HomeMy WebLinkAboutAnnual T.M. 04/05/1999
Helen P. Christian
Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
Office of the Town Clerk
6 Park Row
Mansfield, Massachusetts 02048
Tel. (508) 261-7345 - Fax. (508) 261-1083
To Whom It May Concern:
This is to certity that the following is a vote taken at the May 10, 1999 session of the April
5, 1999 Annual Town Meeting.
Said meeting was held at 7:00 P.M. in 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 to raise and appropriate or transfer from available funds the
sum of $21,994,089.10 to defray the expenses of the Municipal Town departments, as
further described below for the ensuing 12-month period beginning July 1, 1999:
Raise from Taxation
Transfer from Available Funds
Wetlands Protection Act
Water Operations
Wastewater Operations
Electric Department
Total
$20,662,936.10
4,000.00
369,033.00
416,605.00
541.515.00
$21,994,089.10
Or take any action in relation thereto.
ARTICLE 3 - Vote
Move the Town vote to raise and appropriate or transfer from available funds the sum of
$21,790,444.10 to defray the expenses of the Municipal Town departments, as further
described below for the ensuing 12-month period beginning July 1, 1999.
ARTICLE 3- Page 2
Raise from Taxation
Transfer from Available Funds
Wetlands Protection Act
Water Operations
Wastewater Operations
Electric Department
Total
Selectmen
Other Expenses
Total
Town Manager
Personal Services
Other Expenses
Total
DatalFinance
Personal Services
Other Expenses
Capital Outlay
Total
Accountant
Personal Services
Other Expenses
Total
$20,439,732.10
4,000.00
365,372.00
442,788.00
538.552.00
$21,790,444.10
89,340.00
89,340.00
173,071.32
42,950.00
216,021.32
202,641.00
62,665.00
1,000.00
266,306.00
82,958.00
20,480.00
103,438.00
ARTICLE 3- Page 3
Assessor
Personal Services 116,381.50
Other Expenses 60,200.00
Total 176,581.50
Data Processing
Personal Services 55, I 13.00
Other Expenses 39,260.00
Total 94,373.00
T own Clerk
Personal Services 88,351.30
Other Expenses 21,360.00
Total I 09,7 I 1. 3 0
Conservation
Personal Services 52,096.36
Other Expenses 2,400.00
Total 54,496.36
Planning Board
Personal Services 92,694.76
Other Expenses 3,650.00
Capital Outlay 600.00
Total 96,944.76
Zoning Board of Appeals
Personal Services 5,000.00
Other Expenses 350.00
Total 5,350.00
Boards/Commissions
Personal Services 1,200.00
Other Expenses 2,975.00
Total 4,175.00
ARTICLE 3 - Page 4
Municipal Building
Comm
Personal Services 15,783.84
Other Expenses 1,800.00
Total 17,583.84
Public Buildings
Personal Services 135,053.00
Other Expenses 149,255.00
Capital Outlay 6,000.00
Total 290,308.00
Police
Personal Services 1,851,431.00
Other Expenses 183,890.00
Capital Outlay 109,805.00
Total 2,145,126.00
Fire
Personal Services 1,708,056.00
Other Expenses 133,585.00
Capital Outlay 42,100.00
Total 1,883,741.00
Emergency Medical
Service
Personal Services 289,136.00
Other Expenses 66,400.00
Capital Outlay 9,000.00
Total 364,536.00
Dispatchers
Personal Service 338,094.00
Other Expenses 15,250.00
Capital Outlay 2,000.00
Total 355,344.00
Building Inspector
Personal Services 164,402.77
Other Expenses 10,476.00
Total 174,878.77
ARTICLE 3 - Page 5
Emergency Management
Personal Services 2,000.00
Other Expenses 22,920.00
Capital Outlay 4,800.00
Total 29,720.00
Engineering
Personal Services 134,026.01
Other Expenses 13,275.00
Total 147,301.01
D.P. W. Administration
Personal Services 178,088.00
Other Expenses 1,007,704.00
Total 1,185,792.00
D.P.W.
Personal Services 547,159.00
Other Expenses 267,800.00
Capital Outlay 17,000.00
Total 831,959.00
Winter Maintenance
Personal Services 77,360.00
Other Expenses 110,780.00
Total 188,140.00
Airport
Personal Services 1,600.00
Other Expenses 8,000.00
Total 9,600.00
Sewer
Personal Services 589,192.00
Other Expenses 622,319.00
Capital Outlay 50,700.00
Debt 111,070.00
Internal Services 442,788.00
Total 1,816,069.00
ARTICLE 3 - Page 6
Health
Personal Services 70,544.24
Other Expenses 24,321.00
Total 94,865.24
Right to Know
Personal Services 3,000.00
Other Expenses 100.00
Total 3,100.00
Senior Citizens
Personal Services 175,298.00
Other Expenses 48,133.00
Total 223,431.00
Veterans Services
Personal Services 41,585.00
Other Expenses 31,875.00
Total 73,460.00
Social Services
Personal Services 25,892.00
Other Expenses 13,707.00
Total 39,599.00
Library
Personal Services 232,377.00
Other Expenses 139,875.00
Total 372,252.00
ParkslRecreation
Personal Services 82,510.00
Other Expenses 33,275.00
Total 115,785.00
Historical Commission
Other Expenses 5,000.00
Total 5,000.00
ARTICLE 3 - Page 7
Insurance
T own Insurance
Employee Benefits
Total
Town Expenditures for
Education
Debt
Principal
Interest
Total
Miscellaneous
Reserve Fund
Revaluation
Total
Voted favorable - Majority vote - Show of hands
Reconsideration failed
A TRUE COPY
ATTEST
Helen P. Christian, Town Clerk
344,475.00
4,607,552.00
4,952,027.00
18,000.00
2,905,001.00
1,934,833.00
4,839,834.00
136,424.00
241,831.00
18,000.00
$21,790,444.10
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 10, 1999 session of the April
5, 1999 Annual Town Meeting.
Said meeting was held at 7:00 P.M. in 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 and appropriate from available funds the sum of
$23,545,690 to defray the expenses of the Mansfield Public School System for the ensuing
12-month period beginning July 1, 1999 as follows:
Salaries
Goods and Services
TOTAL
$18,526,518
5.019.172
23,545,690
Or take any action in relation thereto.
SPONSOR:
School Committee
ARTICLE 5 - Vote
Move the Town vote to raise and appropriate from available funds the sum of
$23,445,690 to defray the expenses of the Mansfield Public School System for the ensuing
12-month period beginning July 1, 1999 as follows:
Salaries
Goods and Services
TOTAL
$18,776,818
4.668.872
23,445,690
ARTICLE 5 -Page 2
Voted favorably - Majority vote - Show of hands
Reconsideration failed
A TRUE COpy
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certify that the following vote was taken at the start of the May 17, 1999 session
of the AprilS, 1999 Annual Town Meeting. Move to allow the moderator to declare a
2/3 majority vote under M.G.L Ch. 39 s. 15, as amended by Ch. 448 of the Acts of 1996,
and M.G. L. Ch. 44, ss 1, 7 and 8.
Voted favorably on a show of hands vote.
A TRUE COpy
ATTEST
Helen P. Christian, Town Clerk
To Whom It May Concern:
This is to certity that the following is a vote taken at the May 10, 1999 session of the April
5, 1999 Annual Town Meeting.
Said meeting was held at 7:00 P.M. in 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 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
FY2000 or to take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 2 - 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 Light
Department under the direction of the Board of Selectmen as Municipal Light
Commissioners, for expenses of the Department for FY2000.
Voted favorable - Majority vote - Show of hands
A TRUE COpy
ATTEST
Helen P. Christian, Town Clerk
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 10, 1999 session of the April
5, 1999 Annual Town Meeting.
Said meeting was held at 7:00 P.M. in 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 to raise and appropriate or transfer from available funds the
sum of $21,994,089.10 to defray the expenses of the Municipal Town departments, as
further described below for the ensuing 12-month period beginning July 1, 1999:
Raise from Taxation
Transfer from Available Funds
Wetlands Protection Act
Water Operations
Wastewater Operations
Electric Department
Total
$20,662,936.10
4,000.00
369,033.00
416,605.00
541.515.00
$21,994,089.10
Or take any action in relation thereto.
ARTICLE 3 - Vote
Move the Town vote to raise and appropriate or transfer from available funds the sum of
$21,790,444.10 to defray the expenses of the Municipal Town departments, as further
described below for the ensuing 12-month period beginning July 1, 1999.
ARTICLE 3- Page 2
Raise from Taxation
Transfer from Available Funds
Wetlands Protection Act
Water Operations
Wastewater Operations
Electric Department
Total
$20,439,732.10
4,000.00
365,372.00
442,788.00
538.552.00
$21,790,444.10
Selectmen
Other Expenses 89,340.00
Total 89,340.00
Town Manager
Personal Services 173,071.32
Other Expenses 42,950.00
Total 216,021.32
Data/Finance
Personal Services 202,641.00
Other Expenses 62,665.00
Capital Outlay 1,000.00
Total 266,306.00
Accountant
Personal Services 82,958.00
Other Expenses 20,480.00
Total 103,438.00
-
ARTICLE 3- Page 3
Assessor
Personal Services 116,381.50
Other Expenses 60,200.00
Total 176,581. 50
Data Processing
Personal Services 55,113.00
Other Expenses 39,260.00
Total 94,373.00
Town Clerk
Personal Services 88,351.30
Other Expenses 21,360.00
Total 109,711.30
Conservation
Personal Services 52,096.36
Other Expenses 2,400.00
Total 54,496.36
Planning Board
Personal Services 92,694.76
Other Expenses 3,650.00
Capital Outlay 600.00
Total 96,944.76
Zoning Board of Appeals
Personal Services 5,000.00
Other Expenses 350.00
Total 5,350.00
Boards/Commissions
Personal Services 1,200.00
Other Expenses 2,975.00
Total 4,175.00
ARTICLE 3 - Page 4
Municipal Building
Comm
Personal Services 15,783.84
Other Expenses 1,800.00
Total 17,583.84
Public Buildings
Personal Services 135,053.00
Other Expenses 149,255.00
Capital Outlay 6,000.00
Total 290,308.00
Police
Personal Services 1,851,431.00
Other Expenses 183,890.00
Capital Outlay 109,805.00
Total 2,145,126.00
Fire
Personal Services 1,708,056.00
Other Expenses 133,585.00
Capital Outlay 42,100.00
Total 1,883,741.00
Emergency Medical
Service
Personal Services 289,136.00
Other Expenses 66,400.00
Capital Outlay 9,000.00
Total 364,536.00
Dispatchers
Personal Service 338,094.00
Other Expenses 15,250.00
Capital Outlay 2,000.00
Total 355,344.00
Building Inspector
Personal Services 164,402.77
Other Expenses 10,476.00
Total 174,878.77
ARTICLE 3 - Page 5
Emergency Management
Personal Services 2,000.00
Other Expenses 22,920.00
Capital Outlay 4,800.00
Total 29,720.00
Engineering
Personal Services 134,026.01
Other Expenses 13,275.00
Total 147,301.01
D.P.W. Administration
Personal Services 178,088.00
Other Expenses 1,007,704.00
Total 1,185,792.00
D.P.W.
Personal Services 547,159.00
Other Expenses 267,800.00
Capital Outlay 17,000.00
Total 831,959.00
Winter Maintenance
Personal Services 77,360.00
Other Expenses 110,780.00
Total 188,140.00
Airport
Personal Services 1,600.00
Other Expenses 8,000.00
Total 9,600.00
Sewer
Personal Services 589,192.00
Other Expenses 622,319.00
Capital Outlay 50,700.00
Debt 111,070.00
Internal Services 442,788.00
Total 1,816,069.00
ARTICLE 3 - Page 6
Health
Personal Services 70,544.24
Other Expenses 24,321.00
Total 94,865.24
Right to Know
Personal Services 3,000.00
Other Expenses 100.00
Total 3,100.00
Senior Citizens
Personal Services 175,298.00
Other Expenses 48,133.00
Total 223,431.00
Veterans Services
Personal Services 41,585.00
Other Expenses 31,875.00
Total 73,460.00
Social Services
Personal Services 25,892.00
Other Expenses 13,707.00
Total 39,599.00
Library
Personal Services 232,377.00
Other Expenses 139,875.00
Total 372,252.00
ParkslRecreation
Personal Services 82,510.00
Other Expenses 33,275.00
Total 115,785.00
Historical Commission
Other Expenses 5,000.00
Total 5,000.00
ARTICLE 3 - Page 7
Insurance
Town Insurance
Employee Benefits
Total
Town Expenditures for
Education
Debt
Principal
Interest
Total
Miscellaneous
Reserve Fund
Revaluation
Total
Voted favorable - Majority vote - Show of hands
Reconsideration failed
A TRUE COPY
ATTEST
Helen P. Christian, Town Clerk
344,475.00
4,607,552.00
4,952,027.00
18,000.00
2,905,001.00
1,934,833.00
4,839,834.00
136,424.00
241,831.00
18,000.00
$21,790,444.10
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 10, 1999 session of the
April 5, 1999 Annual Town Meeting.
Said meeting was held at 7:00 P.M. in 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 $2,237,524.76 to defray the expenses of the Water Enterprise,
as further described below for the ensuing 12-month period beginning July 1, 1999:
Raise from Revenue $2,159,694.45
Transfer from Available Funds:
Fund Balance Reserved for Appropriation 64,330.31
Water Capital 13.500.00
Total $2,237,524.76
Water FY1999 FY2000 Dollar Percent
Change Change
24a Personal Services $505,408.93 $497,836.00 $-7,572.93 -1.50%
24b Other Expenses 474,901.86 539,994.00 65,092.14 13.71%
24c Capital Outlay 19,400.00 209,300.00 189,900.00 978.87%
24d Debt 542,075.50 596,361.76 54,286.26 10.01 %
24e Internal Services 280,146.00 369,033.00 88,887.00 31.73%
Reserve Fund 0 25,000.00 25,000.00 100.00%
Total $1,821,932.29 $2,237,524.76 $415,592.47 22.81%
Or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 4 - Page 2
ARTICLE 4 - Vote
Move the Town vote to raise from Water Enterprise Revenue or transfer from available
funds the sum of $2,333,067.76 to defray the expenses of the Water Enterprise as further
described below for the ensuing 12-month period beginning July 1, 1999:
Raise from Revenue
$2,024,143.76
Transfer from Available Funds:
Water Capital
General Fund Excluded Dept
Total
172,500.00
136.424.00
$2,333,067.76
Voted favorably - Majority Vote - Show of hands
Reconsideration failed
A TRUE COpy
ATTEST:
Helen P. Christian, Town Clerk
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 10, 1999 session of the
April 5, 1999 Annual Town Meeting.
Said meeting was held at 7:00 P.M. in 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 a
sum of money to defray the expenses of the Southeastern Regional School District for the
ensuing 12-month period beginning July 1, 1999, or take any action in relation thereto.
SPONSOR:
Board of Selectmen
ARTICLE 7 - Vote
Move the Town vote to raise and appropriate from available funds the sum of $281,555
to defray the expenses of the Southeastern Regional School District for the ensuing 12-
month period beginning July 1, 1999.
Voted favorably - Majority vote - Show of hands
A TRUE COpy
ATTEST
Helen P. Christian, Town Clerk
To Whom It May Concern:
This is to certity that the following is a vote taken at the May 10, 1999 session of the
AprilS, 1999 Annual Town Meeting.
Said meeting was held at 7:00 P.M. in the Mansfield High School Auditorium, East
Street, Mansfield, Massachusetts. There was a quorum present and voting.
ARTICLE 8
To see ifthe Town will vote to authorize the Building Inspector's Department to establish
for Fiscal Year 2000 a Revolving Inspection Account in accordance with MGL Chapter
44, Section 53EY2 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 inspector's 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 2000 a Revolving Inspection Account in accordance with MGL Chapter 44,
Section 53EY2 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 inspector's performing
these inspections.
Voted favorable - Majority vote - Show of hands
A TRUE COpy
ATTEST
Helen P. Christian, Town Clerk
To Whom It May Concern:
This is to certity that the following is a vote taken at the May 10, 1999 session ofthe April
5, 1999 Annual Town Meeting.
Said meeting was held at 7:00 P.M. in 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 2000 a Revolving Firearms License and Permit Fees Account in accordance with
MGL Chapter 44, Section 53E'it to receive firearms license and permit fees, and to
authorize expenditures of up to $10,000 from such fund to pay the state its share of such
fees and to use the balance for departmental needs or expenditures, or take any action in
relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 9 - Vote
Move the Town vote to authorize the Town Accountant to establish a revolving account
under Chapter 44 Section 53E 1/2 of the MGL entitled "Firearms Revolving Account" for
the purpose of receiving monies from payment of Firearms Identification Cards and
Licenses to Carry fees and other Firearm related licenses; to authorize the Chief of Police
to expend not more than $10,000 to pay the expenditures and wages involved in the
issuance of Firearms Identification Cards and Licenses to Carry and other Firearm related
licenses: to finance the acquisition, maintenance, repair and improvement of firearm
license equipment used by the police department and to disburse funds associated with
those activities.
ARTICLE 9 - Page 2
Voted favorably - Majority vote - Show of hands
Reconsideration failed
A TRUE COpy
ATTEST
Helen P. Christian, Town Clerk
To Whom It May Concern:
This is to certity that the following is a vote taken at the May 10, 1999 session of the April
5, 1999 Annual Town Meeting.
Said meeting was held at 7:00 P.M. in 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 2000 a Revolving Home Compost Bin account in accordance with MGL
Chapter 44, Section 53E~ for the collection of proceeds from the sale of home compost
bins and to authorize expenditures of up to $5,000 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 2000 a Revolving Home Compost Bin account in accordance with MGL Chapter 44,
Section 53E~ for the collection of proceeds from the sale of home compost bins and to
authorize expenditures of up to $5,000 for the purchase of these bins.
Voted favorably - Majority vote - Show of hands
A TRUE COpy
ATTEST
Helen P. Christian, Town Clerk
To Whom It May Concern:
This is to certity that the following is a vote taken at the May 10, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in 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 appropriate from available funds the sum of $85,000 for
railroad crossing improvements at Oakland Street and Maple Street, and further, to meet
this appropriation the Treasurer, with the approval of the Board of Selectmen, is
authorized to borrow $85,000 under MGL Chapter 44, Section 8(15) as amended, and
charge betterments for this $85,000, or take any action in relation thereto.
SPONSOR:
Board of Selectmen
ARTICLE 11 - VOTE
Move the Town vote to appropriate the sum of $85,000 for railroad crossing
improvements at Oakland Street and Maple Street, and further, to meet this appropriation
the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow
$85,000 under MGL Chapter 44, ss 8(15) As amended, and charge betterments for this
$85,000.
Voted favorably - Vote passes on show of hands - 2/3 vote declared by Moderator
A TRUE COpy
ATTEST
Helen P. Christian, Town Clerk
To Whom It May Concern:
This is to certity that the following is a vote taken at the May 10, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 12
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 170, 22, 22A, 22B, 22C,
220, 22E, 37A, 41C of Section 5 of Chapter 59 of the General Laws, or take any action
in relation thereto.
SPONSOR:
Board of Assessors
ARTICLE 12 - Vote
Move the Town 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 170, 22, 22A, 22B, 22C, 220,
22E, 37A, 41C of Section 5 of Chapter 59 of the General Laws, or take any action in
relation thereto.
Voted favorably - Majority vote - Show of hands
A TRUE COpy
ATTEST
Helen P. Christian, Town Clerk
To Whom It May Concern:
This is to certify that the following is a vote taken at the May 10, 1999 session ofthe April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in the Mansfield High
School Auditorium, 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 Improvements projects for the Park and
Recreation Department, or take any action in relation thereto.
SPONSOR: Capital Improvements Committee
ARTICLE 13 - Vote
Move the Town vote to raise and appropriate as part of the FY2000 budget the sum of
$70,000 for various Capital Improvements projects for the Parks and Recreation
Department.
Project: Basketball Courts Memorial Park
Master Plan Design Plymouth St.
Baseball Field Drainage Plymouth St.
Total
$ 50,000
10,000
10.000
$ 70,000
Voted favorably - Majority vote - Show of hands
A TRUE COpy
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in 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 Municipal
Building Committee/Public Schools, or take any action in relation thereto.
SPONSOR:
Capital Improvements Committee
ARTICLE 14 - Vote
Move the Town vote to raise and appropriate as part of the FY2000 budget the sum of
$27,229 for various Capital Improvements projects for the Mansfield Public School.
Project:
Maintenance Van
Technology Pupil Personnel Services
Technology Nurses
Total
$ 4,000
$ 8,989
$14.240
$27,229
Voted favorably - Majority vote - Show of hands
Reconsideration failed
A TRUE COpy
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certity that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in 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 Water and
Wastewater Departments, or take any action in relation thereto.
SPONSOR: Capital Improvements Committee
ARTICLE 15 - Vote
Move the Town vote to raise and appropriate $570,000 for Route 106 Water Main
Improvements and further to meet this appropriation, the Treasurer, with the approval of
the Board of Selectmen, is authorized to borrow $570,000 under MGL Chapter 44,
Section 8 (5) and Chapter 44, Section 8 (6) as amended. .
Project: Route'106 Water Main Improvement
$570,000
Voted favorably - Vote passes on show of hands - 2/3 Vote declared by Moderator
Reconsideration failed
A TRUE COpy
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 16
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, or take any action in relation thereto.
SPONSOR:
Capital Improvements Committee
ARTICLE 16 - Vote
Move the Town vote to raise and appropriate as part of the FY2000 budget the sum of
$341,340, of which $111,840 includes a 5 year lease purchase equipment, for various
Capital Improvements projects for the Department of Public Works.
Project: PBX System
4 X 4 Backhoe
Two-Way Radio
Brush Chipper
Irrigation Well for Hutchins Property
Complete Construction of Hutchins Property
Energy Saving Heating System
Total
$28,500
75,000
83,340
27,000
45,000
57,500
25.000
$341,340
ARTICLE 16 - Page 2
Voted favorably - Vote passes on show of hands - 2/3 Vote declared by Moderator
Reconsideration Failed
A TRUE COpy
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certity that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in 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 a sum of money for various Capital Improvements projects for the Engineering
Department, or take any action in relation thereto.
SPONSOR: Capital Improvements Committee
ARTICLE 17 - Vote
Move the Town vote to raise and appropriate, borrow or transfer from available funds
$675,000 for various Capital Improvements projects for the Engineering Department, and
further, to meet this appropriation, the Treasurer, with the approval of the Board of
Selectmen, is authorized to borrow $176,000 under MGL Chapter 44, Section 8 (15) as
amended, and charge betterments for this $ 176,000,and to raise through the sewer user
charge, the sum of $39,000 and to transfer from the Branch Street Small Sewer Extension
account, the sum of $60,000, into the Branch Street and Mill Street Small Sewer
Extension Reserve; And to transfer from Wastewater Depreciation the sum of $300,000
for Inflow/Infiltration Reduction; And to raise and appropriate the sum of $100,000 for a
Gas cutoff Wall and Post Closure Monitoring at the East Street Landfill.
ARTICLE 17 - Page 2
Project: Small Sewer
Extension Branch & Mill
Streets
Borrowing
Transfer from Branch St.
Small Sewer Extension
Account
Project: Gas Cutoff Wall
East St. Landfill
Project: Inflow/Infiltration
Reduction
Total
Funding Source
Sewer Use Charge
$ 39,000
Under MGL Ch. 44 Sec. 8
(15) as amended
$ 176,000
To: Branch St. and Mill St.
Small Sewer Extension
Reserve
Funding Source
General Fund
Funding Source
Wastewater Depreciation
$60,000
$100,000
$300,000
$675,000
Voted favorably - Vote passes on show of hands - 2/3 Vote declared by Moderator
A TRUE COpy
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certity that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in 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 various Capital Improvements projects for the Fire Department,
or take any action in relation thereto.
SPONSOR:
Capital Improvements Committee
ARTICLE 18 - Vote
Move the Town vote to raise and appropriate as part of the FY2000 budget the sum of
$276,600 for various Capital Improvements projects for the Fire Department.
Project:
Ladder # 1
Engine # 1
Fire Alarm
Jaws of Life
Squad #4
Total
$100,000
$ 80,000
$ 60,000
$ 18,200
$ 18.400
$276,600
Voted favorably - Majority vote - Show of hands
Reconsideration failed
A TRUE COPY
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in 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 Airport
Commission, or take any action in relation thereto.
SPONSOR: Capital Improvements Committee
ARTICLE 20 - Vote
Move the Town vote to raise and appropriate as part of the FY2000 budget the sum of
$33,000 for various Capital Improvements projects for the Airport Commission.
Motion to postpone Article fails on Show of hands
Main motion - Voted favorably - Majority vote - Show of hands
Reconsideration fails
A TRUE COPY
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 21
To see if the Town will vote to direct the $100,000 payment made by the Town of Norton
for past due sewer bills into a Wastewater Depreciation Trust Fund, or take any action in
relation thereto.
SPONSOR:
Board of Selectmen
ARTICLE 21 - Vote
Move the Town vote to direct the $100,000 payment made by the Town of Norton for
past due sewer bills into a Wastewater Depreciation Trust Fund.
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST
Helen P. Christian, Town Clerk
""
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in 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 to petition the State legislature to enact special legislation,
establishing the Town of Mansfield Open Space Acquisition Program as follows, or take
any action in relation thereto:
An Act relative to the establishment of the Town of Mansfield Open Space Land
Acquisition Program.
Section 1:
meanings:
For the purpose of this act, the following words shall have the following
"Land Bank Fund", Town of Mansfield land bank fund established pursuant to Section 5.
"Town open space committee", an agency, board, department, commission or committee
appointed, designed or established by the Board of Selectmen, to carry out the provisions
of this act relative to acquiring open space. Nothing herein shall prohibit a town from
appointing or designating a local nonprofit land trust or conservation organization as said
town committee.
Section 2: There is hereby established a Town of Mansfield Open Space Land
Acquisition Program for the purpose of acquiring land and interests in land for the
protection of public drinking water supplies, open space, conservation land, the creation of
walking and bicycling trails, the creation of recreational areas, and historic preservation.
Section 3: Any real property interest in open space purchased with land bank funds
shall be retained in natural, scenic, or open condition and shall be bound by a permanent
deed restriction limiting the use of the interest to the purpose for which it was acquired.
Said deed restriction shall run with the land and shall be enforceable by the town open
ARTICLE 24 - Page 2
space committee. Real property interests may consist of any of the following: (a) land to
protect existing and future well fields, aquifers and recharge areas; (b) agricultural lands;
(c) forest land; (d) fresh water marshes and other wetlands; (e) pond frontages; (f) land to
protect scenic vistas; (g) land for natural or wildlife preserve; (h) land and easements for
trails; and (i) land for recreational use. Notwithstanding the foregoing, towns may make
improvements to promote recreation that are not consistent with such use.
Section 4: The Board of Selectmen shall appoint a town open space committee to
carry out the purposes of this act. Town committee members shall serve without
compensation. Said committee shall recommend to the town meeting acquisition of
specified land areas which quality as land bank purchases in accordance with the purposes
set forth in section 3.
The town committees shall recommend acquisitions of interest in real property and other
expenditures consistent with section 3 to the town meeting. In considering the
recommendations of any such acquisition, town committees shall use as a guideline local
and regional open space plans, master plans, and local comprehensive plans, if any. Real
property interests acquired by a town under this act shall be owned and managed by said
town; provided, however, that the Board of Selectmen may delegate management of such
property to a nonprofit organization created under chapter 180 or chapter 203 of the
General Laws.
Section 5: Notwithstanding the provisions of section 53 of chapter 44 of the General
Laws or any other general or special law to the contrary, the Town of Mansfield shall
establish a separate account to be known as the Land Bank Fund for the purposes set forth
in section 3. Such account shall be maintained by the Treasurer, and the following monies
shall be deposited into said account: (i) all monies collected from the real estate transfer
tax under section 6 or bond proceeds in anticipation of revenue pursuant to section 7; and
(ii) any funds received from the Commonwealth or any other source for such purposes.
The Treasurer may invest the funds in such separate account in the manner authorized by
sections 55 and 55A of said chapter 44. Any interest earned thereon shall be credited to
and become part of such separate account.
Towns may use land bank funds to acquire real estate pursuant to this act and in whole or
in part, as matching funds for the purpose of providing a match under the land
conservation program under any state or federal open space acquisition program
consistent with the purposes of this act. The availability of funds under this act shall not
affect the eligibility of any town to receive funds under said section 11 of said chapter
132A or to receive funds from any state or federal open space acquisition program. Not
more than 3 percent of said funds may be used for maintenance and improvement to
property purchased with land bank funds.
ARTICLE 24 - Page 3
Section 6: A property transfer tax shall be levied, collected and paid upon the
recording of any deed, instrument and writing by which any land or interest in real estate
located within the Town of Mansfield is granted, assigned, transferred or otherwise
conveyed to the purchaser for consideration in excess of one hundred thousand dollars
($100,000.00), exclusive of the value of any lien or encumbrance remaining thereon at the
time of the sale. The property transfer tax herein specified shall be paid by the purchaser
and shall be five ($5.00) dollars for each five hundred dollars ($500.00) or fractional part
of said consideration in excess of one hundred thousand dollars ($100,000.00). This
section shall not apply to any instrument or writing given to secure a debt or to any deed,
instrument or writing to which the commonwealth, a city or town of the commonwealth,
or the United States or any of their agencies are a party.
The register of the Bristol County Northern District Registry of Deeds shall collect the
property transfer tax as provided herein and shall pay the amounts collected, not less
frequently than monthly to the Town of Mansfield. An amount equal to one-half percent
(0.5%) shall be deducted and retained from the amounts so collected, to reimburse said
registry for its expenses in collecting and remitting such property transfer tax funds. The
register shall cause appropriate books and accounts to be kept with respect to such tax,
which shall be subject to examination by the Town of Mansfield upon reasonable request
from time to time.
Section 7: This act shall be submitted for acceptance to the voters of the Town of
Mansfield at the next town election in the form of the following question which shall be
placed upon the official ballot at said election. "Shall an act passed by the general court in
the year 1999 entitled, "An Act relative to establishing the Town of Mansfield Open Space
Land Acquisition Program" be accepted?" If a majority of the votes cast in answer to said
question is in the affirmative, then this act shall thereupon take effect, but not otherwise.
SPONSOR:
Board of Selectmen
ARTICLE 24 - Vote
Move the Town vote to petition the State legislature to enact special legislation,
establishing the Town of Mansfield Open Space and Community Preservation
AeEluisitio8 Program as follows:
ARTICLE 24 - Page 4
An Act relative to the establishment of the Town of Mansfield Open Space Land and
Community Preservation Land Aequisition Program.
Section 1:
meamngs
For the purpose of this act, the following words shall have the following
"Open Space and Community Preservation Fund" "Land Bank Fund", Town of
Mansfield land bank fund established pursuant to Section 5.
"Town open space committee", an agency, board, department, commission or committee
appointed, designed or established by the Board of Selectmen, to carry out the provisions
of this act relative to acquiring open space land for recreation and historic
preservation. Nothing herein shall prehibit a town frORl appointing or designating a
loeal nORprofit land trust or eonsef'Vation organization as said town eORlRlittee.
Section 2: There is hereby established a Town of Mansfield Open Space and
Community Preservation Land Aequisition Program for the purpose of acquiring land
and interests in land for the protection of public drinking water supplies, open space,
conservation land, the creation of walking and bicycling trails, the creation of recreational
areas, and historic preservation.
Section 3: Any real property interest in open space purchased with land bank funds
shall be retained in natural, scenic, or open condition and shall be bound by a permanent
deed restriction limiting the use of the interest to the purpose for which it was acquired.
Said deed restriction shall run with the land and shall be enforceable by the community
preservation tOWR open spaee committee. Real property interests may consist of any of
the following: (a) land to protect existing and future well fields, aquifers, watershed and
recharge areas; (b) agricultural lands; ( c) forest land; (d) fresh water marshes and other
wetlands; (e) river, stream, lake and pond frontages; (f) land to protect scenic vistas; (g)
land for natural or wildlife preserve; (h) land and easements for trails; and (i) land for
recreational use, active and passive; and (j) historic preservation. Notwithstanding the
foregoing, towns may make improvements to promote recreation that are not consistent
with such use.
Section 4: The Board of Selectmen shall appoint a tewR open space and community
preservation committee to carry out the purposes of this act. Town committee members
shall serve without compensation and consist of a representative from the Planning
Board, Conservation Commission, Recreation Commission, Historical Commission,
Industrial & Development Commission, one community member, and one Natural
Resource Trust member. Said committee shall recommend to the town meeting
ARTICLE 24 - Page 5
acquisition of specified land areas which quality as land bank purchases in accordance with
the purposes set forth in section 3. The town committees shall recommend acquisitions of
interest in real property and other expenditures consistent with section 3 to the town
meeting. In considering the recommendations of any such acquisition, town committees
shall use as a guideline local and regional open space plans, master plans, and local
comprehensive plans, if any. Real property interests acquired by a town under this act shall
be owned and managed by said town; provided, however, that the Board of Selectmen
may delegate management of such property to a nonprofit organization created under
chapter 180 or chapter 203 of the General Laws.
Section 5: Notwithstanding the provisions of section 53 of chapter 44 of the General
Laws or any other general or special law to the contrary, the Town of Mansfield shall
establish a separate account to be known as the Open Space and Community
Preservation Land Bank Fund for the purposes set forth in section 3. Such account
shall be maintained by the Treasurer, and the following monies shall be deposited into said
account: (i) all monies collected from the real estate transfer tax under section 6 or bond
proceeds in anticipation of revenue pursuant to section 7; and (ii) any funds received from
the Commonwealth or any other source for such purposes. The Treasurer may invest the
funds in such separate account in the manner authorized by sections 55 and 55A of said
chapter 44. Any interest earned thereon shall be credited to and become part of such
separate account.
Towns may use land bank funds to acquire real estate pursuant to this act and in whole or
in part, as matching funds for the purpose of providing a match under the land
conservation program under any state or federal open space acquisition program
consistent with the purposes of this act. The availability of funds under this act shall not
affect the eligibility of any town to receive funds under said section 11 of said chapter
132A or to receive funds from any state or federal open space acquisition program. Not
more than 3 percent of said funds may be used for maintenance and improvement to
property purchased with land bank funds.
Section 6: A property transfer tax shall be levied, collected and paid upon the
recording of any deed, instrument and writing by which any land or interest in real estate
located within the Town of Mansfield is granted, assigned, transferred or otherwise
conveyed to the purchaser for consideration in excess of one hundred thousand dollars
($100,000.00), exclusive of the value of any lien or encumbrance remaining thereon at the
time of the sale. The property transfer tax herein specified shall be paid by the purchaser
and shall be five ($5.00) dollars for each five hundred dollars ($500.00) or fractional part
of said consideration in excess of one hundred thousand dollars ($100,000.00). This
section shall not apply to any instrument or writing given to secure a debt or to any deed,
instrument or writing to which the commonwealth, a city or town of the commonwealth,
or the United States or any of their agencies are a party.
ARTICLE 24 - Page 6
The register of the Bristol County Northern District Registry of Deeds shall collect the
property transfer tax as provided herein and shall pay the amounts collected, not less
frequently than monthly to the Town of Mansfield. An amount equal to one-half percent
(0.5%) shall be deducted and retained from the amounts so collected, to reimburse said
registry for its expenses in collecting and remitting such property transfer tax funds. The
register shall cause appropriate books and accounts to be kept with respect to such tax,
which shall be subject to examination by the Town of Mansfield upon reasonable request
from time to time.
Section 7: The Town may renew every five years the Open Space Community
Preservation plan by a majority at Town Meeting. The Town may terminate the
Plan by a majority vote in a duly authorized local ballot referendum. Upon such
termination, the increased levy imposed under Section 6 shall remain in effect, both
with respect to unpaid levies on past real estate transactions, until all contractual
obligations incurred by the committee to carry out the plan shall have been fully
discharged. Upon such termination, the Committee shall notify the Registry of
Deeds, in which the Town is located, whereupon the Registry shall cease to collect
the increased levy imposed by Section 6.
Section 8: This act shall be submitted for acceptance to the voters of the Town of
Mansfield at the next town election in the form of the following question which shall be
placed upon the official ballot at said election. "Shall an act passed by the general court in
the year 1999 entitled, "An Act relative to establishing the Town of Mansfield Open Space
land Acquisition Program" be accepted?" If a majority of the votes cast in answer to said
question is in the affirmative, then this act shall thereupon take effect, but not otherwise.
Voted favorably - Majority vote - Show of hands
Reconsideration fails
ATRUE COPY
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 25
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 relocating the Williams Street and replacing the Williams
Street Bridge, such parcels of land are situated on both sides of Williams Street and are
shown on a plan entitled, "Construction Easements and Landtakings for Williams Street"
by A.G. Lichenstein and Associates, or take any action in relation thereto.
SPONSOR:
Board of Selectmen
ARTICLE 25 - 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 relocating the Williams Street and replacing the Williams Street
Bridge, such parcels of land are situated on both sides of Williams Street and are shown
on a plan entitled, "Construction Easements and Landtakings for Williams Street" by
Hutchins-Trowbridge Associates, Inc., dated May 3, 1999 and as shown on Lot 34 ofland
Court Plan 633F prepared by Hutchins-Trowbridge Associates, Inc., dated March 3, 1987.
Voted favorably - Vote passes on Show of hands - 2/3 Vote declared by Moderator
A TRUE COPY
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certity that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in 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 authorize the lease of approximately 3,500 square feet to
build a cable television studio on the easterly side of the Mansfield High School adjacent
to the auditorium. Said studio building will be owned by the Mansfield Cable Access
Corporation and will be leased for $1.00 a year for 25 years with an option to renew upon
agreement of both parties, with all costs including planning, construction, staffing,
maintenance and insurance to be borne by the Mansfield Cable Access Corporation, or
take any action in relation thereto.
SPONSOR:
Board of Selectmen/School Committee/Cable Access
ARTICLE 26 - Vote
Move the Town vote to allow the School Committee and Cable Access to negotiate and
enter into a lease of approximately 3,500 square feet to build a cable television studio on
the easterly side of the Mansfield High School adjacent to the auditorium upon terms
acceptable to the School Committee. Said studio building will be owned by the Mansfield
Cable Access Corporation and will be leased for 10 years with an option to renew upon
agreement of both parties, with all costs including planning, construction, staffing,
maintenance and insurance to be borne by the Mansfield Cable Access Corporation.
Voted favorably - Majortiy vote - Show of hands
A TRUE COPY
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 27
To see if the Town will authorize the Board of Selectmen to acquire by eminent domain a
fee simple interest in the following described land to create a public bicycle path thereon,
or to take any action in relation thereto.
Land in Mansfield, Bristol County, Massachusetts, which is the former location of the
Taunton Branch Railroad and is shown on Mansfield Assessors' maps as follows: Map 24
- Lot 350; Map 24 - Lot 326; Map 27 - Lot 346; Map 27 - Lot 262; Map 27 - Lot 263;
Map 34 - Lot 149; Map 36 - Lot 144.
SPONSOR:
Board of Selectmen
ARTICLE 27 - Vote
Move the Town vote to authorize the Board of Selectmen to acquire by eminent domain
a fee simple interest in the following described land to create a public bicycle path thereon:
Land in Mansfield, Bristol County, Massachusetts, which is the former location of the
Taunton Branch Railroad and is shown on Mansfield Assessors' maps as follows: Map 24
- Lot 350; Map 24 - Lot 326; Map 27 - Lot 346; Map 27 - Lot 262; Map 27 - Lot 263;
Map 34 - Lot 149; Map 36 - Lot 144.
