20
20
20
Notes:
(1) South of Route 106, as per the Residence 3 district.
(2) Business and residential uses may be combined in the same, or
separate buildings, provided that in the Business 1 and Business 2
districts retail uses shall occupy the ground floor street frontage
(see Section 3.7.2).
(3) In the 11 and I2 districts, side and rear setbacks shall be 75 feet
when businesses abut residential. Said setbacks shall be waived
when abutting a railroad easement in the 11, 12, and 13 districts.
Article 7
Page 41
AMENDMENT FOR CLUSTER DEVELOPMENT
Add a new Section 5.6 as follows:
5.6 CLUSTER RESIDENTIAL SPECIAL PERMIT
5.6.1 Purpose
5.6.1.1 To promote the more efficient use of land in harmony with its
natural features.
5.6.1.2 To encourage the preservation of valuable open space.
5.6.1.3 To protect water bodies and supplies, wetlands, floodplains,
agricultural lands, wildlife and other natural resources.
5.6.1.4 To permit greater flexibility and more attractive, efficient,
economical design of residential subdivisions.
5.6.1.5 To facilitate economical and efficient provision of utilities.
5.6.1.6 To guide development consistent with the Town's Master Plan.
5.6.1.7 To meet housing needs and to promote diverse, and thereby effi-
oient, housing at a variety of costs.
5.6.2 Applicability
5.6.2.1 The Planning Board may grant a special permit for the construction
of a cluster residential development in residential districts.
5.6.2.2 The Planning Board approval of a special permit hereunder shall
substitute for compliance with the Subdivision Control Act.
5.6.3 Special Permit Considerations: In issuing a special permit, the
Board shall make the following determinations: that the plan,00m-
plies with the requirements of this Section; that the plan is
superior to a conventional one in preserving open space for
conservation or recreation and in utilizing the natural features
of the land; that the plan allows more efficient provision of
streets, utilities, and other public services; that it will not
have detrimental effects on the abutting neighborhoods, and that
considerations have been given to the general guidelines set forth
in the Mansfield Master Plan.
5.6.4 Minimum Tract Size. For each application for a special permit,
the applicant shall have a tract in a single or consolidated
ownership at the time of application that is no less than 5 times
the minimum lot size required in the underlying district.
Article 7
Page 42
5.6.5 Permitted Uses. The following principal uses of the lots within
the Cluster Residential Development shall be permitted: one -
family detached dwellings; church or other religious purposes;
agriculture; public park; conservation area and preserved open
spaces and membership clubs and recreation facilities for the ex-
clusive use of the residents of the development.
5.6.6 Permitted Density
5.6.6.1 In a residential cluster development, the maximum number of in-
dividual single family detached house lots permitted shall not
exceed the number of buildable lots obtained under conventional
subdivision upon which single family dwellings could be con-
structed in the residential district(s) within which the tract is
located. In Residence 1, 2 and 3 districts, a conventional sub-
division shall be designed in accordance with the following
schedule in order to determine the permitted number of cluster
lots:
District Lot Area per Unit (sf.)
No Sewer Sewer
Residence 1 30,000 30,000
Residence 2 -- 15,000
Residence 3 -- 7,500
5.6.6.2 The Planning Board may grant additional density in accordance with
the following schedule if the stated number of units are assured
in perpetuity through covenant, repurchase agreement or other
means to serve critical housing needs of local residents, through
such means as being sold or leased at cost, and with income
qualifications meeting the guidelines of a state or Federal hous-
ing assistance program, such as the MHFA First Time Homebuyers
Program:
District Percent of Total Units Lot Area Per Unit(sf.)
Residence 2 5% 13,000
Residence 3 10% 5,500
5.6.7 Dimensional Regulations and Development Standards. In a cluster
residential development, the following shall apply:
5.6.7.1 All buildings shall be limited to 35 feet in height.
5.6.7.2 In all cases of cluster single family detached house lot develop-
ment, the following dimensions and standards shall apply:
Article 7
Page 43
5.6.7.2.1
Lot size: no
lot shall be less than 25% of the minimum
lot size
permitted in
the underlying district, except that
no cluster lot
shall be less
than 7,500 S.F. except in Residence
3 as provided
for in Section 5.6.6.2.
5.6.7.2.2
Lot frontage:
A cluster lot shall have a minimum
frontage of not
less than 75
feet.
5.6.7.2.3
Lot shape: A
cluster lot shall be of a size and
shape that shall
provide a building
site which is in harmony with
the natural fea-
tures of the
site.
5.6.7.2.4 Building site: The building site shall be clearly designated on
each cluster lot, and shall be situated as to provide open space
for each dwelling unit.
5.6.8 Improvements: The Planning Board may require that all streets,
drainage, water systems, sewerage, utilities, grading, and other
improvements be made in accordance with the Rules and Regulations
governing the Subdivision of Land in the Town of Mansfield. In
accordance with the Rules and Regulations for the Subdivision of
Land in the Town of Mansfield, the Planning Board may also require
a performance bond for the proper installation of all improve-
ments.
5.6.9 Common Open Space: In a residential cluster development, the fol-
lowing shall apply:
5.6.9.1 All land within the cluster tract, as defined in Section 5.6.4,
which is not covered by buildings, roads, walkways or parking
areas, or which is not set aside as private yards in the cluster
lots, shall be set aside and perpetually preserved as common open
space.
5.6.9.2 The area of common open space shall equal at least 35% of the
tract in the case of single- family clusters. No more than 15% of
the common open space shall be situated within the Wetlands and
Floodplain Protection District.
5.6.9.3 The common open space shall have a shape, dimension, character and
location suitable to assure its use for park, recreation, conser-
vation or agricultural purposes by most of the residents of the
tract.
5.6.9.4 Provisions shall be made so that the common open space shall
either be conveyed to the city or town and accepted by it for park
or open space use, or be conveyed to a non - profit organization the
principal purpose of which is the conservation of open space, or
to be conveyed to a corporation or trust owned or to be owned by
the owners of lots or residential units within the plot. If such
a corporation or trust is utilized, ownership thereof shall pass
Article 7
Page 44
with conveyances of the lots or residential units. In any case
where such land is not conveyed to the city or town, a restriction
enforceable by the city or town shall be recorded providing that
such land shall be left in an open or natural state and not be
built for residential use or developed for accessory uses such as
parking or roadway. MGL 40A Sec. 8.
5.6.10 Additional Requirements: In a residential cluster development,
the following shall apply:
5.6.10.1 Parking of automobiles shall not be permitted in those areas
designated as open land between any building clusters or any
groups of cluster lots.
5.6.10.2 No cluster lot shown on a plan for which a permit is granted under
this section may be further subdivided, and a notation to this ef-
fect shall be shown on the plan.
5.6.10.3 Accessory recreation uses in the common open space are subject to
all applicable requirements and regulations of the Town of
Mansfield Zoning By -Law. In the event that an accessory use is
proposed after the granting of a special permit for cluster
residential development, the proposed accessory use shall require
a special permit from the Planning Board.
5.6.11 Application Procedures:
5.6.11.1 Pre - application review: it is strongly recommended that ap-
plicants submit preliminary plans for review by the Planning Board
prior to formal application for a special permit. The filing of a
preliminary plan and the Board's review thereof shall be in
accordance with the requirements of the Subdivision Rules and
Regulations of the Town of Mansfield.
5.6.11.2 Preliminary Plan Requirements: A preliminary plan shall conform
to the requirements for preliminary plans of the Subdivision Rules
and Regulations for the Town of Mansfield, and shall include the
following additional information:
5.6.11.2.1 Dimensions, and proposed use, including layout of facilities, of
the common open space;
5.6.11.2.2. The location of all proposed buildings and parking spaces;
5.6.11.3 Application: Applicants for a special permit for a Cluster
Residential Development shall submit to the Board the following:
5.6.11.3.1 An original and eleven (11) copies of a development plan;
5.6.11.3.2 Eight (8) copies of an application, a deed description, a common
open space instrument, and a development schedule.
Article 7
Page 45
5.6.11.3.3 A filing fee as required for a Definitive Plan under the Mansfield
Subdivision Rules and Regulations.
5.6.11.4 Development Plan Requirements: The development plan shall meet
the requirements for a Definitive Plan under the Mansfield Sub-
division Rules and Regulations, and shall contain the following
additional information:
5.6.11.4.1 A utilities and drainage plan prepared by a registered profes-
sional engineer;
5.6.11.4.2 A plan of the common open space, including a depiction of the
materials to be used and the quantity, size and species of
plantings;
5.6.11.4.3 A plan of the common open space including its dimensions and
proposed facilities;
5.6.11.4.4 Other materials as the Board may require regarding: measures
proposed to prevent pollution of surface water or groundwater,
soil erosion, increased run -off, and flooding; design features in-
tended to integrate the proposed new development into the existing
landscape, to enhance aesthetic assets, and to screen objec-
tionable features from neighbors; projected traffic flow patterns
into and upon the site for both vehicles and pedestrians and an
estimate of the projected number of motor vehicle trips to and
from the site for an average day and for peak hours.
5.6.11.5 Deed Description: A deed or other recorded instrument shall be
filed showing the applicant to be the owner of the land to be
designated as a Cluster Residential Development and that the land
is in single or consolidated ownership at the time of final plan
application.
5.6.11.6 Common Open Space Instrument: In order to ensure that the cor-
poration, non - profit organization or trust will properly maintain
the common open space, an instrument(s) shall be recorded at the
Bristol North District Registry of Deeds which shall, at a mini-
mum, provide:
5.6.11.6.1 A legal description of the common open space;
5.6.11.6.2 A statement of the purpose for which the common open space is in-
tended to be used and the restrictions on its use and alienation.
5.6.11.6.3 The type and name of the corporation, non- profit organization, or
trust which will own, manage and maintain the common open space.
5.6.11.6.4 The ownership or beneficial interest in the corporation, non-
profit organization or trust of each owner of a dwelling in the
Article 7
Page 46
cluster development and a provision that such ownership or benefi-
cial interest shall be appurtenant to the dwelling to which it re-
lates and may not be conveyed or encumbered separately therefrom.
5.6.11.6.5 Provisions for the number, term of office, and the manner of elec-
tion to office, removal from office and the filling of vacancies
in the office of directors and /or officers of the corporation or
non - profit organization or trustees of the trust.
5.6.11.6.6 Procedures for the conduct of the affairs and business of the cor-
poration, non - profit organization or trust including provision for
the calling and holding of meetings of members and directors
and /or officers of the corporation or non- profit organization or
beneficiaries and trustees of the trust and provision for quorum
and voting requirements for action to be taken. Each owner of a
dwelling shall have voting rights proportional to his ownership or
beneficial interest in the corporation, non - profit organization or
trust.
5.6.11.6.7 Provision for the management, maintenance, operation, improvement
and repair of the common open space and facilities thereon, in-
cluding provisions for obtaining and maintaining adequate in-
surance and levying and collecting from the dwelling owners common
charges to pay for expenses associated with the common open space,
including real estate taxes. It shall be provided that common
charges are to be allocated among the dwelling owners in propor-
tion to their ownership or beneficial interests in the corpora-
tion, non - profit organization or trust, that each owner's share of
the common charge shall be a lien against his real estate in the
RD, which shall have priority over all other liens with the excep-
tion of municipal liens and first mortgages of record.
5.6.11.6.8 The method by which such instrument or instruments may be amended.
5.6.11.7 Development Schedule: A schedule shall be filed showing the es-
timated amount of time that will be required for completion of the
development, the rate at which development will take place and the
sequence of development.
5.6.11.8 Review of Other Boards and Agencies: Upon receipt of the applica-
tion, the Board shall, within ten (10) days, transmit one copy to
pertinent Town professionals, boards and agencies, namely to the
Board of Health, Conservation Agent, Town Engineer and Fire
Department. These Boards and Agencies shall review said plans and
provide recommendations to the Planning Board within 35 days.
A. Add a new Section 5.7 to read as follows:
Article 7
Page 47
5.7 Residential Compound
5.7.1 Purpose - To provide limited residential development on tracts of
land which promotes efficient use of the land in harmony with its
natural resources, minimizes Town maintenance responsibility and
cost, and preserves the existing character of the Town.
5.7.2 Standards - A group of not more than six (6) and not less than two
(2) single family dwellings sharing common frontage and a private
access road may be permitted by Special Permit by the Planning
Board in the R1 District subject to the following:
5.7.2.1 A residential compound may be permitted on a single tract of land
in one ownership having a minimum frontage of fifty (50) feet and
a lot area totaling no less than 60,000 S.F. per proposed lot.
(Total area divided by 60,000 S.F. equals number of lots.)
5.7.2.2 Dimensional Requirements - No structure shall be closer than forty
(40) feet from any other structure or way and forty (40) feet from
any tract boundary line. No exclusive use area (an area located
adjacent to a dwelling unit and reserved for its exclusive use)
shall be less than 25,000 S.F. exclusive of wetlands.
5.7.2.3 Access - Each exclusive use area in the Residential Compound shall
have adequate and legally enforceable rights of access to a way
via a private street or driveway.
5.7.2.4 Open Space - Any land within the Residential Compound, not desig-
nated as an exclusive use area, private road or driveway shall be
designated as permanent open space. Such land shall be a minimum
of 35% of the total area and shall contain no more than 15% wet-
lands. Such land shall have a shape, dimension, character and
location suitable for conservation, outdoor recreational
facilities of a non - commercial nature, agricultural, preservation
of scenic or historic structures, and structures accessory to any
of the above uses (including swimming pools, tennis courts,
stables, greenhouses). Provisions shall be made for the open
space to be owned:
5.7.2.4.1 In common by owners of all dwelling units in the Residential
Compound; or
5.7.2.4.2 By a trust or association of the owners of all dwelling units in
the Residential Compound; or
5.7.2.4.3 By the Town; or
5.7.2.4.4 By the Mansfield Conservation Commission; or
5.7.2.4.5 Otherwise as may be authorized by the Planning Board.
Article 7
Page 48
In all cases a perpetual restriction running to or enforceable by
the Town shall be recorded in respect to such open land. Such
restriction shall provide that the Open Space shall be retained in
perpetuity for one or more of the following uses: conservation,
agriculture, recreation, or park. Such restriction shall be in a
form or substance approved by the Planning Board.
5.7.3 Limitation on Subdivision - No Residential Compound for which a
special permit has been issued under this Section may be sub-
divided or further developed and a notation to this effect shall
be shown on the plan.
5.7.4 Other Restrictions - The approved plan of the Residential Compound
shall contain statements indicated by the following: that the
land lies within an approved Residential Compound; that develop-
ment of the land is permitted only in accordance with the land
uses indicated thereon; that the Town will not be requested to ac-
cept or maintain the private access, drainage, open space or any
other improvements within the Compound. Further, all deed
restrictions with respect to ownership, use and maintenance or
permanent open space shall be referenced on, and recorded with,
the plan.
5.7.5 Procedure for Approval - The applicant shall follow requirements
set forth in Section 5.5 (Special Permit).
5.7.6 If a special permit is granted, the Planning Board shall impose as
a condition of approval that copies of all recorded instruments be
filed with the Planning Board prior to the issuance of any build-
ing permit.
AHERDHEiT TO ESTABLISH A RESERVOIR DISTRICT
Add a new section to read as follows:'
5.8 RESERVOIR DISTRICT (RD)
5.8.1 Purpose: This district is designed to provide maximum protection
for the integrity and environment of the Norton Reservoir, while
allowing, by special permit, for an intensity of residential and
non - residential uses commensurate with the location of this dis-
trict.
5.8.2 Applicability: In accordance with Section 3, the Planning Board
may grant a special permit for certain uses in the Reservoir Dis-
triot conforming to the following schedule.
Article 7
Page 49
5.8.3 Uses
Residential (Sec. 3.3)
Business (See. 3.5)
Industrial (See. 3.6)
Density and Dimensional Requirements
Same as R3 on schedule 4.2.1
Same as 11 on schedule 4.2.2
Same as I1 on schedule 4.2.2
5.8.4 No special permit shall be approved by the Planning Board under
this section unless the following have been met:
5.8.4.1 The procedure and requirements set forth in Section 5.5 Special
Permits.
5.8.4.2 The prohibition and requirements of the Water Supply Protection
District in Section 5.1.2.1 and 5.1.2.4.
5.8.4.3 There shall be no increase in water run -off into the Norton Reser-
voir.
5.8.5 The Planning Board may also grant a special permit for additional
non - residential floor area above that allowed in Section 5.9.3
provided that the requirements of Section 4.9 are met.
Voted favorably 216 in favor - 21 opposed - Standing vote count
Reconsideration failed
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16, 1989
Special Town Meeting. Said meeting was held at 7:30 P.M. in the Mansfield
High School Auditorium, East Street, Mansfield, Massachusetts. A quorum was
present and voting.
ARTICLE 8
To see if the Town will vote to accept the following changes to the Town of
Mansfield Zoning By -Laws, or to take any action in relation thereto:
OTM M AMSt1DNENTS TO THE ZONING BYLAWS
A. Delete the schedule in Section V.I.2 (new Section 4.8.2 Wetland
Protection) and replace with the following schedule:
B. Amend Section IV.A Amend Section IV.A - Intensity Regulation, Requirements
(New Section 4.1) as follows:
Add item 7 to read:
Any lot located within and containing a habitable structure in any
residential zone and duly recorded in the Bristol County Registry of Deeds on
or before October 16, 1989 shall be subject to the frontage, setback and lot
area requirements set forth in the Town of Mansfield Zoning By -Law adopted
February 1953, last revised May 1989.
C. Add a new section to read as follows:
minimum
Minimum
Buildable
Lot Area
Lot Area
Residence 1 no sewer
45,000
37,000
sewer
40,000
33,000
Residence 2 no sewer
20,000
17,000
sewer
15,000
13,000
Residence 3 sewer
10,000
10,000
sewer -two family
15,000
13,000
B. Amend Section IV.A Amend Section IV.A - Intensity Regulation, Requirements
(New Section 4.1) as follows:
Add item 7 to read:
Any lot located within and containing a habitable structure in any
residential zone and duly recorded in the Bristol County Registry of Deeds on
or before October 16, 1989 shall be subject to the frontage, setback and lot
area requirements set forth in the Town of Mansfield Zoning By -Law adopted
February 1953, last revised May 1989.
C. Add a new section to read as follows:
Article 8
Page 2
PROHIBITED USES
All other uses which, based on the opinion of public safety officials
as well as appropriate Town boards and committees, may be hazardous or in-
jurious to the community or to properties in the vicinity are expressly
prohibited in all zoning districts in the Town as are all uses not specifi-
cally permitted by this bylaw.
D. Amend Section V.C.3.0 (new Section 4.4.3) as follows:
1. In paragraph 1, delete the second sentence and replace by "Thirty
percent (30 %) of subcompact parking spaces shall be allowed by right. Any-
thing above said number shall be approved by the Planning Board."
ARTICLE 8 - Vote
Move the Town accept the following changes to the Town of Mansfield Zoning By-
Laws.
OTHER AMENDMENTS TO THE ZONING BYLAWS
A. Delete the schedule in Section V.I.2 (new Section 4.8.2 Wetland
Protection) and replace with the following schedule:
B. Amend Section IV.A Amend Section IV.A - Intensity Regulation, Requirements
(New Section 4.1) as follows:
Add item 7 to read:
Any lot located within and containing a habitable structure in any
residential zone and duly recorded in the Bristol County Registry of Deeds on
or before October 16, 1989 shall be subject to the frontage, setback and lot
area requirements set forth in the Town of Mansfield Zoning By -Law adopted
February 1953, last revised May 1989.
C. Add a new section to read as follows:
PROHIBITED USES
All other uses which, based on the opinion of public safety officials
Minimum
minimum
Buildable
Lot Area
Lot Area
Residence 1 no sewer
45,000
37,000
sewer
40,000
33,000
Residence 2 no sewer
20,000
17,000
sewer
15,000
13,000
Residence 3 sewer
10,000
100000
sewer -two family
15,000
13,000
B. Amend Section IV.A Amend Section IV.A - Intensity Regulation, Requirements
(New Section 4.1) as follows:
Add item 7 to read:
Any lot located within and containing a habitable structure in any
residential zone and duly recorded in the Bristol County Registry of Deeds on
or before October 16, 1989 shall be subject to the frontage, setback and lot
area requirements set forth in the Town of Mansfield Zoning By -Law adopted
February 1953, last revised May 1989.
C. Add a new section to read as follows:
PROHIBITED USES
All other uses which, based on the opinion of public safety officials
Article 8
Page 3
as well as appropriate Town boards and committees, may be hazardous or in-
jurious to the community or to properties in the vicinity are expressly
prohibited in all zoning districts in the Town as are all uses not specifi-
cally permitted by this bylaw.
D. Amend Section V.C.3.0 (now Section 4.4.3) as follows:
1. In paragraph 1, delete the second sentence and replace by "Thirty
percent (30 %) of subcompact parking spaces shall be allowed by right. Any-
thing above said number shall be approved by the Planning Board.11
Voted favorably 175 in favor - 0 opposed. Vote declared unanimously in favor
by the Moderator.
Reconsideration failed.
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16, 1989
Special Town Meeting. Said meeting was held at 7:30 P.M. in the Mansfield
High School Auditorium, East Street, Mansfield, Massachusetts. A quorum was
present and voting.
ARTICLE 9
To see if the Town will vote to accept the following changes to the Town of
Mansfield Zoning By -Laws, or to take any action in relation thereto:
AHENDMENT FOR LINKAGE SPECIAL PERMIT
Add a new section 4.9 to read as follows:
4.9 LINKAGE SPECIAL PERMIT
4.9. The Planning Board may grant a special permit for additional non-
residential building floor area above the maximum floor area ratio
allowed in the Industrial 1 and Reservoir Districts in accordance
with the schedule below provided that a linkage payment is made
into the Town of Mansfield Capital Improvement Fund in an amount
equal to 5% of the total construction cost of the additional floor
area allowed by special permit.
4.9.2 Schedule of Floor Area Ratio
Use Floor Area Ratio by Special Permit
I -1 AD
Retail 0.50 0.50
Office 0.75 0.75
Industrial 0.75 0.75
Other Non - Residential 0.75 0.75
4.9.3 In no case shall the additional floor area allowed by special per-
mit result in development exceeding the dimensional regulations of
Section 4, except for by -right maximum floor area ratio.
4.9.4 The cost of additional building construction shall be determined
by the Planning Board in consultation with the appropriate Town
Departments and the developer.
Article 9
Page 2
4.9.5 If at the time of linkage payment a Town of Mansfield Capital Im-
provement Fund has not been created, payment shall be made to the
Town of Mansfield to be held in an escrow account by the Board of
Selectmen until such time as said fund is created.
ARTICLE 9 - Vote
Move the Town accept the following changes to the Town of Mansfield Zoning By-
Laws.
AMENDMENT FOR LINKAGE SPECIAL PERMIT
Add a new section 4.9 to read as follows:
4.9 LINKAGE SPECIAL PERMIT
4.9. The Planning Board may grant a special permit for additional non-
residential building floor area above the maximum floor area ratio
allowed in the Industrial 1 and Reservoir Districts in accordance
with the schedule below provided that a linkage payment is made
into the Town of Mansfield Capital Improvement Fund in an amount
equal to 5% of the total construction cost of the additional floor
area allowed by special permit.
4.9.2 Schedule of Floor Area Ratio
Use Floor Area Ratio by Special Permit
II =1 RD
Retail 0.50 0.50
Office 0.75 0.75
Industrial 0.75 0.75
Other Non - Residential 0.75 0.75
4.9.3 In no case shall the additional floor area allowed by special per-
mit result in development exceeding the dimensional regulations of
Section 4, except for by -right maximum floor area ratio.
4.9.4 The cost of additional building construction shall be determined
by the Planning Board in consultation with the appropriate Town
Departments and the developer.
4.9.5 If at the time of linkage payment a Town of Mansfield Capital Im-
provement Fund has not been created, payment shall be made to the
Town of Mansfield to be held in an escrow account by the Board of
Selectmen until. such time as said fund is created.
Article 9
Page 3
Vote declared unanimously in favor by Moderator - Show of hands.
Reconsideration failed.
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16, 1989
Special Town Meeting. Said meeting was held at 7:30 P.M- in the Mansfield
High School Auditorium, East Street, Mansfield, Massachusetts. A quorum was
present and voting.
ARTICLE 10
To see if the Town will vote to accept the following changes to the Town of
Mansfield Zoning By -Laws, or to take any action in relation thereto:
3.7 Classification of Other Uses
3.7.1 Older Building Reuse: The Planning Board may grant a special per-
mit to convert any building containing more than two thousand
(2,000) square feet of floor area and built prior to February,
1953, a public school building, or other municipal building in its
entirety for uses allowed in the district in which it is located
regardless of development density provided (1) there is sufficient
parking in accordance with Section 4.4 of this bylaw, (2) the
Planning Board finds that the site, architectural and landscape
plans and conditions of approval are sufficiently advantageous to
the Town to grant a special permit, and 3) no additions to the
building are allowed, except for minimal additions necessary to
comply with building, safety and health codes, or for the
reasonable use of the building.
