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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 1 ] : III I Iii I I: