HomeMy WebLinkAboutSpec T.M. 09/09/1996
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
SO West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 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 amend the zoning by-law to the extent necessary to add
the following:
To add a new section to the zoning by-law titled: 5.11 Adult Entertainment
Special Permit to read as follows:
5.11 Adult Entertainment Soecial Permit
5.11.1 Puroose To protect the health, safety, convenience, morals, and general
welfare of the inhabitants of the Town of Mansfield;
To minimize congestion in the streets and prevent blight;
To protect and conserve the value of property within the Town;
To encourage the most appropriate use ofland throughout the Town;
To guide development consistent with the Town's Master Plan; and
To prevent crime and delinquency of children and ensure their strong moral character.
5.11.2
5.11.3
Definitions
Adult Bookstore as defined in paragraph 1.5.3
5.11.4
Adult Movie Theater as defined in paragraph 1. 5.4
5.11.5
Adult Paraphernalia Store as defined in paragraph 1.5.4a
5.11.6
Adult Video Store as defined in paragraph 1. 5.4b
1~ .,
Article 25- Page 2
5.11.6.1
Adult Cabaret as defined in paragraph 1.5. 4c
5.11.7 Aoolicabilitv
5.11.8 The Planning Board shall be the Special Permit granting authority for all
Adult Entertainment Special Permit applications.
5.11.9 The Planning Board may only grant a Special Permit for Adult
Entertainment in the following zoning district(s): Industrial 1
5.11.10 All Adult Entertainment Special Permit applications shall provide all
applications, fees, plans, and information identified in Section 5.5 Special Permits of this
zoning by-law.
5.11.11 Application for a special permit shall be filed by the petitioner with the
Town Clerk and the Planning Board. Notice of public hearing shall be given in accordance
with MGL Chapter 40A, Section 11. Public hearing shall be held within sixty five (65)
days from the date of filing said application. The decision of the Planning Board shall be
made within ninety (90) days of the public hearing. The required time limits for public
hearing and decision may be extended by written agreement between the petitioner and the
Planning Board. A copy of the agreement shall be filled with the Town Clerk.
5.11.12 Soecial Permit Consideration
5.11.13 No special permits shall be issued to any person convicted of violating the
provisions of M.G.L. Chapter 119, Section 63 or M.G.L. Chapter 272, Section 28.
Special permits granted under the provisions of this by-law are non-transferable. All adult
entertainment special permits may be granted for a term not to exceed two years, which
may be automatically renewed, unless complaints are filed based upon violations of the
standards set forth in Section 5.11.16. In the event of complaints, the Planning Board shall
hold a public hearing to hear said complaints before considering renewal of the special
permit.
5.11.14 Special permits granted under this section shall lapse within one year unless
substantial use of the permit is made or construction has commenced.
5.11.15 Any existing adult bookstore, adult motion picture theater, adult
paraphernalia store, adult video store, or adult cabaret shall apply for a special permit
within ninety (90) days following the adoption by Town Meeting of this zoning by-law.
5.11.16 In considering a special permit application, the Planning Board shall take
the following into consideration:
Article 25 - Page 3
a. Impact on the health, safety, convenience, general welfare and amenities of the inhabitants
of the Town;
b. Effects on adjoining premises, neighborhood character, social structure, effect on youth,
and community values and standards;
c. Vehicular and pedestrian traffic convenience, safety, and adequacy, including an
assessment of movement within the site and in relation to adjacent streets, properties, or
improvements;
d. Adequacy of municipal facilities and services, including but not limited to, fire and police
protection, water provision, and wastewater disposal;
e. Effects on the natural environment; and
f. Fiscal impacts, including effect on the tax and employment base, municipal finances, and
property values.
5.11.17 No special permit shall be issued for an Adult Entertainment use(s) unless
the use(s) conforms to the following minimum setback (distance) requirements. 110
Residential Zone
Residential Use
Adult Entertainment Facility
Place of Worship
Public/Private Schools
Day Care Center
Restaurant, Lodge, Club
Town-<>wned Recreation Areas
Town Lines
1,000 feet
1,000 feet
1,000 feet
1,000 feet
1,200 feet
1,200 feet
1,000 feet
1,200 feet
1,000 feet
* All measurements are to and from
5.11.18 No special permit shall be approved until the special permit granting
authority has determined that the application and plans meet all the submission and
technical requirements of this by-law and that the benefits of the proposed project
outweigh its detrimental effects after consideration of all the criteria of Sections 5.5
Special Permits and 5.11 Adult Entertainment Special Permit of this by-law.
And to amend Section 1.5 Definitions to add three new definitions, 1.5.4a, Adult
Paraphernalia Store and 1.5.4b, Adult Video Store, and 1.5.4c, Adult Cabaret to
read as follows:
1.5.4a Adult Paraohernalia Store: An establishment having as a substantial or
significant portion of its stock devices, objects, tools, or toys which are distinguished or
characterized by their association with sexual activity, including sexual conduct or sexual
excitement as defined in section thirty-one of chapter two hundred and seventy-two. For
the purposes hereof, the words "substantial or significant" shall mean more than twenty-
..
Article 25 - Page 4
five percent (25%) of the establishment's inventory of stock or more than twenty-five
percent (25%) of the establishment's gross floor area.
1.5.4b Adult Video Store: An establishment having a substantial or significant
portion of its stock in trade, videos, movies, or other film material which are distinguished
or characterized by their emphasis depicting, describing, or relating to sexual conduct or
sexual excitement as defined in said section thirty-one of said chapter two hundred and
seventy-two. For the purposes hereof, the words substantial or significant" shall mean
more than twenty-five percent (25%) of the establishment's inventory of stock or more
than twenty-five percent (25%) of the establishment's gross floor area.