3.7.2 Mixed Business and Residential Use: In the Business 1 (B1), Busi-
ness 2 (B2) and Industrial 3 (13) Districts, both non - residential
and residential uses are permitted on the same lot in conformance
with Section 4.2.2.
ARTICLE 10 - Vote
Move the Town accept the following changes to the Town of Mansfield Zoning By-
Laws, or to take any action in relation thereto:
3.7 Classification of Other Users
3.7.1 Older Building Reuse: The Planning Board may grant a special per-
mit to convert any building containing more than two thousand
Article 10
Page 2
(2,000) square feet of floor area and built prior to February,
1953, a public school building, or other municipal building in its
entirety for uses allowed in the district in which it is located
regardless of development density provided (1) there is
sufficient parking in accordance with Section 4.4 of this bylaw,
(2) the Planning Board finds that the site, architectural and
landscape plans and conditions of approval are sufficiently advan-
tageous to the Town to grant a special permit, and 3) no additions
to the building are allowed, except for minimal additions neces-
sary to comply with building, safety and health codes, or for the
reasonable use of the building.
3.7.2 Mixed Business and Residential Use: In the Business 1 (B1), Busi-
ness 2 (B2) and Industrial 3 (13) Districts, both non - residential
and residential uses are permitted on the same lot in conformance
with Section 4.2.2.
Vote declared unanimously in favor by Moderator - Show of hands.
Reconsideration failed.
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16, 1989
Special Town Meeting. Said meeting was held at 7:30 P.M. in the Mansfield
High School Auditorium, East Street, Mansfield, Massachusetts. A quorum was
present and voting.
ARTICLE 11
To see if the Town will vote to accept the following changes to the Town of
Mansfield Zoning By -Laws, or to take any action in relation thereto:
AMENDMENTS FOR ACCESSORY APARTMENTS
Add a new Section 3.9 to read as follows:
3.9 ACCESSORY APARTMENTS - Special Permit Use
3.9.1 The Special Permit Granting Authority shall not issue a special
building permit for a newly created accessory apartment in a
detached, one family dwelling unless the following conditions and
requirements are met.
3.9.2 The owner of the dwelling in which the accessory apartment is
created shall occupy either of the dwelling units in the struc-
ture. For the purposes of this section, the flownern shall hold
title to the dwelling, and for whom the dwelling is the primary
residence for voting and tax purposes. In addition, at least one
of the two units shall be occupied by a person(s) at least fifty -
five (55) years of age or older.
3.9.3 There shall be no more than one accessory apartment within a one -
family dwelling.
3.9.4 There shall be no additional boarders or lodgers within either
unit of a dwelling with an accessory apartment.
3.9.5 The gross floor area of the dwelling shall have been at least
2,000 square feet as of January 1, 1989, which amount shall be
verified in the records of the Building Inspector or Board of As-
sessors.
Article 11
Page 2
3.9.6 The maximum gross floor area of the accessory apartment shall not
exceed 40 percent of the gross floor area of the dwelling as of
January 1, 1989.
3.9.7 There shall not be more than one bedroom in an accessory apart-
ment.
3.9.8 Where the structure is not connected to the public water and /or
sanitary sewer systems, the applicant shall obtain a positive
recommendation from the Board of Health.
3.9.9 The accessory apartment shall be designed so that the appearance
of the structure remains that of a one family dwelling, subject
further to the following conditions and requirements:
3.9.9.1 All stairways to second and third stories shall be enclosed within
the exterior walls of the dwelling.
3.9.9.2 There shall be no enlargements or extensions of the dwelling in
connection with any accessory apartment except for minimal addi-
tions necessary to comply with building, safety or health codes,
or for enclosure of an entryway, or for enclosure of a stairway to
a second or third story.
3.9.10.1 Each parking space and the driveway leading thereto shall be paved
or shall have an all- weather gravel surface. No motor vehicles
shall be regularly parked on the premises other than in such a
parking space.
3.9.10.2 All parking spaces shall be either: 1) outdoor parking spaces
located in a side or rear yard or 2) in a garage or carport.
3.9.10.3 There shall be no more than four outdoor parking spaces on the
lot.
3.9.10.4 No parking space shall be located within the boundary of a street
right -of -way.
3.9.10.5 Where there are more than two outdoor parking spaces, they shall
be screened with evergreen or dense deciduous plantings, walls,
fence, or a combination thereof. Screening shall be sufficient to
minimize the visual impact on abutters and to maintain the single
family appearance of the neighborhood.
ARTICLE 11 - Vote
Move the Town accept the following changes to the Town of Mansfield Zoning By-
Laws, or to take any action in relation thereto:
AMENDMENTS FOR ACCESSORY APARTMENTS
Article 11
Page 3
Add a new Section 3.9 to read as follows:
3.9 ACCESSORY APARTMENTS - Special Permit Use
3.9.1 The Special Permit Granting Authority shall not issue a special
building permit for a newly created accessory apartment in a
detached, one family dwelling unless the following conditions and
requirements are met.
3.9.2 The owner of the dwelling in which the accessory apartment is
created shall occupy either of the dwelling units in the struc-
ture. For the purposes of this section, the 11ownerlt shall hold
title to the dwelling, and for whom the dwelling is the primary
residence for voting and tax purposes. In addition, at least one
of the two units shall be occupied by a person(s) at least fifty -
five (55) years of age or older.
3.9.3 There shall be no more than one accessory apartment within a one -
family dwelling.
3.9.4 There shall be no additional boarders or lodgers within either
unit of a dwelling with an accessory apartment.
3.9.5 The gross floor area of the dwelling shall have been at least
2,000 square feet as of January 1, 1989, which amount shall be
verified in the records of the Building Inspector or Board of As-
sessors.
3.9.6 The maximum gross floor area of the accessory apartment shall not
exceed 40 percent of the gross floor area of the dwelling as of
January 1, 1989.
3.9.7 There shall not be more than one bedroom in an accessory apart-
ment.
3.9.8 Where the structure is not connected to the public water and /or
sanitary sewer systems, the applicant shall obtain a positive
recommendation from the Board of Health.
3.9.9 The accessory apartment shall be designed so that the appearance
of the structure remains that of a one family dwelling, subject
further to the following conditions and requirements:
3.9.9.1 All stairways to second and third stories shall be enclosed within
the exterior walls of the dwelling.
3.9.9.2 There shall be no enlargements or extensions of the dwelling in
connection with any accessory apartment except for minimal addi-
tions necessary to comply with building, safety or health codes,
or for enclosure of an entryway, or for enclosure of a stairway to
a second or third story.
Article 11
Page 4
3.9.10.1
Each parking space
and the driveway leading thereto shall be paved
or shall have an all
- weather gravel surface. No
motor vehicles
shall be regularly
parked on the premises other than in such a
parking space.
3.9.10.2
All parking spaces
shall be either: 1) outdoor
parking spaces
located in a side
or rear yard or 2) in a garage
or carport.
3.9.10.3
There shall be no
more than four outdoor parking
spaces on the
lot.
3.9.10.4 No parking space shall be located within the boundary of a street
right -of -way.
3.9.10.5 Where there are more than two outdoor parking spaces, they shall
be screened with evergreen or dense deciduous plantings, walls,
fence, or a combination thereof. Screening shall be sufficient to
minimize the visual impact on abutters and to maintain the single
family appearance of the „neighborhood.
Voted favorably 108 in favor - 43 opposed: Standing vote count
Reconsideration failed.
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16, 1989
Special Town Meeting. Said meeting was held at 7:30 P.M. in the Mansfield
High School Auditorium, East Street, Mansfield, Massachusetts. A quorum was
present and voting.
ARTICLE 13
To see if the Town will vote to accept the following changes to the Town of
Mansfield Zoning By -Laws, or to take any action in relation thereto:
AMENDMENT FOR SITE PLAN APPROVAL
Delete existing Section V.K. Site Plan Approval and replace it with the
following:
5.3 SITE PLAN APPROVAL
5.3.1 In all instances specified in Section 3 Schedule of Principal
Regulations, indicating that site plan approval is required, no
building permit shall be issued in any case where a building is
to be erected or externally enlarged and no area for parking,
loading, orvehicular service (including driveways giving access
thereto) shall be established or substantially changed, except in
conformity with a site plan bearing an endorsement of approval by
the Inspector of Buildings after review thereof by the Planning
Board. Site plan approval shall not be required in any case where
a building is to be externally changed for the purpose of closing
an entrance or creating a new entrance thereto and for other
extension(s) to a building, which in total shall not exceed more
than 15% of the gross floor area of the building or 10,000 square
feet, whichever is less.
5.3.2 In instances where site plan approval is required, a site plan
shall be submitted in accordance with the requirements of sections
5.5.2 and 5.5.3.
5.3.3 The applicant shall submit such material as may be required
regarding measures proposed to prevent pollution of surface or
groundwater, soil erosion, increased run -off, changes in
groundwater level, and flooding.
Article 13
Page 2
5.3.4 The applicant shall submit material regarding design features in-
tended to integrate the proposed new development into the existing
landscape, to enhance aesthetic assets, and to screen objec-
tionable features from neighbors.
5.3.5 The applicant shall submit such material as may be required
regarding the projected traffic flow patterns into and upon the
site for both vehicles and pedestrians and an estimate of the
projected number of motor vehicle trips to and from the site for
an average day and for peak hours.
5.3.6 The Planning Board shall submit to the Inspector of Buildings its
written recommendation on the technical quality of the site plans
and the advisability of approval after considering the following
matters:
5.3.6.1 Protection and enhancement of existing site features;
5.3.6.2 Protection of adjoining premises against detrimental uses by
provision for surface water drainage, sound and sight buffers and
preservation of views, light and air;
5.3.3.6.3 Convenience and safety of vehicular and pedestrian movement within
the site, the location of driveway opening in relation to traffic
or to adjacent streets and, when necessary, compliance with other
regulations for the handicapped, minors and the elderly;
5.3.6.4 Conformance of the arrangement of parking and loading spaces in
relation to the proposed uses of the premises to section 4.4 of
this by -law;
5.3.6.5 Proper methods of disposal of refuse and other wastes resulting
from the uses permitted on the site;
5.3.6.6 Relationship of structures and open spaces to the natural
landscape, existing buildings and other community assets in the
area and compliance with other requirements of this bylaw.
5.3.6.7 Protection of environmental features, particularly groundwater
resources, on the site and in adjacent areas, adequate protection
to prevent pollution of surface and groundwater, soil erosion,
increased run -off, changes in groundwater recharge or elevation
and flooding.
5.3.7 The original and eleven (11) copies of the development application
and plans shall be submitted to the Town Clerk, who shall give the
applicant a dated receipt. Within three (3) days of the receipt
of said application, the Town Clerk shall transmit the original
and all copies to the Building Inspector for distribution and
review.
Article 13
Page 3
5.3.8 The Building Inspector shall arrange for said site plan to be
reviewed by, but not limited to, the following departments;
Police, Fire, Engineering, Planning, Conservation and Public
4 Works. Written comments from the departments shall be forwarded
to the Planning Board prior to the Planning Board's review.
5.3.9 If the Building Inspector, after review of the report from the
Planning Board, determines that said site plan complies with the
purpose and specification of this bylaw, he shall approve the site
plan with or without conditions; if the plan does not comply with
the specifications of this bylaw, it shall be disapproved or ap-
proved with conditions, that being without compliance. When the
Building Inspector's decision differs from the recommendation of
the Planning Board, the reason shall be stated in writing within
seven (7) days of the decision. He shall also address specifi-
cally the recommendations of the Planning Board in this letter.
5.3.10 The Building Inspector shall take action on said plan after
receipt of the report from the Planning Board, or thirty (30) days
after receipt of the site plan from the Town Clerk, whichever is
sooner.
ARTICLE 13 - Vote
Move the Town accept the following changes to the Town of Mansfield Zoning By-
Laws.
AMENDMENT FOR SITE PLAN APPROVAL
Delete existing Section V.K. Site Plan Approval and replace it with the
following:
5.3 SITE PLAN APPROVAL
5.3.1 In all instances specified in Section 3 Schedule of Principal
Regulations, indicating that site plan approval is required, no
building permit shall be issued in any case where a building is
to be erected or externally enlarged and no area for parking,
loading, orvehieular service (including driveways giving access
thereto) shall be established or substantially changed, except in
conformity with a site plan bearing an endorsement of approval by
the Inspector of Buildings after review thereof by the Planning
Board. Site plan approval shall not be required in any case where
a building is to be externally changed for the purpose of closing
an entrance or creating a new entrance thereto and for other
extension(s) to a building, which in total shall not exceed more
than 15% of the gross floor area of the building or 10,000 square
feet, whichever is less.