Voted favorably - Vote passes on Show of hands - 2/3 Vote declared by Moderator
A TRUE COPY
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in 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 authorize The Conservation Commission to accept by gift,
purchase, or eminent domain, one or more parcels of land in the Great Woods. Said
parcel(s) to be used for conservation purposes and to be administered, controlled and
maintained by said Commission under the provisions of the General Laws, Chapter 40,
Section 8C, as amended. Funding for these purchases will come from the existing land
acquisition accounts of the Commission. The Conservation Commission is further
authorized to file on behalf of the Town of Mansfield any and all application for grants or
reimbursements from the Commonwealth of Massachusetts under the Self-Help Act
(Chapter 132A, Section 11) or any other grant programs, to enter into any agreements and
execute any and all instruments as may be necessary on behalf of the Town of Mansfield to
affect said purchase, and to give a Conservation Restriction to the Natural Resources
Trust of Mansfield with the purpose of providing natural resource protection for said
parcel, or take any action relation thereto, or take any action in relation thereto.
SPONSOR: Conservation Commission
ARTICLE 29 - Vote
Move the Town vote to authorize The Conservation Commission to acquire by purchase,
or eminent domain, two parcels ofland in the Great Woods, Map 12, Parcel 1 and Map
16, Parcel 30. Said parcel(s) to be used for conservation purposes and to be administered,
controlled and maintained by said Commission under the provisions of the General Laws,
Chapter 40, Section 8C, as amended. Funding for these purchases will come from the
existing land acquisition accounts of the Commission. The Conservation Commission is
further authorized to file on behalf of the Town of Mansfield any and all
ARTICLE 29- Page 2
application for grants or reimbursements from the Commonwealth of Massachusetts under
the Self-Help Act (Chapter 132A, Section 11) or any other grant programs, to enter into
any agreements and execute any and all instruments as may be necessary on behalf of the
Town of Mansfield to affect said purchase, and to give a Conservation Restriction to the
Natural Resources Trust of Mansfield with the purpose of providing natural resource
protection for said parcel.
Voted favorably - Vote passes on Show of hands - 2/3 Vote declared by Moderator
A TRUE COPY
ATTEST
Helen P. Christian, Town Clerk
May 21, 1999
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTLICE 36
To see if the Town will vote to amend Section 4.2.2 Density and Dimensional Regulations
- Business and Industrial Districts Zoning By-Law by deleting the first line in the schedule
as follows:
4.2.2 Density and Dimensional Regulations - Business and Industrial Districts
SCHEDULE 4.2.2:
DENSITY AND DIMENSIONAL REGULATIONS
BUSINESS AND INDUSTRIAL DISTRICTS
Bl B2 B3 11 12 13
By Right
Retail 2.0 1.0 0.25 0.40 0.25
Office 2.0 1.0 0.25 0.40 0.25 0.25
Other Non-Residential 2.0 1.0 0.25 0.40 0.25 0.25
Residential 0.5 (1) 0.25
BusinesslResidential (2) 2.5 1.5 0.25
Or take any other action in relation thereto.
Sponsor: Planning Board
ARTICLE 36 - Page 2
ARTICLE 36 - Vote
Move the Town vote to amend Section 4.2.2 Density and Dimensional Regulations -
Business and Industrial Districts Zoning By-Law by deleting the first line in the schedule
as follows:
4.2.2 Density and Dimensional Regulations - Business and Industrial Districts
SCHEDULE 4.2.2:
DENSITY AND DIMENSIONAL REGULATIONS
BUSINESS AND INDUSTRIAL DISTRICTS
Bl B2 B3 II 12 I3
By Right
Retail 2.0 1.0 0.25 0.40 0.25
Office 2.0 1.0 0.25 0.40 0.25 0.25
Other Non-Residential 2.0 1.0 0.25 0.40 0.25 0.25
Residential 0.5 (1) 0.25
BusinesslResidential (2) 2.5 1.5 0.25
Voted favorably - Vote passes on Show of hands - 2/3 Vote declared by Moderator
A TRUE COPY
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certity that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTICLE 30
To see if the Town will vote to accept a drainage easement on Jewell Street, Map 2, Lot
48, as shown on the "Drainage Easement Plan Jewell Street" by Hutchins-Trowbridge,
Associates, Inc., or take any action in relation thereto.
SPONSOR:
Board of Selectmen
ARTICLE 30- Vote
Move the Town vote to accept a drainage easement on Jewell Street, Map 2, Lot 48, as
shown on the "Drainage Easement Plan Jewell Street" by Hutchins-Trowbridge,
Associates, Inc. dated March 1, 1999.
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in 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 accept a drainage easement on Chauncy Street, #47 Map
22, Lots 78, 79, 80 and 81, as shown on the "Site Plan of #47 Chauncy Street" as
prepared by RIM Engineering, January 14, 1999, or take any action in relation thereto.
SPONSOR:
Board of Selectmen
ARTICLE 31 - Vote
Move the Town vote to accept a drainage easement on Chauncy Street, #47 Map 22, Lots
78, 79, 80 and 81, as shown on the "Site Plan of #47 Chauncy Street" as prepared by RIM
Engineering, January 14, 1999.
Voted favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST
Helen P. Christian, Town Clerk
~
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in 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 5.5 Special Permit by adding the following at the end of paragraph 5.5.1 to
read as follows:
5.5.1 Certain uses are designated in this bylaw as requiring a special permit.
The Board of Appeals and the Planning Board may, in accordance with Chapter 40A of
the General Laws, grant such special permits. Application for a special permit must be
made by the owner of the property noted in the permit or with the owner's written
permission. Special permits may be issued only following public hearings held within 65
days after an application and in accordance with the requirements of Chapter 40A of the
General Laws and this by-law. All special permits granted in accordance with the
provisions of this by-law shaUlapse within two (2) years of recording of the special
permit with the town clerk if substantial use of the permit has not commenced
sooner, except with good cause.
Or take any other 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 5.5 Special Permit by adding a new section at the end of paragraph 5.5.1 to read
as follows:
ARTICLE 34 - Page 2
All special permits granted in accordance with the provisions of this by-law shall lapse
within two (2) years of recording of the special permit with the town clerk if substantial
use of the permit has not commenced sooner, except with good cause.
Voted favorably - Vote passes on show of hands - 2/3 Vote declared by Moderator
A TRUE COpy
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in 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 amend the Zoning By-Law Section 4.2 Schedule of
Density and Dimensional Regulations - Residential District by increasing the minimum lot
size within the R-2 and RD zones from 20,000 sq. ft. with sanitary sewer to 22,500 sq. ft.
with sanitary sewer." to the extent necessary to read as follows:
4.2.1 Density and Dimensional Regulations - Residential Districts
SCHEDULE 4.2.1:
DENSITY AND DIMENSIONAL REGULATIONS - RESIDENTIAL DISTRICTS
Rl
R2
R3
RD
Minimum Lot Area per unit (s.f)
Detached single family
60,000 30,000 10,000 30,000
Two-family
7,500
ARTICLE 35 -Page 2
With Public Sewer per unit (s.f)
Detached single family
60,000 *22,500 10,000 *22,500
Two-family
7,500
Or take any other action in relation thereto.
Sponsor:
Planning Board
ARTICLE 35 -Vote
Move the Town vote to amend the Zoning By-Law Section 4.2 Schedule of Density and
Dimensional Regulations - Residential District by increasing the minimum lot size within
the R2 and RD zone from 20,000 square ft. with sanitary sewer to 22,500 square ft. with
sanitary sewer.
Voted favorably - Vote passes on Show of hands - 2/3 Vote declared by Moderator
A TRUE COPY
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in the Mansfield High
School Auditorium, East Street, Mansfield, Massachusetts. There was a quorum present
and voting.
ARTLICE 36
To see if the Town will vote to amend Section 4.2.2 Density and Dimensional Regulations
- Business and Industrial Districts Zoning By-Law by deleting the first line in the schedule
as follows:
4.2.2 Density and Dimensional Regulations - Business and Industrial Districts
SCHEDULE 4.2.2:
DENSITY AND DIMENSIONAL REGULATIONS
BUSINESS AND INDUSTRIAL DISTRICTS
Bl B2 B3 11 12 I3
MltxiRRiffi Floor At-ea Ratio ~ +:G ~ ~ ~ ~
By Right
Retail 2.0 1.0 0.25 0.40 0.25
Office 2.0 1.0 0.25 0.40 0.25 0.25
Other Non-Residential 2.0 1.0 0.25 0.40 0.25 0.25
Residential 0.5 (1) 0.25
BusinesslResidential (2) 2.5 1.5 0.25
Or take any other action in relation thereto.
Sponsor: Planning Board
ARTICLE 36 - Page 2
Article 36 - Vote
Move the Town vote to amend Section 4.2.2 Density and Dimensional Regulations -
Business and Industrial Districts Zoning By-Law by deleting the first line in the schedule
as follows:
4.2.2 Density and Dimensional Regulations - Business and Industrial Districts
SCHEDULE 4.2.2:
DENSITY AND DIMENSIONAL REGULATIONS
BUSINESS AND INDUSTRIAL DISTRICTS
Bl B2 B3 II 12 13
Maxiumum Floor Area Ratio
By Right
Retail 2.0 1.0 0.25 0.40 0.25
Office 2.0 1.0 0.25 0.40 0.25 0.25
Other Non-Residential 2.0 1.0 0.25 0.40 0.25 0.25
Residential 0.5 (1) 0.25
BusinesslResidential (2) 2.5 1.5 0.25
Voted favorably - Vote passes on Show of hands - 2/3 Vote declared by Moderator
A TRUE COPY
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certity that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in 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 Section 3.2 Classification of Extensive Uses
,
paragraph 3.2.4 Recreation of the Zoning By-law to the extent necessary to read as
follows:
3.2.1 Recreation: Golf course, riding stable, playground and play fields, swimming,
tennis and similar non municipal recreation facilit:es In addition, temporary outdoor
recreational events such as fcstivals or fairground type evcnts may be pcrmittcd. A riding
stable located upon fi'..e (5) or morc acrcs ofland is cxcmpt from the provisions of this by
law:-
3.2.4 Recreation: A recreation facility owned or operated by a non-governmental
agency including some or all of the following uses: a golf course, riding stable,
playground and play fields, a swimming pool, tennis or basketball court(s).
In addition, temporary outdoor recreational events such as festivals or
fairground type events may be permitted.
A riding stable located upon five (5) or more acres of land is exempt from the
provisions of this by-law. No indoor or outdoor active recreation area or
parking for same shall be located any nearer the lot line than the minimum
building setback, or landscaping and butTering area setback, whichever is
greater.
Or take any other action in relation thereto.
SPONSOR
Planning Board
ARTICLE 37 - Pa2e 2
ARTICLE 37 - Vote
Move the Town vote to amend Section 3.2 Classification of Extensive Uses,
paragraph 3.2.4 Recreation of the Zoning By-law to the extent necessary to read as
foHows:
3.2.4 Recreation: A recreation facility owned or operated by a non-governmental
agency including some or all of the following uses: a golf course, riding stable,
playground and play fields, a swimming pool, tennis or basketball court(s).
In addition, temporary outdoor recreational events such as festivals or
fairground type events may be permitted.
A riding stable located upon five (5) or more acres of land is exempt from the
provisions of this by-law. No indoor or outdoor active recreation area or
parking for same shall be located any nearer the lot line than the minimum
building setback, or landscaping and buffering area setback, whichever is
greater.
Voted Favorably - Vote passes on Show of hands - 2/3 Vote declared by Moderator
A TRUE COpy
ATTEST
Helen P. Christia:I, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certity that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in 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 accept Winslow Way within the Winslow Estates
subdivision and related drainage, water and utility easements as shown on the "As-Built
Plan of Winslow Estates Station 0+0 to 13.90.66", dated October 30, 1994 and prepared
by Hutchins-Trowbridge Associates, Inc., recorded at the Northern Bristol County
Registry of Deeds at Book 355, pages 32-37, as a public way and to authorize the Board
of Selectmen to acquire by gift, purchase, or eminent domain an interest in land as may be
necessary or appropriate to create such public way. Said roadway and related easements
are more specifically described as follows:
WINSLOW WAY
Beginning at the Southwest comer of said roadway at a point on the Easterly sideline of
East Street THENCE along a curve to the right having a radius of 30.00 feet and an arc
length of 54.63 feet, being subtended by a chord of North 00 degrees 26 minutes 41
seconds West for a distance of 47.39 feet to a point; THENCE North 51 degrees 43
minutes 24 seconds East for a distance of216.84 feet to a point; THENCE along a curve
to the left having a radius of 175.00 feet and an arc length of 94.68 feet, being subtended
by a chord of North 36 degrees 13 minutes 24 seconds East for a distance of93.53 feet to
a point; THENCE North 20 degrees 43 minutes 24 seconds East for a distance of 111. 72
feet to a point; THENCE along a curve to the right having a radius of 30.00 feet and an
arc length of 31.42 feet, being subtended by a chord of North 50 degrees 43 minutes 24
seconds East for a distance of30.00 feet to a point; THENCE along a curve to the left
ARTICLE 38 - Page 2
having a radius of 80.00 feet and an arc length of 418.88 feet, being subtended by a chord
of North 69 degrees 16 minutes 36 seconds West for a distance of 80.00 feet to a point;
THENCE along a curve to the right having a radius of 30.00 feet and an arc length of
31.42 feet, being subtended by a chord of South 09 degrees 16 minutes 36 seconds East
for a distance of30.00 feet to a point; THENCE South 20 degrees 43 minutes 24 seconds
West for a distance of 111.72 feet to a point; THENCE along a curve to the right having a
radius of 125.00 feet and an arc length of 67.63 feet, being subtended by a chord of South
36 degrees 13 minutes 24 seconds West for a distance of66.81 feet to a point; THENCE
South 51 degrees 43 minutes 24 seconds West for a distance of 244.95 feet to a point;
THENCE along a curve to the right having a radius of 30.00 feet and an arc length of
39.62 feet, being subtended by a chord of South 89 degrees 33 minutes 19 seconds West
for a distance of36.80 feet to a point; THENCE South 52 degrees 36 minutes 46 seconds
East for a distance of 113.53 feet to the point of beginning. Together with and subject to
covenants, easements, and restrictions of record. Said property contains 1.02 acres more
or less.