1.5.4c Adult Cabaret: A nightclub, bar, restaurant, tavern, dance hall, or similar
commercial establishment which regularly features:
a. Persons who appear in a state of nudity; or
b. Live performances which are characterized by an emphasis depicting anatomical
areas or relating to sexual conduct or sexual excitement as defined in Massachusetts
General Laws Chapter 272, Section 31.
And to amend Section 3.1.1 Schedule of Principle Use Regulations 3.5 Business Uses,
by adding three new uses, 3.5.25, Adult Paraphernalia Store, 3.5.26, Adult Video
Store, and 3.5.27, Adult Cabaret, to read as follows:
SCHEDULE OF PRINCIPAL USE REGULATIONS
RESIDENTIAL BUSINESS INDUSTRIAL
DISTRICTS DISTRICTS DISTRICTS
1 2 3 RD 123 1 2 3 A SPA
3.5 Business Uses
3.5.23 Adult Bookstore NNNN NNN SNN NY
3.5.24 Adult Motion
Picture Theater NNNN NNN SNN NY
3.5.25 Adult Paraphernalia
Store NNNN NNN SNN NY
3.5.26 Adult Video Store NNNN NNN S NN NY
3.5.27 Adult Cabaret NNNN NNN SNN NY
Or take any action in relation thereto.
SPONSOR: Planning Board
Article 25 - Page 5
ARTICLE 25 - Vote
Move the Town vote to amend the zoning by-law to the extent necessary to add the
following:
To add a new section to the zoning by-law titled: 5.11 Adult Entertainment
Special Permit to read as follows:
5.11 Adult Entertainment Soecial Permit
5.11.1 Puroose To protect the health, safety, convenience, morals, and general
welfare of the inhabitants of the Town of Mansfield;
To minimize congestion in the streets and prevent blight;
To protect and conserve the value of property within the Town;
To encourage the most appropriate use ofland throughout the Town;
To guide development consistent with the Town's Master Plan; and
To prevent crime and delinquency of children and ensure their strong moral character.
5.11.2
5.11.3
Definitions
Adult Bookstore as defined in paragraph 1.5.3
5.11.4
Adult Movie Theater as defined in paragraph 1.5.4
5.11.5
Adult Paraphernalia Store as defined in paragraph 1.5.4a
5.11.6
Adult Video Store as defined in paragraph 1. 5.4b
5.11.6.1
Adult Cabaret as defined in paragraph 1.5.4c
5.11. 7 Aoolicabilitv
5.11.8 The Planning Board shall be the Special Permit granting authority for all
Adult Entertainment Special Permit applications.
5.11.9 The Planning Board may only grant a Special Permit for Adult
Entertainment in the following zoning district(s): Industrial 1
5.11.10 All Adult Entertainment Special Permit applications shall provide all
applications, fees, plans, and information identified in Section 5.5 Special Permits of this
zoning by-law.
5.11.11 Application for a special permit shall be filed by the petitioner with the
Town Clerk and the Planning Board. Notice of public hearing shall be given in accordance
Article 25 - Page 6
with MGL Chapter 40A, Section 11. Public hearing shall be held within sixty five (65)
days from the date of filing said application. The decision of the Planning Board shall be
made within ninety (90) days of the public hearing. The required time limits for public
hearing and decision may be extended by written agreement between the petitioner and the
Planning Board. A copy of the agreement shall be filled with the Town Clerk.
5.11.12 Soecial Permit Consideration
5.11.13 No special permits shall be issued to any person convicted of violating the
provisions of M.G.L. Chapter 119, Section 63 or M.G.L. Chapter 272, Section 28.
Special permits granted under the provisions of this by-law are non-transferable. All adult
entertainment special permits may be granted for a term not to exceed two years, which
may be automatically renewed, unless complaints are filed based upon violations of the
standards set forth in Section 5.11.16. In the event of complaints, the Planning Board shall
hold a public hearing to hear said complaints before considering renewal of the special
permit.
5.11.14 Special permits granted under this section shall lapse within one year unless
substantial use of the permit is made or construction has commenced.
5.11.15 Any existing adult bookstore, adult motion picture theater, adult
paraphernalia store, adult video store, or adult cabaret shall apply for a special permit
within ninety (90) days following the adoption by Town Meeting of this zoning by-law.
5.11.16 In considering a special permit application, the Planning Board shall take
the following into consideration:
a. Impact on the health, safety, convenience, general welfare and amenities of the inhabitants
of the Town;
b. Effects on adjoining premises, neighborhood character, social structure, effect on youth,
and community values and standards;
c. Vehicular and pedestrian traffic convenience, safety, and adequacy, including an
assessment of movement within the site and in relation to adjacent streets, properties, or
improvements;
d. Adequacy of municipal facilities and services, including but not limited to, fire and police
protection, water provision, and wastewater disposal;
e. Effects on the natural environment; and
f. Fiscal impacts, including effect on the tax and employment base, municipal finances, and
property values.
5.11.17 No special permit shall be issued for an Adult Entertainment use(s) unless
the use( s) conforms to the following minimum setback ( distance) requirements. 110
Article 25 - Page 7
Residential Zone
Residential Use
Adult Entertainment Facility
Place of Worship
Public/Private Schools
Day Care Center
Restaurant, Lodge, Club
Town-<>wned Recreation Areas
Town Lines
1,000 feet
1,000 feet
1,000 feet
1,000 feet
1,200 feet
1,200 feet
1,000 feet
1,200 feet
1,000 feet
* All measurements are to and from parcel limits (lot lines).
5.11.18 No special permit shall be approved until the special permit granting
authority has determined that the application and plans meet all the submission and
technical requirements of this by-law and that the benefits of the proposed project
outweigh its detrimental effects after consideration of all the criteria of Sections 5.5
Special Permits and 5.11 Adult Entertainment Special Permit of this by-law.
And to amend Section 1.5 Definitions to add three new definitions, 1.5.4a, Adult
Paraphernalia Store and 1.5.4b, Adult Video Store, and 1.5.4c, Adult Cabaret to
read as follows:
1.5.4a Adult Paraohernalia Store: An establishment having as a substantial or
significant portion of its stock devices, objects, tools, or toys which are distinguished or
characterized by their association with sexual activity, including sexual conduct or sexual
excitement as defined in section thirty-one of chapter two hundred and seventy-two. For
the purposes hereof, the words "substantial or significant" shall mean more than twenty-
five percent (25%) of the establishment's inventory of stock or more than twenty-five
percent (25%) of the establishment's gross floor area.
1.5.4b Adult Video Store: An establishment having a substantial or significant
portion of its stock in trade, videos, movies, or other film material which are distinguished
or characterized by their emphasis depicting, describing, or relating to sexual conduct or
sexual excitement as defined in said section thirty-one of said chapter two hundred and
seventy-two. For the purposes hereof, the words substantial or significant" shall mean
more than twenty-five percent (25%) of the establishment's inventory of stock or more
than twenty-five percent (25%) of the establishment's gross floor area.
1.5.4c Adult Cabaret: A nightclub, bar, restaurant, tavern, dance hall, or similar
commercial establishment which regularly features:
a. Persons who appear in a state of nudity; or
Article 25 - Page 8
b. Live performances which are characterized by an emphasis depicting anatomical
areas or relating to sexual conduct or sexual excitement as defined in Massachusetts
General Laws Chapter 272, Section 31.
And to amend Section 3.1.1 Schedule of Principle Use Regulations 3.5 Business Uses,
by adding three new uses, 3.5.25, Adult Paraphernalia Store, 3.5.26, Adult Video
Store, and 3.5.27, Adult Cabaret, to read as follows:
SCHEDULE OF PRINCIPAL USE REGULATIONS
RESIDENTIAL BUSINESS INDUSTRIAL
DISTRICTS DISTRICTS DISTRICTS
1 2 3 RD 123 1 2 3 A SPA
3.5 Business Uses
3.5.23 Adult Bookstore NNNN NNN S NN NY
3.5.24 Adult Motion
Picture Theater NNNN NNN S NN NY
3.5.25 Adult Paraphernalia
Store NNNN NNN S NN NY
3.5.26 Adult Video Store NNNN NNN SNN NY
3.5.27 Adult Cabaret NNNN NNN SNN NY
Voted favorably on a standing vote count 102 in favor 1 opposed
A TRUE COpy
ATTEST:
Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK.
SO West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 P.M. in the Mansfield High School Auditorium,
East Street, Mansfield, Massachusetts. There was a quorum present and voting.
ARTICLE 1
To see if the Town will vote to appropriate from available funds the sum of $3,694.21 to
pay unpaid prior years bills.
Vendor Department Amount
Health Resources Town Manager $434.00
Murphy, Hesse, Toomey & Lehane Town Manager 450.00
Mansfield Police Department Selectmen 184.71
Fasprint Fire Department 41.00
Allen Precision Equipment, Inc. Engineering 265.00
True Data Products, Inc. Police 1,670.00
Reliable Lock & Alarm Police 73.00
A-M-I Municipal Supply Police 76.50
Beta Emtineerin2, Inc. En2ineerin2 ., 500.00
Or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 1 - Vote
Move the Town vote to appropriate from available funds the sum of $3,694.21 to pay
unpaid prior years bills as f011ows:
Article 1 - page 2
Vendor Deoartment Amount
Health Resources Town Manager $434.00
Murphy, Hesse, Toomey & Lehane Town Manager 450.00
Mansfield Police Department Selectmen 184.71
Fasprint Fire Department 41.00
Allen Precision Equipment, Inc. Engineering 265.00
True Data Products, Inc. Police 1,670.00
Reliable Lock & Alarm Police 73.00
A-M-I Municipal Supply Police 76.50
Beta EnJrineeriDJ~, Inc. EnJrineerin~ 500.00
Vote declared unanimously in favor by Moderator - Show of hands
A TRUE COpy
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
SO West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 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 to transfer from the Finance Department FY1997 Operating
Budget authorized by Article 3 of the April 1, 1996 session of the Annual Town Meeting,
the sum of $158,696 into the Assessors budget, the sum of $99,451 to the Town
Accountant's budget, and the sum of $439,039 to the Data/Finance Department budget
(formerly the budgets of Treasurer/Collector, DPW Office, and Data Processing) as
shown below:
FISCAL YEAR 1997
PERSONAL SERVICES
Management
Supervisory
Clerical
Longevity
Sub Total
Town Datal Finance
Assessors Accountant Finance Department
Budget Budget Budget Budget
$18,530 $49,000 $74,600 $142,130
37,240 0 97,044 134,284
39,961 28,442 174,705 243,108
975 484 3,575 5,034
$96,706 $77,926 $349,924 $524,556
OTHER EXPENSES
Equipment/Repairs
Professional/Technical Services
Assessment Services
Appraisal/Defense Fee
Accounting Audit
Legal Services
$100 $125 $15,650 $15,875
900 2,400 37,000 40,300
15,400 0 0 15,400
35,000 0 0 35,000
0 16,000 0 16,000
0 0 20,000 20,000
Article 2 - Page 2
FISCAL YEAR 1997
Specialized Services
Office Supplies
Building Equipment Supplies
Operating Supplies
Staff Recruitment & Development
Professional Development
Sub Total
CAPITAL OUTLAY
Office Equipment
Total Budget
Or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 2 -Vote
Assessors
Budget
1,000
900
3,000
o
o
o
$56,300
$5,690
$158,696
Town
Accountant
Budget
o
1,400
o
o
o
1,600
$21,525
$0
$99,451
Datal
Finance
Budget
o
1,600
1,000
12,000
700
1, 100
$89,115
$0
$439,039
Finance
Department
Budget
1,000
3,900
4,000
12,000
700
2,700
$166,940
$5,690
$697,186
Move the Town vote to transfer from the Finance Department FY1997 Operating Budget,
authorized by Article 3 of the April 1, 1996 session of the Annual Town Meeting, the sum
of $158,696 into the Assessors budget, the sum of $99,451 to the Town Accountant's
budget, and the sum of $439,039 to the Data/Finance Department budget (formerly the
budgets of Treasurer/Collector, DPW Office, and Data Processing) as shown below:
FISCAL YEAR 1997