Article 13
Page 4
5.3.2 In instances where site plan approval is required, a site plan
shall be submitted in accordance with the requirements of sections
5.5.2 and 5.5.3.
5.3.3 The applicant shall submit such material as may be required
regarding measures proposed to prevent pollution of surface or
groundwater, soil erosion, increased run -off, changes in
groundwater level, and flooding.
5.3.4 The applicant shall submit material regarding design features in-
tended to integrate the proposed new development into the existing
landscape, to enhance aesthetic assets, and to screen objec-
tionable features from neighbors.
5.3.5 The applicant shall submit such material as may be required
regarding the projected traffic flow patterns into and upon the
site for both vehicles and pedestrians and an estimate of the
projected number of motor vehicle trips to and from the site for
an average day and for peak hours.
5.3.6 The Planning Board shall submit to the Inspector of Buildings its
written recommendation on the technical quality of the site plans
and the advisability of approval after considering the following
matters:
5.3.6.1 Protection and enhancement of existing site features;
5.3.6.2 Protection of adjoining premises against detrimental uses by
provision for surface water drainage, sound and sight buffers and
preservation of views, light and air;
5.3.3.6.3 Convenience and safety of vehicular and pedestrian movement within
the site, the location of driveway opening in relation to traffic
or to adjacent streets and, when necessary, compliance with other
regulations for the handicapped, minors and the elderly;
5.3.6.4 Conformance of the arrangement of parking and loading spaces in
relation to the proposed uses of the premises to section 4.4 of
this by -law;
5.3.6.5 Proper methods of disposal of refuse and other wastes resulting
from the uses permitted on the site;
5.3.6.6 Relationship of structures and open spaces to the natural
landscape, existing buildings and other community assets in the
area and compliance with other requirements of this bylaw.
5.3.6.7 Protection of environmental features, particularly groundwater
resources, on the site and in adjacent areas, adequate protection
to prevent pollution of surface and groundwater, soil erosion,
increased run -off, changes in groundwater recharge or elevation
Article 13
Page 5 of 5
and flooding.
5.3.7 The original and eleven (11) copies of the development application
and plans shall be submitted to the Town Clerk, who shall give the
applicant a dated receipt. Within three (3) days of the receipt
of said application, the Town Clerk shall transmit the original
and all copies to the Building Inspector for distribution and
review.
5.3.8 The Building Inspector shall arrange for said site plan to be
reviewed by, but not limited to, the following departments;
Police, Fire, Engineering, Planning, Conservation and Public
Works. Written comments from the departments shall be forwarded
to the Planning Board prior to the Planning Board's review.
5.3.9 If the Building Inspector, after review of the report from the
Planning Board, determines that said site plan complies with the
purpose and specification of this bylaw, he shall approve the site
plan with or without conditions; if the plan does not comply with
the specifications of this bylaw, it shall be disapproved or ap-
proved with conditions, that being without compliance. When the
Building Inspector's decision differs from the recommendation of
the Planning Board, the reason shall be stated in writing within
seven (7) days of the decision. He shall also address specifi-
cally the recommendations of the Planning Board in this letter.
5.3.10 The Building Inspector shall take action on said plan after
receipt of the report from the Planning Board, or thirty (30) days
after receipt of the site plan from the Town Clerk, whichever is
sooner.
Vote declared unanimously in favor by Moderator - Show of hands
Reconsideration failed.
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16, 1989
Special Town Meeting. Said meeting was held at 7:30 P.M. in the Mansfield
High School Auditorium, East Street, Mansfield, Massachusetts. A quorum was
present and voting.
ARTICLE 14
To see if the Town will vote to accept the following changes to the Town of
Mansfield Zoning By -Laws, or to take any action in relation thereto:
ANM14ENT TO ADMINISTRATION SECTION ON SPECIAL PEMUT APPLICATIONS
Add a new Section 5.5 Special Permits to read as follows:
5.5 SPECIAL PERMITS
5.5.1 Certain uses are designated in this bylaw as requiring a special
permit. The Board of Appeals and the Planning Board may, in ac-
cordance with Chapter 40A of the General Laws, grant such special
permits. Application for a special permit must be made by the
owner of the property noted in the permit or with the owner's
written permission. Special permits may be issued only following
public hearings held within 65 days after an application and in
accordance with the requirements of Chapter 40A of the General
Laws and this bylaw.
5.5.2 Unless otherwise stated, all applications for a special permit
shall consist of the following.
5.5.2.1 Three (3) completed copies of the appropriate site plan applioa-
tion.
5.5.2.2 The original and eleven (11) blueline prints of the site plan at a
scale of 1" =401.
5.5.3 The following items must be included on the site plan:
5.5.3.1 The proposed name of the development, names and addresses of the
applicant, owners and designers of the plan, date and north arrow.
Article 14
Page 2 of 6
5.5.3.2 Site boundary, dimension of the lot(s), plat and lot numbers, and
zoning district.
5.5.3.3 Stamp of the registered civil engineer and registered land sur-
veyor who prepare the plan.
5.5.3.4 Topography (two -foot contours), slopes, kettle holes, and bedrock
outcrops.
5.5.3.5 Size (in square feet) and dimension of existing and proposed
structures and buildings.
5.5.3.6 Location of any existing structures and uses, driveways, driveway
openings, parking spaces, hydrants, and service and loading areas
located on or within one hundred (100) feet of the development
site.
5.5.3.7 Location of any drainage swales, wetlands, streams, ponds, and
Water Supply Protection Districts on or within two hundred (200)
feet of the site.
5.5.3.8 Accurate locations and dimensions of vehicular driveway entrances
and exits, fire lanes, pedestrian walkways, bikeways, and other
transportation routes, signs, hydrants, and methods of screening
refuse and service facilities.
5.5.3.9 Names and accurate location of any public or private ways abutting
the property.
5.5.3.10 Names of all abutting property owners.
5.5.3.11 Information on the percentage of lot covered by structures, park-
ing areas, wetlands, and the amount of remaining open space.
5.5.3.12 Detailed parking and traffic circulation plan.
5.5.3.13 In the Industrial districts, detailed grading, drainage, and ero-
sion control plans designed to the one hundred (100) year
frequency storm. All drainage pipes shall be sized to accommodate
the twenty -five (25) year frequency storm. In all other districts
detailed grading, drainage and erosion control plans shall be
designed to conform to standard engineering practice.
5.5.3.111 Detailed landscaping and outside lighting plan.
5.5.3.15 Utility plan.
5.5.3.16 Locus plan at 1" = 1,000'.
Article 14
Page 3 of 6
5.5.3.17 All facilities for sewage, refuse, and other waste disposal.
5.5.3.18 Such other information as may be required by the Planning Board or
its agent which is pertinent to the application before the Board.
5.5.4 The original and eleven (11) copies of the development application
and plans shall be submitted to the town Clerk, who shall give the
applicant a dated receipt. Within three (3) days of receipt of
said application, the Town Clerk shall transmit the original and
eight (8) copies to the Planning Board, one (1) copy each to the
Board of Health, Building Inspector, and Conservation Commission.
5.5.5 The Planning Board shall hold a Public Hearing on said application
and shall consider the recommendations of the Board of Health,
Town Engineer, Conservation Agent, Building Inspector, and other
Town professionals or agencies if such information is submitted as
part of the transcript of the Public Hearing. The Public Hearing
shall be held in accordance with Chapter 40A of the Massachusetts
General Laws.
5.5.6 No special permit shall be approved until the designated special
permit granting authority has determined that the application and
plans meet the submission and technical requirements of this bylaw
as well as the following oriteria:
5.5.6.1 Promotion of health, safety, convenience, general welfare and
amenities of the inhabitant of the Town.
5.5.6.2 Protection of adjoining premises and general neighborhood from any
detrimental use of the tract or lot.
5.5.6.3 Convenience, safety and adequacy of vehicular and pedestrian traf-
fic and movement within the site and in relation to adjacent
streets, properties, or improvements.
5.5.6.4 Adequacy of all other municipal facilities relative to fire and
police protection and other municipal services to meet with the
needs of the proposed development.
5.5.7 Approval of a Special Permit by the designated granting authority
will be interpreted as a positive recommendation to the Building
Inspector insofar as Site Plan Review is concerned.
ARTICLE 14 -Vote
Move the Town accept the following changes to the Town of Mansfield Zoning By-
Laws.
Article 14
Page 4 of 6
AMENDMENT TO ADMINISTRATION SECTION ON SPECIAL PERMIT APPLICATIONS
Add a new Section 5.5 Special Permits to read as follows:
5.5 SPECIAL PERMITS
5.5.1 Certain uses are designated in this bylaw as requiring a special
permit. The Board of Appeals and the Planning Board may, in
accordance with Chapter 40A of the General Laws, grant such spe-
cial permits. Application for a special permit must be made by
the owner of the property noted in the permit or with the owner's
written permission. Special permits may be issued only following
public hearings held within 65 days after an application and in
accordance with the requirements of Chapter 40A of the General
Laws and this bylaw.
5.5.2 Unless otherwise stated, all applications for a special permit
shall consist of the following.
5.5.2.1 Three (3) completed copies of the appropriate site plan applica-
tion.
5.5.2.2 The original and eleven (11) blueline prints of the site plan at a
scale of 1" =401.
5.5.3 The following items must be included on the site plan:
5.5.3.1 proposed name of
the of
the
north arrow.
5.5.3.2 Site boundary, dimension of the lot(s), plat and lot numbers, and
zoning district.
5.5.3.3 Stamp of the registered civil engineer and registered land sur-
veyor who prepare the plan.
5.5.3.4 Topography (two -foot contours), slopes, kettle holes, and bedrock
outcrops.
5.5.3.5 Size (in square feet) and dimension of existing and proposed
structures and buildings.
5.5.3.6 Location of any
and driveway
openings, p
located on or within one hundred (100) feet of the development
site.
Article 14
Page 5 of 6
5.5.3.7 Location of any drainage swales, wetlands, streams, ponds, and
Water Supply Protection Districts on or within two hundred (200)
feet of the site.
5.5.3.8 Accurate locations and dimensions of vehicular driveway entrances
and exits, fire lanes, pedestrian walkways, bikeways, and other
transportation routes, signs, hydrants, and methods of screening
refuse and service facilities.
5.5.3.9 Names and accurate location of any public or private ways abutting
the property.
5.5.3.10 Names of all abutting property owners.
5.5.3.11 Information on,the percentage of lot covered by structures, park-
ing areas, wetlands, and the amount of remaining open space.
5.5.3.12 Detailed parking and traffic circulation plan -
5.5.3.13 In the Industrial districts, detailed grading, drainage, and ero-
sion control plans designed to the one hundred (100) year
frequency storm. All drainage pipes shall be sized to accommodate
the twenty -five (25) year frequency storm. In all other districts
detailed grading, drainage and erosion control plans shall be
designed to conform to standard engineering practice.
5.5.3.14 Detailed landscaping and outside lighting plan.
5.5.3.15 Utility plan.
5.5.3.16 Locus plan at 1" = 1,0001.
5.5.3.17 All facilities for sewage, refuse, and other waste disposal.
5.5.3.18 Such other information as may be required by the Planning Board or
its agent which is pertinent to the application before the Board.
5.5.4 The original and eleven (11) copies of the development application
and plans shall be submitted to the town Clerk, who shall give the
applicant a dated receipt. Within three (3) days of receipt of
said application, the Town Clerk shall transmit the original and
eight (8) copies to the Planning Board, one (1) copy each to the
Board of Health, Building Inspector, and Conservation Commission.
5.5.5 The Planning Board shall hold a Public Hearing on said application
and shall consider the recommendations of the Board of Health,
Town Engineer, Conservation Agent, Building Inspector, and other
Town professionals or agencies if such information is submitted as
Article 14
Page 6 of 6
part of the transcript of the Public Hearing. The Public Hearing
shall be held in accordance with Chapter 40A of the Massachusetts
General Laws.
5.5.6 No special permit shall be approved until the designated special
permit granting authority has determined that the application and
plans meet the submission and technical requirements of this bylaw
as well as the following criteria:
5.5.6.1 Promotion of health, safety, convenience, general welfare and
amenities of the inhabitant of the Town.
5.5.6.2 Protection of adjoining premises and general neighborhood from any
detrimental use of the tract or lot.