Drainage Easement Winslow Estates
Beginning at a PC bound at lot 1 on the Northerly sideline of Winslow Way. THENCE
North 38 degrees 16 minutes 36 seconds West for a distance of 30.00 feet to a point;
THENCE North 51 degrees 43 minutes 24 seconds East for a distance of 99.29 feet to a
point; THENCE North 30 degrees 02 minutes 09 seconds West for a distance of 69.69
feet to a point; THENCE North 51 degrees 43 minutes 24 seconds East for a distance of
30.00 feet to a point; THENCE South 30 degrees 02 minutes 09 seconds East for a
distance of 100.00 feet to a point; THENCE South 51 degrees 43 minutes 24 seconds
West for a distance of 124.95 feet along the Northerly sideline of Winslow Way to the
point of beginning. Together with and subject to covenants, easements, and restrictions of
record. Said property contains 0.14 acres more or less.
Drainage Easement Winslow Estates
Beginning at a PT on the comer at lot 3 on the Northerly sideline of Winslow Way.
THENCE South 20 degrees 43 minutes 24 seconds West for a distance of 40.36 feet
along the Northerly sideline of Winslow Way to a point; THENCE North 34 degrees 33
minutes 54 seconds West for a distance of 220.00 feet to a point; THENCE South 55
degrees 33 minutes 48 seconds West for a distance of 104.97 feet to a point; THENCE
North 39 degrees 36 minutes 42 seconds West for a distance of 112.71 feet to a point;
THENCE South 48 degrees 49 minutes 40 seconds West for a distance of 82.60 feet to a
point; THENCE North 40 degrees 06 minutes 24 seconds West for a distance of 50.01
feet to a point; THENCE North 48 degrees 49 minutes 40 seconds East for a distance of
83.04 feet to a point; THENCE North 39 degrees 36 minutes 42 seconds West for a
ARTICLE 38 -Page 3
distance of60.00 feet to a point; THENCE North 48 degrees 49 minutes 40 seconds East
for a distance of 145.53 feet to a point; THENCE South 34 degrees 33 minutes 54
seconds East for a distance of 417.52 feet to a point; THENCE South 70 degrees 16
minutes 36 seconds East for a distance of22.58 feet to the point of beginning. Together
with and subject to covenants, easements, and restrictions of record. Said property
contains 0.91 acres more or less. All the above roadway and drainage is to reflect plan by
Hutchins-Trowbridge Associates, Inc. for Winslow Estates dated October 18, 1994.
Or take any action in relation thereto.
Petitioned by: Bodio Country Classics, c/o Richard Bodio, P.O. Box 457, North
ARTICLE 38 - Vote
Move the Town vote to accept Winslow Way within the Wi slow Estates Subdivision and
related drainage, water and utility easements as show on the "As-Built Plan of Winslow
Estates Station 0+0 to 6+30", dated October 18, 1994, and prepared by Hutchins-
Trowbridge Associates, Inc. as a public way and to authorize the Board of Selectmen to
acquire by gift, purchase, or eminent domain aninterest in land as may be necessary of
appropriate to create such public way.
WINSLOW WAY
Beginning at the Southwest corner of said roadway at a point on the Easterly sideline of
East Street THENCE along a curve to the right having a radius of 30.00 feet and an arc
length of 54.63 feet, being subtended by a chord of North 00 degrees 26 minutes 41
seconds West for a distance of 47.39 feet to a point; THENCE North 51 degrees 43
minutes 24 seconds East for a distance of216.84 feet to a point; THENCE along a curve
to the left having a radius of 175.00 feet and an arc length of 94.68 feet, being subtended
by a chord of North 36 degrees 13 minutes 24 seconds East for a distance of93.53 feet to
a point; THENCE North 20 degrees 43 minutes 24 seconds East for a distance of 111.72
feet to a point; THENCE along a curve to the right having a radius of 30.00 feet and an
arc length of 31.42 feet, being subtended by a chord of North 50 degrees 43 minutes 24
seconds East for a distance of 30.00 feet to a point; THENCE along a curve to the left
having a radius of 80.00 feet and an arc length of 418.88 feet, being subtended by a chord
of North 69 degrees 16 minutes 36 seconds West for a distance of 80.00 feet to a point;
THENCE along a curve to the right having a radius of 30.00 feet and an arc length of
31.42 feet, being subtended by a chord of South 09 degrees 16 minutes 36 seconds East
for a distance of30.00 feet to a point; THENCE South 20 degrees 43 minutes 24 seconds
West for a distance of 111.72 feet to a point; THENCE along a curve to the right having a
radius of 125.00 feet and an arc length of 67.63 feet, being subtended by a chord of South
ARTICLE 38 - Page 4
36 degrees 13 minutes 24 seconds West for a distance of66.81 feet to a point; THENCE
South 51 degrees 43 minutes 24 seconds West for a distance of 244.95 feet to a point;
THENCE along a curve to the right having a radius of 30.00 feet and an arc length of
39.62 feet, being subtended by a chord of South 89 degrees 33 minutes 19 seconds West
for a distance of36.80 feet to a point; THENCE South 52 degrees 36 minutes 46 seconds
East for a distance of 113.53 feet to the point of beginning. Together with and subject to
covenants, easements, and restrictions of record. Said property contains 1.02 acres more
or less.
Drainage Easement Winslow Estates
Beginning at a PC bound at lot 1 on the Northerly sideline of Winslow Way. THENCE
North 38 degrees 16 minutes 36 seconds West for a distance of 30.00 feet to a point;
THENCE North 51 degrees 43 minutes 24 seconds East for a distance of 99.29 feet to a
point; THENCE North 30 degrees 02 minutes 09 seconds West for a distance of 69.69
feet to a point; THENCE North 51 degrees 43 minutes 24 seconds East for a distance of
30.00 feet to a point; THENCE South 30 degrees 02 minutes 09 seconds East for a
distance of 100.00 feet to a point; THENCE South 51 degrees 43 minutes 24 seconds
West for a distance of 124.95 feet along the Northerly sideline of Winslow Way to the
point of beginning. Together with and subject to covenants, easements, and restrictions of
record. Said property contains 0.14 acres more or less.
Drainage Easement Winslow Estates
Beginning at a PT on the corner at lot 3 on the Northerly sideline of Winslow Way.
THENCE South 20 degrees 43 minutes 24 seconds West for a distance of 40.36 feet
along the Northerly sideline of Winslow Way to a point; THENCE North 34 degrees 33
minutes 54 seconds West for a distance of 220.00 feet to a point; THENCE South 55
degrees 33 minutes 48 seconds West for a distance of 104.97 feet to a point; THENCE
North 39 degrees 36 minutes 42 seconds West for a distance of 112.71 feet to a point;
THENCE South 48 degrees 49 minutes 40 seconds West for a distance of 82.60 feet to a
point; THENCE North 40 degrees 06 minutes 24 seconds West for a distance of 50.01
feet to a point; THENCE North 48 degrees 49 minutes 40 seconds East for a distance of
83.04 feet to a point; THENCE North 39 degrees 36 minutes 42 seconds West for a
distance of 60.00 feet to a point; THENCE North 48 degrees 49 minutes 40 seconds East
for a distance of 145.53 feet to a point; THENCE South 34 degrees 33 minutes 54
seconds East for a distance of 417.52 feet to a point; THENCE South 70 degrees 16
minutes 36 seconds East for a distance of 22.58 feet to the point of beginning. Together
with and subject to covenants, easements, and restrictions of record. Said property
contains 0.91 acres more or less. All the above roadway and drainage is to reflect plan by
Hutchins-Trowbridge Associates, Inc. for Winslow Estates dated October 18, 1994.
ARTICLE 38 - Page 5
Voted favorably - Vote passes on Show of hands - 2/3 Vote declared by Moderator
A TRUE COPY
ATTEST
Helen P. Christian, Town Clerk
~
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in 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 accept Fram Drive within the Fram Estates Subdivision
and related drainage, water and utility easements as shown on the "As-Built Plan of Pram
Drive Station 0+0 to 6+30", dated November 16, 1998 and prepared by RIM Engineering,
as a public way and to authorize the Board of Selectmen to acquire by gift, purchase, or
eminent domain an interest in land as may be necessary or appropriate to create such
public way. Said roadway and related easements are more specifically described as
follows:
FRAMDRIVE
Beginning at a 1 inch diameter spike set in the pavement of Bird Road, said point being
945 feet +/- from the Mansfield, Sharon Town Line and lying in the westerly sideline of
Bird Road; Thence running along the westerly sideline of Bird Road SI2-20-38E for a
distance of 45.58 feet to a point; Thence continuing along the westerly sideline of Bird
Road SI2-56-19E for a distance of57.32 feet to a concrete bound at a point of curvature;
Thence reversing direction and running counterclockwise along an arc with a radius of
30.00 feet for a length of 39.48 feet to a concrete bound at a point of tangency; Thence
running N88-20-38W for a distance of 77.15 feet to a 1 inch diameter spike set in a
driveway at a point of curvature; Thence running counterclockwise along an arc with a
radius of 280.00 feet for a length of 163.17 feet to a 1 inch diameter spike set in a
driveway at a point of reverse curvature; Thence running clockwise along an arc with a
radius of 170.00 feet for a length of 54.73 feet to a concrete bound at a point of reverse
curvature; Thence running counterclockwise along an arc with a radius of30.00 feet for a
length of 36.93 feet to a concrete bound at a point of reverse curvature; Thence running
clockwise along an arc with a radius of60.00 feet for a length of203.27 feet to a concrete
bound at a point of reverse curvature; Thence running counterclockwise along an arc with
ARTICLE 39 - Page 2
a radius of 30.00 feet for a length of36.93 feet to a concrete bound at a point of reverse
curvature; Thence running clockwise along an arc with a radius of 170.00 feet for a length
of 39.66 feet to a 1 inch diameter spike set in a driveway at a point of tangency; Thence
running N36-52-17W for a distance of 100.00 feet to a concrete bound at a point of
curvature; Thence running clockwise along an arc with a radius of 180.00 feet for a length
of 167.50 feet to a concrete bound at a point of reverse curvature; Thence running
counterclockwise along an arc with a radius of 180.00 feet for a length of 80.53 feet to a
concrete bound at a point of tangency; Thence running N09-11-22W for a distance of
143.04 feet to a concrete bound at a point of curvature; Thence running counterclockwise
along an arc with a radius of 30.00 feet for a length of 41.71 feet to a 1 inch diameter
spike set in the sidewalk at a point of tangency; Thence running N88-50-44W for a
distance of 44.79 feet to a concrete bound at a point of curvature; Thence running
clockwise along an arc with a radius of60.00 feet for a length of 158.13 feet to a concrete
bound at a point of tangency; Thence running N62-09-16E for a distance of 40.00 feet to
a concrete bound at a point of curvature; Thence running clockwise along an arc with a
radius of 60.00 feet for a length of 113.78 feet to a concrete bound at a point of tangency;
Thence running S09-11-22E for a distance of21O.65 feet to a 1 inch diameter spike set in
a driveway at a point of curvature; Thence running counterclockwise along an arc with a
radius of 60.00 feet for a length of 18.32 feet to a concrete bound at a point of reverse
curvature; Thence running clockwise along an arc with a radius of 150.00 feet for a length
of 152.81 feet to a concrete bound at a point of reverse curvature; Thence running
counterclockwise along an arc with a radius of30.00 feet for a length of 16.86 feet to a 1
inch diameter spike set in a driveway at a point of compound curvature; Thence running
counterclockwise along an arc with a radius of 140.00 feet for a length of 88.83 feet to a
concrete bound at a point of tangency; Thence running S36-52-17E for a distance of
100.00 feet to a concrete bound at a point of curvature; Thence running counterclockwise
along an arc with a radius of 130.00 feet for a length of 192.55 feet to a 1 inch diameter
spike set in the sidewalk at a point of reverse curvature; Thence running clockwise along
an arc with a radius of 320.00 feet for a length of 186.48 feet to a concrete bound at a
point of tangency; Thence running S88-20-38E for a distance of 51.60 feet to a concrete
bound at a point of curvature; Thence running counterclockwise along an arc with a radius
of30.00 feet for a length of 54.45 feet to the point of beginning.
DRAINAGE EASEMENT ON LOTS 9 AND 10
Beginning at a concrete bound in the southerly sideline of Fram Drive at the common
property corner of Lots 9 and 10 within George Pram Estates, a cluster development in
Mansfield, MA; Thence running along the southerly sideline of Fram Drive
counterclockwise along an arc with a radius of 60.00 feet for a length of 29.91 feet to a
concrete bound at a point of tangency; Thence running S04-10-08E for a distance of
10.07 feet to a point; Thence running 20.00 feet parallel to and south of, the common
ARTICLE 39 - Page 3
property line of Lots 9 and 10 S85-49-52W for a distance of 170.00 feet to a point;
Thence running S53-07-43W for a distance of 148.93 feet to a point in the easterly
sideline of the Montaup Electric Company Power Easement; Thence running along the
easterly sideline of the Montaup Electric Company Power Easement N36-52-17W for a
distance of 209.39 feet to the property corner of Lot 10; Thence running along the
property line of Lot 10, by Land of Jerome, N62-18-41E for a distance of 126.00 feet to a
point; Thence running S36-52-17E for a distance of 150.88 feet to a concrete bound in the
common property line of Lots 9 and 10; Thence running along the common property line
of Lots 9 and 10 N85-49-52E for a distance of 184.06 feet to the point of beginning.
