HomeMy WebLinkAboutAnnual T.M. 04/13/2004
Helen P. Christian
Town Oerk
TIlE COMMONWEALTH OF MASSAClIDSElTS
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
Mansfiekl, Massachusetts 02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18,2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 1
To see if the Town will vote to raise and appropriate or transfer from available funds the
sum of $31,018,882.15 to defray the expenses of the Municipal Town departments, as
further described below for the ensuing 12-month period beginning July 1,2004:
Raise and Appropriate
Transfer from Available Funds:
Wetlands Protection Act
Betterment Fund
Water Operations
Wastewater Operations
Electric Department
Total
$29,157,184.15
6,000.00
21,223.00
564,650.00
643,287.00
626.538.00
$31,018,882.15
Or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 1- Vote
Move the Town vote to raise and appropriate or transfer from available funds the sum of
$29,865,072.38 to defray the expenses of the Municipal Town departments, as further
described below for the ensuing 12-month period beginning July 1,2004: .
Raise and Appropriate
Transfer from Available Funds:
Stabilization
$27,433,728.38
568,000.00
Article 1 - Page 2
Wetlands Protection Act 6,000.00
Betterment Fund 21,223.00
Water Operations 567,786.00
Wastewater Operations 662,017.00
Electric Department 606.318.00
Total $29,865,072.38
Selectmen
Other Expenses 96.600.00
Total 96,600.00
Town Manager
Personal Services 219,761.17
Other Expenses 46.750.00
Total 266,511.17
Data/Finance
Personal Services 248,387.36
Other Expenses 60,640.00
Capital Outlay 100.00
Total 309,127.36
Accountant
Personal Services 128,991.99
Other Expenses 28.200.00
Total 157, 191.99
Assessor
Personal Services 162,359.92
Other Expenses 12.700.00
Total 175,059.92
Personnel
Other Expenses 12.850.00
Total 12,850.00
Article 1 - Page 3
Data Processing
Personal Services
Other Expenses
Capital Outlay
Total
157,354.57
106,750.00
22,000.00
286,104.57
Town Clerk
Personal Services
Other Expenses
Total
129,153.61
32.783.57
161,937.18
Conservation
Personal Services
Other Expenses
Total
64,412.65
900.00
65,312.65
Planning Board
, Personal Services
Other Expenses
Total
119,078.78
1.850.00
120,928.78
Zoning Board of Appeals
Personal Services
Other Expenses
Total
7,700.00
450.00
8,150.00
Boards/Commissions
Other Expenses
Total
2.330.00
2,330.00
Municipal Building Committee
Personal Services 26,122.34
Other Expenses 1.400.00
Total 27,522.34
Article 1 - Page 4
Public Buildings
Personal Services
Other Expenses
Capital Outlay
Total
182,294.18
248,794.00
0.00
431,088.18
Police
Personal Services
Other Expenses
Capital Outlay
Total
2,331,301.69
254,336.00
56.000.00
2,641,637.69
Fire
Personal Services
Other Expenses
Capital Outlay
Total
2,012,971.63
135,350.00
30.000.00
2,178,321.63
Emergency Medical Services
Personal Services 334,220.00
Other Expenses 53,400.00
Capital Outlay 2.500.00
Total 390,120.00
Dispatchers
Personal Service
Other Expenses
Capital Outlay
Total
424,306.00
14,000.00
1.000.00
439,306.00
Building Inspector
Personal Services
Other Expenses
Total
206,851.78
8.457.00
215,308.78
Article 1 - Page 5
Emergency Management
Personal Services 3,000.00
Other Expenses 38,950.00
Capital Outlay 3.950.00
Total 45,900.00
Traffic Control
Personal Services 12.608.00
Total 12,608.00
Town Exp for Education
Personal Services 20.000.00
Total 20,000.00
Engineering
Personal Services 184,301.79
Other Expenses 10.780.00
Total 195,081.79
D.P.W. Administration
Personal Services 220,148.22
Other Expenses 1,700.876.00
Capital Outlay 5.131.00
Total 1,926,155.22
Highway
Personal Services 695,324.06
Other Expenses 459,070.00
Capital Outlay 24.800.00
Total 1,179,194.06
Winter Maintenance 188,140.00
Article 1 - Page 6
Wastewater
Personal Services 698,125.00
Other Expenses 780,655.00
Capital Outlay 82,500.00
Debt 211,061.91
Internal Services 662.017.00
Total 2,434,358.91
Health
Personal Services 90,251.38
Other Expenses 22.276.00
Total 112,527.38
Right to Know
Personal Services 3,000.00
Other Expenses 4.00
Total 3,004.00
Senior Citizens
Personal Services 203,719.18
Other Expenses 40.073.00
Total 243,792.18
Veterans Services
Personal Services 41,703.90
Other Expenses 42.175.00
Total 83,878.90
Social Services
Personal Services 52,106.48
Other Expenses 11.975.00
Total 64,081.48
Library
Personal Services 320,732.07
Other Expenses 172.807.00
Total 493,539.07
Article 1 - Page 7
ParkslRecreation
Personal Services
Other Expenses
Total
110,390.50
22.570.00
132,960.50
Historical Commission
Other Expenses
Total
1.500.00
1,500.00
Insurance
Town Insurance
Employee Benefits
Total
712,785.00
8.157.080.00
8,869,865.00
Debt
Principal
Interest
Total
3,516,352.09
2.083.718.05
5,600,070.14
Miscellaneous
Reserve Fund
Revaluation
98,007.51
120,000.00
55,000.00
Sub Total
29,865,072.38
Voted favorably - Vote passes on a show of hands vote - 2/3 declared by Moderator
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
Helen P. Christian
Town Oerk
TIffi COMMONWEALTII OF MASSACHUSETTS
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
Mansfieli, Massachusetts 02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 2
To see if the Town will vote to raise and appropriate or transfer from available funds the
sum of $32,580,708 to defray the expenses of the Mansfield Public School System for the
ensuing 12-month period beginning July 1,2004 as follows:
Salaries
Goods and Services
TOTAL
$25,204,000.00
7.376.708.00
$32,580,708.00
Or take any action in relation thereto.
SPONSOR: School Committee
ARTICLE 2- Vote
Move the Town vote to raise and appropriate the sum of $30,468,000 and transfer from
stabilization the sum of $512,000 for a total of $30,980,000.00 to defray the expenses of
the Mansfield Public School System for the ensuing 12-month period beginning July 1,
2004 as follows:
Salaries
Goods and Services
TOTAL
$24,566,386.00
6.413.614.00
$30,980,000.00
Voted favorably - Vote passes on a show of hands - 2/3 vote declared by Moderator
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
.,..-....
TIffi COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
t-Jelen P. Clv"istian
Tow n Oerk
Office of the Town Clerk
6 Park Row
MansfuH, Massachusetts 02048
Tel. (508) 261-7345- Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 3
To see if the Town will vote that the income from the sale of electricity to private
consumers or for electricity supplies to municipal buildings or for municipal power and
street lights, together with receipts from jobbing accounts, be appropriated for the
Municipal Electric Department, the whole or any part to be expended by the Manager of
the Municipal Electric Department under the direction and control of the Board of
Selectmen as Municipal Light Commissioners, for expenses of the Department for
FY2005, or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 3 - Vote
Move the Town vote that the income from the sale of electricity to private consumers or
for electricity supplies to municipal buildings or for municipal power and street lights,
together with receipts from jobbing accounts, be appropriated for the Municipal Electric
Department, the whole or any part to be expended by the Manager of the Municipal
Electric Department under the direction and control of the Board of Selectmen as
Municipal Light Commissioners, for expenses of the Department for FY2005.
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
Helen P. Christian
Tow n Oerk
THE COMMONWEALTH OF MASSACHUSETIS
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
Mansfuli, MassaclnIsetts 02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18,2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting
ARTICLE 4
To see if the Town will vote to raise from water enterprise revenue or transfer from
available funds the sum of$3,396,351.28 to defray the expenses of the Water Enterprise,
as further described below for the ensuing 12-month period beginning July 1,2004.
Raise from Revenue
Transfer from General Fund
Total
$3,298,343.77
98.007.51
$3,396,351.28
Water
Personal Services
Other Expenses
Capital Outlay
Debt
Internal Services
Reserve Fund
Total
672,223.00
954,366.00
163,731.00
1,016,381.28
564,650.00
25.000.00
3,396,351.28
Or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 4 - Vote
Move the Town vote to raise and appropriate from water enterprise revenue or transfer
from available funds the sum of $3,291,570.91 to defray the expenses of the Water
Enterprise, as further described below for the ensuing 12-month period beginning July 1,
2004 as follows:
Article 4 - Page 2
Raise from Revenue
Transfer from General Fund
Total
Water
Personal Services
Other Expenses
Capital Outlay
Debt
Internal Services
Reserve Fund
Total
$3,193,563.40
98.007.51
$3,291,570.91
676,756.63
847,734.00
143,731.00
1,030,563.28
567,786.00
25.000.00
3,291,570.91
Voted favorably - Majority vote - Show of hands
A TRUE COpy
ATTEST:
Helen P. Christian, Town Clerk
t-Jelen P. Christian
Town Oerk
THE COMMONWEALlH OF MASSACHUSETfS
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
Mansfieli, Massachusetts 02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18,2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting
ARTICLE 5
To see if the Town will vote to raise from airport enterprise revenue the sum of $52,010.00 to
defray the expenses of the Airport Enterprise, as further described below for the ensuing 12-
month period beginning July 1,2004:
Airport
Personal Services
Other Expenses
Capital Outlay
Debt
Internal Services
Reserve Fund
Total
1,500.00
14,200.00
34,810.00
0.00
1,500.00
0.00
52,010.00
Or take any action in relation thereto.
SPONSOR: Airport Commission
ARTICLE 5
Move the Town vote to raise and appropriate from airport enterprise revenue the sum of
$52,010.00 to defray the expenses of the Airport Enterprise, as further described below
for the ensuing 12-month period beginning July 1,2004:
Airport
Personal Services
Other Expenses
Capital Outlay
1,500.00
14,200.00
29,810.00
Article 5 - Page 2
Debt
Internal Services
Reserve Fund
Total
0.00
1,500.00
5.000.00
52,010.00
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
t-Jelen P. Clv"istian
Tow n Oerk
1HE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
MansfuH, Massachusetts 02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting
ARTICLE 6
To see if the Town will vote to raise and appropriate, borrow or transfer from available
funds the sum of $245,751 to defray the expenses of the Southeastern Regional School
District for the ensuing 12-month period beginning July 1, 2004, or take any action in
relation thereto.
SPONSOR: Board of Selectmen
Article 6 - Vote
Move the Town vote to raise and appropriate from available funds the sum of $245,751
to defray the expenses of the Southeastern Regional School District for the ensuing 12-
month period beginning July 1,2004.
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
Helen P. Clv"istian
Tow n Oerk
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
MansfuH, Massachusetts 02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting
ARTICLE 7
To see if the Town will vote to raise and appropriate or transfer from available funds the
sum of $15,000 for a Household Hazardous Waste Collection, or take any action in
relation thereto.
SPONSOR: Board of Health
ARTICLE 7 - Vote
Move the Town vote to raise and appropriate the sum of $15,000 for a Household
Hazardous Waste Collection.
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
THE COMMONWEALTH OF MASSACHUSEITS
Helen P. Clv"lstian
Tow n Oerk
TOWN OF MANSFIELD
Office of the Town Clerk:
6 Park Row
~H,~~~~02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting
ARTICLE 8
To see if the Town will vote to authorize the Building Inspector's Department to establish
for Fiscal Year 2005 a Revolving Inspection Account in accordance with M.G.L. Chapter
44, Section 53E~ for the collection of 65% of electrical, mechanical, gas and plumbing
inspection fees, (the remaining 35% to be credited to General Fund estimated receipts)
and to authorize expenditures of up to $150,000 in payment to inspectors performing
these inspections, or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 8 - Vote
Move the Town vote to authorize the Building Inspector's Department to establish for
Fiscal Year 2005 a Revolving Inspection Account in accordance with M.G.L. Chapter 44,
Section 53E~ for the collection of 65% of electrical, mechanical, gas and plumbing
inspection fees, (the remaining 35% to be credited to General Fund estimated receipts)
and to authorize expenditures of up to $150,000 in payment to inspectors performing
these inspections.