5.5.6.3 Convenience, safety and adequacy of vehicular and pedestrian traf-
fic and movement within the site and in relation to adjacent
streets, properties, or improvements.
5.5.6.4 Adequacy of all other municipal facilities relative to fire and
police protection and other municipal services to meet with the
needs of the proposed development.
5.5.7 Approval of a Special Permit by the designated granting authority
will be interpreted as a positive recommendation to the Building
Inspector insofar as Site Plan Review is concerned.
Vote declared unanimously in favor by Moderator - Show of hands
Reconsideration failed.
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16, 1989
Special Town Meeting. Said meeting was held at 7:30 P.M. in the Mansfield
High School Auditorium, Bast Street, Mansfield, Massachusetts. A quorum was
present and voting.
ARTICLE 15
To see if the Town will vote to accept the following changes to the Town of
Mansfield Zoning By -Laws, or to take any action in relation thereto:
AMENDMENT TO ESTABLISH SPECIAL PERMIT REQUIREMENTS FOR RESOURCE RECOVERY
FACILITIES, LANDFILLS AND REFUSE DUMPING GROUNDS.
A. Add a new section to read as follows:
5.9 Resource Recovery Facility and Landfill Special Permit Require-
ments.
5.9.1 Purpose and Scope - This special permitting section is intended to
protect public health, safety and welfare by comprehensively
regulating inherently hazardous uses of refuse incineration,
landfilling and refuse dumping grounds. This section shall apply
to any person who desires to construct, expand, maintain, operate,
keep or sustain a facility, in accordance with these by -laws,
whether or not such facility is in operation and whether or not
such facility has been closed.
5.9.2 Application for Special Permit - No special permit shall be ap-
proved under this section unless the following have been met:
5.9.2.1 The procedures and requirements set forth in Section 5.5, Special
Permit, have been satisfied and,
5.9.2.2 The procedures and requirements set forth in Section 5.10.3, Man-
datory Site Suitability Criteria, have been satisfied and,
5.9.2.3 The procedures and requirements set forth in Section 5.10.14,
General Criteria, have been satisfied and,
Article 15
Page 2 of 12
5.9.2.4 The special permit shall contain and be contingent upon such con-
ditions as mandated by section 5.10.3 and,
5.9.2.5 The special permit shall contain and be contingent upon such addi-
tional conditions as the Planning Board, in its discretion, may
require.
5.9.3 Mandatory Site Suitability Criteria - In reviewing an application
for issuance or renewal of any special permit, the following
criteria are mandatory and must be satisfied before issuance of
any Special Permit:
5.9.3.1 Facilities may only be located in Industrial District #1, subject
to any limitations elsewhere contained in these Zoning By -Laws.
5.9.3.2 No person may receive a special permit for a resource recovery
facility if said facility will result in a combined incineration
rate greater than 150 tons by weight incinerated per day as
measured by the DEP for all facilities located within the
township.
5.9.3.3 All special permits, whether first issued or upon application for
renewal, expansion, or otherwise, shall be conditioned upon
employing the then existing Best Available Technology and Control
Technology, ("BAT" AND "BACTU) and shall be subject to and upon
compliance with all by -laws and regulations of the Town of
Mansfield then in effect at the time of application.
5.9.3.4 No special permit shall be issued for resource recovery facilities
or landfills, where otherwise permitted in these Zoning By -Laws,
unless the resource recovery facility or landfill satisfies the
below listed minimum distance requirements:
Resource Recovery
Protected Use Landfills Facilities
Sole Source Aquifer
recharge area
Banned
500ft
Private Wells
500ft
250ft
Height above Groundwater
loft
loft
Residential Zone
2,000ft
2,000ft
Wetlands Resource Area
250ft
250ft
100 -year Floodplain
Banned
Banned
Upgradient of a wellhead
15,000ft
500ft
Zone II
Banned
500ft
Interim Water Protection
2,640ft
500ft
Area
Surface Water Supply
Upgradient
2,500ft
500ft
Surface Water Supply
Downgradient
500ft
250ft
Article 15
Page 3 of 12
5.9.3.4.1 The distance shall be measured,from the Resource Recovery facility
or landfill to the protected use as listed above. Actual dis-
tances shall be included as part of the section 5.5 Special Per-
mit. To determine if a lot contains protected use, the Planning
Board shall make a determination consistent with the definitions
promulgated in rules and regulations by DEP, if any, for each
protected use.
5.9.3.5 All persons receiving a special permit hereunder shall satisfy the
Bonding Requirements as shall be determined by the Planning Board.
The purpose of the Bonding Requirements are to assure that all
persons receiving special permits hereunder will faithfully per-
form all conditions of a special permit and to ensure that the
Town of Mansfield will have sufficient liability coverage in the
event of bankruptcy, involuntary facility closure or other event,
including but not limited to environmental harm requiring im-
mediate risk assessment and /or environmental cleanup.
5.9.3.5.1 The Bonding Requirements stated in 310 C14R 30.411 shall act as
discretionary guidance to the Planning Board.
5.9.3.5.2 The term Bonding Requirements as used herein shall mean a Bond
with surety or an irrevocable letter of credit of any bank accept-
able to the Planning Board, payable to the Town of Mansfield.
5.9.3.5.3 The amount of Bonding Requirement shall be $10,000 at a minimum
and be in an amount sufficient to assure the purposes stated in
5.10.3.5.
5.9.3.6 No special permit may be transferred or assigned without prior
Planning Board approval. If a special permit is transferred or
assigned it shall automatically be void. without limiting the
conditions upon which a special permit may be revoked, voided or
canceled, in the event of bankruptcy or dissolution of any person
receiving a special permit, said special permit may be voided.
5.9.4 General Criteria - In reviewing an application for issuance or
renewal of any special permit, the following are general criteria
for consideration:
5.9.4.1 All documents, reports, studios, determinations and findings
resulting from the section 150A of Chapter 111 site assignment
process.
5.9.4.2 The number of toxic air pollutants emitted or potentially emitted
into the environment and the facility's ability to test and con-
trol each. Special consideration to the frequency and complete-
ness of testing should be given.
Article 15
Page 4 of 12
5.9.4.3 The number of toxic water and ground pollutants emitted or poten-
tially emitted into the environment and the facility's ability to
test and control each. Special consideration to the frequency and
completeness of testing should be given.
5.9.4.4 The method of handling, storing, transporting and disposing of in-
oinerator ash. The existence of a long term contract with a
landfill for ash disposal and alternative disposal means for all
refuse in the event of temporary closure.
5.9.4.5 The Special Permit submitted pursuant to Section 5.5.
5.9.4.6 Demand on Town wells or local aquifers for water.
5.9.4.7 Adequacy of municipal fire equipment.
5.9.4.8 Rodent, insect, odor, noise, traffic and other nuisance control.
5.9.4.9 Ability to direct truck traffic away from residential roadways and
dangerous intersections; increase in traffic.
5.9.4.10 In order to determine potential hazards, effectively analyze the
suitability of the facility's proposed operations, ensure adequate
safeguards, monitor performance and identify all potential
liabilities, any person seeking the issuance of a special permit
hereunder shall submit the below listed plans. The scope of each
plan shall be within the discretion of the Planning Board; 310 CMR
502 through 310 CMR 30.545 may be informational guidance for the
Board.
5.9.4.10.1 The General Refuse Analysis Plan by obtaining a detailed chemical
and physical analysis of a representative sample of all refuse and
other substances that will be released into the local air, water
and soil. The analysis shall include the EP Toxicity Test
described in 310 CMR 30.125 and 310 C14R 30.155 if refuse in-
cinerator ash will be at the facility. At a minimum this analysis
shall contain all the information which needs to be known to
treat, store, use, incinerate, transport or dispose of the refuse
and other substances to be released into the environment, in com-
pliance with all applicable law.
The plan should identify all toxic substances and quantities that
may be released into the local environment. Without limiting the
generality of the foregoing, the plan shall identify the toxic
substances in: incinerate ash leaohate, particulate matter air
emissions, gaseous emissions, migrant dust and waste water
releases.
Article 15
Page 5 of 12
The plan should identify testing and sampling methods for all
identified toxic substances with particular emphasis on the
frequency of testing.
The plan should identify the procedures to inspect and analyze all
incoming refuse in order to ensure the absence of hazardous waste
and other prohibited refuse.
5.9.4.10.2 The Inspection Plan should model the scope of 310 CMR 30.515, as
applicable.
5.9.4.10.3 Emergency Avoidance Plan designed to prevent and to minimize
hazards to the public or the environment from fire, explosions,
spills or any other unplanned release of toxic substances into the
air, soil, surface water or ground water. Effective employee
training, equipment maintenance schedules and equipment replace-
ment schedules should be included.
5.9.4.10.4 The Emergency Closure Plan designed to outline the conditions and
procedures under which temporary facility closures will occur.
Emergency closures are closures resulting from fire, explosions,
spills or any other unplanned release of toxic substances into the
air, soil, surface water or ground water. Rapid notice to the
public and Town should be part of the plan. Environmental risk
assessments designed to quantify public and environmental harm
following emergency closures, with probable liability costs,
should be part of the plan.
5.9.4.10.5 The Permanent Closure Plan designed to outline the conditions,
procedures and probable costs associated with planned permanent
closure at the end of the facility's life span. Unplanned per-
manent closure should also be included.
5.9.4.11 Such other criteria as the Planning Board may deem appropriate.
5.9.5 Administration
5.9.5.1 The Planning Board may employ experts and charge a special ap-
plication fee to defray the cost of experts, as may be permitted
by law.
5.9.5.2 The applicant for a special permit shall submit all special permit
materials simultaneously to the Planning Board and Board of
Health.
5.9.5.3 In no case shall a special permit be issued prior to completion of
Board of Health site assignment.
Article 15
Page 6 of 12
5.9.5.4 In no case shall a special permit application be submitted to the
Planning Board for their consideration until any and all other
permits, certifications and approvals for any use covered by this
section have been received.
DEFINITIONS
B. To add to Section I.E. a new Section 1.5 the following definitions:
1.5.34 Hazardous Waste: any refuse or material determined to be hazard-
ous waste pursuant to Chapter 21C of the Massachusetts General
Laws or the regulations promulgated thereunder at 310 CMR 30.00 et
seq.; or any waste or material determined to be hazardous waste
pursuant to the by -laws and regulations of Mansfield, if any.
1.5.35 Landfill: any refuse dumping ground, sanitary landfill, solid
waste landfill, or any other works or facility that disposes or
places refuse into the land and is subject to Section 150A of
Chapter 111 of the General Laws of Massachusetts.
1.5.36 Person: any public or private corporation, individual, trust,
firm, joint stock company, joint venture, partnership, associa-
tion, or other entity, and any officer, employee or agent of said
person, and any group of said persons.
1.5.37 Refuse: all solid or liquid waste materials, including garbage
and rubbish, refuse incinerator ash and sludge, but not including
sewage, and those materials defined as hazardous wastes in Section
2 of Chapter 21C of the Massachusetts General Laws and those
materials defined as source, special nuclear or by- product
material under the provisions of the Atomic Energy Act of 1954.
1.5.38 Resource Recovery Facility: a refuse incinerator rated by the Mas-
sachusetts Department of Environmental Protection ("DEP°) at more
than one ton of refuse per hour or other facility for incinerating
refuse that is subject to Section 150A of Chapter 111 of the Mas-
sachusetts General Laws.
ARTICLE 15 - Vote
Move the Town accept the following changes to the Town of Mansfield Zoning By-
Law.
AMENDMENT TO ESTABLISH SPECIAL PERMIT REQUIREMENTS FOR RESOURCE RECOVERY
FACILITIES, LANDFILLS AND REFUSE DUMPING GROUNDS.
A. Add a new section to read as follows:
Article 15
Page 7 of 12
5.9 Resource Recovery Facility and Landfill Special Permit Require-
ments.
5.9.1 Purpose and Scope - This special permitting section is intended to
protect public health, safety and welfare by comprehensively
regulating inherently hazardous uses of refuse incineration,
landfilling and refuse dumping grounds. This section shall apply
to any person who desires to construct, expand, maintain, operate,
keep or sustain a facility, in accordance with these by -laws,
whether or not such facility is in operation and whether or not
such facility has been closed.
5.9.2 Application for Special Permit - No special permit shall be ap-
proved under this section unless the following have been met:
5.9.2.1 The procedures and requirements set forth in Section 5.5, Special
Permit, have been satisfied and,
5.9.2.2 The procedures and requirements set forth in Section 5.10.3, Man-
datory Site Suitability Criteria, have been satisfied and,
5.9.2.3 The procedures and requirements set forth in Section 5.10.4,
General Criteria, have been satisfied and,
5.9.2.11 The special permit shall contain and be contingent upon such con-
ditions as mandated by section 5.10.3 and,
5.9.2.5 The special permit shall contain and be contingent upon such addi-
tional conditions as the Planning Board, in its discretion, may
require.
