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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