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
THE COMMONWEALlH OF MASSACHUSETTS
Helen P. Christian
Tow n Oerk
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
Mans&H, Massachusetts 02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting
ARTICLE 9
To see if the Town will vote to authorize the Police Department to establish for Fiscal
Year 2005 a Revolving Firearms License and Permit Fees Account in accordance with
M.G.L. Chapter 44, Section 53E~ to receive 50% of firearms license and permit fees,
and to authorize expenditures of up to $5,000 from such fund to pay the expenditures and
wages involved in the issuance of said licenses and permits, or take any action in relation
thereto.
SPONSOR: Board of Selectmen
ARTICLE 9 - Vote
Move the Town vote to authorize the Police Department to establish for Fiscal Year 2005
a Revolving Firearms License and Permit Fees Account in accordance with M.G.L.
Chapter 44, Section 53E~ to receive 50% of firearms license and permit fees, and to
authorize expenditures of up to $5,000 from such fund to pay the expenditures and wages
inyolved in the issuance of said licenses and permits.
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
TIlE COMMONWEALTH OF MASSACHUSEITS
t-Jelen P. ClTistian
Tow n Oerk
TOWN OF MANSFIELD
Office 0 f the Town Clerl<:
6 Park Row
Mansfeki, Ma$acln1setts 02048
Tel. (508) 261-7345- Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting
ARTICLE 10
To see if the Town will vote to authorize the Department of Public Works to establish for
Fiscal Year 2005 a Revolving Home Compost Bin Account in accordance with M.G.L.
Chapter 44, Section 53E~ for the collection of proceeds from the sale of home compost
bins and to authorize expenditures of up to $1,000 for the purchase of these bins, or take
any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 10- Vote
Move the Town vote to authorize the Department of Public Works to establish for Fiscal
Year 2005 a Revolving Home Compost Bin Account in accordance with M.G.L. Chapter
44, Section 53E~ for the collection of proceeds from the sale of home compost bins and
to authorize expenditures of up to $1,000 for the purchase of these bins.
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
TIIE COMMONWEALlli OF MASSACHUSETTS
Helen P. Clv"istian
Tow n Oerk
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
Mansfuli, Massachusetts 02048
Tel. (508) 261-7345- Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting
ARTICLE 11
To see if the Town will vote to accept M.G.L. 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 one hundred percent (100%) on Clauses 17D, 22, 22A, 22B, 22C,
22D, 22E, 37 A, 41 C of Section 5 of Chapter 59 of the General Laws, or take any action
in relation thereto.
SPONSOR: Board of Assessors
ARTICLE 11
Move the Town will vote to accept M.G.L. 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 one hundred percent (100%) on Clauses 17D, 22, 22A, 22B, 22C, 22D,
22E, 37A, 41C of Section 5 of Chapter 59 of the General Laws.
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
THE COMMONWEALTII OF MASSACHUSEITS
Helen P. CMstial
Town Oerk
TOWN OF MANSFIELD
Office of the Town Cletk
6 Park Row
MansfuH, MassaclDsetts 02048
Tel. (508)261-7345- Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditoriwn, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 13
To see if the Town will vote to raise and appropriate, borrow or transfer from available
funds a sum of money for various Capital Improvement Projects for the Mansfield Public
Schools, or take ~y action in relation thereto.
SPONSOR: School Committee
ARTICLE 13 - Vote
Move the Town vote to appropriate Two Hundred Fifty Thousand Dollars ($250,000) for
the replacement of the roof at the Robinson School and Forty-four Thousand Two
Hundred Dollars ($44,200) for the replacement of the roof at the Roland Green School
for a total of Two Hundred Ninety-four Thousand, Two Hundred Dollars ($294,200); and
to meet this appropriation the following loan order is authorized.
Voted: that Two Hundred Ninety-four Thousand, Two Hundred Dollars ($294,200) is
appropriated for the replacement of the roofs for Roland Green and Robinson Schools; .
and to meet this appropriation the Treasurer with the approval of the Board of Selectmen
is authorized to borrow Two Hundred Ninety-four Thousand, Two Hundred Dollars
($294,200) under M.G.L. Chapter 44 or any other enabling authority; and that the Board
of Selectmen is authorized to take any other action necessary to carry out this project
Vote declared unanimously in favor by Moderator - Show of hands
A TRUE COPY:
ATTEST:
Helen P. Christian, Town Clerk
,
1HE COMMONWEALTII OF MASSACHUSEITS
TOWN OF MANSFIELD
t-Jelen P. Christian
Town Oerk
Office of the Town Clerk
6 Park Row
Mansfuli, Massachusetts 02048
Tel. (508)261-7345- Fax. (508) 261-1083 .
=
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 14
To see if the Town will vote to raise and appropriate, borrow or transfer from available
funds a sum of money for various Capital Improvements Projects for the Department of
Public WorkslHighway Division, or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 14- Vote
Move the Town vote to appropriate One Hundred Twenty Thousand Dollars ($120,000)
for the purchase of a Street Sweeper; and to meet this appropriation the following loan
order is authorized.
Voted: that One Hundred Twenty Thousand Dollars ($120,000) is appropriated for the
purchase of a Street Sweeper; and to meet this appropriation the Treasurer with the
approval of the Board of Selectmen is authorized to borrow One Hundred Twenty
Thousand Dollars ($120,000) under M.G.L. Chapter 44 or any other enabling authority;
and that the Board of Selectmen is authorized to take any other action necessary to carry
out this project.
Voted favorably - Vote passes on a show of hands vote - 2/3 declared by Moderator
A TRUE COPY
ATTEST:
Helen P. Cbristi~ Town Clerk
TIffi COMMONWEALlH OF MASSACHUSEITS
t-Jelen P. Christian
Tow n Oerk
TOWN OF MANSFIELD
Office 0 f the Town Cleric
6 Park Row
MansfuH, Massach.Jsetts 02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 15
To see if the Town will vote to raise and appropriate, borrow or transfer from available
funds a sum of money for various Capital Improvements Projects for the Department of
Public Works/Public Buildings Division, or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 15 - Vote
Move the Town vote to appropriate One Hundred Sixty Thousand Dollars ($160,000) for
the Replacement of the Heating/V entilationl Air Conditioning System at the Police
Station; and to meet this appropriation the following loan order is authorized.
Voted: that One Hundred Sixty Thousand Dollars ($160,000) is appropriated for the
Replacement of the HeatingIV entilationl Air Conditioning System at the Police Station;
and to meet this appropriation the Treasurer with the approval of the Board of Selectmen
is authorized to borrow One Hundred Sixty Thousand Dollars ($160,000) under M.G.L.
Chapter 44 or any other enabling authority; and that the Board of Selectmen is authorized
to take any other action necessary to carry out this project.
Voted favorably - Vote passes on a show of hands vote - 2/3 declared by Moderator
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
TIffi COMMONWEALTH OF MASSACHUSETIS
TOWN OF MANSFIELD
t-Jelen P. ClYistian
Town Oerk
Office of the Town Clerk
6 Park Row
Mansfieli, Massachusetts 02048
Tel. (508) 261-7345- Fax. (508)261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 17
To see if the Town will vote to raise and appropriate, borrow or transfer from available
funds the sum of $63,000 for various Capital Improvements Projects for the Water
Division, or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 17 - Vote
Move the Town vote to appropriate from Water Enterprise Retained Earnings the sum of
$63,000 for Water Main Improvements for the Water Division.
Water main design for the following location: 12,800 linear feet of 8-inch ductile iron
[Dl] water main in Ware Street between Essex Street and East Street to replace the
existing 6-inch asbestos cement [AC] pipe; 3,200 linear feet of6-inch [AC] water main in
Essex Street between Mill Street and Ware Street with 8-inch [DI] pipe and to design a
new 8-inch [Dl] water main connecting Necco Road and Monahan Lane.
Design Cost: $63,000
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
TIffi COMMONWEALlH OF MASSACHUSElTS
TOWN OF MANSFIELD
Helen P. Christian
Tow n Oerk
Office of the Town Clerk
6 Park Row
Mansfieki, Massachusetts 02048
Tel. (508) 261-7345- Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 18
To see if the Town will vote to raise and appropriate, borrow or transfer from available
funds a sum of money for Capital Improvement Projects for the Wastewater Treatment
Plant, or take any action in relation thereto.
SPONSOR: Capital Improvements Committee
ARTICLE 18 - Vote
Move the Town vote to transfer from the Wastewater Depreciation Trust Fund the
amount of $1.2 million for Electrical Switch Gear Improvements for the Wastewater
Treatment Plant.
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
TIlE COMMONWEALTII OF MASSACHUSETTS
TOWN OF MANSFIELD
t-Jelen P. Christian
Town Oerk
Office of the Town Clerk
6 Park Row
MansfieH,Nmss~~02M8
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18,2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 19
To see if the Town will vote to raise and appropriate, borrow or transfer from available
funds a sum of money for various Capital Improvement Projects for the Engineering
Department for the following projects:
· Inflow & Infiltration Reduction (1&1)
· Small Bridge Inspections
· Owner Registration and Inspection of Dams
· Hope Street Drainage
Or take any action in relation thereto.
SPONSOR: Capital Improvements Committee
ARTICLE 19 - Vote
Move the Town vote to transfer from the Wastewater Depreciation Trust Fund One
Hundred Fifty Thousand Dollars ($150,000) and appropriate One Hundred Fifty
Thousand Dollars ($150,000) for the Construction and/or Reconstruction of Inflow and
Infiltration Sewer Improvements; and to meet this appropriation the following loan order
is authorized.
Voted: that One Hundred Fifty Thousand Dollars ($150,000) is appropriated for the
Construction and/or Reconstruction of Inflow and Infiltration Sewer Improvements; and
to meet this appropriation the Treasurer with the approval of the Board of Selectmen is
authorized to borrow One Hundred Fifty Thousand Dollars ($150,000) under M.G.L.
Article 19 - Page 2
Chapter 44 or any other enabling authority; and that the Board of Selectmen is authorized
to take any other action necessary to carry out this project.
Voted favorably - Vote passes on a show of hands vote - 2/3 declared by Moderator
;,.
A TRUE COPY
ArrEST:
Helen P. Christian, Town Clerk
t-Jelen P. Christian
Tow n Oerk
lliE COMMONWEALTH OF MASSACHUSETfS
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
~H, Masc;acillsetts 02048.
Tel. (508) 261-7345- Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 20
To see if the Town will vote to raise and appropriate, borrow or transfer from available
funds a sum of money for various Capital Improvements Projects for the Fire
Department, or take any action in relation thereto.
SPONSOR: Capital Improvements Committee
ARTICLE 20 - Vote
Move the Town vote to appropriate Seventy-five Thousand Dollars ($75,000) for the
Purchase of Air Packs and Thirty-two Thousand Dollars ($32,000) for the purchase of a
Four-Wheel Drive Vehicle for the Fire Department for a total of One Hundred Seven
Thousand Dollars ($107,000); and to meet this appropriation the following loan order is
authorized.
Voted: that One Hundred Seven Thousand Dollars ($107,000) is appropriated for the
Purchase of Air Packs and a Four-Wheel Drive Vehicle for the Fire Department; and to
meet this appropriation the TrtaSUfer with the approval of the Board of Selectmen is
authorized to borrow One Hundred Seven Thousand Dollars ($107,000) under M.G.L.
Chapter 44 or any other enabling authority; and that the Board of Selectmen is authorized
to take any other action necessary to carry out this project
Voted favorably - Vote passes on a show of hands vote - 2/3 declared by Moderator
A TRUE COpy
ATTEST:
Helen P. Christian, Town Clerk
TIIE COMMONWEALTH OF MASSACHUSETIS
TOWN OF MANSFIELD
Helen P. Christian
Town Oerk
Office of the Town Clerk
6 Park Row
Mansfiekl, Massachusetts 02048
Tel. (508) 261-7345- Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 24
To see if the Town will vote in accordance with the fourth paragraph of M.G.L. c. 71,
~ 16B, to reallocate the sum of their required contribution to the Southeastern Regional
Vocational-Technical School (the "District") in accordance with the District's regional
agreement or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 24- Vote
Move the Town vote in accordance with the fourth paragraph ofM.G.L. c. 71, ~16B, to
reallocate the sum of their required contribution to the Southeastern Regional Vocational-
Technical School (the "District") in accordance with the District's regional agreement.
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
1HE COMMONWEAL1H OF MASSACHUSETTS
t-Jelen P. Christian
Tow n Oerk
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
Mansfekl, MassachIsetts 02048
Tel. (508) 261-7345- Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18,2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 26
To see if the Town will vote to raise and appropriate, borrow or transfer from available
funds the sum of $120,000 and to authorize the purchase of 1.25+/- acres of land located
on Campbell Street for a proposed assisted living facility, and to purchase said land, the
Town is authorized to borrow under M.G.L., Chapter 44, or take any action in relation
thereto.