5.9.3 Mandatory Site Suitability Criteria - In reviewing an application
for issuance or renewal of any special permit, the following
criteria are mandatory and must be satisfied before issuance of
any Special Permit:
5.9.3.1 Facilities may only be located in Industrial District P1, subject
to any limitations elsewhere contained in these Zoning By -Laws.
5.9.3.2 No person may receive a special permit for a resource recovery
facility if said facility will result in a combined incineration
rate greater than 150 tons by weight incinerated per day as
measured by the DEP for all facilities located within the
township.
5.9.3.3 All special permits, whether first issued or upon application for
renewal, expansion, or otherwise, shall be conditioned upon
employing the then existing Best Available Technology and Control
Technology, ("BAT" AND 11BACT11) and shall be subject to and upon
Article 15
Page 8 of 12
compliance with all by -laws and regulations of the Town of
Mansfield then in effect at the time of application.
5.9.3.4 No special permit shall be issued for resource recovery facilities
or landfills, where otherwise permitted in these Zoning By -Laws,
unless the resource recovery facility or landfill satisfies the
below listed minimum distance requirements:
Resource Recovery
Protected Use Landfills Facilities
Sole Source Aquifer
recharge area
Banned
500ft
Private Wells
500ft
250ft
Height above Groundwater
loft
loft
Residential Zone
2,000ft
2,000ft
Wetlands Resource Area
250ft
250ft
100 -year Floodplain
Banned
Banned
Upgradient of a wellhead
15,00oft
500ft
Zone II
Banned
500ft
Interim Water Protection
2,640ft
500ft
Area
Surface Water Supply
Upgradient
2,500ft
500ft
Surface Water Supply
Downgradient
500ft
250ft
5.9.3.4.1 The distance shall be measured from the Resource Recovery facility
or landfill to the protected use as listed above. Actual dis-
tances shall be included as part of the section 5.5 Special Per-
mit. To determine if a lot contains protected use, the Planning
Board shall make a determination consistent with the definitions
promulgated in rules and regulations by DBP, if any, for each
protected use.
5.9.3.5 All persons receiving a special permit hereunder shall satisfy the
Bonding Requirements as shall be determined by the Planning Board.
The purpose of the Bonding Requirements are to assure that all
persons receiving special permits hereunder will faithfully per-
form all conditions of a special permit and to ensure that the
Town of Mansfield will have sufficient liability coverage in the
event of bankruptcy, involuntary facility closure or other event,
including but not limited to environmental harm requiring im-
mediate risk assessment and /or environmental cleanup.
5.9.3.5.1 The Bonding Requirements stated in 310 CMR 30.411 shall act as
discretionary guidance to the Planning Board.
Article 15
Page 9 of 12
5.9.3.5.2 The term Bonding Requirements as used herein shall mean a Bond
with surety or an irrevocable letter of credit of any bank accept-
able to the Planning Board, payable to the Town of Mansfield.
5.9.3.5.3 The amount of Bonding Requirement shall be $10,000 at a minimum
and be in an amount sufficient to assure the purposes stated in
5.10.3.5.
5.9.3.6 No special permit may be transferred or assigned without prior
Planning Board approval. If a special permit is transferred or
assigned it shall automatically be void. Without limiting the
conditions upon which a special permit may be revoked, voided or
canceled, in the event of bankruptcy or dissolution of any person
receiving a special permit, said special permit may be voided.
5.9.4 General Criteria - In reviewing an application for issuance or
renewal of any special permit, the following are general criteria
for consideration:
5.9.4.1 All documents, reports, studies, determinations and findings
resulting from the section 150A of Chapter 111 site assignment
process.
5.9.4.2 The number of toxic air pollutants emitted or potentially emitted
into the environment and the facility's ability to test and con-
trol each. Special consideration to the frequency and complete-
ness of testing should be given.
5.9.4.3 The number of toxic water and ground pollutants emitted or poten-
tially emitted into the environment and the facility's ability to
test and control each. Special consideration to the frequency and
completeness of testing should be given.
5.9.4.4 The method of handling, storing, transporting and disposing of in-
cinerator ash. The existence of a long term contract with a
landfill for ash disposal and alternative disposal means for all
refuse in the event of temporary closure.
5.9.4.5 The Special Permit submitted pursuant to Section 5.5.
5.9.4.6 Demand on Torn wells or local aquifers for water.
5.9.4.7 Adequacy of municipal fire equipment.
5.9.4.8 Rodent, insect, odor, noise, traffic and other nuisance control.
5.9.4.9 Ability to direct truck traffic away from residential roadways and
dangerous intersections; increase in traffic.
Article 15
Page 10 of 12
5.9.4.10 In order to determine potential hazards, effectively analyze the
suitability of the facility's proposed operations, ensure adequate
safeguards, monitor performance and identify all potential
liabilities, any person seeking the issuance of a special permit
hereunder shall submit the below listed plans. The scope of each
plan shall be within the discretion of the Planning Board; 310 CMR
502 through 310 CMR 30.545 may be informational guidance for the
Board.
5.9.4.10.1 The General Refuse Analysis Plan by obtaining a detailed chemical
and physical analysis of a representative sample of all refuse and
other substances that will be released into the local air, water
and soil. The analysis shall include the EP Toxicity Test
described in 310 CMR 30.125 and 310 CMR 30.155 if refuse in-
cinerator ash will be at the facility. At a minimum this analysis
shall contain all the information which needs to be known to
treat, store, use, incinerate, transport or dispose of the refuse
and other substances to be released into the environment, in com-
pliance with all applicable law.
The plan should identify all toxic substances and quantities that
may be released into the local environment. Without limiting the
generality of the foregoing, the plan shall identify the toxic
substances in: incinerate ash leaehate, particulate matter air
emissions, gaseous emissions, migrant dust and waste water
releases.
The plan should identify testing and sampling methods for all
identified toxic substances with particular emphasis on the
frequency of testing.
The plan should identify the procedures to inspect and analyze all
incoming refuse in order to ensure the absence of hazardous waste
and other prohibited refuse.
5.9.4.10.2 The Inspection Plan should model the scope of 310 C14R 30.515, as
applicable.
5.9.4.10.3 Emergency Avoidance Plan designed to prevent and to minimize
hazards to the public or the environment from fire, explosions,
spills or any other unplanned release of toxic substances into the
air, soil, surface water or ground water. Effective employee
training, equipment maintenance schedules and equipment replace-
ment schedules should be included.
5.9.4.10.4 The Emergency Closure Plan designed to outline the conditions and
procedures under which temporary facility closures will occur.
Emergency closures are closures resulting from fire, explosions,
spills or any other unplanned release of toxic substances into the
Article 15
Page 11 of 12
air, soil, surface water or ground water. Rapid notice to the
public and Town should be part of the plan. Environmental risk
assessments designed to quantify public and environmental harm
following emergency closures, with probable liability costs,
should be part of the plan.
5.9.4.10.5 The Permanent Closure Plan designed to outline the conditions,
procedures and probable costs associated with planned permanent
closure at the end of the facility's life span. Unplanned per-
manent closure should also be included.
5.9.4.11 Such other criteria as the Planning Board may deem appropriate.
5.9.5 Administration
5.9.5.1 The Planning Board may employ experts and charge a special ap-
plication fee to defray the cost of experts, as may be permitted
by law.
5.9.5.2 The applicant for a special permit shall submit all special permit
materials simultaneously to the Planning Board and Board of
Health.
5.9.5.3 In no case shall a special permit be issued prior to completion of
Board of Health site assignment.
5.9.5.4 In no case shall a special permit application be submitted to the
Planning Board for their consideration until any and all other
permits, certifications and approvals for any use covered by this
section have been received.
B. To add to Section I.E. a new Section 1.5 the following definitions:
1.5.34 Hazardous Waste: any refuse or material determined to be hazard-
ous waste pursuant to Chapter 21C of the Massachusetts General
Laws or the regulations promulgated thereunder at 310 C14R 30.00 at
seq.; or any waste or material determined to be hazardous waste
pursuant to the by -laws and regulations of Mansfield, if any.
1.5.35 Landfill: any refuse dumping ground, sanitary landfill, solid
waste landfill, or any other works or facility that disposes or
places refuse into the land and is subject to Section 150A of
Chapter 111 of the General Laws of Massachusetts.
1.5.36 Person: any public or private corporation, individual, trust,
firm, joint stock company, joint venture, partnership, associa-
tion, or other entity, and any officer, employee or agent of said
person, and any group of said persons.
Article 15
Page 12 of 12
1.5.37
1.5.38
including garbage
all solid or liquid waste mandrsludge, but not including
Refuse: as hazardous wastes in Section
and rubbish, refuse incinerator ash those
and those materials defined General Laws and ho
sewage, ter 21C of the Massachusetts or byP
2 of Chap source, special nuclear Act of 1954.
defined asrovisions of the Atomic Energy
materials the Mas-
material under the p „ at more
a refuse incinerator rated by
Facility: rotection
Resource ReC evartment of Environmental P for incinerating
sachusetts D pof refuse per
hour or otheoffChapter 111 of the Mas-
than one ton subject to Section
150A
refuse that is aws.
sachusetts General L
Voted favorably 153 in favor - 6 opposed:
Reconsideration failed
A TRUE COPY
ATTEST_ To Clerk
Judith F. Scott,
Standing vote count
THE COMMONWEALTH OF MASSACHUSETTS
November 9, 1989
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16, 1989
Special Town Meeting. Said meeting was held at 7:30 P.M. in the Mansfield
High School. Auditorium, East Street, Mansfield, Massachusetts. A quorum was
present and voting.
ARTICLE 16
To see if the Town will vote, under Chapter 767, Section 3 of the Acts of
1987, to accept the provisions of Chapter 71, Section 7A to allow for the
claiming of reimbursement for transportation expenses to and /or from day
care centers as defined by part (b) of said Chapter 71, or to take any ac-
tion in relation thereto.
SPONSOR: School Committee
ARTICLE 16 - Vote
Move that the Town accept, under Chapter 767, Section 3 of the Acts of
1987, the provisions of Chapter 71, Section 7A to allow for the claiming of
reimbursement for transportation expenses to and /or from day care centers
as defined by part (b) of said Chapter 71, Section 7A.
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST: _ _ _
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
November 9, 1989
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16,
1989 Special Town Meeting. Said meeting was held at 7:30 P.M. in the
Mansfield High School Auditorium, East Street, Mansfield, Massachusetts.
A quorum was present and voting.
ARTICLE 20
To see if the Town will vote to authorize its Board of Selectmen to sell
four parcels of land located on either side of newly constructed road be-
tween Balcom Ridge Subdivision I and Balcom Ridge Subdivision II off Balcom
Street in West Mansfield at the minimum price of the appraised value plus
the the cost of the appraisal to Global Realty Trust as the holder of the
Right of First Refusal on these properties, or failing Global Realty
Trust's exercise of its Right of First Refusal, to the highest bidder at
public auction at the minimum price of the appraised value plus the cost of
the appraisal; a more particular description of the parcels to be sold
follows:
Lot 1:
Beginning at the Southwest corner of said lot on the Northerly side
of North White Pine Lane. Thence running N0lo- 40111" W 156.651; thence
running N850-53' -1111 E 254.231; thence running S010- 36' -19" E 174.591;
thence running S880- 23' -42" W 211.041; thence running clockwise by a curve
with a radius of 137.79' for a length of 43.49; then point of beginning
said last two courses are by the Northerly sideline of North White Pine
Lane. Said lot containing 42,819 s.f.,
Lot 2:
Beginning at the Southwest corner of said lot on the Northerly side
of North White Pine Lane. Thence running N010- 36119" W 174.59 "; thence
running N850- 53' -11" E 160.27'; thence running S120- 28' -40" E 184.921;
thence running S880- 23' -42" W 195.001, along the Northerly side of North
White Pine Lane to the point of said lot containing 31,684 s.f.
November 9, 1989
Page 2 of 2
Lot 3:
Beginning at a point on the Southerly side of North White Pine Lane
said point being the North West corner of the lot. Thence running coun-
terclockwise on a curve having a radius of 187.79' for a _length of 43.09'
along the Southerly sideline of North White Pine Lane; thence running k880-
231-4211 E 250.64' along the Southerly sideline of North White Pine Lane;
thence running S010- 36' -19" E 179.551; thence running S880- 58' -57" W
293.17'; thence running NOto -40 -11 W 181.46' to the point of beginning.