DRAINAGE EASEMENT ON LOT 8
Beginning at the common property corner of Lots 7 and 8 within George Fram Estates, a
cluster development in Mansfield, MA, said point lying in the westerly sideline of Fram
Drive and being 1. 00 feet east of a concrete bound on the common property line of Lots 7
and 8; Thence running along the common property line of Lots 7 and 8 S81-50-03W for a
distance of201.88 feet to a concrete bound at the common property corner of Lot 7 and 8
and also lying in the easterly sideline of the Montaup Electric Company Power Easement;
Thence running along the easterly sideline of the Montaup Electric Company Power
Easement N36-52-17W for a distance of 202.77 feet to a point at the common property
comer of Lots 8 and 9; Thence running along the common property line of Lots 8 and 9
N77-46-01E for a distance of 176.48 feet to a point; Thence running S44-30-28E for a
distance of 211. 67 feet to a point in the westerly sideline of Fram Drive; Thence running
along the westerly sideline of Fram Drive counterclockwise along an arc with a radius of
180.00 feet to a length of20.00 feet to the point of beginning.
WATER MAIN EASEMENT OVER LOTS 14, 15 AND B
Beginning at a concrete bound at the common property corner of Lots 14 and 15 within
George Fram Estates, a cluster development in Mansfield, MA, and lying in the easterly
sideline ofFram Drive; Thence running along the easterly sideline ofFram Drive N09-11-
22W for a distance of 9.68 feet to a point; Thence running N76-58-09E for a distance of
164.49 feet to a point in the easterly property line of Lot 14 at Lot B; Thence running
through Lot B N78-40-43E for a distance of293.91 feet to a point in the westerly sideline
of Bird Road; Thence running along the westerly sideline of Bird Road S13-38-36E for a
distance of 20.02 feet to a point; Thence running through Lot B S78-40-43W for a
distance of 294.44 feet to a point in the easterly sideline of Lot 15; Thence running 20.00
feet parallel to, and south of, the common property line of Lots 14 and 15 S76-58-09W
for a distance of 165.83 feet to a point in the easterly sideline of Fram Drive; Thence
running along the easterly sideline ofFram Drive N09-11-22W for a distance of 10.37 feet
to the point of beginning.
ARTICLE 39 - Page 4
Or take any action in relation thereto.
Petitioned by:
Paul Folkman, 190 Winter Street, Mansfield
ARTICLE 39 - Vote
Move the Town vote to accept Fram Drive within the Pram Estates Subdivision and
related drainage, water and utility easements as shown on the "As-Built Plan of Pram
Drive Station 0+0 to 13.90.69", dated November 10, 1998, and prepared by RIM
Engineering, as a public way and to authorize the Board of Selectmen to acquire by gift,
purchase, or eminent domain an interest in land as may be necessary or appropriate to
create such public way.
FRAM DRIVE
Beginning at a 1 inch diameter spike set in the pavement of Bird Road, said point being
945 feet +/- from the Mansfield, Sharon Town Line and lying in the westerly sideline of
Bird Road; Thence running along the westerly sideline of Bird Road SI2-20-38E for a
distance of 45.58 feet to a point; Thence continuing along the westerly sideline of Bird
Road SI2-56-19E for a distance of57.32 feet to a concrete bound at a point of curvature;
Thence reversing direction and running counterclockwise along an arc with a radius of
30.00 feet for a length of 39.48 feet to a concrete bound at a point of tangency; Thence
running N88-20-38W for a distance of 77.15 feet to a 1 inch diameter spike set in a
driveway at a point of curvature; Thence running counterclockwise along an arc with a
radius of 280.00 feet for a length of 163.17 feet to a 1 inch diameter spike set in a
driveway at a point of reverse curvature; Thence running clockwise along an arc with a
radius of 170.00 feet for a length of 54.73 feet to a concrete bound at a point of reverse
curvature; Thence running counterclockwise along an arc with a radius of30.00 feet for a
length of36.93 feet to a concrete bound at a point of reverse curvature; Thence running
clockwise along an arc with a radius of60.00 feet for a length of203.27 feet to a concrete
bound at a point of reverse curvature; Thence running counterclockwise along an arc with
a radius of 30.00 feet for a length of 36.93 feet to a concrete bound at a point of reverse
curvature; Thence running clockwise along an arc with a radius of 170.00 feet for a length
of 39.66 feet to a 1 inch diameter spike set in a driveway at a point of tangency; Thence
running N36-52-17W for a distance of 100.00 feet to a concrete bound at a point of
curvature; Thence running clockwise along an arc with a radius of 180.00 feet for a length
of 167.50 feet to a concrete bound at a point of reverse curvature; Thence running
counterclockwise along an arc with a radius of 180.00 feet for a length of 80.53 feet to a
concrete bound at a point of tangency; Thence running N09-11-22W for a distance of
143.04 feet to a concrete bound at a point of curvature; Thence running counterclockwise
ARTICLE 39 - Page 5
along an arc with a radius of 30.00 feet for a length of 41.71 feet to a 1 inch diameter
spike set in the sidewalk at a point of tangency; Thence running N88-50-44W for a
distance of 44.79 feet to a concrete bound at a point of curvature; Thence running
clockwise along an arc with a radius of60.00 feet for a length of 158.13 feet to a concrete
bound at a point of tangency; Thence running N62-09-16E for a distance of 40.00 feet to
a concrete bound at a point of curvature; Thence running clockwise along an arc with a
radius of 60.00 feet for a length of 113.78 feet to a concrete bound at a point of tangency;
Thence running S09-11-22E for a distance of210.65 feet to a 1 inch diameter spike set in
a driveway at a point of curvature; Thence running counterclockwise along an arc with a
radius of 60.00 feet for a length of 18.32 feet to a concrete bound at a point of reverse
curvature; Thence running clockwise along an arc with a radius of 150.00 feet for a length
of 152.81 feet to a concrete bound at a point of reverse curvature; Thence running
counterclockwise along an arc with a radius of30.00 feet for a length of 16.86 feet to a 1
inch diameter spike set in a driveway at a point of compound curvature; Thence running
counterclockwise along an arc with a radius of 140.00 feet for a length of 88.83 feet to a
concrete bound at a point of tangency; Thence running S36-52-17E for a distance of
100.00 feet to a concrete bound at a point of curvature; Thence running counterclockwise
along an arc with a radius of 130.00 feet for a length of 192.55 feet to a 1 inch diameter
spike set in the sidewalk at a point of reverse curvature; Thence running clockwise along
an arc with a radius of 320.00 feet for a length of 186.48 feet to a concrete bound at a
point of tangency; Thence running S88-20-38E for a distance of 51.60 feet to a concrete
bound at a point of curvature; Thence running counterclockwise along an arc with a radius
of30.00 feet for a length of 54.45 feet to the point of beginning.
DRAINAGE EASEMENT ON LOTS 9 AND 10
Beginning at a concrete bound in the southerly sideline of Fram Drive at the common
property corner of Lots 9 and 10 within George Fram Estates, a cluster development in
Mansfield, MA; Thence running along the southerly sideline of Fram Drive
counterclockwise along an arc with a radius of 60.00 feet for a length of 29.91 feet to a
concrete bound at a point of tangency; Thence running S04-10-08E for a distance of
10.07 feet to a point; Thence running 20.00 feet parallel to and south of, the common
property line of Lots 9 and 10 S85-49-52W for a distance of 170.00 feet to a point;
Thence running S53-07-43W for a distance of 148.93 feet to a point in the easterly
sideline of the Montaup Electric Company Power Easement; Thence running along the
easterly sideline of the Montaup Electric Company Power Easement N36-52-17W for a
distance of 209.39 feet to the property corner of Lot 10; Thence running along the
property line of Lot 10, by Land of Jerome, N62-18-41E for a distance of 126.00 feet to a
point; Thence running S36-52-17E for a distance of 150.88 feet to a concrete bound in the
ARTICLE 39 - Page 6
common property line of Lots 9 and 10; Thence running along the common property line
of Lots 9 and 10 N85-49-52E for a distance of 184.06 feet to the point of beginning.
DRAINAGE EASEMENT ON LOT 8
Beginning at the common property corner of Lots 7 and 8 within George Fram Estates, a
cluster development in Mansfield, MA, said point lying in the westerly sideline of Fram
Drive and being 1. 00 feet east of a concrete bound on the common property line of Lots 7
and 8; Thence running along the common property line of Lots 7 and 8 S81-50-03W for a
distance of201.88 feet to a concrete bound at the common property corner of Lot 7 and 8
and also lying in the easterly sideline of the Montaup Electric Company Power Easement;
Thence running along the easterly sideline of the Montaup Electric Company Power
Easement N36-52-17W for a distance of 202.77 feet to a point at the common property
comer of Lots 8 and 9; Thence running along the common property line of Lots 8 and 9
N77-46-01E for a distance of 176.48 feet to a point; Thence running S44-30-28E for a
distance of 211.67 feet to a point in the westerly sideline of Fram Drive; Thence running
along the westerly sideline of Fram Drive counterclockwise along an arc with a radius of
180.00 feet to a length of20.00 feet to the point of beginning.
WATER MAIN EASEMENT OVER LOTS 14, 15 AND B
Beginning at a concrete bound at the common property corner of Lots 14 and 15 within
George Fram Estates, a cluster development in Mansfield, MA, and lying in the easterly
sideline ofFram Drive; Thence running along the easterly sideline ofFram Drive N09-11-
22W for a distance of 9.68 feet to a point; Thence running N76-58-09E for a distance of
164.49 feet to a point in the easterly property line of Lot 14 at Lot B; Thence running
through Lot B N78-40-43E for a distance of293.91 feet to a point in the westerly sideline
of Bird Road; Thence running along the westerly sideline of Bird Road S13-38-36E for a
distance of 20.02 feet to a point; Thence running through Lot B S78-40-43W for a
distance of 294.44 feet to a point in the easterly sideline of Lot 15; Thence running 20.00
feet parallel to, and south of, the common property line of Lots 14 and 15 S76-58-09W
for a distance of 165.83 feet to a point in the easterly sideline of Fram Drive; Thence
running along the easterly sideline ofFram Drive N09-11-22W for a distance of 10.37 feet
to the point of beginning.
Voted favorably - Vote passes on Show of hands - 2/3 Vote declared by Moderator
A TRUE COPY
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the May 17, 1999 session of the
AprilS, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in the
Mansfield High School Auditorium, East Street, Mansfield, Massachusetts. There was a
quorum present and voting.
ARTICLE 40
To see if the Town will vote to create a local Wetland Protection Bylaw by deleting the
existing chapter 15, of the Town's General Bylaws and replacing it with the following:
Town of Mansfield Wetland Protection By-Law
Section 1: Purpose and Authority
The purpose of this bylaw is to protect the wetlands, related water resources, and adjacent
land areas in the Town of Mansfield by controlling activities deemed by the Conservation
Commission likely to have a significant impact, or cumulative effect, upon wetland
values, including, but not limited to, the following: protection of public or private water
supplies and groundwater, flood control, erosion and sedimentation control, storm
damage
prevention, water pollution control, protection of fisheries and wildlife habitat, and
preservation of open space [collectively, and hereinafter, "the wetland values", protected
by this bylaw]. This bylaw is adopted under the Home rule Amendment of the
Massachusetts Constitution and the Home Rule Statues, and is independent of the
Wetlands Protection Act, MOL Chapter 131, Section 40, and any regulations applicable
to such Act.
Section 2: Jurisdiction
2.1 Except as permitted by the Conservation Commission, or as provided for in this
bylaw, no person shall remove, fill, dredge, build upon, or alter in any other way,
the following wetland resource areas: any freshwater wetland, marsh, swamp,
ARTICLE 40 - Page 2
bog, or wet meadow [hereinafter "bordering vegetated wetland" or "bvw"]; any
lake or pond, river or stream [hereinafter waterbody or waterway]; any bank,
beach, or other type of edge adjacent to, or land under, said waterbodies or
waterways; any flood zone, as shown on the federal flood maps, or determined by
other engineering methodology, associated with said waterbodies or waterways;
any vernal pools certified by the State; any isolated wetland area larger than 5,000
sq. ft. and/or any area defined as Isolated Land Subject to Flooding [ISLF] under
the Wetland Protection Act; or any isolated wetland which is identified by the
State as the habitat site of a state-listed species [collectively, and hereinafter, the
"resource areas"]; or any land within 100 feet from the edge of any of the above
referenced resource areas [hereinafter the "buffer zone"].
2.2 This bylaw shall not apply to the following activities:
1. Emergency projects necessary for the protection of the health or safety
of the residents of the Town of Mansfield.
2. Maintenance, repair, or replacement, without substantial enlargement,
of existing structures and facilities used to provide public [electric,
gas, water, sewerage, rail transport, and telecommunication] services,
and existing public ways and associated drainage facilities, provided
that the Commission is notified prior to the initiation of said work
3. Normal maintenance or improvement of land in existing agricultural
use.