ARTICLE 26 - Vote
Move that the Town appropriate $125,000.00 for the acquisition of approximately 1.25
acres of land situated on the easterly side of Route 140 in Mansfield, Bristol County,
Massachusetts bounded as follows: Northerly By land now or formerly of Currivan
Comer Realty Trust, 289 +/- feet, Easterly By land now or formerly of Anna Prohodsky
and land now or formerly of Richard and Michaela Walsh, 191 +/- feet, Southerly By land
of the Commonwealth of Massachusetts, 240 +!- feet, and Westerly By Route 140, 225 +/-
feet and that to meet this appropriation, the Treasurer with the approval of the Board of
Selectmen, is authorized to borrow $125,000.00 under M.G.L. Chapter 44 or under
M.G.L. Chapter 121B or under any other enabling authority.
Vote declared unanimously in favor by Moderator - Show of hands
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
Helen P. Clv"istian
Tow n Oerk
THE COMMONWEALTII OF MASSACHUSETTS
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
Mansfieli, Massaclmsetts 02048
Tel. (508) 261-7345- Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 27
To see if the Town will vote to amend the Home Rule Charter, Article 5-Appointed Town
Officials, Section 5-3 to read as follows:
"Said board shall be made up of seven regular members and two alternate members
appointed for terms of five years such that no more than two terms shall expire in anyone
year." or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 27 - Vote
Move the Town vote to amend the Home Rule Charter, Article 5-Appointed Town
Officials, Section 5-3 to read as follows:
"Said board shall be made up of seven regular members and two alternate members
appointed for terms of five years such that no more than two terms shall expire in anyone
year."
Voted declared unanimously in favor by Moderator - Show of hand
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
~ ~
THE COMMONWEALTH OF MASSACHUS~IVEI
OFFICE OF THE ATTORNEY GENER!i\LCI,fRKS OFfiCE
04 JUN 28 AM 9: 24
WESTERN MASSACHUSETTS DIVISION
1350 MAIN STREET
SPRINGFIELD, MASSACHUSETTS 01103-1629 .l1ANSF IELO
M At~13)\?tH1Js<ETT S
I \VWW.ago.state.ma.us
THOMAS F. REILLY
ATTORNEY GENERAL
June 25, 2004
Helen P. Christian, Town Clerk
6 Park Row
Mansfield, MA 02048
Re: Articles 27 and 28 Annual Town Meetin~. April 13. 2004
Vote to Approve Order Proposine Charter Amendments
Dear Ms. Christian:
Pursuant to the provisions of General Laws Chapter 43B, Section 10, I have reviewed the vote
taken under Articles 27 and 28 of the April 13, 2004, annual town meeting. Under these Articles, the
town voted to approve an order proposing charter amendments to the voters.
Pursuant to the provisions of General Laws Chapter 43B, Section lO[c] the Attorney General is
given four (4) weeks from the date of receipt (06/04/04) to render his opinion as to whether the
amendments proposed are inconsistent with the laws and constitution ofthe Commonwealth. For the
reasons set forth below, we find that both of the proposed amendments conflict with state law for
procedural reasons.
Under Article 27 changes are proposed to the composition and terms of office of the planning
board. Under Article 28 the charter change would be "to eliminate the description of the Director for
the Light Department."
While the vote under Article 27 purports to amend Section 5-3 with new text, it is left to
inference whether all of Section 5-3 is to be replaced with all of the text voted under this Article, or
whether only corresponding provisions of existing Section 5-3 are to be replaced with the new text.
The new text covers much the same matters as do the second and third sentences of the first of the two
paragraphs in Section 5-3. If the latter construction governs, with the new text replacing the second and
third sentences of the first of the two paragraphs of Section 5-3, there would be no inconsistency
between the amendments proposed and state law. The first sentence of the first paragraph of existing
Section 5-3 appears to be a transitional provision serving the'transition from an earlier Special Act
Charter to Home Rule Charter which took effect on March 1, 1973. If the former interpretation governs,
with the new text replacing all of Section 5-3, there would no inconsistency with state. law; yet it is
doubtful whether Town Meeting intended to delete the second full paragraph of the Section which sets
out the duties and functions of the planning board.
Because the intent ofYown Meeting is inherently uncertain, we conclude that no lawful
amendment to the Charter can be proposed to the voters by the vote under Article 27. This is the case
because G.L. c. 43B, ~ 11, requires that "[t]he question of approving. . . any revision of or amendment
to a charter shall be placed on a written or printed ballot," and the imprecision of the vote is an
o
/'
insufficient guide in fashioning a ballot question with the requisite specificity.
It should also be noted that while the proposed amendment would provide for the appointment
of "two alternate members" to the planning board, the proposal is silent as to what functions the two
new positions are to perfonn, how they are to be designated for service, and administratively how the
proposed amendment is to be implemented. Since no provision has been made in the proposed charter
amendment for these matters, they could perhaps be dealt with later by by-law or by another proposed
charter amendment. .
The vote under Article 28 likewise suffers from similar imprecise references to the existing
charter. The vote under Article 28 proposes "to eliminate the description of the Director for the Light
Department." No guidance is given as to which sections or sections of the charter are to be affected by
amendment proposed, although refere~ce is made in Section 7-2 to "Municipal Electric Department
Director." The "description" intended for elimination may perhaps be the implicit equivalent of three
sentences of Section 7-2, or perhaps even be the entire Section itself. Town Meeting's intent is not
clear, leaving us to conclude that no lawful amendment to the Charter can be proposed to the voters by
the vote under Article 28.
Should the town propose these charter changes at a future town meeting, we suggest that the
warrant artic1e(s) make precise reference to the sections of the existing charter affected and set forth
explicitly what the amended charter will provide.
Very truly yours,
1> : Ro ert W. Ritchie, Assistant Attorney General
Director, Municipal Law Unit
1350 Main Street, 4th Floor
Springfield, MA 01103-1317
(413) 784-1240, x 116
enc.
pc: Town Counsel
DHCD
H:\WP61\DOCS\TOWNSlMANSFIBL\#2970ChaterAPP.wpd
TIffi COMMONWEALTII OF MASSACHUSETTS
TOWN OF MANSFIELD
Helen P. Christian
Tow n Oerk
Office 0 f the Town Clerk
6 Park Row
Mansfuli, Massaclmsetts 02048
Tel. (508) 261-7345- Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 28
To see if the Town will vote to amend the Home Rule Charter to eliminate the description
of Director for the Light Department, or take any action in relation thereto.
Article 28 - Explanation
According to Town Counsel, the Charter provision should be removed so that the Charter
is not inconsistent with M.G.L. Chapter 164, vesting authority with the Manager of the
Light Department.
ARTICLE 28 - Vote
Move the Town vote to amend the Home Rule Charter to eliminate the description of
Director for the Light Department.
Vote declared unanimously in favor by Moderator - show of hands
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
. .
~
THE COMMONWEALTH OF MASSACHUS1fl&IVEI
OFFICE OF THE ATTORNEY GENER1\LC\ FPKS OFf ICE
04 JUN 28 AM 9: 24
WESTERN MASSACHUSETTS DIVISION
1350 MAIN STREET
SPRINGFIELD, MASSACHUSETTS 01103-1629 l1ANSF IELO
~~ti~l~I!JTS
THOMAS F. REILLY
ATIORNEY GENERAL
June 25, 2004
Helen P. Christian, Town Clerk
6 Park Row
Mansfield, MA 02048
Re: Articles 27 and 28 Annual Town Meetin~. April 13. 2004
Vote to Approve Order Proposin~ Charter Amendments
Dear Ms. Christian:
Pursuant to the provisions of General Laws Chapter 43B, Section 10, I have reviewed the vote
taken under Articles 27 and 28 of the April 13, 2004, annual town meeting. Under these Articles, the
town voted to approve an order proposing charter amendments to the voters.
Pursuant to the provisions of General Laws Chapter 43B, Section 10[c] the Attorney General is
given four (4) weeks from the date of receipt (06/04/04) to render his opinion as to whether the
amendments proposed are inconsistent with the laws and constitution of the Commonwealth. For the
reasons set forth below, we find that both of the proposed amendments conflict with state law for
procedural reasons.
Under Article 27 changes are proposed to the composition and terms of office of the planning
board. Under Article 28 the charter change would be "to eliminate the description of the Director for
the Light Department."
While the vote under Article 27 purports to amend Section 5-3 with new text, it is left to
inference whether all of Section 5-3 is to be replaced with all of the text voted under this Article, or
whether only corresponding provisions of existing Section 5-3 are to be replaced with the new text.
The new text covers much the same matters as do the second and third sentences of the first of the two
paragraphs in Section 5-3. If the latter construction governs, with the new text replacing the second and
third sentences of the first of the two paragraphs of Section 5-3, there would be no inconsistency
between the amendments proposed and state law. The first sentence of the first paragraph of existing
Section 5-3 appears to be a transitional provision serving the transition from an earlier Special Act
Charter to Home Rule Charter which took effect on March 1, 1973. If the former interpretation governs,
with the new text replacing all of Section 5-3, there would no inconsistency with state law; yet it is
doubtful whether Town Meeting intended to delete the second full paragraph of the Section which sets
out the duties and functions of the planning board.
Because the intent of Town Meeting is inherently uncertain, we conclude that no lawful
amendment to the Charter can be proposed to the voters by the vote under Article 27. This is the case
because G.L. c. 43B, ~ 11, requires that "[t]he question of approving. . . any revision of or amendment
to a charter shall be placed on a written or printed ballot," and the imprecision of the vote is an
o
insufficient guide in fashioning a ballot question with the requisite specificity.
It should also be noted that while the proposed amendment would provide for the appointment
of "two alternate members" to the planning board, the proposal is silent as to what functions the two
new positions are to perform, how they are to be designated for service, and administratively how the
proposed amendment is to be implemented. Since no provision has been made in the proposed charter
amendment for these matters, they could perhaps be dealt with later by by-law or by another proposed
charter amendment.
The vote under Article 28 likewise suffers from similar imprecise references to the existing
charter. The vote under Article 28 proposes "to eliminate the description of the Director for the Light
Department." No guidance is given as to which sections or sections of the charter are to be affected by
amendment proposed, although reference is made in Section 7-2 to "Municipal Electric Department
Director." The "description" intended for elimination may perhaps be the implicit equivalent ofthree
sentences of Section 7-2, or perhaps even be the entire Section itself. Town Meeting's intent is not
clear, leaving us to conclude that no lawful amendment to the Charter can be proposed to the voters by
the vote under Article 28.
Should the town propose these charter changes at a future town meeting, we suggest that the
warrant article(s) make precise reference to the sections of the existing charter affected and set forth
explicitly what the amended charter will provide.
Very truly yours,
1) : Ro 'ert W. Ritchie, Assistant Attorney General
Director, Municipal Law Unit
1350 Main Street, 4th Floor
Springfield, MA 01103-1317
(413) 784-1240, x 116
enc.
pc: Town Counsel
DHCD
H:\WP61 IDOCS\TOWNS\MANSFIELV#2970ChaterAPP. wpd
THE COMMONWEALTH OF MASSACHUSETIS
Helen P. Clv"istian
Tow n Oerk
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
MansfuH, Massachusetts 02048
Tel. (508) 261-7345- Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 29
To see if the Town will vote to amend the Mansfield General By-Laws by adding a new
Chapter Six, Section XIV, entitled "Motorized Vehicles on Conservation and other
Town-owned Land" as follows:
"Except as provided by statute, it is unlawful to operate unauthorized motorized vehicles
[All Terrain vehicles, Dirt Motorcycles, and Snowmobiles] on property under the care
and control of the Mansfield Conservation Commission, Water Department, Recreation
Commission or Board of Selectmen of the Town of Mansfield. Any person violating this
by-law shall be punished by a fine of $50.00 for the first offense and $150.00 for
subsequent violations and or criminal prosecution along with restitution of any damage
incurred to Town of Mansfield property." or take any action in relation thereto.
ARTICLE 29 - Explanation: In the past the Conservation Commission has discussed
establishing regulations that would prohibit the use of motorized vehicles on conservation
land. The vehicles have ruined some portions of the footpaths that extend through the
different conservation properties, especially the Great Woods area and Maple Park.
With the addition of new land in the Canoe River watershed, and given the sensitive
nature of this land, the need to keep vehicles off the conservation land is even more
important. The Commission voted at their 2/9/04 meeting to place a warrant article on
the Annual Town Meeting.
SPONSOR: Conservation Commission
ARTICLE 29 - Vote
Move the Town vote to amend the Mansfield General By-Laws by adding a new Chapter
Six, Section XIV, entitled "Motorized Vehicles on Conservation and Water Department
Land" as follows:
Article 29 - Page 2
"Except as provided by statute, it is unlawful to operate unauthorized motorized vehicles
[All Terrain vehicles, Dirt Motorcycles, and Snowmobiles] on property under the care
and control of the Mansfield Conservation Commission, Water Department, Recreation
Commission or Board of Selectmen of the Town of Mansfield. Any person violating this
by-law shall be punished by a fine of $50.00 for the first offense and $150.00 for
subsequent violations and or criminal prosecution along with restitution of any damage.
incurred to Town of Mansfield property."
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
Helen P. Christian
Tow n Oerk
THE COMMONWEALTH OF MASSACHUSETIS
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
Mansfiekl, Massachusetts 02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 31
To see if the Town will vote to amend the Zoning By-Law to the extent necessary to
change Footnote (2) in Schedule 4.2.2, Density and Dimensional Regulations, as follows
(changes in bold):
Schedule 4.2.2 Density and Dimensional Regulations
(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, office, bank or
restaurant uses shall occupy the entire ground floor (see Section 3.7.2).
Or take any action in relation thereto.
SPONSOR: Planning Board
ARTICLE 31 - Vote
Move the Town vote to amend the Zoning By-Law to the extent necessary to change
Footnote (2) in Schedule 4.2.2, Density and Dimensional Regulations, as follows
(changes in bold):
Schedule 4.2.2 Density and Dimensional Regulations
(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, office, bank or
restaurant uses shall occupy the entire ground floor (see Section 3.7.2).
Voted favorably - Vote passes on a show of hands vote - 2/3 declared by Moderator
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
TIffi COMMONWEALTH OF MASSACHUSETTS
Helen P. Christian
Tow n Oerk
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
Mansfuli, Massachusetts 02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 32
To see if the Town will vote to amend the Zoning By-Law to the extent necessary to
amend Schedule 4.4.1, Off-Street Parking Schedule (downtown parking) as follows:
Schedule 4.4.1, Off-Street Parking and Loading Downtown Parking
Existing B 1
Business Use 0 parking spaces per unit
Proposed
Business Use
Bl
1 parking space per 750 sq ft
Or take any action in relation thereto.
SPONSOR: Planning Board
ARTICLE 32 - Vote
Move the Town vote to amend the Zoning By-Law to the extent necessary to amend by
adding proposed Bl amendment to Schedule 4.4.1, Off-Street Parking Schedule
(downtown parking) as follows:
Schedule 4.4.1, Off-Street Parking and Loading
Land Use
Minimum
Number of Off-
Street Parking Spaces
One per 200 square feet of
gross floor area
General business, or commercial,
personal services - barber, hair
dresser, and tailor -- department
stores, drug stores, variety
stores, medical centers, and out
In Bl, one per 750 square feet
Article 32 - Page 2
patient clinics; banks, bowling
alleys, and business professional
and other offices less than
25,000 square feet.
of gross floor area
Voted favorably - Vote passes on a show of hands vote - 2/3 vote declared by Moderator'
A TRUE COpy
ATTEST:
Helen P. Christian, Town Clerk
Helen P. Christian
Tow n Oerk
TIlE COMMONWEALTH OF MASSACHUSETIS
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
Mansfiekl, Massachusetts 02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18,2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 33
To see if the Town will vote to amend the Zoning By-Law to the extent necessary to
amend Section 4.4.4.11, Business 1 Zone Exemption, by deleting the first and second
paragraphs and retaining the existing third paragraph, as follows:
Section 4.4.4.11, Business 1 Zone Exemption
.^JI bHsiBesses proposed fer the BasiBess 1 ZOBe are exempt from the rel.lHiremeBts of
off ~eet parkiRg ooless a Sfleeial pennit is reE}Qirea. Saoala the applieant aeeiae to
prodae for off stFeet parkiag, it shall be aOlle iB aeeoraaRee v,'itR SeetioB 4.4 of tRe
ZOIHRg By Laws.
Speeial permit applieatioBs reE}Qire ORe Sflaee for eaeh 5QQ sE}Qafe feet of gross
BOB resiaeBtial floor area.
All businesses proposed for the Business 1 Zone may be exempted from the off-street
loading requirements if in the opinion of the Planning Board, an unsafe traffic condition
is not created. Or take any action in relation thereto.
SPONSOR: Planning Board
ARTICLE 33 - Vote
Move the Town vote to amend the Zoning By-Law to the extent necessary to amend
Section 4.4.4.11, Business 1 Zone Exemption, by deleting the first and second paragraphs
and retaining the existing third paragraph, as follows:
Section 4.4.4.11, Business 1 Zone Exemption
.^..ll basiBesses proposea for the BasiBess 1 bORe are eJ[empt from tRe re(fl:liremeBts of
off stFeet parking l:Hlless a Sfleeial permit is reE}Qirea. Saoala the applieant aeeiae to
proy/iae for off street parkiRg, it shall be aOBe iR aeeoraaRee v:ith SeetioR 4.4 of tRe
ZeBiBg By Lav.s.
Sfleeial flennit aflfllieatisBs fe~re eRe Sf)a6e fer eaeB. 500 s~e feet sf grass
FleB resideBtial fleer area.
All businesses proposed for the Business 1 Zone may be exempted from the off-street
loading requirements if in the opinion of the Planning Board, an unsafe traffic condition
is not created.
Voted favorably - Vote passes on a show of hands vote - 2/3 declared by Moderator
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
TIffi COMMONWEALTH OF MASSACHUSETTS
Helen P. Christian
Tow n aerk
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
Mansfuli, Massachusetts 02048
Tel. (508) 261-7345- Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 34
To see if the Town will vote to amend the Zoning By-Law to the extent necessary to
amend Section 4.4.4.3, Business 1 Zone Exemption, to add a second paragraph (shown in
bold) as follows:
Section 4.4.4.3, Location
Required parking spaces and loading spaces shall be on the same lot as the principal
use(s) served; or if not reasonably possible, on other property in the same zoning district
within 200 feet of the principal building. This 200 feet shall be measured along a public
way. Such off-premise parking shall be in possession, by deed or lease, of the owners of
the use served.
In the Business 1 district, all required parking shall be located at the rear of the
principle building. Or take any action in relation thereto.
SPONSOR: Planning Board
ARTICLE 34 - Vote
Move the Town vote to amend the Zoning By-Law to the extent necessary to amend
Section 4.4.4.3, Busi:aess 1 ZaBe Bxem.ption, [should be Location] to add a second
paragraph (shown in bold) as follows:
Section 4.4.4.3, Location
Required parking spaces and loading spaces shall be on the same lot as the principal
use(s) served; or if not reasonably possible, on other property in the same zoning district
within 200 feet of the principal building. This 200 feet shall be measured along a public
way. Such off-premise parking shall be in possession, by deed or lease, of the owners of
the use served.
Article 34 - Page 2
In the Business 1 district, all required parking shall be located at the rear of the
principle building.
Voted favorably - Vote passes on a show of hands vote - 2/3 declared by Moderator
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
Helen P. Christian
Tow n Oerk
TIffi COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
Mansfuli, Massachusetts 02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 35
To see if the Town will vote to authorize the Selectmen to acquire by gift, purchase or
eminent domain, land parcels or rights in land parcels to allow for the construction of
roadway safety improvements by reconstructing the Otis Street bridge; such parcels of
land are situated on both sides of Otis Street, and are shown on plans entitled,
"Easements and Landtakings, Otis Street over the Wading River, Bridge Replacement",
by Commonwealth Engineers & Consultants, Inc., for the 25% Submission, as dated
11/07/03, or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 35 - Vote
Move the Town vote to authorize the Selectmen to acquire by gift, purchase or eminent
domain, land parcels or rights in land parcels to allow for the construction of roadway
safety improvements by reconstructing the Otis Street bridge; such parcels of land are
situated on both sides of Otis Street, and are shown on plans entitled, "Easements and
Landtakings, Otis Street over the Wading River, Bridge Replacement", by
Commonwealth Engineers & Consultants, Inc., for the 25% Submission, as dated
11/07/03.
Voted favorably - Vote passes on a show of hands vote - 2/3 declared by Moderator
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
Helen P. Christian
Tow n Oerk
mE COMMONWEAL1H OF MASSACHUSETIS
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
MansfuH, Massach1setts 02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 37
To see if the Town will vote to amend the Zoning By-Law to the extent necessary to add
a new section to the Bylaw, 6.0, Inclusionary Housing Requirement, and by renumbering
existing section 6.0 as 7.0, and by amending the Table of Contents by adding a new
Section 6.0 and renumbering existing Section 6.0 Administration, to Section 7.0,
Administration.
6.0 INCLUSIONARY HOUSING REQUIREMENT
6.1 Purpose
The purposes of the inclusionary housing bylaw are to produce high-quality dwelling
units affordable to low- or moderate-income households, to encourage the provision of
more housing choices in Mansfield, to promote geographic distribution of affordable
housing units throughout the town and avoid over-concentration, to prevent the
displacement of 10w- or moderate-income residents of Mansfield, to assist the Town in
addressing "local housing need" as defined in G.L. c.40B, Sections 20-23, and to assist
the Town in implementing its Affordable Housing Plan.
6.2 Definitions
6.2.1. Accessible: As applied to the design, construction, or alteration of a dwelling unit,
accessible housing is a housing unit that can be approached, entered, and used by
individuals with mobility impairments.
6.2.2 Affordable Housing Trust Fund: A fund account established and operated by the
Town for the exclusive purpose of creating or preserving affordable housing
opportunities in the Town of Mansfield.
Article 37 - Page 2
6.2.3 Affordable Housing Unit: A dwelling unit that is affordable to and occupied by a
low- or moderate-income household, meets the definition of low- or moderate-
income housing at 760 CMR.31.02, and is eligible for inclusion in the Chapter
40B Subsidized Housing Inventory through the Local Initiative Program.
6.2.4 Affordable Housing Restriction: A contract, mortgage agreement, deed.
restriction, or other legal instrument, acceptable in form and substance to the
Town of Mansfield, that effectively restricts occupancy of an affordable housing
unit to qualified purchaser or qualified renter, and which provides for
administration, monitoring and enforcement of the restriction during the term of
affordability. An affordable housing restriction shall run with the land in
perpetuity or for the maximum period of time allowed by law, so as to be binding
on and enforceable against any person claiming an interest in the property. An
affordable housing restriction shall be enforceable under the provisions of G.L.
c.184, Section 32, and be approved by the Department of Housing and
Community Development through the Local Initiative Program.
6.2.5 Dwelling Unit: A dwelling unit or a unit within an assisted living facility.
6.2.6 Local Initiative Program: A program administered by the Massachusetts
Department of Housing and Community Development (DHCD) pursuant to 760
CMR 45.00 to develop and implement local housing initiatives that produce low-
and moderate-income housing.
6.2.7 Low- or Moderate-Income Household: A household with income at or below 80%
of area median income, adjusted for household size, for the metropolitan or non-
metropolitan area that includes the Town of Mansfield as determined annually by
the U. S. Department of Housing and Urban Development (HOD).
6.2.8 Maximum Affordable Purchase Price or Rent: A selling price or monthly rent,
exclusive of utilities, that meets the maximum purchase price or rent guidelines of
the Local Initiative Program.
6.2.9 Qualified Purchaser: A low- or moderate-income household that purchases and
occupies an affordable housing unit as its principal residence.
6.2.10 Qualified Renter: A low or moderate-income household that rents and occupies an
affordable housing unit as a tenant.
6.2.11 Subsidized Housing Inventory: The Department of Housing and Community
Development Chapter 40B Subsidized Housing Inventory as provided in 760
CMR 31.04.
Article 37 - Page 3
6.3 Applicability
6.3.1 This Bylaw applies to all developments involving the creation of six (6) or
dwelling units or six (6) or more lots for residential use. Developments may not be
segmented to avoid compliance with this Bylaw.
6.3.2 This Bylaw does not apply to any development for which a complete application'
for a special permit, a subdivision of land, or a plan of land that does not require Planning
Board approval under G.L. c.41, Section 81P has been submitted to the Town Clerk prior
to the adoption of this Bylaw by Town Meeting.
6.4. Mandatory Provision of Affordable Housing Units
In any development subject to this Bylaw, the sixth housing unit and every seventh unit
thereafter shall be an affordable housing unit. Nothing in this section shall preclude a
developer from providing more affordable housing units than required under the
provisions of this Bylaw.