Said lot containing 52,280 s.f.
Lot 14:
Beginning at a point on the Southerly side of North Pine Lane said
point being the North West corner of the lot. Thence running N880- 23' -42"
E 165.001; thence running S120- 28' -43" E 184.921; thence running S880-581-
5711 W 199.89'; thence running N010- 36' -19" W 179.551, to the point of
beginning. Said lot containing 32,926 s.f.
Lots 1 -4 are shown on plan entitled Plan of Land in Mansfield, 14A prepared
for Nicholas C. Harris. Dated 9/15/89 by Hutchins- Trowbridge Associates,
Inc.
or to take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 20 - Vote
Move that the Town authorize its Board of Selectmen to sell up to four par-
cels of land located on either side of a newly constructed road (to be
known as North Pine Lane) between Balcom Ridge Subdivision I and Balcom
Ridge Subdivision II off Balcom Street in West Mansfield at a price not
less than the minimum appraised value plus the the cost of the appraisal
and related legal fees to Global Realty Trust as the holder of the Right of
First Refusal on these properties, or failing Global Realty Trust's exer-
cise of its Right of First Refusal, to the highest bidder at public auction
at the minimum price of the appraised value plus the cost of the appraisal
and related legal fees.
A more particular description of the parcels which may be sold can be found
on a plan entitled "Plan of Land in Mansfield, Mass, prepared by Hutchins -
Trowbridge Associates, Inc. dated September 15, 1989 for Nicholas C. Har-
ris, P. 0. Box 654, Canton, Mass." on file at the Mansfield Town Hall and
at the Bristol County Registry of Deeds, and is as follows:
November 9, 1989
Page 3 of 3
Lot 1:
Beginning at the Southwest corner of said lot on the Northerly side
of North White Pine Lane. Thence running Nolo- 4011111 W 156.651; thence
running N850- 53' -11" E 254.231; thence running S010- 36' -19" E 174.591;
thence running S880- 23' -42" W 211.041; thence running clockwise by a curve
with a radius of 137.79' for a length of 43.49; then point of beginning
said last two courses are by the Northerly sideline of North White Pine
Lane. Said lot containing 42,819 s.f.,
Lot 2:
Beginning at the Southwest corner of said lot on the Northerly side
of North White Pine Lane. Thence running N010- 36119" W 174.59 "; thence
running N850- 53' -11" E 160.27'; thence running S120- 28' -40" E 184.921;
thence running S880- 23' -42" W 195.001, along the Northerly side of North
White Pine Lane to the point of said lot containing 31,684 s.f.
Lot 3:
Beginning at a point on the Southerly side of North White Pine Lane
said point being the North West corner of the lot. Thence running coun-
terclockwise on a curve having a radius of 187.79' for a length of 43.09'
along the Southerly sideline of North White Pine Lane; thence running N880-
231-420 E 250.64' along the Southerly sideline of North White Pine Lane;
thence running S010- 36' -19" E 179.551; thence running S880- 58' -57" W
293.17'; thence running N010-40 -11 W 181.46' to the point of beginning.
Said lot containing 52,280 s.f.
Lot 24:
Beginning at a point on the Southerly side of North Pine Lane said
point being the North West corner of the lot. Thence running N880- 23' -42"
E 165.001; thence running S120- 28' -43" E 184.921; thence running S880-581-
5711 W 199.891; thence running N010- 36' -19" W 179.551, to the point of
beginning. Said lot containing 32,926 s.f.
Lots 1 -4 are shown on plan entitled Plan of Land in Mansfield, MA prepared
for Nicholas C. Harris. Dated 9/15/89 by Hutchins- Trowbridge Associates,
Inc.
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST: _
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16,
1989 Special Town Meeting. Said meeting was held at 7:30 P.M. in the
Mansfield High School Auditorium, East Street, Mansfield, Massachusetts.
A quorum was present and voting.
ARTICLE 22
To see if the Town will vote to amend the Zoning By -Law and amend the Town
Zoning Map to the extent necessary to rezone certain parcels of land from
its present classification which is agriculture to the classification of
general business or business 3 under new master plan. The following par-
cels of land situated on the southerly side of East Street (Route 106) as
shown on assessors map, page 33 parcels 21 and 22.
The above mentioned parcels described as follows, parcel 21 is triangular
in shape and is bounded northeasterly by East Street 116 feet more or less;
northwesterly by land now owned by Bismark Realty Trust 483 feet more or
less; southerly by land owned by Bismark Realty Trust 520 feet more or
less.
Parcel 22, the land in Mansfield, Bristol County, Massachusetts situated on
the southerly side of East Street (Route 106) containing four (4) acres
more or less bounded and described as follows, beginning at northwesterly
corner thereof, in the southerly line of East Street, thence running S 510
40' W 31 rods 18 links; thence S 5700 45' E 30 rods 3 links; thence N 170
30' E 33 rods 18 links to said street; thence N 710 5' W by said street 11
rods 10 links to the first mentioned corner.
This land consists of two continuous parcels described as follows as shown
on town zoning map 33 as parcel 20, 1st parcel.
Beginning at a point in the southerly line of East Street at a concrete
bound; thence running south 290 26' west 477.54 feet to a hole in the cen-
ter of a metal shaft, thence running south 510 30' west by land now owned
by Peter DeGirolamo & Sons, Inc. about 388 feet to a point thence running
south 330 30' west by land now or formerly of Flint about 168 feet to a
point; thence running south 550 00' west by land now or formerly of Flint
about 552 feet to the Canoe River thence running north by Canoe River to a
stake and stones by the dam at land now or formerly of Eliza Ellis, thence
Article 22
Page 2 of 3
running north 580 30' east by land now or formerly of said Ellis about
427.30 feet to a drill hole and a stonewall thence running south 300 30,
west by parcel c as shown on said plan about 146.87 feet to a concrete
bound thence running north 590 30' east by said parcel c as shown on said
plan about 183 feet to a point, thence running south 680 24' 17" east by
parcel d and parcel a as shorn on said plan about 148 feet and 168 feet
respectively, to a point; thence running north 290 26' 001, east by lot a as
shown on said plan about 263 feet to a point; thence running easterly by
the southerly line of East Street 42 feet to the point of beginning.
2nd Parcel:
Beginning at southerly corner of the premises conveyed at a point in the
southerly line of land now owned by Peter DeGirolamo & Sons, Inc. distant
150 feet south 680 24' 1711 east from the south westerly corner of said
Peter DeGirolamo land thence running south 680 24' 17" east by the first
parcel above described 18 feet to a corner; thence running north 290 26,
00" east still by said first parcel 263 feet more or less to the southerly
line of East Street; thence running westerly by the southerly line of East
Street by a curve of radius 2,030 feet, an arc distance of 18 feet to a
corner and thence running southerly by said land now or formerly Gladys E.
Conrad 263 feet more or less to a beginning, or to take any action in rela-
tion thereto.
BY PETITION: Peter M. DeGirolamo, Jr.
382 Franklin Street
ARTICLE 22 - Vote
Move the Town amend the Zoning By -law and amend the Town Zoning map to the
extent necessary to rezone certain parcels of land from its present class-
ification which is agriculture to the classification of general business or
business 3 under the new master plan. The following parcels of land
situated on the southerly side of East Street (Route 106) as shown on
assessors map, page 33 parcels 21 and 22.
The above mentioned parcels described as follows: parcel 21 is triangular
in shape and is bounded northeasterly by East Street 116 feet more or less;
northwesterly by land now owned by Peter DeGirolamo & Sons, Inc. 483 feet
more or less; southerly by land owned by Peter DeGirolamo & Sons, Inc. 520
feet more or less.
Parcel 22, the land in Mansfield, Bristol County, Massachusetts situated on
the southerly side of East Street (Route 106) containing four (4) acres
more or less bounded and described as follows: beginning at northwesterly
corner thereof, in the southerly line of East Street, thence running S 510
40' W 31 rods 18 links; thence s 570045' E 30 rods 3 links; thence N 170
30' E 33 rods 18 links to said street; thence N 710 5' W by said street 11
rods 10 links to the first mentioned corner.
Article 22
Page 3 of 3
This land consists of two continuous parcels described as follows as shown
on town assessors map 33 as parcel 20, first parcel.
Beginning at a point in the southerly line of East Street at a concrete
bound; thence running south 290 26' west 1477.54 feet to a hole in the cen-
ter of a metal shaft thence running westerly approximately 395' to a con-
crete bound thence running north 590 30' east by said parcel C as shown on
said plan about 183 feet to a point, thence running south 680 24' 1711 east
by parcel D and parcel E as shown on said plan about 148 feet and 168 feet
respectively, to a point; thence running north 290 26' 000 east by lot E as
shown on said plan about 263 feet to a point; thence running easterly by
the southerly line of East Street 42 feet to the point of beginning.
Second parcel. Beginning at southerly corner of the premises conveyed at a
point in the southerly line of land now owned by Peter DeGirolamo & Sons,
Inc. distant 150 feet south 680 24' 17° east from the south westerly corner
of said Peter DeGirolamo land thence running south 680 24' 17" east by the
first parcel above described 18 feet to a corner; thence running north 290
26' 0011 east still. by said first parcel 263 feet more or less to the
southerly line of East Street; thence running westerly by the southerly
line of East Street by a curve of radius 2,030 feet, an arc distance of 18
feet to a corner and thence running southerly by said land now or formerly
Gladys E. Conrad 263 feet more or less to the point of beginning.
Voted favorably - 89 in favor - 44 opposed: Standing vote count
Reconsideration failed
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16,
1989 Special Town Meeting. Said meeting was held at 7:30 P.M. in the
Mansfield High School Auditorium, East Street, Mansfield, Massachusetts.
A quorum was present and voting.
ARTICLE 1
To see if the Town will vote to authorize the use of a sum of money from
Free Cash and additional amounts from the Overlay Reserve to defray por-
tions of the 1989 -90 budget, or to take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 1 - Vote
Move that the Town authorize the use of $195,000 from Free Cash and
$250,000 from the Overlay Reserve to defray portions of the 1989 -90 budget.
Voted favorably - Majority vote - Show of hands
Reconsideration failed
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16,
1989 Special Town Meeting. Said meeting was held at 7:30 P.M. in the
Mansfield High School Auditorium, East Street, Mansfield, Massachusetts.
A quorum was present and voting.
ARTICLE 2
To see if the Town will vote to transfer a sum of money from Free
Cash into the Stabilization Fund, or to take any action in relation
thereto.
SPONSOR: Board of Selectmen
ARTICLE 2 - Vote
Move that the Town transfer $100,000 from Free Cash into the Stabilization
Fund.
Voted favorably - Majority vote - Show of hands
Reconsideration failed
A TRUE COPY
ATTEST
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16,
1989 Special Town Meeting. Said meeting was held at 7:30 P.M. in the
Mansfield High School Auditorium, East Street, Mansfield, Massachusetts.
A quorum was present and voting.
ARTICLE 3
To see if the Town will vote to transfer various amounts between department
appropriations to defray certain expenses of the municipal government
during the remainder of the fiscal year 1989 -90, or to take any action in
relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 3 - Vote
Move that the Town transfer the following amounts between department ap-
propriations to defray certain expenses of the municipal government during
the remainder of fiscal year 1989 -90:
TO:
Departmental Account
Expense Category
Amount
Boards & Commissions
Other Expense
$1,450
Treasurer /Collector
Personal Services
2,008
Accounting
Personal Services
196
DPW Highway
Personal Services
26,100
Town Manager
Other Expense
1,100
$30,854
FROM:
Departmental Account
Expense Category
Amount
DPW Engineering
Personal Services
$11,200
Debt Service
Capital Outlay
19,654
$30,854
Article 3
Page 2 of 2
Voted favorably - Majority vote - Show of hands
Reconsideration failed
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
November 9, 1989
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16,
1989 Special Town Meeting. Said meeting was held at 7:30 P.M. in the
Mansfield High School Auditorium, East Street, Mansfield, Massachusetts.
A quorum was present and voting.
ARTICLE 19
To see if the Town will vote to accept Chapter 213 of the Acts of 1989 of
Massachusetts General Court subsection (b) to (k) inclusive (amending Chap-
ter 90, Section 22B of Massachusetts General Laws) which authorizes the
Town to penalize those who abandon motor vehicles and which will expedite
and facilitate the removal of those vehicles, or to take any action in
relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 19 - Vote
Move that the Town accept Chapter 213 of the Acts of 1989 of Massachusetts
General Court subsection (b) to (k) inclusive (amending Chapter 90, Section
22B of Massachusetts General Laws) which authorizes the Town to penalize
those who abandon motor vehicles and which will expedite and facilitate the
removal of those vehicles.