Management
PERSONAL SERVICES
Clerical
Longevity
Sub Total
OTHER EXPENSES
Equipment/Repairs
Professional/T echnical Services
Assessment Services
AppraisallDefense Fee
~
Assessors
Budget
$18,530
37,240
39,961
975
$96,706
$100
900
15,400
35,000
Town
Accountan
t Budget
$49,000
o
28,442
484
$77,926
$125
2,400
o
o
Datal
Finance
Budget
$74,600
97,044
174,705
3,575
$349,924
$15,650
37,000
o
o
Finance
Department
Budget
$142,130
134,284
243,108
5,034
$524,556
$15,875
40,300
15,400
35,000
Article 2 - Page 3
FISCAL YEAR 1997 Town Datal Finance
Assessors Accountan Finance Department
Budget t Budget Budget Budget
Accounting Audit 0 16,000 0 16,000
Legal Services 0 0 20,000 20,000
Advertising 0 0 65 65
Specialized Services 1,000 0 0 1,000
Office Supplies 900 1,400 1,600 3,900
Building Equipment Supplies 3,000 0 1,000 4,000
Operating Supplies 0 0 12,000 12,000
Staff Recruitment & Development 0 0 700 700
Professional Development 0 1,600 1,100 2,700
Sub Total $56,300 $21,525 $89,115 $166,940
CAPITAL OUTLAY
Office Equipment $5,690 $0 $0 $5,690
Total Budget $158,696 $99,451 $439,039 $697,186
Vote favorably - Majority vote - Show of hands
A TRUE COpy
ATTEST:
Judith F. Scott, Town Clerk
,w
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK.
50 West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certifY that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 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 appropriate and transfer the sum of $70,500 from the
proceeds of the sale of the former West Mansfield Fire Station to the Plymouth Street Fire
Station capital project, and appropriate and transfer from available funds the sum of
$10,202 to the Plymouth Street Fire Station capital project, or take any action in relation
thereto.
SPONSOR: Board of Selectmen
ARTICLE 3 - Vote
Move the Town vote to appropriate and transfer the sum of $70,500 frc;>m the proceeds of
the sale of the former West Mansfield Fire Station to the Plymouth Street Fire Station
capital project, and appropriate and transfer from available funds the sum of $10,202 to
the Plymouth Street Fire Station capital project.
Vote favorably - Majority vote - Show of hands
Reconsideration failed
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
-
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK.
SO West Street
Mansfield. Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 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 appropriate and transfer from available funds the sum of
$200,000 from the proceeds of the sale of the Paine School for the Police Headquarters
municipal capital project, and to appropriate and transfer from free cash the sum of
$325,000 to the Police Headquarters municipal project, or take any action in relation
thereto.
SPONSOR: Board of Selectmen
ARTICLE 4 - Vote
Move the Town vote to appropriate and transfer from available funds the sum of $200,000
from the proceeds of the sale of the Paine School for the Police Headquarters municipal
capital project, and to appropriate and transfer from free cash the sum of $325,000 to the
Police Headquarters municipal project.
Vote favorably - Majority vote - Show of hands
Reconsideration failed
A TRUE COpy
ATTEST:
Judith F. Scott, Town Clerk
1~
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK.
SO West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 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 appropriate and transfer from the water capital account the
sum of$18,088.29 into the KOH Corrosion Control Facility account, or take any action in
relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 5 - Vote
Move the Town vote to appropriate and transfer from the water capital account the sum
of$18,088.29 into the KOH Corrosion Control Facility account.
Vote favorably - Majority vote - Show of hands
A TRUE COpy
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
SO West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 P.M. in the Mansfield High School Auditorium,
East Street, Mansfield, Massachusetts. There was a quorum present and voting.
ARTICLE 6
To see if the Town will vote to appropriate and transfer from the water capital account the
sum of $100,000 to Water Department Expense for the purpose of well rehabilitation and
cleaning, pump overhaul, and conducting ordinary repairs to the following wells: Albertini
#4, Witch Pond #6, Dustin #7, Prescott #8, and Prescott #9, or take any action in relation
thereto.
ARTICLE 6 - Vote
Move the Town vote to appropriate and transfer from the water capital account the sum
of $100,000 to Water Department Expense for the purpose of well rehabilitation and
cleaning, pump overhaul, and conducting ordinary repairs to the following wells: Albertini
#4, Witch Pond #6, Dustin #7, Prescott #8, and Prescott #9.
Vote favorably - Majority vote - Show of hands
A TRUE COpy
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK.
50 West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 P.M. in the Mansfield High School Auditorium,
East Street, Mansfield, Massachusetts. There was a quorum present and voting.
ARTICLE 8
To see if the Town will vote to appropriate and transfer from the water capital account the
sum of $95,000 to a water expense account in order to pursue new source approval with
the Commonwealth of Massachusetts Department of Environmental Protection for a new
water supply at the Witch Pond site in Mansfield.
Or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 8 - Vote
Move the Town vote to appropriate and transfer from the water capital account the sum
of $95,000 to a water expense account in order to pursue new source approval with the
Commonwealth of Massachusetts Department of Environmental Protection for a new
water supply at the Witch Pond site in Mansfield.
Vote favorably - Majority vote - Show of hands
A TRUE COpy
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 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 appropriate and transfer from free cash the sum of $64,500
to the FY1997 municipal budget reserve fund account.
Or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 7 - Vote
Move the Town vote to appropriate and transfer from free cash the sum of $64,500 to the
FY1997 municipal budget reserve fund account.
Vote favorably - Majority vote - Show of hands
A TRUE COpy
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 P.M. in the Mansfield High School Auditorium,
East Street, Mansfield, Massachusetts. There was a quorum present and voting.
ARTICLE 10
To see ifthe Town will vote to appropriate and transfer from free cash the sum of $50,000
to the Fire Department Expense for the repair of Ladder 1, or take any action in relation
thereto.
SPONSOR: Board of Selectmen
ARTICLE 10 - Vote
Move the Town vote to appropriate and transfer from free cash the sum of $50,000 to the
Fire Department Expense for the repair of Ladder 1.
Vote favorably - Majority vote - Show of hands
A TRUE COpy
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
SO West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 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 transfer the sum of $2,781.55 from the Ambulance
Revolving Account to pay prior years charges, or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 11 - Vote
Move the Town vote to transfer the sum of $2,781.55 from the Ambulance Revolving
Account to pay prior years charges to Comstar of Ipswich.
Vote declared unanimously in favor by Moderator - Show of hands
A TRUE COpy
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 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 appropriate and transfer from free cash the sum of $6,000
to the small sewer extension account for the design and bidding of approximately 2,700
feet of new sewer for Tremont Street, or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 12 - Vote
Move the Town vote to appropriate and transfer from free cash the sum of $6,000 to the
small sewer extension account for the design and bidding of approximately 2,700 feet of
new sewer for Tremont Street.
Vote favorably - Majority vote - Show of hands
A TRUE COpy
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 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 appropriate and transfer from free cash the sum of $30,000
to Capital Account Number 30-3330 for replacement of approximately 500 feet of existing
sewer line on Branch Street, or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 13 - Vote
Move the Town vote to appropriate and transfer from free cash the sum of $30,000 to
Capital Account Number 30-3330 for replacement of approximately 500 feet of existing
sewer line on Branch Street.
Vote favorably - Majority vote - Show of hands
A TRUE COpy
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
SO West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 P.M. in the Mansfield High School Auditorium,
East Street, Mansfield, Massachusetts. There was a quorum present and voting.
ARTICLE 14
To see ifthe Town will vote to appropriate and transfer from free cash the sum of $4,000
to the FY1997 Police Department Expenses and $2,000 to the FY1997 Fire Department
Expense for a maintenance agreement for public safety computer software, or take any
action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 14 - Vote
Move the Town vote to appropriate and transfer from free cash the sum of $4,000 to the
FY1997 Police Department Expenses, and appropriate and transfer from free cash the sum
of $2,000 to the FY1997 Fire Department Expense for a maintenance agreement for
public safety computer software.
Vote favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
SO West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 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 borrow or expend from available funds, in anticipation of
reimbursement, the sum of $843,598 as the State's share of the cost of work under
Chapter 90, Section 34 (2a) of the General Laws being funded by Chapter 113 of The
Acts of 1996 road improvement funds; And to see if the Town will vote to borrow or
expend from available funds, in anticipation of reimbursement, the sum of $70,303 as the
State's share of the cost of work under Chapter 90, Section 34 (2a) of the General Laws,
being funded by Chapter 204 of The Acts of 1996; Or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 16 - Vote
Move the Town vote to borrow or transfer from available funds the sum of $843,598 in
anticipation of State reimbursement funds authorized by Chapter 113 of The Acts of 1996;
And that the Town borrow or transfer from available funds the sum of $70,303 in
anticipation of State reimbursement funds authorized by Chapter 204 of The Acts of 1996;
And to appropriate and expend both said amounts for road improvements under General
Laws Chapter 90, Section 34 (2a).
Vote declared unanimously in favor by Moderator - show of hands
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
SO West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 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 appropriate and transfer from free cash the sum of$16,000
for the Plymouth Street Recreation Facility fields improvements:
a. $8,000 to seed new fields #3 and #4 and install sod at the baseball infield;
b. $8,000 to install a back stop at the baseball field;
Or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 17 - Vote
Move the Town vote to appropriate and transfer from free cash the sum of $16,000 for
the Plymouth Street Recreation Facility fields improvements to be used as follows:
. $8,000 to seed new fields #3 and #4 and install sod at the baseball infield; and
. $8,000 to install a back stop at the baseball field.
Vote favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
.~
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
SO West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 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 appropriate and transfer from free cash the sum of $9,500
to Fire Expense to remove underground fuel tanks at the old Fales Fuel Company, 11
Shawmut Avenue, or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 18 - Vote
Move the Town vote to appropriate and transfer from free cash the sum of $9,500 to Fire
Expense to remove underground fuel tanks at the old Fales Fuel Company, 11 Shawmut
Avenue.
Vote favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
SO West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certifY that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 P.M. in the Mansfield High School Auditorium,
East Street, Mansfield, Massachusetts. There was a quorum present and voting.
ARTICLE 19
To see if the Town will vote to raise and appropriate or transfer from available funds the
sum of $190,355 to increase the School Department's Fiscal Year 1997 General Fund
Operating Budget, as approved under Article 5 of the April 1, 1996 Annual Town
Meeting, from $18,175,000 to $18,365,000, or take any action in relation-thereto.
SPONSOR: School Committee
ARTICLE 19 - Vote
Move the Town vote to appropriate and transfer from revenues anticipated from the
Department of Education's Reserve Account, the sum of $190,355 to increase the School
Department's Fiscal Year 1997 General Fund Operating Budget.
Vote declared unanimously in favor by Moderator - Show of hands
Reconsideration failed
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
SO West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 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 allow the Board of Selectmen to use the remaining balance
of the developer's surety, up to $268,368.09, to complete the unfinished improvements in
Phase Two of Massapoag Estates as shown on a plan dated February 12, 1986, revised
June 9, 1986 and July 29, 1986, by RIM Engineer, or take any action in relation thereto.