6.5. Methods of Providing Affordable Housing Units
The Planning Board, in its discretion, may approve one or more of the following
methods, or any combination thereof, for the provision of affordable housing units by a
development that is subject to this Bylaw.
6.5.1. The affordable housing units may be constructed or rehabilitated on the locus of
the development.
6.5.2. The affordable housing units may be constructed or rehabilitated on a locus
different than that of the development. The Planning Board, in its discretion, may
allow a developer of non-rental dwelling units to develop, construct or otherwise
provide affordable units equivalent to those required by this Bylaw in an off-site
location in the Town of Mansfield. All requirements of this Bylaw that apply to
on-site provision of affordable units shall apply to provision of off-site affordable
units. In addition, the location of the off-site units shall be approved by the
Planning Board as an integral element of the development review and approval
process.
6.5.3. A donation of land may be made in lieu of providing affordable housing units.
An applicant may offer, and the Planning Board may accept, subject to approval
of the Board of Selectmen, donations of land in fee simple, on- or off-site, that the
Planning Board determines are suitable for the construction of affordable housing
units. The value of donated land shall be equal to or greater than the value of the
Article 37 - Page 4
construction or set-aside of the affordable units. The Planning Board may require,
prior to accepting land as satisfaction of the requirements of this Bylaw, that the
applicant submit appraisals of the land in question, as well as other data relevant
to the determination of equivalent value.
6.5.4. An equivalent fee in lieu of units may be made. The Planning Board, in it&
discretion, may allow a developer of non-rental dwelling units to make a cash
payment to the Town through its Affordable Housing Trust Fund for each
affordable unit required by Section 6.4. The cash payment, or equivalent value in
land or buildings, shall be equal to the difference between the median single-
family home sale price in Mansfield for the most recent three fiscal years, as
determined by the Board of Assessors, and the price of an affordable housing unit
for a qualified purchaser, assuming a household size of 1.49 persons per bedroom
rounded to the nearest whole person.
6.6. General Provisions
6.6.1. The Planning Board shall be charged with administering this Bylaw and shall
promulgate rules and regulations to implement its provisions, including but not
limited to submission requirements and procedures, methods of setting the
maximum affordable sale price or rent, minimum requirements for a marketing
plan, and documentation required by the Town to qualify the affordable housing
units for listing on the Chapter 40B Subsidized Housing Inventory.
6.6.2. Affordable dwelling units shall be dispersed throughout the building(s) in a
development and shall be comparable to market housing units in terms of
location, quality and character, room size, bedroom distribution, and external
appearance.
6.6.3. The Planning Board, in its discretion, may require the provision of an accessible
unites), up to 5% of the total number of units, and may designate when the unites)
shall be provided during the construction process.
6.6.4. The selection of qualified purchasers or qualified renters shall be carried out
under a marketing plan approved by the Planning Board. The duration and design
of this plan shall reasonably inform all those seeking affordable housing, both
within and outside the Town, of the availability of such units. The marketing plan
must describe how the applicant will accommodate local preference requirements,
if any, established by the Board of Selectmen, in a manner that complies with the
nondiscrimination in tenant or buyer selection guidelines of the Local Initiative
Program.
Article 37 - Page 5
6.6.5. Developers may sell affordable units to the Town of Mansfield, the Mansfield
Housing Authority, the Mansfield Housing Corporation, or to any non-profit
housing development organization serving Mansfield, in order that such entity
may carry out the steps needed to market the affordable housing units and manage
the choice of buyers.
6.7. Timing of Construction
6.7.1. Where feasible, affordable housing units shall be provided coincident to the
development of market-rate units, but in no event shall the development of
affordable units or payment of fees in lieu of providing affordable units be
delayed beyond the schedule below. Fractions of units shall not be counted.
MARKET-RATE UNIT %
Up to 30%
30% plus 1 unit
Up to 50%
Up to 75%
75% plus 1 unit
Up to 90%
AFFORDABLE HOUSING UNIT %
None required
At least 10%
At least 30%
At least 50%
At least 70%
100%
6.7.2. Certificates of Occupancy for any market-rate housing units shall be issued at a
ratio of Certificates of Occupancy for required affordable housing units or fees paid in
lieu of units in accordance with the schedule above.
6.8. Preservation of Affordability; Restrictions on Resale
6.8.1. An affordable housing unit created in accordance with this Bylaw shall be subject
to an affordable housing restriction or regulatory agreement that contains limitations on
use, resale and rents. The affordable housing restriction or regulatory agreement shall
meet the requirements of the Town and the Local Initiative Program, and shall be in force
for the maximum period allowed by law.
6.8.2. The affordable housing restriction or regulatory agreement shall be enforceable
under the provisions ofG.L. c.184, Section 32.
6.8.3. The Planning Board shall require that the applicant comply with the mandatory
provision of affordable housing units and accompanying restrictions on affordability,
including the execution of the affordable housing restriction or regulatory agreement.
Article 37 - Page 6
6.8.4. All documents necessary to ensure compliance with this Bylaw shall be subject to
the review and approval of the Planning Board and, as applicable, Town Counsel.
Such documents shall be executed prior to and as a condition of the issuance of
any Certificate of Occupancy.
6.9. Severability, Conflict with Other Laws
6.9.1. To the extent that a conflict exists between this Bylaw and other bylaws of the
Town of Mansfield, the more restrictive provisions shall apply.
6.9.2. If a court of competent jurisdiction holds any provision of this Bylaw invalid, the
remainder of the Bylaw shall not be affected thereby. The invalidity of any
section or sections, or parts of any section or sections, of this Bylaw shall not
affect the validity of the remaining sections or parts of sections or the other
bylaws of the Town of Mansfield.
Or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 37 - Vote
Move the Town vote to amend the Zoning By-Law to the extent necessary to add a new
section to the Bylaw, 6.0, Inclusionary Housing Requirement, and by renumbering
existing section 6.0 as 7.0, and by amending the Table of Contents by adding a new
Section 6.0 and renumbering existing Section 6.0 Administration, to Section 7.0,
Administration.
6.0 INCLUSIONARY HOUSING REQUIREMENT
6.1 Purpose
The purposes of the inclusionary housing bylaw are to produce high-quality dwelling
units affordable to low- or moderate-income households, to encourage the provision of
more housing choices in Mansfield, to promote geographic distribution of affordable
housing units throughout the town and avoid over-concentration, to prevent the
displacement of 10w- or moderate-income residents of Mansfield, to assist the Town in
addressing "local housing need" as defined in G.L. c.40B, Sections 20-23, and to assist
the Town in implementing its Affordable Housing Plan.
Article 37 - Page 7
6.2 Definitions
6.2.1. Accessible: As applied to the design, construction, or alteration of a dwelling unit,
accessible housing is a housing unit that can be approached, entered, and used by
individuals with mobility impairments.
6.2.2 Affordable Housing Trust Fund: A fund account established and operated by the.
Town for the exclusive purpose of creating or preserving affordable housing
opportunities in the Town of Mansfield.
6.2.3 Affordable Housing Unit: A dwelling unit that is affordable to and occupied by a
low- or moderate-income household, meets the definition of low- or moderate-
income housing at 760 CMR.31.02, and is eligible for inclusion in the Chapter
40B Subsidized Housing Inventory through the Local Initiative Program.
6.2.4 Affordable Housing Restriction: A contract, mortgage agreement, deed
restriction, or other legal instrument, acceptable in form and substance to the
Town of Mansfield, that effectively restricts occupancy of an affordable housing
unit to qualified purchaser or qualified renter, and which provides for
administration, monitoring and enforcement of the restriction during the term of
affordability. An affordable housing restriction shall run with the land in
perpetuity or for the maximum period of time allowed by law, so as to be binding
on and enforceable against any person claiming an interest in the property. An
affordable housing restriction shall be enforceable under the provisions of G.L.
c.184, Section 32, and be approved by the Department of Housing and
Community Development through the Local Initiative Program.
6.2.5 Dwelling Unit: A dwelling unit or a unit within an assisted living facility.
6.2.6 Local Initiative Program: A program administered by the Massachusetts
Department of Housing and Community Development (DHCD) pursuant to 760
CMR 45.00 to develop and implement local housing initiatives that produce low-
and moderate-income housing.
6.2.7 Low- or Moderate-Income Household: A household with income at or below 80%
of area median income, adjusted for household size, for the metropolitan or non-
metropolitan area that includes the Town of Mansfield as determined annually by
the U. S. Department of Housing and Urban Development (HUD).
6.2.8. Maximum Affordable Purchase Price or Rent: A selling price or monthly rent,
exclusive of utilities, that meets the maximum purchase price or rent guidelines of
the Local Initiative Program.
Article 37 - Page 8
6.2.9 Qualified Purchaser: A low- or moderate-income household that purchases and
occupies an affordable housing unit as its principal residence.
6.2.10 Qualified Renter: A low or moderate-income household that rents and occupies an
affordable housing unit as a tenant.
6.2.11 Subsidized Housing Inventory: The Department of Housing and Community
Development Chapter 40B Subsidized Housing Inventory as provided in 760 CMR 31.04
6.3 Applicability
6.3.1 This Bylaw applies to all developments involving the creation of six (6) or *more
dwelling units or six (6) or more lots for residential use. Developments may not
be segmented to avoid compliance with this Bylaw.
6.3.2 This Bylaw does not apply to any development for which a complete application
for a special permit, a subdivision of land, or a plan of land that does not require
Planning Board approval under G.L. c.41, Section 81P has been submitted to the
Town Clerk prior to the adoption of this Bylaw by Town Meeting.
6.4. Mandatory Provision of Affordable Housing Units
In any development subject to this Bylaw, the sixth housing unit and every
seventh unit thereafter shall be an affordable housing unit. Nothing in this section
shall preclude a developer from providing more affordable housing units than
required under the provisions of this Bylaw.
6.5. Methods of Providing Affordable Housing Units
The Planning Board, in its discretion, may approve one or more of the following
methods, or any combination thereof, for the provision of affordable housing units
by a development that is subject to this Bylaw.
6.5.1. The affordable housing units may be constructed or rehabilitated on the locus of
the development.
6.5.2. The affordable housing units may be constructed or rehabilitated on a locus
different than that of the development. The Planning Board, in its discretion, may
allow a developer of non-rental dwelling units to develop, construct or otherwise
provide affordable units equivalent to those required by this Bylaw in an off-site
location in the Town of Mansfield. All requirements of this Bylaw that apply to
on-site provision of affordable units shall apply to provision of off-site affordable
units. In addition, the location of the off-site units shall be approved by the
Planning Board as an integral element of the development review and approval
process.
Article 37 - Page 9
6.5.3. A donation of land may be made in lieu of providing affordable housing units.
An applicant may offer, and the Planning Board may accept, subject to approval
of the Board of Selectmen, donations of land in fee simple, on- or off-site, that the
Planning Board determines are suitable for the construction of affordable housing
units. The value of donated land shall be equal to or greater than the value of the
construction or set-aside of the affordable units. The Planning Board may require,
prior to accepting land as satisfaction of the requirements of this Bylaw, that the-.
applicant submit appraisals of the land in question, as well as other data relevant
to the determination of equivalent value.
6.5.4. An equivalent fee in lieu of units may be made. The Planning Board, in its
discretion, may allow a developer of non-rental dwelling units to make a cash
payment to the Town through its Affordable Housing Trust Fund for each
affordable unit required by Section 6.4. The cash payment, or equivalent value in
land or buildings, shall be equal to the difference between the median single-
family home sale price in Mansfield for the most recent three fiscal years, as
determined by the Board of Assessors, and the price of an affordable housing unit
for a qualified purchaser, assuming a household size of 1.49 persons per bedroom
rounded to the nearest whole person.
6.6. General Provisions
6.6.1. The Planning Board shall be charged with administering this Bylaw and shall
promulgate rules and regulations to implement its provisions, including but not
limited to submission requirements and procedures, methods of setting the
maximum affordable sale price or rent, minimum requirements for a marketing
plan, and documentation required by the Town to qualify the affordable housing
units for listing on the Chapter 40B Subsidized Housing Inventory.
6.6.2. Affordable dwelling units shall be dispersed throughout the building(s) in a
development and shall be comparable to market housing units in terms of
location, quality and character, room size, bedroom distribution, and external
appearance.
6.6.3. The Planning Board, in its discretion, may require the provision of an accessible
unites), up to 5% of the total number of units, and may designate when the unites)
shall be provided during the construction process.
