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Home My WebLink AboutAnnual T.M. 04/25/1994 TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the April 25, 1994 session of the April 4, 1994 Annual 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 that the income from the sale of electricity to private consumers or for electricity supplied to municipal buildings or for municipal power and street lights, together with receipts from jobbing accounts, be appropriated for the Municipal Electric Department, the whole or any part to be expended by the Manager of the Municipal Electric Department un- der the direction and control of the Board of Selectmen, for ex- penses of the Department for FY1995, or take any action in rela- tion thereto. SPONSOR: Board of Selectmen ARTICLE 2 - Vote Move the Town vote that the income from the sale of electricity to private consumers or for electricity supplied to municipal buildings or for municipal power and street lights, together with receipts from jobbing accounts, be appropriated for the Municipal Electric Department, the whole or any part to be expended by the Manager of the Municipal Electric Department under the direction and control of the Board of Selectmen, for expenses of the Department for FY1995. Voted favorably - Majority vote - Show of hands A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the April 26, 1994 session of the April 4, 1994 Annual 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 raise and appropriate or transfer from available funds such sums of money as may be necessary to defray the expenses of the Town departments, as further described in a document entitled "Town of Mansfield Municipal Budget 1994- 95" for the ensuing 12-month period beginning July 1, 1994, and to transfer funds from the following accounts: Wetlands Protection Act Ambulance Fees Abatements/Exemptions Pension Reserves Free Cash State Aid to Libraries Water Operations Wastewater operations Electric Department Capital Improvements fund $ 3,500 90,000 o o 300,000 13,362 247,345 289,473 491,557 250,000 $1,685,237 or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 3 - Vote Move the Town vote to appropriate $16,982,425 to defray the ex- penses of the Town departments, as further described in a docu- ment entited "Town of Mansfield Municipal Budget 1994-1995" for the ensuing 12 - month peroid beginning July 1, 1994, as follows: Page 2 - Article 3 Raise from Taxation $15,547,188 Transfer from Available Funds 1,435,237 Wetlands Protection Act Ambulance Fees Abatements/Exemptions Pension Reserves Free Cash state Aid to Libraries Water operations Wastewater Operations Electric Department 3,500 90,000 o o 300,000 13,362 247,345 289,473 491,557 $ 1,435,237 TOWN OF MANSFIELD MUNICIPAL BUDGET General Government Selectmen Personal Services Other Expenses Capital Outlay Department Total 1 62,525 1 62,527 Town Manager Personal Services Other Expenses Capital Outlay Department Total 141,769 34,900 700 177,369 Town Accountant Personal Services Other Expenses Capital Outlay Department Total 76,567 20,025 o 96,592 Assessors Personal Services Other Expenses Capital Outlay Department Total 86,352 56,271 o 142,623 Treasurer/Collector Personal Services Other Expenses capital Outlay Department Total 167,360 79,450 o 246,810 Page 3 - Article 3 Town Clerk Personal Services other Expenses Department Total 79,235 27.000 106,235 Data Processing Personal Services other Expenses Capital Outlay Department Total 3,120 61,500 o 64,620 Buildings Operations Personal Services Other Expenses Capital Outlay Department Total 10,234 166,370 5.000 181,604 Boards & Committees Personal Services Other Expenses Capital Outlay Department Total 2,500 6,025 280 8,805 GENERAL GOVERNMENT TOTAL 1,087,185 PUBLIC SAFETY Police Personal Services Other Expenses capital Outlay Department Total 1,498,905 121,450 80.000 1,700,355 Fire Personal Services Other Expenses Capital Outlay Department Total Emergency Medical Service Personal Services Other Expenses Capital Outlay Department Total 1,248,697 126,210 32.906 1,407,813 6,240 75,394 8.000 89,634 Page 4 - Article 3 civil Defense Personal Services other Expenses capital Outlay Department Total Building Inspections Personal Services Other Expenses Capital Outlay Department Total 1,200 16,610 1. 400 19,210 190,954 8,020 o 198,974 PUBLIC SAFETY TOTAL 3,415,986 PUBLIC WORKS Highway Personal Services Other Expenses Capital Outlay Department Total 412,028 307,471 o 719,499 winter Maintenance Personal Services Other Expenses Department Total 74,360 113.780 188,140 Motor Pool Personal Services Other Expenses Capital Outlay Department Total Refuse Disposal Personal Services Other Expenses Department Total 75,013 12,455 3.500 90,968 9,568 686.700 696,268 Engineering Personal Services Other Expenses Capital Outlay Department Total 59,673 5,610 2.500 67,783 Page 5 - Article 3 Water operations Personal Services other Expenses Capital Outlay Debt-Principal/Debt-Interest Internal Services Department Total 444,709 423,750 48,000 299,436 247.345 1,463,240 Wastewater Operations Personal Services Other Expenses Capital outlay Internal Services Department Total 527,338 536,803 28,450 289.473 1,382,064 PUBLIC WORKS TOTAL 4,607,962 COMMUNITY DEVELOPMENT Planning Office Personal Services Other Expenses Capital Outlay Department Total 76,225 2,030 1. 500 79,755 Conservation Office Personal Services Other Expenses Capital Outlay Department Total Zoning Board of Appeals Personal Services Other Expenses Department Total 44,855 2,000 2.000 48,855 5,000 400 5,400 Health Department Personal Services Other Expenses Capital Outlay Department Total 54,918 25,656 o 80,574 COMMUNITY DEVELOPMENT TOTAL 214,584 Page 6 - Article 3 HUMAN RESOURCES Parks & Recreation Personal Services other Expenses Capital Outlay Department Total 101,004 37,050 2.000 140,054 Right To Know Personal Services other Expenses Department Total 3,000 400 3,400 senior citizens service Personal Services other Expenses Department Total 116,839 46.382 163,221 Veterans Services Personal Services other Expenses Department Total Library Personal Services Other Expenses Department Total 26,455 45.550 72,005 209,123 122.950 332,073 HUMAN RESOURCES TOTAL 710,753 RESERVE FUND 100,000 REVALUATION RESERVE 18,000 INSURANCE, BENEFITS, & DEBT Employees Benefits Insurance Debt Principle Debt Interest Total 3,420,329 507,710 1,305,000 1. 594.916 6,827,955 TOTAL MUNICIPAL BUDGET 16,982,425 Voted favorably - Majority vote - Show of hands Reconsideration failed A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the April 26, 1994 session of the April 4, 1994 Annual 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 raise and appropriate or transfer from available funds a sum of money as necessary to defray the expenses of the Mansfield Public School System for the ensuing 12-month period beginning July 1, 1994, as follows: Total operating Budget Resident Trade School Tuition $15,992,519 40,000 TOTAL EDUCATION BUDGET $16,032,519 or take any action in relation thereto. SPONSOR: Mansfield School Committee ARTICLE 5 - Vote Move the Town vote to raise and appropriate a sum of money as necessary to defray the expenses of the Mansfield Public School System for the ensuing 12-month period beginning July 1, 1994, as follows: Total Operating Budget Resident Trade School Tuition $14,945,973 o TOTAL EDUCATION BUDGET $14,945,973 Voted favorably - Majority vote - Show of hands Reconsideration failed A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the April 26, 1994 session of the April 4, 1994 Annual 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 authorize the Mansfield School Committee to establish and maintain a TRANSPORTATION REVOLVING ACCOUNT of an amount not to exceed $120,000, under the provisions of Chapter 275 of the Acts of 1990, for the purpose of defraying the cost of regular school transportation, or take any action in relation thereto. SPONSOR: Mansfield School Committee ARTICLE 7 - Vote Move the Town vote to authorize the Mansfield School Committee to establish and maintain a TRANSPORTATION REVOLVING ACCOUNT as provided under the provisions of Chapter 44, Section 53E1/2, for the purpose of defraying the cost of providing transportation services over and above those required under State law by the receipt of fees paid for such services to be expended by the school committee not in excess of an amount of $120,000. Voted favorably - Majority vote - Show of hands Reconsideration failed A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the April 26, 1994 session of the April 4, 1994 Annual 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 authorize the Mansfield School Committee to establish and maintain a TUITION REVOLVING ACCOUNT under the provisions of Chapter 275 of the Acts of 1990, of an amount not to exceed $50,000, for the purpose of defraying the cost of reimbursable or fee based regular school programs, or take any action in relation thereto. SPONSOR: Mansfield School Committee ARTICLE 8 - Vote Move the Town vote to authorize the Mansfield School Committee to establish and maintain a TUITION REVOLVING ACCOUNT as provided under the provisions of Chapter 44, Section 53E1/2, for the pur- pose of defraying the cost of reimbursable or fee based school programs by the receipt of tuitions paid for such services to be expended by the school committee not in excess of an amount of $40,000. Voted favorably - Majority vote - Show of hands Reconsideration failed A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the April 26, 1994 session of the April 4, 1994 Annual 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 9 To see if the Town will vote to authorize the Mansfield School Committee to establish and maintain a SPECIAL EDUCATION REVOLVING ACCOUNT under the provisions of Chapter 275 of the Acts of 1990, of an amount not to exceed $100,000, for the purpose of defraying the cost of reimbursable or fee based special education services or programs, or take any action in relation thereto. SPONSOR: Mansfield School Committee ARTICLE 9 - Vote Move the Town vote to authorize the Mansfield School Committee to establish a SPECIAL EDUCATION REVOLVING ACCOUNT as provided under the provisions of Chapter 44, Section 53E1/2, for the purpose of defraying the cost of reimbursable or fee based special education programs by the receipt of fees paid for such services to be ex- pended by the school committee not in excess of an amount of $20,000. Voted favorably - Majority vote - Show of hands Reconsideration failed A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the April 26, 1994 session of the April 4, 1994 Annual 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 raise and appropriate or transfer from available funds such sums of money as may be necessary to defray the expenses of the Southeastern Regional School District for the ensuing 12-month period beginning July 1, 1994, or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 13 - Vote Move the Town vote to raise and appropriate the sum of $73,627 to defray the expenses of the Southeastern Regional School Dis- trict for the ensuing 12-month period beginning July 1, 1994. Voted favorably - Majority vote - Show of hands Reconsideration failed A TRUE COpy ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the April 26, 1994 session of the April 4, 1994 Annual 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 authorize the Board of Selectmen to enter into a contract with Info Line for a three-year purchase of service agreement at a cost of $5,000 annually, and transfer from available funds subject to compliance with the provisions of Massachusetts General Law, section 30B and all applicable laws, or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 16 - Vote Move the Town vote to authorize the Board of Selectmen to enter into a contract with Info Line for a three-year purchase of serv- ice agreement. Voted favorably - Majority vote - Show of hands Reconsideration failed A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the April 26, 1994 session of the April 4, 1994 Annual 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 raise and appropriate, borrow, or transfer from available funds a sum of money for various Capital Improvements Projects for Education, or take any action in rela- tion thereto. SPONSOR: Capital Improvements Committee ARTICLE 17 - Vote Move the Town vote to raise and appropriate the sum of $27,500 for Americans with Disabilities Act and $65,000 for improvements at various Mansfield Public Schools and to repair the auditorium wall at Mansfield High School. Voted favorably - Majority vote - Show of hands Reconsideration failed A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the April 26, 1994 session of the April 4, 1994 Annual 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 raise and appropriate, borrow, or transfer from available funds a sum of money for various Capital Improvements Projects for Public Safety: POlice, Fire, and Emer- gency Management, or take any action in relation thereto. SPONSOR: Capital Improvements Committee ARTICLE 18 - Vote Move the Town vote to raise an appropriate the sum of $42,747 for various public safety projects to include $12,500 for Police Department portable radios, $18,000 for Police Department Mobile Data Terminals, and $12,247 for Emergency Management Agency radio equipment. Voted favorably - Majority vote - Show of hands Reconsideration failed A TRUE COPY ATTEST: Judith F. Scott, Town Clerk - - TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the April 26, 1994 session of the April 4, 1994 Annual 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, borrow, or transfer from available funds a sum of money for various Capital Improvements Projects for Water, or take any action in relation thereto. SPONSOR: capital Improvements Committee ARTICLE 19 - Vote Move the Town vote to borrow the sum of $1,465,000 for develop- ment of the Ash Property well field and transfer $105,000 from Water Capital and raise and appropriate $20,00 for Koh Conversion at the Prescott Wells. Voted favorably - 211 in favor - 4 opposed - standing Vote Count Reconsideration failed A TRUE COpy ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the April 26, 1994 session of the April 4, 1994 Annual 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 21 To see if the Town will vote to raise and appropriate, borrow, or transfer from available funds a sum of money for various Capital Improvements Projects for Department of Public Works: Engineer- ing Department Road Improvements, or take any action in relation thereto. SPONSOR: Capital Improvements Committee ARTICLE 21 - Vote Move the Town vote to transfer the sum of $250,000 from capital Expenditure Fund for various road resurfacing rebuilding projects. Vote declared unanimously in favor by Moderator - Show of hands Reconsideration failed A TRUE COpy ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the April 26, 1994 session of the April 4, 1994 Annual 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 raise and appropriate or transfer from available funds the sum of $12,500 for a Household Hazardous Waste Collection, or take any action in relation thereto. SPONSOR: Board of Health ARTICLE 25 - Vote Move the Town vote to raise and appropriate the sum of $12,500 for a Household Hazardous Waste Collection. Voted favorably - Majority vote - Show of hands Reconsideration failed A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the April 26, 1994 session of the April 4, 1994 Annual 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 26 To see if the Town will vote to accept Massachusetts General Laws section 4 of Chapter 73 of the Acts of 1986 as amended by Chapter 126 of the Acts of 1988 which allows an additional real estate tax exemption of fifty percent (50%) on Clauses 17D, 22, 22A, 22B, 22C, 22D, 22E, 37A, 41C of section 5 of Chapter 59 of the General Laws, or take any action in relation thereto. SPONSOR: Board of Assessors ARTICLE 26 - Vote Move the Town vote to accept MGL section 4 of Chapter 73 of the Acts of 1986 as amended by Chapter 126 of the Acts of 1988 which allows an additional real estate tax exemption of fifty percent (50%) on Clauses 17D, 22 22A, 22B, 22C, 22D, 22E, 37A, 41C of section 5 of Chapter 59 of the General Laws. Voted favorably - Majority vote - Show of hands Reconsideration failed A TRUE COPY TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the April 26, 1994 session of the April 4, 1994 Annual 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 amend the General By-Laws, Chap- ter 5, Streets and Sidewalks, to add a section VIII to read as follows: SECTION VIII No Person shall discharge water from a sump pump or other source into any street, way, land, or sidewalk which could cause safety concerns due to icing or dangerous driving conditions or cause damage to the Town's property, or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 29 - Vote Move the Town vote to amend the General By-Laws, Chapter 5, Streets and Sidewalks, to add a section VIII to read as follows: SECTION VIII No Person shall discharge water from a sump pump or other mechanical* source into any street, way, land, or sidewalk which could cause safety concerns due to icing or dangerous driving conditions or cause damage to the Town's property. * Amended - Majority vote - Show of hands Voted favorably as amended - Majority vote - Show of hands A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the April 26, 1994 session of the April 4, 1994 Annual 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 amend section 3.1 General Provi- sions, Paragraph 3.2.4 of the Mansfield Zoning By-Law, by adding a third sentence, to read: 3.2.4 Recreation: Golf course, riding stable, playground and play fields, swimming, tennis and similar non-municipal recreation facilities. In addition, temporary outdoor recreational events such as festivals or fairground type events may be permitted. A riding stable located upon five (5) or more acres of land is exempt from provisions of this by-law. and to see if the Town will vote to amend Section 3.4, sif ication of Governmental , Institutional and Public Paragraph 3.4.2, in part, to read: 3.4.2 Clas- Uses, Educational: Use of land, buildings and structures for providing learning in a general range of subjects on land owned or leased by the Commonwealth or any of its agencies, subdivisions of bodies politic, or by a non- profit educational entity. Such use may include ath- letic facilities, dormitories, administrative offices and similar facilities and activities whose purpose is substantially related to furthering learning. and to see if the Town will vote to amend section 5.4 Floodplain District, Paragraph 5.4.3, by amending the third sentence, to read: 5.4.2 " dated April 1, 1977, and as may be amended from time to time by vote of Town Meeting. - ..,. Page 2 - Article 30 and to see if the Town will vote to amend section 5.4 Floodplain District, Paragraph 5.4.5, by deleting the last sentence, to read: 5.4.5 Amend by deleting the last line "If the structure is not located in a 100-year flood zone as identified by FIRM, and the building official has information in- dicating that the structure would be flooded during a 100-year flood event, then the requirements of this section shall apply, or take any action in relation thereto. SPONSOR: Planning Board ARTICLE 30 - Vote Move the Town vote to amend Section 3.1 General provisions, Paragraph 3.2.4 of the Mansfield Zoning By-Law, by adding a third sentence, to read: 3.2.4 Recreation: Golf course, riding stable, playground and play fields, swimming, tennis and similar non-municipal recreation facilities. In addition, temporary outdoor recreational events such as festivals or fairground type events may be permitted. A riding stable located upon five (5) or more acres of land is exempt from provisions of this by-law. Move the Town vote to amend section 3.4, Classification of Governmental, Institutional and Public Uses, Paragraph 3.4.2, in part, to read: 3.4.2 Educational: Use of land, buildings and structures for providing learning in a general range of subjects on land owned or leased by the Commonwealth or any of its agencies, subdivisions of bodies politic, or by a non- profit educational entity. Such use may include ath- letic facilities, dormitories, administrative offices and similar facilities and activities whose purpose is substantially related to furthering learning. Move the Town vote to amend section 5.4 Floodplain District, Paragraph 5.4.3, by amending the third sentence, to read: 5.4.2 " dated April 1, 1977, and as may be amended from time to time by vote of Town Meeting. Page 3 - Article 30 Move the Town vote to amend section 5.4 Floodplain District, Paragraph 5.4.5, by deleting the last sentence, to read: Amend by deleting the last line "If the structure is not located in a 100-year flood zone as identified by FIRM, and the building official has information in- dicating that the structure would be flooded during a 100-year flood event, then the requirements of this section shall apply. Vote declared unanimously in favor by Moderator - Show of hands 5.4.5 Reconsideration failed A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the April 26, 1994 session of the April 4, 1994 Annual 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 31 To see if the Town will vote to amend section 5.5 Special Per- mits, Paragraphs 5.5.6 through 5.5.6.4 of the Mansfield zoning By-Law in their entirety and replace with the following: 5.5.6 No special permit shall be approved until the desig- nated special permit granting authority has determined that the application and plans meet the submission and technical requirements of this by-law and that the benefits of the proposed project outweigh its detrimen- tal effects, after consideration of the