SPONSOR: Planning Board
ARTICLE 20 - Vote
Move the Town vote to allow the Board of Selectmen to use the remaining balance of the
developer's surety, up to $268,368.09, to complete the unfinished improvements in Phase
Two of Massapoag Estates as shown on a plan dated February 12, 1986" revised June 9,
1986 and July 29, 1986, by RIM Engineer.
Vote favorably - Majority vote - Show of hands
A TRUE COPY
ATTEST:
Judith F. Scott, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 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 amend the zoning by-law to the extent necessary to add
the following:
To add a new section to the zoning by-law titled: 5.11 Adult Entertainment
Special Permit to read as follows:
5.11 Adult Entertainment Soecial Permit
5.11.1 Puroose To protect the health, safety, convenience, morals, and general
welfare of the inhabitants of the Town of Mansfield;
To minimize congestion in the streets and prevent blight;
To protect and conserve the value of property within the Town;
To encourage the most appropriate use ofland throughout the Town;
To guide development consistent with the Town's Master Plan; and
To prevent crime and delinquency of children and ensure their strong moral character.
5.11.2
5.11.3
Definitions
Adult Bookstore as defined in paragraph 1.5.3
5.11.4
Adult Movie Theater as defined in paragraph 1.5.4
5.11.5
Adult Paraphernalia Store as defined in paragraph 1.5. 4a
5.11.6
Adult Video Store as defined in paragraph 1.5. 4b
1~ ,..
Article 25- Page 2
5.11.6.1
Adult Cabaret as defined in paragraph 1.5.4c
5.11.7 Aoolicability
5.11.8 The Planning Board shall be the Special Permit granting authority for all
Adult Entertainment Special Permit applications.
5.11.9 The Planning Board may only grant a Special Permit for Adult
Entertainment in the following zoning district(s): Industrial 1
5.11.10 All Adult Entertainment Special Permit applications shall provide all
applications, fees, plans, and information identified in Section 5.5 Special Permits of this
zoning by-law.
5.11.11 Application for a special permit shall be filed by the petitioner with the
Town Clerk and the Planning Board. Notice of public hearing shall be given in accordance
with MGL Chapter 40A, Section 11. Public hearing shall be held within sixty five (65)
days from the date of filing said application. The decision of the Planning Board shall be
made within ninety (90) days of the public hearing. The required time limits for public
hearing and decision may be extended by written agreement between the petitioner and the
Planning Board. A copy of the agreement shall be filled with the Town Clerk.
5.11.12 Soecial Permit Consideration
5.11.13 No special permits shall be issued to any person convicted of violating the
provisions of M.G.L. Chapter 119, Section 63 or M.G.L. Chapter 272, Section 28.
Special permits granted under the provisions of this by-law are non-transferable. All adult
entertainment special permits may be granted for a term not to exceed two years, which
may be automatically renewed, unless complaints are filed based upon violations of the
standards set forth in Section 5. II. 16. In the event of complaints, the Planning Board shall
hold a public hearing to hear said complaints before considering renewal of the special
permit.
5.11.14 Special permits granted under this section shall lapse within one year unless
substantial use of the permit is made or construction has commenced.
5.11.15 Any existing adult bookstore, adult motion picture theater, adult
paraphernalia store, adult video store, or adult cabaret shall apply for a special permit
within ninety (90) days following the adoption by Town Meeting of this zoning by-law.
5.11.16 In considering a special permit application, the Planning Board shall take
the following into consideration:
fl
Article 25 - Page 3
a. Impact on the health, safety, convenience, general welfare and amenities of the inhabitants
of the Town;
b. Effects on adjoining premises, neighborhood character, social structure, effect on youth,
and community values and standards;
c. Vehicular and pedestrian traffic convenience, safety, and adequacy, including an
assessment of movement within the site and in relation to adjacent streets, properties, or
improvements;
d. Adequacy of municipal facilities and services, including but not limited to, fire and police
protection, water provision, and wastewater disposal;
e. Effects on the natural environment; and
f. Fiscal impacts, including effect on the tax and employment base, municipal finances, and
property values.
5.11.17 No special permit shall be issued for an Adult Entertainment use(s) unless
the usee s) conforms to the following minimum setback ( distance) requirements. III
Residential Zone
Residential Use
Adult Entertainment Facility
Place of Worship
PubliclPrivate Schools
Day Care Center
Restaurant, Lodge, Club
Town-Owned Recreation Areas
Town Lines
1,000 feet
1,000 feet
1,000 feet
1,000 feet
1,200 feet
1,200 feet
1,000 feet
1,200 feet
1,000 feet
* All measurements are to and from parcel limits (lot lines).
5.11.18 No special permit shall be approved until the special permit granting
authority has determined that the application and plans meet all the submission and
technical requirements of this by-law and that the benefits of the proposed project
outweigh its detrimental effects after consideration of all the criteria of Sections 5.5
Special Permits and 5.11 Adult Entertainment Special Permit of this by-law.
And to amend Section 1.5 Definitions to add three new definitions, 1.5.4a, Adult
Paraphernalia Store and 1.5.4b, Adult Video Store, and 1.5.4c, Adult Cabaret to
read as follows:
1.5.4a Adult paraohernalia Store: An establishment having as a substantial or
significant portion of its stock devices, objects, tools, or toys which are distinguished or
characterized by their association with sexual activity, including sexual conduct or sexual
excitement as defined in section thirty-one of chapter two hundred and seventy-two. For
the purposes hereof, the words "substantial or significant" shall mean more than twenty-
r
Article 25 - Page 4
five percent (25%) of the establishment's inventory of stock or more than twenty-five
percent (25%) of the establishment's gross floor area.