6.6.4. The selection of qualified purchasers or qualified renters shall be carried out
under a marketing plan approved by the Planning Board. The duration and design
of this plan shall reasonably inform all those seeking affordable housing, both
within and outside the Town, of the availability of such units. The marketing plan
must describe how the applicant will accommodate local preference
Article 37 - Page 10
requirements, * established by the Board of Selectmen, in a manner that complies
with the nondiscrimination in tenant or buyer selection guidelines of the Local
Initiative Program.
6.6.5. Developers may sell affordable units to the Town of Mansfield, the Mansfield
Housing Authority, the Mansfield Housing Corporation, or to any non-profit
housing development organization serving Mansfield, in order that such entity,
may carry out the steps needed to market the affordable housing units and manage
the choice of buyers.
, 6.7. Timing of Construction
6.7.1. Where feasible, affordable housing units shall be provided coincident to the
development of market-rate units, but in no event shall the development of
affordable units or payment of fees in lieu of providing affordable units be
delayed beyond the schedule below. Fractions of units shall not be counted.
MARKET-RATE UNIT %
Up to 30%
30% plus 1 unit
Up to 50%
Up to 75%
75% plus 1 unit
Up to 90%
AFFORDABLE HOUSING UNIT %
None required
At least 10%
At least 30%
At least 50%
At least 70%
100%
6.7.2. Certificates of Occupancy for any market-rate housing units shall be issued at a
ratio of Certificates of Occupancy for required affordable housing units or fees
paid in lieu of units in accordance with the schedule above.
6.8. Preservation of Affordability; Restrictions on Resale
6.8.1. An affordable housing unit created in accordance with this Bylaw shall be subject
to an affordable housing restriction or regulatory agreement that contains
limitations on use, resale and rents. The affordable housing restriction or
regulatory agreement shall meet the requirements of the Town and the Local
Initiative Program, and shall be in force for the maximum period allowed by law.
6.8.2. The affordable housing restriction or regulatory agreement shall be enforceable
under the provisions ofG.L. c.184, Section 32.
6.8.3. The Planning Board shall require that the applicant comply with the mandatory
provision of affordable housing units and accompanying restrictions on
affordability, including the execution of the affordable housing restriction or
regulatory agreement.
Article 37 - Page 11
6.8.4. All documents necessary to ensure compliance with this Bylaw shall be subject to
the review and approval of the Planning Board and, as applicable, Town Counsel.
Such documents shall be executed prior to and as a condition of the issuance of
any Certificate of Occupancy.
6.9. Severability, Conflict with Other Laws
6.9.1. To the extent that a conflict exists between this Bylaw and other bylaws of the
Town of Mansfield, the more restrictive provisions shall apply.
6.9.2. If a court of competent jurisdiction holds any provision of this Bylaw invalid, the
remainder of the Bylaw shall not be affected thereby. The invalidity of any
section or sections, or parts of any section or sections, of this Bylaw shall not
affect the validity of the remaining sections or parts of sections or the other
bylaws of the Town of Mansfield.
* Amendment - Voted favorably - Vote passes on a show of hands - 2/3 vote
declared by Moderator
Main Motion as amended - Voted favorably - Vote passes on a show of hands -
2/3 vote declared by Moderator
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
THE COMMONWEALlH OF MASSACHUSETIS
TOWN OF MANSFIELD
Helen P. Christian
Tow n Oerk
Office of the Town Clerk
6 Park Row
MansfieH, Massaclmsetts 02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 38
To see if the Town will vote to authorize the Board of Selectmen to submit a petition to
the General Court, in substantially the following form:
AFFORDABLE HOUSING TRUST FUND
SECTION 1. The Town of Mansfield may establish a separate fund to be known as the
Affordable Housing Trust Fund for the purpose of creating or preserving affordable
housing by (a) the Town of Mansfield or the Mansfield Housing Authority, (b) the
Mansfield Housing Corporation or a housing trust, community development corporation,
non-profit housing development corporation, or similar entity created under the laws of
the commonwealth for the purpose of creating, maintaining or operating affordable
housing, or (c) an applicant for affordable housing funds to the United States Department
of Housing and Urban Development or the Massachusetts Department of Housing and
Community Development, subject to the subsequent approval of funding by that agency.
Expenditures from the Affordable Housing Trust Fund shall be authorized by a majority
vote of the Board of Selectmen, in consultation with the Mansfield Housing Partnership.
SECTION 2. All the expenditures from the fund shall be used for low- or moderate-
income housing as defined in section 20 of chapter 40B of the General Laws. The funds
may be used to:
a) Purchase and improve land for low- or moderate-income housing;
b) Acquire and rehabilitate or redevelop existing dwelling units for purchase or
rental by low- or moderate-income homebuyers or tenants;
c) Acquire, redevelop and convert existing non-residential structures for 10w- or
moderate-income housing;
Article 38 - Page 2
d) Develop and construct new dwelling units for purchase or rental by low- and
moderate-income housing purchasers or tenants;
e) Purchase rights of first refusal to acquire existing dwelling units for sale or rental
to low- or moderate-income households;
f) Provide grants, low-interest loans or deferred payment loans to assist low- or
moderate-income homebuyers to purchase a home in the Town of Mansfield;
g) Redevelop and convert municipal, school or other public buildings for low- or
moderate-income housing.
Expenditures shall follow an allocation plan submitted by the Board of Selectmen
annually to the Town at the Annual Town Meeting and approved by Town Meeting. The
allocation plan may be amended by the Town Meeting at any Special Town Meeting
upon a favorable recommendation from the Board of Selectmen. The Board of
Selectmen may request the advice of the Mansfield Housing Partnership, the Planning
Board and others in developing any allocation plan. The allocation plan shall be a general
plan of how funds will be expended during the next fiscal year. It shall also include a
report on how funds were spent during the previous fiscal year.
All expenditures from the fund, including funds for capital purchases of land or
buildings, shall be in accordance with the allocation plan and approved by a majority vote
of the Board of Selectmen.
SECTION 3. As a means of providing available assets for the fund, all monies received
by the Town through the following means shall be paid over to and become a part of the
fund for the purposes set forth in this act:
a) Cash payments made by developers to the Town pursuant to section 6 of the
Mansfield Zoning Bylaw.
b) Funds authorized by Town meeting for community housing purposes under
chapter.44B, the Community Preservation Act, if the if the town votes to accept section 3
to 7, inclusive of said chapter 44B.
c) Gifts, grants, donations, contributions or other cash payments made to and
accepted by the Town for the purpose of providing low- or moderate-income housing.
d) Any other source of revenue determined by Town Meeting, as allowed by law.
SECTION 4. Real property interests purchased or conveyed by the Town under this act
shall be in accordance with section 16 of chapter 30B of the General Laws, unless exempt
under section 1 of said chapter 30B or under other laws of the Commonwealth.
Article 38 - Page 3
The Board of Selectmen may convey, through sale, lease or transfer, real property
purchased under this act provided that an affordable housing use restriction as defined in
section 31 of chapter 184 of the General Laws is executed with or on behalf of the
purchaser or owner of the property and recorded at the Registry of Deeds. The term of
the affordable housing use restriction shall be the maximum allowed by law unless a
lesser term is authorized in the allocation plan approved by Town meeting. Real property
conveyed through sale, lease or transfer to a for-profit or non-profit developer to provide
low- or moderate-income rental housing shall be subject to an affordable housing
regulatory agreement executed with or on behalf of the developer and the Department of
Housing and Community Development
SECTION 5. The Town Treasurer shall be the custodian of the fund and shall invest the
funds in the manner authorized by sections 55, 55A and 55B of chapter 44 of the General
Laws. Any income or proceeds received from the investment of funds shall be credited to
and become part of the fund. Or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 38 - Vote
Move the Town vote to authorize the Board of Selectmen to submit a petition to the
General Court, in substantially the following form:
AFFORDABLE HOUSING TRUST FUND
SECTION 1. The Town of Mansfield may establish a separate fund to be known as the
Affordable Housing Trust Fund for the purpose of creating or preserving affordable
housing by (a) the Town of Mansfield or the Mansfield Housing Authority, (b) the
Mansfield Housing Corporation or a housing trust, community development corporation,
non-profit housing development corporation, or similar entity created under the laws of
the commonwealth for the purpose of creating, maintaining or operating affordable
housing, or (c) an applicant for affordable housing funds to the United States Department
of Housing and Urban Development or the Massachusetts Department of Housing and
Community Development, subject to the subsequent approval of funding by that agency.
Expenditures from the Affordable Housing Trust Fund shall be authorized by a majority
vote of the Board of Selectmen, in consultation with the Mansfield Housing Partnership.
SECTION 2. All the expenditures from the fund shall be used for low- or moderate-
income housing as defined in section 20 of chapter 40B of the General Laws. The funds
may be used to:
a) Purchase and improve land for low- or moderate-income housing;
Article 38 - Page 4
b) Acquire and rehabilitate or redevelop existing dwelling units for purchase or
rental by low- or moderate-income homebuyers or tenants;
c) Acquire, redevelop and convert existing non-residential structures for low- or
moderate-income housing;
d) Develop and construct new dwelling units for purchase or rental by low- and
moderate-income housing purchasers or tenants;
e) Purchase rights of first refusal to acquire existing dwelling units for sale or rental
to low- or moderate-income households;
f) Provide grants, low-interest loans or deferred payment loans to assist low- or
moderate-income homebuyers to purchase a home in the Town of Mansfield;
g) Redevelop and convert municipal, school or other public buildings for low- or
moderate-income housing.
Expenditures shall follow an allocation plan submitted by the Board of Selectmen
annually to the Town at the Annual Town Meeting and approved by Town Meeting. The
allocation plan may be amended by the Town Meeting at any Special Town Meeting
upon a favorable recommendation from the Board of Selectmen. The Board of
Selectmen may request the advice of the Mansfield Housing Partnership, the Planning
Board and others in developing any allocation plan. The allocation plan shall be a general
plan of how funds will be expended during the next fiscal year. It shall also include a
report on how funds were spent during the previous fiscal year.
All expenditures from the fund, including funds for capital purchases of land or
buildings, shall be in accordance with the allocation plan and approved by a majority vote
of the Board of Selectmen.
SECTION 3. As a means of providing available assets for the fund, all monies received
by the Town through the following means shall be paid over to and become a part of the
fund for the purposes set forth in this act:
a) Cash payments made by developers to the Town pursuant to section 6 of the
Mansfield Zoning Bylaw.
b) Funds authorized by Town meeting for community housing purposes under
chapter.44B, the Community Preservation Act, if the if the town votes to accept section 3
to 7, inclusive of said chapter 44B.
c) Gifts, grants, donations, contributions or other cash payments made to and
accepted by the Town for the purpose of providing low- or moderate-income housing.
Article 38 - Page 5
d) Any other source of revenue determined by Town Meeting, as allowed by law.
SECTION 4. Real property interests purchased or conveyed by the Town under this act
shall be in accordance with section 16 of chapter 30B of the General Laws, unless exempt
under section 1 of said chapter 30B or under other laws of the Commonwealth.
The Board of Selectmen may convey, through sale, lease or transfer, real property
purchased under this act provided that an affordable housing use restriction as defined in
section 31 of chapter 184 of the General Laws is executed with or on behalf of the
purchaser or owner of the property and recorded at the Registry of Deeds. The term of
the affordable housing use restriction shall be the maximum allowed by law unless a
lesser term is authorized in the allocation plan approved by Town meeting.
Real property conveyed through sale, lease or transfer to a for-profit or non-profit
developer to provide low- or moderate-income rental housing shall be subject to an
affordable housing regulatory agreement executed with or on behalf of the developer and
the Department of Housing and Community Development
SECTION 5. The Town Treasurer shall be the custodian of the fund and shall invest the
funds in the manner authorized by sections 55, 55A and 55B of chapter 44 of the General
Laws. Any income or proceeds received from the investment of funds shall be credited to
and become part of the fund.
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
THE COMMONWEAI.:rn OF MASSACHUSETIS
TOWN OF MANSFIELD
Helen P. Christian
Tow n Oerk
Office 0 f the Town Clerk
6 Park Row
Mansfieli, Massachusetts 02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 39
To see if the Town will vote to authorize the Board of Selectmen to petition the General
Court for permission to establish the Mansfield Housing Corporation, in substantially the
following form:
SECTION 1. There is hereby established a nonprofit housing corporation to be known as
the Mansfield Housing Corporation, which shall be governed by a board of directors,
referred to in this act to as the board. The board shall consist of not less than seven or
more than eleven members, who shall be appointed by the board of selectmen of the
Town of Mansfield for staggered three-year terms as designated by the board of
selectmen, such appointments to be made annually by the board of selectmen on or
before July 1. Members shall serve until their successors are appointed and qualified. A
majority of the members shall constitute a quorum for the transaction of any business, but
any action of the board of directors shall require the affirmative vote of a majority of the
entire board. Continuing members may act despite vacancies in the board and for this
purpose shall be deemed to constitute a full board. Any vacancy in the board, however
occurring, shall be filled by the board of selectmen for the unexpired portion of the term.