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
November 9, 1989
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16,
1989 Special Town Meeting. Said meeting was held at 7:30 P.M. in the
Mansfield High School Auditorium, East Street, Mansfield, Massachusetts.
A quorum was present and voting.
ARTICLE 21
To see if the Town will vote to authorize its Board of Selectmen to sell a
parcel of land located at the corner of Shawmut Avenue and Rock Street con-
taining 3,600 square feet with no buildings thereon to the highest bidder
at public auction at the minimum appraised value plus the cost of the
appraisal; the parcel is further shown as Lot 89 on the Board of Assessor's
Map 24, and is recorded at Book 935 Page 487 of the Bristol County Registry
of Deeds, a more particular description of which follows:
A certain parcel of land on the west side of Rock Street bounded; beginning
at the northeast corner of the described premises at a point in the west
line of Rook Street, said point being 45 feet and 1/2 inch south from the
junction of Shawmut Avenue with Rock Street; thence running south by said
Street 45 feet and 1/2 inch to land now or formerly of J.F. Comey; thence
W. by land of said J. F. Comey 80 feet to a point; thence N. 45 feet, 4 1/2
inches to a point; thence east 80 feet, more or less to the point of begin-
ning.
Said parcel is the north half of Lot #12 shown on a plan by Howard Perkins
for the Mansfield Trust Co., of a tract of land known as the Camp Meeting
Grounds formerly owned by Earle S. Williams, dated November 1885.
or to take any action in relation thereto.
SPONSOR: Board of Selectmen
November 9, 1989
Page 2 of 2
ARTICLE 21 - Vote
Move that the Town authorize its Board of Selectmen to sell a parcel of
land located near the corner of Shawmut Avenue containing approximately
2,205 square feet with no buildings thereon to Sherman Cox at not less than
the minimun appraised value plus the cost of the appraisal and related
legal fees; the parcel is recorded in Book 935 Page 487 excepting the land
of two parcels, one recorded in Book 999, Page 134 and one in Book 1051,
Page 92, all of the Bristol County Registry of Deeds; a more particular
description of the parcel which may be sold follows:
A certain parcel of land on the south side of Shawmut Avenue bounded
as follows: beginning at the northeast corner of the described premises at
a point in the south line of Shawmut Avenue, said point being 31 feet west
from the junction of Shawmut Avenue with Rock Street; thence running
westerly by said Avenue 49 feet to land now or formerly of one Wellman;
thence southerly by land of said Wellman 45 feet, more or less, to land
now or formerly of one Sherman Cox; thence easterly by land of said Sherman
Cox 49 feet to a point; thence northerly 45 feet, more or less, to the
point of beginning.
Voted favorably as amended - Majority vote - Show of hands
A TRUE COPY
ATTEST
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16,
1989 Special Town Meeting. Said meeting was held at 7:30 P.M. in the
Mansfield High School Auditorium, East Street, Mansfield, Massachusetts.
A quorum was present and voting.
ARTICLE 4
To see if the Town will vote to authorize the use of a sum of money from
Free Cash for the payment of Fiscal Year 1988 -89 unpaid bills in the fol-
lowing amount, or to take any action in relation thereto.
Vendor
Amount
Department
Fernco Pump Service Inc.
$827.60
Wastewater
Mansfield Municipal Water Dept.
164.50
Wastewater
Camp Dresser & McKee Inc.
823.26
Wastewater
Gerald St. Hilaire
80.00
Wastewater
Norton Water Department
2,446.50
Wastewater
Tennis 95
80.00
School
Leohmere Sales
289.99
School
Standard Duplicator
48.00
School
TOTAL $4,759.85
SPONSOR: Board of Selectmen
ARTICLE 4 - Vote
Move that the Town use the following sum of money from Free Cash for the
payment of Fiscal Year 1988 -89 unpaid bills:
Vendor
Fernoo Pump Service Inc.
Mansfield Municipal Water Dept.
Camp Dresser & McKee Inc.
Gerald St. Hilaire
Norton Water Department
Tennis 95
Amount Department
$827.60
Wastewater
164.50
Wastewater
823.26
Wastewater
80.00
Wastewater
2,446.50
Wastewater
80.00
School
Article 4
Page 2
Vendor
Lechmere Sales
Standard Duplicator
Young Audiences of Massachusetts
TOTAL
Amount Department
289.99 School
48.00 School
510.00 School
$5,269.85
Vote declared unanimously in favor by Moderator - Show of hands
Reconsideration failed
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16,
1989 Special Town Meeting. Said meeting was held at 7:30 P.M. in the
Mansfield High School Auditorium, East Street, Mansfield, Massachusetts.
A quorum was present and voting.
ARTICLE 5
To see if the Town will vote to rescind Article 18 of the 1989 Annual Town
Meeting which authorized the purchase of the property at the corner of
North Main Street and Pleasant Street adjacent to the Main Headquarters of
the Mansfield Fire Department; said rescission is warranted since the
available funds intended for the purchase were not secured by the start of
the fiscal year 1989 -90. The description of the property containing 12,175
square feet is further identified as Lot 274, Mansfield Assessor's Map 24
and is recorded in Book 1569, page 200 of the Bristol County Registry of
Deeds, a more particular description of which follows:
The land in Mansfield, Bristol County, Massachusetts, situated on the cor-
ner of North Main Street and Pleasant Street with all the buildings thereon
and all the privileges and appurtenances thereto belonging, which is
bounded and described as follows:
Beginning at the northwest corner thereof, it being a corner of North Main
Street (formerly called Washington Street) and Pleasant Street; thence run-
ning S. 83 2/30 E. by said Pleasant Street a distance of 122 feet to a
point; thence running S. 6 1/30 W., by land now or formerly of one Davison
a distance of 100 feet, a corner; thence running N. 83 2/3 W. by land of
the Mansfield Fire District 121 1/2 feet to said North Main Street; thence
by said North Main Street a distance of 100 feet to the first mentioned
corner; be all the measurements and boundaries more or less and containing
by estimation 12,175 square feet more or less.
or to take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 5 - Vote
Move that the Town rescind Article 18 of the 1989 Annual Town Meeting which
authorized the purchase of the property at the corner of North Main Street
and Pleasant Street adjacent to the Main Headquarters of the Mansfield Fire
Article 5
Page 2
Department; said rescission is warranted since the available funds intended
for the purchase were not secured by the start of the fiscal year 1989 °90.
The description of the property containing 12,175 square feet is further
identified as Lot 274, Mansfield Assessor's Map 24 and is recorded in Book
1569, page 200 of the Bristol County Registry of Deeds,`a more particular
description of which follows:
The land in Mansfield, Bristol County, Massachusetts, situated on the cor-
ner of North Main Street and Pleasant Street with all the buildings thereon
and all the privileges and appurtenances thereto belonging, which is
bounded and described as follows:
Beginning at the northwest corner thereof, it being a corner of North Main
Street (formerly called Washington Street) and Pleasant Street; thence run-
ning S. 83 2/30 E. by said Pleasant Street a distance of 122 feet to a
point; thence running S. 6 1/30 W., by land now or formerly of one Davison
a distance of 100 feet, a corner; thence running N. 83 2/30 W. by land of
the Mansfield Fire District 121 1/2 feet to said North Main Street; thence
by said North Main Street a distance of 100 feet to the first mentioned
corner; be all the measurements and boundaries more or less and containing
by estimation 12,175 square feet more or less.
Voted favorably - Majority vote - Show of hands
Reconsideration failed
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16,
1989 Special Town Meeting. Said meeting was held at 7:30 P.M. in the
Mansfield High School Auditorium, East Street, Mansfield, Massachusetts.
A quorum was present and voting.
ARTICLE 6
To see if the Town will vote to re- authorize the Board of Selectmen to ac-
quire, by purchase or by eminent domain pursuant to Massachusetts General
Laws, from either available funds, including receipts from the sale of the
Town -owned Spaulding School property should it occur by the date of the
Special Town Meeting vote, and /or from Free Cash, for the purpose of
municipal parking or other municipal development or redevelopment, a parcel
of land, including building thereon, containing approximately 12,175 square
feet located in the southeastern corner of the Main Street and Pleasant
Street intersection, immediately adjacent to the Main Headquarters Station
of the Mansfield Fire Department; said land is further identified as Lot
274, Mansfield Assessor's Map 24 and recorded in Book 1569, page 200 of the
Bristol County Registry of Deeds, a more particular description of which
follows:
The land in Mansfield, Bristol County, Massachusetts, situated on the cor-
ner of North Main Street and Pleasant Street with all the buildings thereon
and all the privileges and appurtenances thereto belonging, which is
bounded and described as follows:
Beginning at the northwest corner thereof, it being a corner of North Main
Street (formerly called Washington Street) and Pleasant Street; thence run-
ning S. 83 2/30 E. by said Pleasant Street a distance of 122 feet to a
point; thence running S. 6 1/30 W., by land now or formerly of one Davison
a distance of 100 feet, a corner; thence running N. 83 2/3 W. by land of
the Mansfield Fire District 121 1/2 feet to said North Main Street; thence
by said North Main Street a distance of 100 feet to the first mentioned
corner; be all the measurements and boundaries more or less and containing
by estimation 12,175 square feet more or less.
or to take any action in relation thereto:
SPONSOR: Board of Selectmen
Article 6
Page 2
ARTICLE 6 - Vote
Move that the Town authorize the transfer of $225,000 from available funds
in the Land Acquisition Reserve for the Board of Selectmen to use to ac-
quire, by purchase or by eminent domain pursuant to Massachusetts General
Laws, for the purpose of municipal parking or other municipal development
or redevelopment, a parcel of land, including building thereon, containing
approximately 12,175 square feet located in the southeastern corner of the
Main Street and Pleasant Street intersection, immediately adjacent to the
Main Headquarters Station of the Mansfield Fire Department; and be it fur-
ther authorized that said funds may also be expended for associated costs
related to the acquisition of the property, including demolition of the
building, improvement of the lot, and associated legal fees and technical
studies of the property.
Said land is further identified as Lot 274, Mansfield Assessorts Map 24 and
recorded in Book 1569, page 200 of the Bristol County Registry of Deeds, a
more particular description of which follows:
The land in Mansfield, Bristol County, Massachusetts, situated on the cor-
ner of North Main Street and Pleasant Street with all the buildings thereon
and all the privileges and appurtenances thereto belonging, which is
bounded and described as follows:
Beginning at the northwest corner thereof, it being a corner of North Main
Street (formerly called Washington Street) and Pleasant Street; thence run-
ning S. 83 2/30 E. by said Pleasant Street a distance of 122 feet to a
point; thence running S. 6 1/30 W., by land now or formerly of one Davison
a distance of 100 feet, a corner; thence running N. 83 2/30 W. by land of
the Mansfield Fire District 121 1/2 feet to said North Main Street; thence
by said North Main Street a distance of 100 feet to the first mentioned
corner; be all the measurements and boundaries more or less and containing
by estimation 12,175 square feet more or less.
Vote declared unanimously in favor by Moderator - Show of hands
Reconsideration failed
A TRUE COPY
ATTEST:_
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TO WHOM IT MAY CONCERN:
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261 -7345
This is to certify that the following is a vote taken at the October 16,
1989 Special Town Meeting. Said meeting was held at 7:30 P.M. in the
Mansfield High School Auditorium, East Street, Mansfield, Massachusetts.
A quorum was present and voting.
ARTICLE 17
To see if the Town will vote to accept Massachusetts General Laws Section 4
of Chapter 73 of the Acts of 1986 as amended by Chapter 126 of the Acts of
1988 which allows an additional real estate tax exemption of fifty (50 %)
percent on Clauses 17, 17C, 170 -1/2, 17D, 22, 22A, 22B, 22C, 221), 22E, 37,
37A, 41, 41B, 41C of Section 5 of Chapter 59 of the General Laws, or to
take any action in relation thereto.
SPONSOR: Board of Assessors
ARTICLE 17 - Vote
Move that the Town accept Massachusetts General Laws Section 4 of Chapter
73 of the Acts of 1986 as amended by Chapter 126 of the Acts of 1988 which
allows an additional real estate tax exemption of fifty (50 %) percent on
Clauses 17, 17C, 17c -1/2, 171), 22, 22A, 22B, 22C, 22D, 22E, 37, 37A, 41,
41B, 41C of Section 5 of Chapter 59 of the General Laws.
Voted favorably - Majority vote - Show of Hands
Reconsideration failed
A TRUE COPY
ATTEST
Judith F. Scott, Town Clerk