1.5.4b Adult Video Store: An establishment having a substantial or significant
portion of its stock in trade, videos, movies, or other film material which are distinguished
or characterized by their emphasis depicting, describing, or relating to sexual conduct or
sexual excitement as defined in said section thirty-one of said chapter two hundred and
seventy-two. For the purposes hereof, the words substantial or significant" shall mean
more than twenty-five percent (25%) of the establishment's inventory of stock or more
than twenty-five percent (25%) of the establishment's gross floor area.
1.5.4c Adult Cabaret: A nightclub, bar, restaurant, tavern, dance hall, or similar
commercial establishment which regularly features:
a. Persons who appear in a state of nudity; or
b. Live performances which are characterized by an emphasis depicting anatomical
areas or relating to sexual conduct or sexual excitement as defined in Massachusetts
General Laws Chapter 272, Section 31.
And to amend Section 3.1.1 Schedule of Principle Use Regulations 3.5 Business Uses,
by adding three new uses, 3.5.25, Adult Paraphernalia Store, 3.5.26, Adult Video
Store, and 3.5.27, Adult Cabaret, to read as follows:
SCHEDULE OF PRINCIPAL USE REGULATIONS
RESIDENTIAL BUSINESS INDUSTRIAL
DISTRICTS DISTRICTS DISTRICTS
123RD 123 1 2 3 A SPA
3.5 Business Uses
3.5.23 Adult Bookstore NNNN NNN S NN NY
3.5.24 Adult Motion
Picture Theater NNNN NNN SNN NY
3.5.25 Adult Paraphernalia
Store NNNN NNN S NN NY
3.5.26 Adult Video Store NNNN NNN S NN NY
3.5.27 Adult Cabaret NNNN NNN SNN NY
Or take any action in relation thereto.
SPONSOR: Planning Board
Article 25 - Page 5
ARTICLE 25 - Vote
Move the Town vote to amend the zoning by-law to the extent necessary to add the
following:
To add a new section to the zoning by-law titled: 5.11 Adult Entertainment
Special Permit to read as follows:
5.11 Adult Entertainment Soecial Permit
5.11.1 Puroose To protect the health, safety, convenience, morals, and general
welfare of the inhabitants of the Town of Mansfield;
To minimize congestion in the streets and prevent blight;
To protect and conserve the value of property within the T own~
To encourage the most appropriate use of land throughout the Town;
To guide development consistent with the Town's Master Plan; and
To prevent crime and delinquency of children and ensure their strong moral character.
5.11.2
5.11.3
Definitions
Adult Bookstore as defined in paragraph 1.5.3
5.11.4
Adult Movie Theater as defined in paragraph 1.5.4
5.11.5
Adult Paraphernalia Store as defined in paragraph 1.5. 4a
5.11.6
Adult Video Store as defined in paragraph 1.5. 4b
5.11.6.1
Adult Cabaret as defined in paragraph 1. 5.4c
5.11. 7 Aoolicabilitv
5.11.8 The Planning Board shall be the Special Permit granting authority for all
Adult Entertainment Special Permit applications.
5.11.9 The Planning Board may only grant a Special Permit for Adult
Entertainment in the following zoning district(s): Industrial 1
5.11.10 All Adult Entertainment Special Permit applications shall provide all
applications, fees, plans, and information identified in Section 5.5 Special Permits of this
zoning by-law.
5.11.11 Application for a special permit shall be filed by the petitioner with the
Town Clerk and the Planning Board. Notice of public hearing shall be given in accordance
Article 25 - Page 6
with MGL Chapter 40A, Section 11. Public hearing shall be held within sixty five (65)
days from the date of filing said application. The decision of the Planning Board shall be
made within ninety (90) days of the public hearing. The required time limits for public
hearing and decision may be extended by written agreement between the petitioner and the
Planning Board. A copy of the agreement shall be filled with the Town Clerk.
5.11.12 Soecial Permit Consideration
5.11.13 No special permits shall be issued to any person convicted of violating the
provIsIons of M.G.L. Chapter 119, Section 63 or M.G.L. Chapter 272, Section 28.
Special permits granted under the provisions of this by-law are non-transferable. All adult
entertainment special permits may be granted for a term not to exceed two years, which
may be automatically renewed, unless complaints are filed based upon violations of the
standards set forth in Section 5.11.16. In the event of complaints, the Planning Board shall
hold a public hearing to hear said complaints before considering renewal of the special
permit.
5.11.14 Special permits granted under this section shall lapse within one year unless
substantial use of the permit is made or construction has commenced.
5.11.15 Any existing adult bookstore, adult motion picture theater, adult
paraphernalia store, adult video store, or adult cabaret shall apply for a special permit
within ninety (90) days following the adoption by Town Meeting of this zoning by-law.
5.11.16 In considering a special permit application, the Planning Board shall take
the following into consideration:
a. Impact on the health, safety, convenience, general welfare and amenities of the inhabitants
of the Town;
b. Effects on adjoining premises, neighborhood character, social structure, effect on youth,
and community values and standards;
c. Vehicular and pedestrian traffic convenience, safety, and adequacy, including an
assessment of movement within the site and in relation to adjacent streets, properties, or
improvements;
d. Adequacy of municipal facilities and services, including but not limited to, fire and police
protection, water provision, and wastewater disposal;
e. Effects on the natural environment; and
f. Fiscal impacts, including effect on the tax and employment base, municipal finances, and
property values.
5.11.17 No special permit shall be issued for an Adult Entertainment use( s) unless
the use(s) conforms to the following minimum setback (distance) requirements. III
Article 25 - Page 7
Residential Zone
Residential Use
Adult Entertainment Facility
Place of Worship
Public/Private Schools
Day Care Center
Restaurant, Lodge, Club
Town-<>wned Recreation Areas
Town Lines
1,000 feet
1,000 feet
1,000 feet
1,000 feet
1,200 feet
1,200 feet
1,000 feet
1,200 feet
1,000 feet
* All measurements are to and from oarcellimits (lot lines).