The first meeting of the corporation shall be called by the chairman pro tern, who shall be
designated by the board of selectmen when the initial appointments to the board of
directors are made. There shall be elected by and from the board of directors a president,
treasurer, secretary/clerk, and any other officers considered necessary by said board.
The members of the board of directors shall not receive compensation for the
performance of their duties hereunder, but each member shall be reimbursed by the
corporation for expenses actually incurred in the performance of his duties. Every
reimbursement shall be open to public inspection from and after the requisition therefore.
The board of directors shall have the powers to set a fiscal year for the operation of the
corporation and to make, amend, or repeal the by-laws in whole or in part.
Article 39 - Page 2
The board of directors of the Mansfield Housing Corporation shall exercise its powers
and perform its duties for the purpose of investigating and implementing alternatives for
providing housing affordable to low- or moderate-income households, for assisting the
Town in implementing its affordable housing plan, for providing housing for other
households whose needs may be identified from time to time in the town of Mansfield,
and for carrying out affordable housing plans, studies and other initiatives on behalf of or
in partnership with the Town of Mansfield.
The powers and duties of the board as set forth herein are intended to be alternative and
supplemental to, and not in limitation of, the powers and duties of the Mansfield Housing
Authority established pursuant to chapter 121 B of the General Laws. The liability of the
board and its members shall be limited to the same extent as the liability of a public
employer and public employees as provided in section 2 of chapter 258 of the General
Laws.
SECTION 2. (a) The board of directors of the Mansfield Housing Corporation shall have
the powers and privileges conferred by the provisions of clauses (a) to (i), inclusive, and
clause (k) of section 9 of chapter 156B of the General Laws, and the following powers,
but that no such power shall be exercised either in a manner inconsistent with this act or
any general or special law, and the board shall not carry on any activity which is not in
furtherance of the purposes set forth in this act:
1) to adopt, amend, and repeal corporate by-laws, said by-laws to be subject to the
approval of the board of selectmen, for the regulation and conduct of its business
including, but not limited to, the call and conduct of its meetings, the number of
members which shall constitute a quorum and the mode of voting by proxy;
2) to elect a chairperson and vice-chairperson, each of whom shall be members of
the board, and a secretary and a treasurer, who need not be members of the board
and who may be the same person. The treasurer shall give bond for the faithful
performance of his duties, the cost of which bond shall be paid from funds of the
board. The chairperson and in the chairperson's absence, the vice-chairperson
shall chair meetings of the board. The secretary shall be the custodian of all
books, documents and papers filed with the board and of the minute book or
journal of the board;
3) to make and execute all contracts and all other instruments necessary or
convenient for the exercise of its power and functions;
4) to acquire or lease, by purchase, gift or otherwise, and to own, hold and use, on
such terms and conditions and in such manner as it may deem proper, and to
exchange, grant options on, sell, transfer, convey, assign, lease, pledge, mortgage,
encumber, grant liens on and security interests or to otherwise dispose of; on such
terms and conditions as it may deem proper, real, personal or mixed real and
Article 39 - Page 3
personal property or any interest, easements or rights therein and assets or
revenues of said board, as may be necessary or appropriate to carry out its
purposes;
5) to enter into agreements or other transactions with the commonwealth or a
political subdivision or public instrumentality thereof; the United States
government or a federal, state or other governmental agency;
6) to act as the Town's designated developer oflow- or moderate-income housing on
land owned and controlled by the Town, when authorized to do so by town
meeting;
7) to borrow money and to execute notes therefore which shall not be deemed to be
debts or obligations of the town of Mansfield, to hold mortgages, and to invest
any funds held in reserve funds, or any funds not required for immediate
disbursement in such investments as may be lawful for fiduciaries in the
commonwealth and said board shall have no stock;
8) to enter into contracts or agreements with, and to employ from time to time,
contractors, architects, engineers, consultants, attorneys, accountants,
construction, financial and other experts, superintendents, managers and such
other agents and employees as may be necessary in its judgment and to fix their
compensation;
9) to receive and hold funds appropriated by the town and other funds, property,
labor and other things of value from any source, public or private by gift, grant,
bequest, loan or otherwise, either absolutely or in trust, and to expend or utilize
the same on behalf of said board for any of its purposes or to act as an agent or
conduit in administering or disbursing funds or financial or other aid from any
source;
10) to appear in its own behalf before boards, commissions, departments or other
agencies of government, municipal, state or federal;
11) to procure insurance against any loss in connection with the property, or activities
of the board, in such amounts and from such insurers as it may deem necessary or
desirable and to indemnify its members or agents if and to the extent specified
from time to time in the by-laws of the board and subject to and in the manner
provided in section 6 of chapter 180 of the General Laws;
12) to formulate and carry out or monitor plans for projects involving the acquisition
or operation of housing facilities of any kind or nature and to construct,
reconstruct, renovate, expand, extend, improve, repair, remodel, equip, furnish,
maintain, manage and operate such facilities;
Article 39 - Page 4
13) to fix and revise from time to time and to charge and collect rates, fees, rentals
and other charges and sales prices for or in connection with the use, occupancy or
other disposition of any housing facility or other property or portion thereof under
its ownership or control;
14) to establish, impose, grant or amend, by deed, lease or other means or method,
and to hold the benefit or, monitor, exercise and enforce lawful restrictions on the
rental, sale, resale, use or occupancy of housing facilities or other property under
its ownership or control or other facilities or property designated by the selectmen
of the town, or restrictions with respect to the income of owners, tenants or
occupants of such housing facilities or other property, or options and rights of first
refusal with respect to such facilities or property and to waive, release or
discharge any such rights or restrictions;
15) to enter into, perform or monitor agreements or other transactions with
contractors, developers, brokers or other real estate professionals or any other
person relating to the providing of affordable housing for persons of low and
moderate income in the town; and
16) to do any and all things necessary or convenient to carry out its purposes and
exercise the powers conferred by this act.
(b) The board may be a partner in any business enterprise that it would have power to
conduct by itself.
SECTION 3. Notwithstanding the proVISIons of any general or special law to the
contrary, the income, assets and activities of the board shall be exempt from all taxes and
assessments and the board shall not be subject to any of the provisions of chapter 63 of
the General Laws or to any taxes based upon or measured by property or income imposed
by the commonwealth or by any political subdivision thereof. The board of directors of
the Mansfield Housing Corporation may enter into an agreement with the assent of the
town of Mansfield, wherein the board shall undertake to make to the town annual
payments in lieu of taxes in connection with any real property acquired and owned by the
board, the amounts of such payments to be reasonable sums stipulated in each such
agreement or determined in accordance with a reasonable formula so stipulated.
SECTION 4. Without limitation of the powers of the board of directors of the Mansfield
Housing Corporation set forth in section 2, the board is authorized to receive and to
expend and utilize for its purposes all proceeds that have been appropriated by the town
of Mansfield for such purposes. In addition, the town may appropriate other funds for the
carrying out by the board of its purposes as set forth herein. Any appropriation therefore
may be raised by the town by taxation. At least annually, the board shall cause
independent audits to be made of its books and records of the board, which annual audits
shall be filed with the board of selectmen of the town.
Article 39 - Page 5
SECTION 5. Without limitation of the powers of the board of directors of the Mansfield
Housing Corporation set forth in section 2, the board is authorized to acquire, lease or
otherwise receive any real property conveyed to it by the Town of Mansfield for purposes
consistent with this act. By a two-thirds vote of town meeting, the Town may enter into a
contract to sell, transfer, conveyor lease real property to the Mansfield Housing
Corporation for purposes of developing low- or moderate-income housing as defined in
chapter 40B, sections 20-23, and said contract shall be exempt from chapter 30B, section
16, as equivalent to a sale or lease to a public or quasi-public agency pursuant to chapter
30B, section 1 (b )(25).
SECTION 6. In the event that the board of directors of the Mansfield Housing
Corporation shall be dissolved in accordance with the law at any time, all property and
interests therein, assets and rights of said board existing at such time shall be transferred
to the town of Mansfield by authority of this act, and title to all such property and all such
rights shall vest in said town automatically without the need for further action or
instrument, and said town shall, to the maximum extent permitted by law, and acting by
and through its board of selectmen, assume, hold and exercise the powers and duties of
the board set forth herein with respect to such property and rights so transferred to said
town.
SECTION 7. This act shall take effect upon its passage.
Or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 39 - Vote
Move the Town vote to authorize the Board of Selectmen to petition the General Court
for permission to establish the Mansfield Housing Corporation, in substantially the
following form:
SECTION 1. There is hereby established a nonprofit housing corporation to be known as
the Mansfield Housing Corporation, which shall be governed by a board of directors,
referred to in this act to as the board. The board shall consist of not less than seven or
more than eleven members, who shall be appointed by the board of selectmen of the
Town of Mansfield for staggered three-year terms as designated by the board of
selectmen, such appointments to be made annually by the board of selectmen on or
before July 1. Members shall serve until their successors are appointed and qualified. A
majority of the members shall constitute a quorum for the transaction of any business, but
any action of the board of directors shall require the affirmative vote of a majority of the
entire board. Continuing members may act despite vacancies in the board and for this
purpose shall be deemed to constitute a full board. Any vacancy in the board, however
occurring, shall be filled by the board of selectmen for the unexpired portion of the term.
Article 39 - Page 6
The first meeting of the corporation shall be called by the chairman pro tern, who shall be
designated by the board of selectmen when the initial appointments to the board of
directors are made. There shall be elected by and from the board of directors a president,
treasurer, secretary/clerk, and any other officers considered necessary by said board.
The members of the board of directors shall not receive compensation for the
performance of their duties hereunder, but each member shall be reimbursed by the
corporation for expenses actually incurred in the performance of his duties. Every
reimbursement shall be open to public inspectioh from and after the requisition therefore.
The board of directors shall have the powers to set a fiscal year for the operation of the
corporation and to make, amend, or repeal the by-laws in whole or in part.
The board of directors of the Mansfield Housing Corporation shall exercise its powers
and perform its duties for the purpose of investigating and implementing alternatives for
providing housing affordable to low- or moderate-income households, for assisting the
Town in implementing its affordable housing plan, for providing housing for other
households whose needs may be identified from time to time in the town of Mansfield,
and for carrying out affordable housing plans, studies and other initiatives on behalf of or
in partnership with the Town of Mansfield.
The powers and duties of the board as set forth herein are intended to be alternative and
supplemental to, and not in limitation of, the powers and duties of the Mansfield Housing
Authority established pursuant to chapter 121 B of the General Laws. The liability of the
board and its members shall be limited to the same extent as the liability of a public
employer and public employees as provided in section 2 of chapter 258 of the General
Laws.