4. Normal maintenance, repair, replacement, or improvement to any
existing private residential property or components, including, but not
limited to, fences, hedges, gardens, lawns, retaining or stone walls,
patios, lamp posts, flag poles, or mailboxes. Project proponents must
thoroughly check with the Commission or its agent for applicability.
2.3 To insure that the resource areas are protected, and the wetland values are
preserved for all of the residents of the Town, the Commission is empowered to
deny permission for any alteration of any resource area if, in the judgment of the
Commission, such denial is necessary for the protection of the identified wetland
values. Due consideration shall be given to possible effects of the proposed work
on all of the wetland values listed in this bylaw.
2.4 To provide minimum protection for the wetland values and resource areas, no
activity, unless permitted in Section 2.5, shall be allowed within 25 feet of any
resource area [hereinafter "the no disturb zone]. Further, the Commission
reserves the right to prohibit, or significantly condition, through the issuance of an
Order of Conditions, work between 25-50 feet away from any resource area. In
ARTICLE 40 - Page 3
determining whether to prohibit or condition work within this area, the
Commission will take into account factors including, but not limited to, the slope
of the adjacent areas, the existing and proposed drainage patterns, the type of the
proposed adjacent land use and its potential for creating long-term impacts on the
resource areas and the wetland values.
2.5 The following activities may be permitted within 25 feet of a resource area: the
creation of wetland replacement or mitigation areas, installation of drainage
outfalls, grading work associated with additions to existing single-family homes,
the maintenance and construction of trails, resource improvements projects, such
as the cleaning of streams or the creation of park areas. These exceptions will be
reviewed on a case-by-case basis.
2.6 Not withstanding the provision of Sections 2.4, 2.5, and 2.7, no activity,
associated with the construction of new subdivisions [including roadways,
drainage or utility systems, or individual homes] or commercial/industrial
projects, shall be performed within 100 feet of any certified Vernal Pool, or any
isolated wetland which is identified by the State as the habitat site of a state-listed
species. If an addition to an existing residential structure is proposed within 100
feet of a certified vernal Pool, the Commission will review this activity on a case-
by-case basis, and issue conditions necessary to provide for maximum protection
to the pool in question, or deny the project if no conditions are satisfactory to
protect the pool.
2.7 The Commission may permit a project which proposes to alter a resource area as
long as the projects meets the definition of a "limited project" as outlined in the
DEP wetland regulations [see 310 CMR, section 10.53 (3) of the October 6, 1997
edition, or corresponding section of any future edition]. These proposed projects
will also be reviewed on a case-by-case basis.
2.8 The Commission may, at its own discretion, require, as part of an Order of
Conditions or as one of the Conditions attached to a Determination of
Applicability, the applicant to place a Conservation RestrictionlEasement upon
the resource area(s) and certain areas with the 100 foot buffer zone.
Section 3: Activities within Resources Areas and Adjacent Buffer Zones
It is presumed that work which is proposed to occur within any resource area or within
the buffer zone of any resource area has the potential to create significant adverse impacts
on the resource area. Therefore, any activity proposed to occur within the resource area
ARTICLE 40 - Page 4
or the buffer zone area will require the filing of a Notice of Intent application. The
Commission may condition the proposed activity to protect the resource area(s), or if no
condition exists to protect the area, then the Commission may deny the project. For
activity proposed to occur between 50-100 feet away from any resource area [except a
Certified Vernal Pool], the applicant may file a Request for Determination of
Applicability [RDA]. If a RDA is filed, the Commission may permit, with any necessary
conditions, the work based on the plans submitted, or can require the filing of a Notice of
Intent.
Section 4: Administration
4.1 The Commission may, following a public hearing, adopt Regulations for the
administration and enforcement of this bylaw. Until such time that any
regulations are in place, the hearing procedures, timeframes, definitions,
application requirements, and any other administrative activities contained within
the MA Wetlands Protection Act and accompanying DEP Regulations shall apply.
All hearings held under this bylaw shall be concurrent with hearings required by
the MA Wetlands Protection Act. Failure of the Commission to adopt regulations
shall not nullity or invalidate any section or provision of this bylaw. If any
section of the regulations is ruled invalid by any court of law, that action shall not
invalidate any provisions of this bylaw.
4.2 To clarify any section(s) of this bylaw, the Commission may Issue policy
advisories.
4.3 For any property for which an application has been made, the Commission, its
agents or employees may enter onto said property for the purpose of carrying out
its duties under this bylaw.
4.4 The Commission shall conduct public hearings for all applications filed under this
bylaw. The provisions of Section 4.1 shall apply for the procedures of the
required hearings.
Section 5: Fees and Bonding
5.1 Filing Fee Schedule
A. Request for Determination
1. Single Family House or Lot
$100.00
ARTICLE 40 - Page 5
2. Commercial/IndustriallResidential Subdivision
$400.00
B. Notice ofIntent
1. Single Family House
or additions
$50.00
2. Commercial/IndustriallResidential Subdivision
$250.00
C. Requests for Certificates of
Compliance or Partial Certificates
$50.00
These fees are in addition to the fees established by Mass. DEP and required
under the state Wetlands Protection Act, Chapter 131, Section 40, and any applicable
regulations.
5.2 The Commission is authorized to require any applicant to pay the costs and
expenses of any expert or other consultant deemed necessary by the Commission
to review and comment on the application and all relevant materials. The
Commission shall choose the consultant(s) and outline the scope of work. The
vote to require the use of a consultant shall be made by a super majority of the
Commission [5 votes out of 7]. Only projects that propose to directly alter any of
the outlined resource areas shall be subject to this provision.
5.3 For any project that involves the alteration of a resource area, the Commission
may require the posting of a bond, separate from the bonding requirements of any
other Town Board or Department, to insure the successful completion of the
required replication or mitigation procedures.
Section 6: Burden of Proof
The person filing an application with the commission shall have the burden of proving by
a preponderance of credible evidence that the work proposed will not have a significant
impact, or adverse cumulative effects, upon the resource area(s) in questions and the
associated wetland values. Failure to provide adequate evidence to the Commission
ARTICLE 40 - Page 6
supporting this burden shall be sufficient cause for the Commission to deny a permit, or
grant a permit with conditions necessary to provide protection for the resource area.
Section 7: Severability
The invalidity of any section or provision of this bylaw shall not invalidate any other
section or provision thereof; not shall it invalidate any permit or determination which
previously has been issued.
Or take any action in relation thereto.
Petitioned by: James Starr, 440 Stearns Avenue, Mansfield
ARTICLE 40 - Vote
Move the Town vote to create a local Wetland Protection Bylaw by deleting the existing
chapter 15, of the Town's General Bylaws and replacing it with the following:
Town of Mansfield Wetland Protection Bylaw
Section 1: Purpose and Authority
The purpose of this bylaw is to protect the wetlands, related water resources, and adjacent
land areas in the Town of Mansfield by controlling activities deemed by the Conservation
Commission likely to have a significant impact, or cumulative effect, upon wetland
values, including, but not limited to, the following: protection of public or private water
supplies and groundwater, flood control, erosion and sedimentation control, storm
damage prevention, water pollution control, protection of fisheries and wildlife habitat,
and preservation of open space [collectively, and hereinafter, "the wetland values",
protected
by this bylaw]. This bylaw is adopted under the Home rule Amendment of the
Massachusetts Constitution and the Home Rule Statues, and is independent of the
Wetlands Protection Act, MGL Chapter 131, Section 40, and any regulations applicable
to such Act.
Section 2: Jurisdiction
2.1 Except as permitted by the Conservation Commission, or as provided for in this
bylaw, no person shall remove, fill, dredge, build upon, or alter in any other way,
the following wetland resource areas: any freshwater wetland, marsh, swamp,
bog, or wet meadow [hereinafter "bordering vegetated wetland" or "bvw"]; any
ARTICLE 40 - Page 7
lake or pond, river or stream [hereinafter waterbody or waterway]; any bank:, beach, or
other type of edge adjacent to, or land under, said waterbodies or waterways; any flood
zone, as shown on the federal flood maps, or determined by other engineering
methodology, associated with said waterbodies or waterways; any vernal pools certified
by the State; any isolated wetland area larger than 5,000 sq. ft. and/or any area defined as
Isolated Land Subject to Flooding [ISLF] under the Wetland Protection Act; wetland
which is identified by the State as the habitat site of a state-listed species [collectively,
and hereinafter, the "resource areas"]; or any land within 100 feet from the edge of any of
the above referenced resource areas [hereinafter the "buffer zone"].
2.2 This bylaw shall not apply to the following activities:
5. Emergency projects necessary for the protection of the health or safety
of the residents of the Town of Mansfield.
6. Maintenance, repair, or replacement, without substantial enlargement,
of existing structures and facilities used to provide public [electric,
gas, water, sewerage, rail transport, and telecommunication] services,
and existing public ways and associated drainage facilities,
provided that the Commission is notified prior to the initiation of said
work
7. Normal maintenance or improvement of land in existing agricultural
use.
8. Normal maintenance, repair, replacement, or improvement to any
existing private residential property or components, including, but not
limited to, fences, hedges, gardens, lawns, retaining or stone walls,
patios, lamp posts, flag poles, or mailboxes. Project proponents must
thoroughly check with the Commission or its agent for applicability.
2.3 To insure that the resource areas are protected, and the wetland values are
preserved for all of the residents of the Town, the Commission is empowered to
deny permission for any alteration of any resource area if, in the judgment of the
Commission, such denial is necessary for the protection of the identified wetland
values. Due consideration shall be given to possible effects of the proposed work
on all of the wetland values listed in this bylaw.
2.4 To provide minimum protection for the wetland values and resource areas, no
activity, unless permitted in Section 2.5, shall be allowed within 25 feet of any
resource area [hereinafter "the no disturb zone]. Further, the Commission
reserves the right to prohibit, or significantly condition, through the issuance of an
Order of Conditions, work between 25-50 feet away from any resource area. In
determining whether to prohibit or condition work within this area, the
ARTICLE 40 - Page 8
Commission will take into account factors including, but not limited to, the slope
of the adjacent areas, the existing and proposed drainage patterns, the type of the
proposed adjacent land use and its potential for creating long-term impacts on the
resource areas and the wetland values.
2.5 The following activities may be permitted within 25 feet of a resource area: the
creation of wetland replacement or mitigation areas, installation of drainage
outfalls, grading work associated with additions to existing single-family homes,
the maintenance and construction of trails, resource improvements projects, such
as the cleaning of streams or the creation of park areas. These exceptions will be
reviewed on a case-by-case basis.
2.6 Not withstanding the provision of Sections 2.4, 2.5, and 2.7, no activity,
associated with the construction of new subdivisions [including roadways,
drainage or utility systems, or individual homes] or commercial/industrial
projects, shall be performed within 100 feet of any certified Vernal Pool, or any
wetland which is identified by the State as the habitat site of a state-listed species.
If an addition to an existing residential structure is proposed within 100 feet of a
certified vernal Pool, the Commission will review this activity on a case-by-case
basis, and issue conditions necessary to provide for maximum protection to the
pool in question, or deny the project if no conditions are satisfactory to protect the
pool.
If the 100-foot radius around a such a Vernal pool or wetland area intersects an
existing public roadway, then work may be allowed, through an Order of
Conditions, by the Commission to occur within the 100-foot radius as long as the
proposed work area is on the opposite side of the street from the street from the
pool or wetland area. If the state's Natural Heritage Program determines, through
a site visit, that the Vernal Pool or wetland area is not a significant habitat area
then the Commission may allow, through an Order of Conditions, activity to
occur within 100- feet of said pool or wetland area.
2.7 The Commission may permit a project which proposes to alter a resource area as
long as the projects meets the definition of a "limited project" as outlined in the
DEP wetland regulations [see 310 CMR, section 10.53 (3) of the October 6, 1997
edition, or corresponding section of any future edition]. These proposed projects
will also be reviewed on a case-by-case basis.
2.8 The Commission may, at its own discretion, require, as part of an Order of
Conditions or as one of the Conditions attached to a Determination of
ARTICLE 40 - Page 9
Applicability, the applicant to place a Conservation Restriction/Easement upon the
resource area(s) and certain areas with the 100 foot buffer zone.
Section 3: Activities within Resources Areas and Adjacent Buffer Zones
It is presumed that work which is proposed to occur within any resource area or within
the buffer zone of any resource area has the potential to create significant adverse impacts
on the resource area. Therefore, any activity proposed to occur within the resource area
or the buffer zone area will require the filing of a Notice of Intent application. The
Commission may condition the proposed activity to protect the resource area(s), or if no
condition exists to protect the area, then the Commission may deny the project. For
activity proposed to occur between 50-100 feet away from any resource area [except a
Certified Vernal Pool], the applicant may file a Request for Determination of
Applicability [RDA]. If a RDA is filed, the Commission may permit, with any necessary
conditions, the work based on the plans submitted, or can require the filing of a Notice of
Intent.
Section 4: Administration
4.1 The Commission may, following a public hearing, adopt Regulations for the
administration and enforcement of this bylaw. Until such time that any
regulations are in place, the hearing procedures, timeframes, definitions,
application requirements, and any other administrative activities contained within
the MA Wetlands Protection Act and accompanying DEP Regulations shall apply.
All hearings held under this bylaw shall be concurrent with hearings required by
the MA Wetlands Protection Act. Failure of the Commission to adopt regulations
shall not nullity or invalidate any section or provision of this bylaw. If any
section of the regulations is ruled invalid by any court of law, that action shall not
invalidate any provisions of this bylaw.
4.2 To clarify any section(s) of this bylaw, the Commission may Issue policy
advisories.