5.11.18 No special permit shall be approved until the special permit granting
authority has determined that the application and plans meet all the submission and
technical requirements of this by-law and that the benefits of the proposed project
outweigh its detrimental effects after consideration of all the criteria of Sections 5.5
Special Permits and 5.11 Adult Entertainment Special Permit of this by-law.
And to amend Section 1.5 Definitions to add three new definitions, 1.5.4a, Adult
Paraphernalia Store and 1.5.4b, Adult Video Store, and 1.5.4c, Adult Cabaret to
read as follows:
1.5.4a Adult Paraohernalia Store: An establishment having as a substantial or
significant portion of its stock devices, objects, tools, or toys which are distinguished or
characterized by their association with sexual activity, including sexual conduct or sexual
excitement as defined in section thirty-one of chapter two hundred and seventy-two. For
the purposes hereof, the words "substantial or significant" shall mean more than twenty-
five percent (25%) of the establishment's inventory of stock or more than twenty-five
percent (25%) of the establishment's gross floor area.
1.5.4b Adult Video Store: An establishment having a substantial or significant
portion of its stock in trade, videos, movies, or other film material which are distinguished
or characterized by their emphasis depicting, describing, or relating to sexual conduct or
sexual excitement as defined in said section thirty-one of said chapter two hundred and
seventy-two. For the purposes hereof, the words substantial or significant" shall mean
more than twenty-five percent (25%) of the establishment's inventory of stock or more
than twenty-five percent (25%) of the establishment's gross floor area.
1.5.4c Adult Cabaret: A nightclub, bar, restaurant, tavern, dance hall, or similar
commercial establishment which regularly features:
a. Persons who appear in a state of nudity; or
H
Article 25 - Page 8
b. Live performances which are characterized by an emphasis depicting anatomical
areas or relating to sexual conduct or sexual excitement as defined in Massachusetts
General Laws Chapter 272, Section 31.
And to amend Section 3.1.1 Schedule of Principle Use Regulations 3.5 Business Uses,
by adding three new uses, 3.5.25, Adult Paraphernalia Store, 3.5.26, Adult Video
Store, and 3.5.27, Adult Cabaret, to read as follows:
SCHEDULE OF PRINCIPAL USE REGULATIONS
RESIDENTIAL BUSINESS INDUSTRIAL
DISTRICTS DISTRICTS DISTRICTS
123 RD 123 1 2 3 A SPA
3.5 Business Uses
3.5.23 Adult Bookstore NNNN NNN SNN NY
3.5.24 Adult Motion
Picture Theater NNNN NNN SNNNY
3.5.25 Adult Paraphernalia
Store NNNN NNN SNN NY
3.5.26 Adult Video Store NNNN NNN SNN NY
3.5.27 Adult Cabaret NNNN NNN SNN NY
Voted favorably on a standing vote count 102 in favor I opposed
A TRUE COpy
ATTEST:
Town Clerk
H _
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261-7345
September 24, 1996
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 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 vote to accept Oakland Street 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 a public way. Said roadway has variable
width and starts at the intersection with North Main Street and continues northerly for a
length of approximately 5,610 feet to the Foxborough Town line.
Or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 27 - Vote
Move the Town vote to accept Oakland Street 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 a public way. Said roadway has variable width and
starts at the intersection with North Main Street and continues northerly for a length of
approximately 5,610 feet to the Foxborough Town line.
Vote declared unanimously in favor by Moderator - Show of hands
A TRUE COpy
ATTEST:
Judith F. Scott, Town Clerk
11
III I Iii I
II
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certifY that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 P.M. in the Mansfield High School Auditorium,
East Street, Mansfield, Massachusetts. There was a quorum present and voting.
ARTICLE 28
To see if the Town will vote to accept Park Street 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 a public way. Said roadway has variable
width and starts at the easterly side of North Main Street and continues easterly for a
length of approximately 2,340 feet to the westerly side of East Street.
Or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 28 -Vote
Move the Town vote to accept Park Street 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 a public way. Said roadway has Variable width and
starts at the easterly side of North Main Street and continues easterly for a length of
approximately 2,340 feet to the westerly side of East Street.
Vote declared unanimously in favor by Moderator _ Show of hands
A TRUE COpy
ATTEST:
Judith F. Scott, Town Clerk
1r II'
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certifY that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 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 accept Reservoir Street 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 a public way. Said roadway has variable
width and starts at the easterly side of South Main Street and continu~s easterly for a
length of approximately 2,260 feet to the Norton Town line.
Or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 29 -Vote
Move the Town vote to accept Reservoir Street 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 a public way. Said roadway has variable
width and starts at the easterly side of South Main Street and continues easterly. for a
length of approximately 2,260 feet to the Norton Town line.
Vote declared unanimously in favor by Moderator - Show of hands
A TRUE COpy
ATTEST:
Judith F. Scott, Town Clerk
.~ -
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF MANSFIELD
September 24, 1996
OFFICE OF TOWN CLERK
50 West Street
Mansfield, Massachusetts 02048
(508) 261-7345
TO WHOM IT MAY CONCERN:
This is to certify that the following is a vote taken at the September 9, 1996 Special Town
Meeting. Said meeting was held at 7:30 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 Spring Street 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 a public way. Said roadway has variable
width and starts at the westerly side of South Main Street and continues westerly for a
length of approximately 3,240 feet to the easterly side of School Street.
Or take any action in relation thereto.
SPONSOR: Board of Selectmen
ARTICLE 30 - Vote
Move the Town vote to accept Spring Street 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 a public way. Said roadway has variable width and
starts at the westerly side of South Main Street and continues westerly for a length of
approximately 3,240 feet to the easterly side of School Street.
Vote declared unanimously in favor by Moderator - Show of hands
A TRUE COpy
ATTEST:
Judith F. Scott, Town Clerk
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