SECTION 2. (a) The board of directors of the Mansfield Housing Corporation shall have
the powers and privileges conferred by the provisions of clauses (a) to (i), inclusive, and
clause (k) of section 9 of chapter 156B of the General Laws, and the following powers,
but that no such power shall be exercised either in a manner inconsistent with this act or
any general or special law, and the board shall not carry on any activity which is not in
furtherance of the purposes set forth in this act:
1) to adopt, amend, and repeal corporate by-laws, said by-laws to be subject to the
approval of the board of selectmen, for the regulation and conduct of its business
including, but not limited to, the call and conduct of its meetings, the number of
members which shall constitute a quorum and the mode of voting by proxy;
2) to elect a chairperson and vice-chairperson, each of whom shall be members of the
board, and a secretary and a treasurer, who need not be members of the board and
who may be the same person. The treasurer shall give bond for the faithful
performance of his duties, the cost of which bond shall be paid from funds of the
Article 39 - Page 7
board. The chairperson and in the chairperson's absence, the vice-chairperson shall
chair meetings of the board. The secretary shall be the custodian of all books,
documents and papers filed with the board and of the minute book or journal of the
board;
3) to make and execute all contracts and all other instruments necessary or convenient
for the exercise of its power and functions;
4) to acquire or lease, by purchase, gift or otherwise, and to own, hold and use, on such
terms and conditions and in such manner as it may deem proper, and to exchange,
grant options on, sell, transfer, convey, assign, lease, pledge, mortgage, encumber,
grant liens on and security interests or to otherwise dispose of; on such terms and
conditions as it may deem proper, real, personal or mixed real and personal property
or any interest, easements or rights therein and assets or revenues of said board, as
may be necessary or appropriate to carry out its purposes;
5) to enter into agreements or other transactions with the commonwealth or a political
subdivision or public instrumentality thereof; the United States government or a
federal, state or other governmental agency;
6) to act as the Town's designated developer of low- or moderate-income housing on
land owned and controlled by the Town, when authorized to do so by town meeting;
7) to borrow money and to execute notes therefore which shall not be deemed to be
debts or obligations of the town of Mansfield, to hold mortgages, and to invest any
funds held in reserve funds, or any funds not required for immediate disbursement in
such investments as may be lawful for fiduciaries in the commonwealth and said
board shall have no stock;
8) to enter into contracts or agreements with, and to employ from time to time,
contractors, architects, engineers, consultants, attorneys, accountants, construction,
financial and other experts, superintendents, managers and such other agents and
employees as may be necessary in its judgment and to fix their compensation;
9) to receive and hold funds appropriated by the town and other funds, property, labor
and other things of value from any source, public or private by gift, grant, bequest,
loan or otherwise, either absolutely or in trust, and to expend or utilize the same on
behalf of said board for any of its purposes or to act as an agent or conduit in
administering or disbursing funds or financial or other aid from any source;
10) to appear in its own behalf before boards, commissions, departments or other
agencies of government, municipal, state or federal;
11) to procure insurance against any loss in connection with the property, or activities of
the board, in such amounts and from such insurers as it may deem necessary or
Article 39 - Page 8
desirable and to indemnify its members or agents if and to the extent specified from
time to time in the by-laws of the board and subject to and in the manner provided in
section 6 of chapter 180 of the General Laws;
12)to formulate and carry out or monitor plans for projects involving the acquisition or
operation of housing facilities of any kind or nature and to construct, reconstruct,
renovate, expand, extend, improve, repair, remodel, equip, furnish, maintain, manage
and operate such facilities;
13) to fix and revise from time to time and to charge and collect rates, fees, rentals and
other charges and sales prices for or in connection with the use, occupancy or other
disposition of any housing facility or other property or portion thereof under its
ownership or control;
14) to establish, impose, grant or amend, by deed, lease or other means or method, and to
hold the benefit or, monitor, exercise and enforce lawful restrictions on the rental,
sale, resale, use or occupancy of housing facilities or other property under its
ownership or control or other facilities or property designated by the selectmen of the
town, or restrictions with respect to the income of owners, tenants or occupants of
such housing facilities or other property, or options and rights of first refusal with
respect to such facilities or property and to waive, release or discharge any such rights
or restrictions;
15) to enter into, perform or monitor agreements or other transactions with contractors,
developers, brokers or other real estate professionals or any other person relating to
the providing of affordable housing for persons of low and moderate income in the
town; and
16) to do any and all things necessary or convenient to carry out its purposes and exercise
the powers conferred by this act.
(b) The board may be a partner in any business enterprise that it would have power to
conduct by itself.
SECTION 3. Notwithstanding the proVISIons of any general or special law to the
contrary, the income, assets and activities of the board shall be exempt from all taxes and
assessments and the board shall not be subject to any of the provisions of chapter 63 of
the General Laws or to any taxes based upon or measured by property or income imposed
by the commonwealth or by any political subdivision thereof. The board of directors of
the Mansfield Housing Corporation may enter into an agreement with the assent of the
town of Mansfield, wherein the board shall undertake to make to the town annual
payments in lieu of taxes in connection with any real property acquired and owned by the
board, the amounts of such payments to be reasonable sums stipulated in each such
agreement or determined in accordance with a reasonable formula so stipulated.
Article 39 - Page 9
SECTION 4. Without limitation of the powers of the board of directors of the Mansfield
Housing Corporation set forth in section 2, the board is authorized to receive and to
expend and utilize for its purposes all proceeds that have been appropriated by the town
of Mansfield for such purposes. In addition, the town may appropriate other funds for the
carrying out by the board of its purposes as set forth herein. Any appropriation therefore
may be raised by the town by taxation. At least annually, the board shall cause
independent audits to be made of its books and records of the board, which annual audits
shall be filed with the board of selectmen of the town.
SECTION 5. Without limitation of the powers of the board of directors of the Mansfield
Housing Corporation set forth in section 2, the board is authorized to acquire, lease or
otherwise receive any real property conveyed to it by the Town of Mansfield for purposes
consistent with this act. By a two-thirds vote of town meeting, the Town may enter into a
contract to sell, transfer, conveyor lease real property to the Mansfield Housing
Corporation for purposes of developing low- or moderate-income housing as defined in
chapter 40B, sections 20-23, and said contract shall be exempt from chapter 30B, section
16, as equivalent to a sale or lease to a public or quasi-public agency pursuant to chapter
30B, section 1 (b )(25).
SECTION 6. In the event that the board of directors of the Mansfield Housing
Corporation shall be dissolved in accordance with the law at any time, all property and
interests therein, assets and rights of said board existing at such time shall be transferred
to the town of Mansfield by authority of this act, and title to all such property and all such
rights shall vest in said town automatically without the need for further action or
instrument, and said town shall, to the maximum extent permitted by law, and acting by
and through its board of selectmen, assume, hold and exercise the powers and duties of
the board set forth herein with respect to such property and rights so transferred to said
town.
SECTION 7. This act shall take effect upon its passage.
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
Helen P. Christian
Tow n Oerk
TIffi COMMONWEALTH OF MASSACHUSETIS
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
Mansfiekl, Massachusetts 02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 40
WHEREAS, the Town of Mansfield through its elected and appointed officials, has made
the objective of providing affordable housing solutions a high priority, and
WHEREAS, the Town of Mansfield recognizes that Massachusetts General Law Chapter
40B was enacted by the State Legislature with an intent of creating more opportunities
for the development of affordable housing, and
WHEREAS, The Town of Mansfield has added to its by-laws a requirement that all
residential development in excess of 6 units must include a minimum of 15% units
designated as affordable, and
WHEREAS, in the present 40B General Law and currently proposed amendments to it,
there is no provision for this type of inclusionary zoning on a statewide basis, and
WHEREAS, developers continue to build sites without affordable units while also using
the threat of 40B to force concessions from the community for high density or
controversial sites,
It is therefore RESOLVED, that the Town of Mansfield believes that Chapter 40B as it
currently exists is not an effective means of addressing the affordable housing problem in
Massachusetts, and that the Massachusetts Legislature should amend Chapter 40B by a)
requiring ALL residential developments over six units to include a minimum of 15%
units designated as affordable, and b) all such units will remain affordable in perpetuity,
and, c) maintain the current Definition of "Consistent with local needs" as amended by
2003,26, Sec. 181 effective July 1,2003. Or take any action related thereto.
SPONSOR: Board of Selectmen
Article 40 - Page 2
ARTICLE 40 - Vote
Move the Town vote:
WHEREAS, the Town of Mansfield through its elected and appointed officials, has made
the objective of providing affordable housing solutions a high priority, and
WHEREAS, the Town of Mansfield recognizes that Massachusetts General Law Chapter
40B was enacted by the State Legislature with an intent of creating more opportunities
for the development of affordable housing, and
WHEREAS, The Town of Mansfield has added to its by-laws a requirement that all
residential development in excess of 6 units must include a minimum of 15% units
designated as affordable, and
WHEREAS, in the present 40B General Law and currently proposed amendments to it,
there is no provision for this type of inclusionary zoning on a statewide basis, and
WHEREAS, developers continue to build sites without affordable units while also using
the threat of 40B to force concessions from the community for high density or
controversial sites,
It is therefore RESOLVED, that the Town of Mansfield believes that Chapter 40B as it
currently exists is not an effective means of addressing the affordable housing problem in
Massachusetts, and that the Massachusetts Legislature should amend Chapter 40B by a)
requiring ALL residential developments over six units to include a minimum of 15%
units designated as affordable, and b) all such units will remain affordable in perpetuity,
and, c) maintain the current Definition of "Consistent with local needs" as amended by
2003,26, Sec. 181 effective July 1,2003.
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
Helen P. Christian
Tow n aerk
THE COMMONWEALTH OF MASSACHUSETIS
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
Mansfiekl, Massachusetts 02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
May 19,2004
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 41
To see if the Town will vote to: (a) approve the form of the Tax Increment Financing
(TIF) Agreement between Liberty Bell Equipment Corporation d/b/a MEDCO and the
Town of Mansfield for land at 572 West Street (Map 44, Parcel 505) on file with the
Board of Selectmen and Town Clerk; (b) authorize the Board of Selectmen to execute the
TIF Agreement, and any documents relating thereto, and to take such other actions as are
necessary or appropriate to implement those documents; and (c) authorize the Board of
Selectmen to approve and certify proposed projects as provided in the TIF Plan and to
apply to the Economic Assistance Coordinating Council of the Commonwealth of
Massachusetts under the Economic Development Incentive Program for approval and
designation of the Economic Opportunity Area, TIF Agreement, TlF Plan, and any
certified projects, and take such other and further action as may be necessary or
appropriate to carry out the purposes of this article, or take any other action in relation
thereto.
SPONSOR: Board of Selectmen
ARTICLE 41- Vote
Move the Town vote to: (a) approve the form of the Tax Increment Financing (TIF)
Agreement between Liberty Bell Equipment Corporation d/b/a MEDCO and the Town of
Mansfield for land at 572 West Street (Map 44, Parcel 505) on file with the Board of
Selectmen and Town Clerk; (b) authorize the Board of Selectmen to execute the TIF
Agreement, and any documents relating thereto, and to take such other actions as are
necessary or appropriate to implement those documents; and (c) authorize the Board of
Selectmen to approve and certify proposed projects as provided in the TIF Plan and to
apply to the Economic Assistance Coordinating Council of the Commonwealth of
Massachusetts under the Economic Development Incentive Program for approval and
Article 41 - Page 2
designation of the Economic Opportunity Area, TIF Agreement, TIF Plan, and any
certified projects, and take such other and further action as may be necessary or
appropriate to carry out the purposes of this article.
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
Helen P. Clv'istian
Town Oerk
mE COMMONWEALTH OF MASSACHUSETIS
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
MansfieH, Massachusetts 02048
Tel. (508) 261-7345- Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 42
To see if the Town will vote to amend the zoning map to the extent necessary to rezone
15 West Street, Map 23, Lot 175 from its current designation of Residential 3 (R-3) to
Business 2 (B-2), or take any action in relation thereto.
Petitioned by: Jay Barrows, 370 Pratt Street, Mansfield
ARTICLE 42 - Vote
Move the Town vote to amend the zoning map to the extent necessary to rezone 15 West
Street, Map 23, Lot 175 from its current designation of Residential 3 (R-3) to Business 2
(B-2).
Vote declared unanimously in favor by Moderator - Show of hands
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk
Helen P. Christian
Tow n Oerk
THE COMMONWEALTH OF MASSACHUSETIS
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
Mansfu li, Massaclmsetts 02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 18, 2004 session of the
April 13, 2004 Annual Town Meeting. Said meeting was held at the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 43
To see if the Town will vote to raise and appropriate, or transfer from available funds the
sum of $70,000 to make necessary repairs to the Town-owned property, the Hartwell
School, located at 71 Mill Street in East Mansfield. The repairs include such major
improvements as additional supports in the cellar, replacement of all windows,
installation of insulation, vinyl siding, a new roof, installation of handicap-accessible
ramp, and further site work as needed, or take any action in relation thereto.
ARTICLE 43 - Vote
Move the Town vote to address necessary repairs to the town-owned property, the
Hartwell School, located at 71 Mill Street in East Mansfield. The repairs include such
major improvements as additional supports in the cellar; replacement of all windows;
installation of insulation and a new roof; repair of exterior siding; installation of a
handicap-accessible ramp, and further site work as needed. Proposed imporvements,
ordered by building inspector Bert Cook three years ago, will prevent deterioration of this
1881 building, originally a one room schoolhouse, and will preserve it for continued us as
an educational site. No proposed work will begin without a response from the State
Historical Commission as to the historical status of the building. Any future work on the
building will be coordinated with the Mansfield Historical Commission, with oversight of
the Mansfield Building Committee.
Voted favorably - Declared unanimously by Moderator
A TRUE COPY
ATTEST:
Helen P. Christian, Town Clerk