4.3 For any property for which an application has been made, the Commission, its
agents or employees may enter onto said property for the purpose of carrying out
its duties under this bylaw.
4.4 The Commission shall conduct public hearings for all applications filed under this
bylaw. The provisions of Section 4.1 shall apply for the procedures of the
required hearings.
ARTICLE 40 - Page 10
Section 5: Fees and Bonding
5.1 Filing Fee Schedule
A. Request for Determination
1. Single Family House or Lot
$100.00
2. Commercial/IndustriallResidential Subdivision
$400.00
B. Notice ofIntent
1. Single Family House
or additions
$50.00
2. CommerciallIndustriallResidential Subdivision
$250.00
C. Requests for Certificates of
Compliance or Partial Certificates
$50.00
These fees are in addition to the fees established by Mass. DEP and required under the
state Wetlands Protection Act, Chapter 131, Section 40, and any applicable regulations.
5.2 The Commission is authorized to require any applicant to pay the costs and
expenses of any expert or other consultant deemed necessary by the Commission
to review and comment on the application and all relevant materials. The
Commission shall choose the consultant(s) and outline the scope of work. The
vote to require the use of a consultant shall be made by a super majority of the
Commission [5 votes out of 7]. Only projects that propose to directly alter any of
the outlined resource areas shall be subject to this provision.
5.3 For any project that involves the alteration of a resource area, the Commission
may require the posting of a bond, separate from the bonding requirements of any
other Town Board or Department, to insure the successful completion of the
required replication or mitigation procedures.
ARTICLE 40 - Page 11
Section 6: Burden of Proof
The person filing an application with the commission shall have the burden of proving by
a preponderance of credible evidence that the work proposed will not have a significant
impact, or adverse cumulative effects, upon the resource area(s) in questions and the
associated wetland values. Failure to provide adequate evidence to the Commission
supporting this burden shall be sufficient cause for the Commission to deny a permit, or
grant a permit with conditions necessary to provide protection for the resource area.
Section 7: Severability
The invalidity of any section or provision of this bylaw shall not invalidate any other
section or provision thereof; not shall it invalidate any permit or determination which
previously has been issued.
Voted favorably on a standing vote count - 88 in favor 67 opposed
Reconsideration failed
A TRUE COpy
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in 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 amend the Zoning By-Law of the Town of Mansfield by
adding the following after Section 3.3.10:
3.3.11- Residential Facilities for Residents Fifty-Five (55) Years of Age or Older
A residential facility which provides housing units exclusively for residents 55
years of age or older. Such a facility must include the following:
a) The facility shall be located on a parcel, or contiguous parcels, of land which has a
total acreage of not less than ten (10) acres.
b) No site shall accommodate more than 100 units nor exceed a density of ten (10)
units per acre of upland land area.
c) Each site shall contain at least 35% of the total area as permanent open space,
which shall not include land devoted to streets or parking areas, but may include
land within the minimum setback areas required herein.
d) Deed Description: A deed or other recorded instrument shall be filed showing the
applicant to be the owner of the land to be designated as a Residential Facility for
persons 55 years of age or older and that the land is in single or consolidated
ownership at the time of final plan application.
e) Common Open Space Instrument: In order to ensure that the corporation, non-
profit organization or trust will properly maintain the common open space, an
instrument(s) shall be recorded at the Bristol North District Registry of Deeds
which shall, at a minimum provide:
f) A legal description of the common open space;
ARTICLE 41-Page 2
g) A statement of the purpose for which the common open space is intended to be
used and the restrictions on its use and alienation.
h) The type and name of the corporation, non-profit organization, or trust which will
own, manage and maintain the common open space.
i) The ownership or beneficial interest in the corporation, non-profit organization or
trust of each owner of a dwelling in the cluster development and a provision that
such ownership or beneficial interest shall be appurtenant to the dwelling to which
it relates and may not be conveyed or encumbered separately therefrom.
j) Provisions for the number, term of office, and the manner of election to office,
removal from office and the filling of vacancies in the office of directors and/or
officers of the corporation or non-profit organization or trustees of the trust.
k) Procedures for the conduct of the affairs and business of the corporation, non-
profit organization or trust including provision for calling and holding of meetings
of members and directors and/or officers of the corporation or non-profit
organization or beneficiaries and trustees of the trust and provision for quorum and
voting requirements for action to be taken. Each owner of a dwelling shall have
voting rights proportional to his ownership or beneficial interest in the corporation,
non-profit organization or trust.
I) Provision for the management, maintenance, operation, improvement and repair of
the common open space and facilities thereon, including provisions for obtaining
and maintaining adequate insurance and levying and collecting from the dwelling
owners common charges to pay for expenses associated with the common open
space, including real estate taxes. It shall be provided that common charges are to
be allocated among the dwelling owners in proportion to their ownership or
beneficial interests in the corporation, non-profit organization or trust, that each
owner's share of the common charge shall be a lien against his real estate in the
RD, which shall have priority over all other liens with the exception of municipal
liens and first mortgages of record.
m) All roadways within the facility shall be maintained by the owner or owners of such
roadways. Street lighting shall be constructed in accordance with the Mansfield
Zoning By-Law.
n) Each dwelling unit shall have a minimum of two parking spaces.
0) Public sanitary sewer and public water shall be required.
p) All public utilities shall be underground.
q) All outside building utilities and mechanical equipment shall be fenced and/or
screened from view by suitable design and construction of fencing and/or
shrubbery. All dumpsters are to be located on concrete pads and enclosed in
privacy fences.
All buildings shall be residential in appearance, and no building shall contain more
than eight units or exceed a length of340 feet. No wall of any dwelling unit shall
ARTICLE 41 - Page 3
exceed 50 feet in an unbroken plane without offset of at least four feet. No
building shall exceed 40 feet in height, and total building footprint coverage shall
not exceed 20% of the total lot area, excluding terraces, decks and garages.
r) No building shall be constructed within 50 feet of a public way nor within 40 feet
of any other property. Suitable buffer plantings shall be provided to assure
maximum privacy to the residents and also to the occupants of adjoining
properties, in accordance with the requirements for landscaping of the Mansfield
Zoning By-Law.
s) Each housing unit shall be designed and used exclusively as a single housekeeping
unit with cooking, living and sanitary facilities; and each housing unit shall contain
not more than two sleeping rooms. There shall be no additional boarding or
lodging within any housing unit.
t) The site may contain accessory buildings or structures for maintenance and
recreational facilities incidental to the exclusive use by the residents of the facility.
In no case shall accessory building or structure be located between a principal
structure and a public way.
u) The facility shall comply with the provisions set forth in 42 USC 3601 et seq.
v) For the purpose of mixed use development: The provision of the Section of the
zoning By-Law may be combined with the provision Section 5.10 "Planned
Commercial and Industrial Development" as it applies to the business 3 Zone Only.
And to see if the Town will amend the Mansfield Zoning By-Law by adding the following
to the Schedule of Principal Use Regulations, Section 3.3 Residential, after Section
3.3.10.:
SCHEDULE OF PRINCIPAL USE REGULATIONS
Residential
Districts
1 2 3 RD
Business
Districts
123
Industrial
Districts
123A
SPA
3.3
Residential
3.3.11 Residential
Facilities for Residents 55
Years or Older N S N S
NNS
NNNN
Y
Or take any action in relation thereto.
Petitioned by: Peter DeGirolamo, 382 Franklin Street, Mansfield
ARTICLE 41 - Page 4
ARTICLE 41 - Vote
Move the Town vote to amend the Zoning By-Law of the Town of Mansfield by adding
the following after Section 3.3.10:
3.3.11- Residential Facilities for Residents Fifty-Five (55) Yean of Age or Older
A residential facility which provides housing units exclusively for residents 55
years of age or older. Such a facility must include the following:
1. The facility shall be located on a parcel, or contiguous parcels, of land which has a
total acreage of not less than ten (10) acres.
2. No site shall accommodate more than 100 units nor exceed a density often (10) units
per acre of upland land area.
3. Each site shall contain at least 35% of the total area as permanent open space, which
shall not include land devoted to streets or parking areas, but may include land within
the minimum setback areas required herein.
4. Deed Description: A deed or other recorded instrument shall be filed showing the
applicant to be the owner of the land to be designated as a Residential Facility for
persons 55 years of age or older and that the land is in single or consolidated
ownership at the time of final plan application.
5. Common Open Space Instrument: In order to ensure that the corporation, non-profit
organization or trust will properly maintain the common open space, an instrument( s)
shall be recorded at the Bristol North District Registry of Deeds which shall, at a
minimum provide:
6. A legal description of the common open space;
7. A statement of the purpose for which the common open space is intended to be used
and the restrictions on its use and alienation.
8. The type and name of the corporation, non-profit organization, or trust which will
own, manage and maintain the common open space.
9. The ownership or beneficial interest in the corporation, non-profit organization or trust
of each owner of a dwelling in the cluster development and a provision that such
ownership or beneficial interest shall be appurtenant to the dwelling to which it relates
and may not be conveyed or encumbered separately therefrom.
10. Provisions for the number, term of office, and the manner of election to office,
removal from office and the filling of vacancies in the office of directors and/or officers
of the corporation or non-profit organization or trustees of the trust.
11. Procedures for the conduct of the affairs and business of the corporation, non-profit
organization or trust including provision for calling and holding of meetings of
members and directors and/or officers of the corporation or non-profit
ARTICLE 41 - Page 5
organization or beneficiaries and trustees of the trust and provision for quorum and
voting requirements for action to be taken. Each owner of a dwelling shall have
voting rights proportional to his ownership or beneficial interest in the
corporation, non-profit organization or trust.
12. Provision for the management, maintenance, operation, improvement and repair of the
common open space and facilities thereon, including provisions for obtaining and
maintaining adequate insurance and levying and collecting from the dwelling owners
common charges to pay for expenses associated with the common open space,
including real estate taxes. It shall be provided that common charges are to be
allocated among the dwelling owners in proportion to their ownership or beneficial
interests in the corporation, non-profit organization or trust, that each owner's share
of the common charge shall be a lien against his real estate in the RD, which shall have
priority over all other liens with the exception of municipal liens and first mortgages of
record.
13. All roadways within the facility shall be maintained by the owner or owners of such
roadways. Street lighting shall be constructed in accordance with the Mansfield Zoning
By-Law.
14. Each dwelling unit shall have a minimum of two parking spaces.
15. Public sanitary sewer and public water shall be required.
16. All public utilities shall be underground.
17. All outside building utilities and mechanical equipment shall be fenced and/or screened
from view by suitable design and construction of fencing and/or shrubbery. All
dumpsters are to be located on concrete pads and enclosed in privacy fences.
18. All buildings shall be residential in appearance, and no building shall contain more than
eight units or exceed a length of340 feet. No wall of any dwelling unit shall exceed 50
feet in an unbroken plane without offset of at least four feet. No building shall exceed
40 feet in height, and total building footprint coverage shall not exceed 20% of the
total lot area, excluding terraces, decks and garages.
19. No building shall be constructed within 50 feet of a public way nor within 40 feet of
any other property. Suitable buffer plantings shall be provided to assure maximum
privacy to the residents and also to the occupants of adjoining properties, in
accordance with the requirements for landscaping of the Mansfield Zoning By-Law.
20. Each housing unit shall be designed and used exclusively as a single housekeeping unit
with cooking, living and sanitary facilities; and each housing unit shall contain not
more than two sleeping rooms. There shall be no additional boarding or lodging within
any housing unit.
21. The site may contain accessory buildings or structures for maintenance and
recreational facilities incidental to the exclusive use by the residents of the facility.
ARTICLE 41 - Page 6
22. In no case shall accessory building or structure be located between a principal
structure and a public way.
23. The facility shall comply with the provisions set forth in 42 USC 3601 et seq.
24. For the purpose of mixed use development: The provision of the Section of the zoning
By-Law may be combined with the provision Section 5.10 "Planned Commercial and
Industrial Development" as it applies to the business 3 Zone Only.
And to see if the Town will amend the Mansfield Zoning By-Law by adding the following
to the Schedule of Principal Use Regulations, Section 3.3 Residential, after Section
3.3.10.:
SCHEDULE OF PRINCIPAL USE REGULATIONS
Residential Business Industrial SPA
Districts Districts Districts
1 2 3 RD 123 1 2 3 A
3.3 Residential
3.3.11 Residential
Facilities for Residents 55
Years or Older N *NN S NNS NNNN Y
Voted favorably on a standing vote count 107 in favor 4 opposed
A TRUE COPY
ATTEST
Helen P. Christian, Town Clerk
TO WHOM IT MAY CONCERN:
This is to certity that the following is a vote taken at the May 17, 1999 session of the April
5, 1999 Annual Town Meeting. Said meeting was held at 7:00 P.M. in 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 authorize the Board of Selectmen to sell its interest, if any,
in a parcel ofland on Cottage Street containing 9,300 sq. ft. shown on Assessor's Map
#24, Lot #287 for no less than its appraised value plus the cost of appraisal, or take any
action in relation thereto.
Petitioned by:
Michael E. and Mary Alice McClanahan, 104 Cottage Street, Mansfield
ARTICLE 43 - Vote
Move the Town vote to authorize the Board of Selectmen to sell its interest, if any, in a
parcel ofland on Cottage Street containing 9,300 sq. ft. shown on Assessor's Map #24,
Lot #287 for no less than its appraised value plus the cost of appraisal.
Voted favorably - Vote passes on Show of hands - 2/3 Vote declared by Moderator
A TRUE COpy
ATTEST
Helen P. Christian, Town Clerk