following criteria: and to see if the Town will vote to amend section 5.5 special Permits, Paragraph 5.5.6.1, in part, to read: 5.5.6.1 Impact on the health, safety, convenience, general wel- fare and amenities of the inhabitants of the Town: and to see if the Town will vote to amend section 5.5 special permits, Paragraph 5.5.6.2, in part to read: 5.5.6.2 Effects on adjoining premises, neighborhood character, and social structure; and to see if the Town will vote to amend section 5.5 special Permits, Paragraph 5.5.6.3, in part, to read: 5.5.6.3 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; Page 2 - Article 31 and to see if the Town will vote to amend section 5.5 Special Permits, paragraph 5.5.6.4, in part, to read: 5.5.6.4 Adequacy of municipal facilities and services, includ- ing but not limited to, fire and police protection, water provision, and wastewater disposal; and to see if the Town will vote to amend section 5.5 Special Permits, by adding the following Paragraph 5.5.6.5, to read: 5.5.6.5 Effects on the natural environment; and and to see if the Town will vote to amend section 5.5 Special Permits, by adding the following Paragraph 5.5.6.6 to read: 5.5.6.6 Fiscal impacts, including effect on the tax and employ- ment base, municipal finances, and property values, or take any action in relation thereto. SPONSOR: Planning Board ARTICLE 31 - Vote Move the Town vote to amend section 5.5 Special Permits, Paragraphs 5.5.6 through 5.5.6.4 of the Mansfield Zoning By-Law in their entirety and replace with the following: 5.5.6 No special permit shall be approved until the desig- nated special permit granting authority has determined that the application and plans meet the submission and technical requirements of this by-law and that the benefits of the proposed project outweigh its detrimen- tal effects, after consideration of the following criteria: Move the Town vote to amend section 5.5 Special Permits, Paragraph 5.5.6.1, in part, to read: 5.5.6.1 Impact on the health, safety, convenience, general wel- fare and amenities of the inhabitants of the Town: Move the Town vote to amend section 5.5 Special permits, Paragraph 5.5.6.2, in part to read: 5.5.6.2 Effects on adjoining premises, neighborhood character, and social structure; ~ Page 3 - Article 31 Move the Town vote to amend section 5.5 Special Permits, Paragraph 5.5.6.3, in part, to read: 5.5.6.3 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; Move the Town vote to amend section 5.5 Special Permits, Paragraph 5.5.6.4, in part, to read: 5.5.6.4 Adequacy of municipal facilities and services, includ- ing but not limited to, fire and police protection, water provision, and wastewater disposal; Move the Town vote to amend section 5.5 Special Permits, by ad- ding the following Paragraph 5.5.6.5, to read: 5.5.6.5 Effects on the natural environment; and Move the Town vote to amend section 5.5 Special Permits, by ad- ding the following Paragraph 5.5.6.6 to read: 5.5.6.6 Fiscal impacts, including effect on the tax and employ- ment base, municipal finances, and property values. Vote declared unanimously in favor by Moderator - Show of hands Reconsideration failed A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the April 26, 1994 session of the April 4, 1994 Annual 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 32 To see if the Town will vote to amend Section 6.2 Board of Ap- peals, Paragraph 6.2.2 B, of the Mansfield Zoning By-Law, in part, to read: 6.2.2. Special Permits. To grant a special permit for an ex- tension as provided in this by-law when it has been determined that the application and plans meet the sub- mission and technical requirements of this By-Law and that the benefits of the proposed project outweigh its detrimental effects, after consideration of all ap- propriate criteria. and to see if the Town will vote to amend Section 6.2 Board of Appeals, Paragraph 6.2.2 C, in part, to read: 6.2.2 Variances. To authorize upon appeal, or upon petition, a variance from the terms of this By-Law where, owing to conditions especially affecting such parcel or such building but not affecting generally the zoning dis- trict in which it is located, a literal enforcement of the provisions of this By-Law would substantial hardship to the appellant, and where desirable relief may be granted without substantial detriment to the pUblic good and without nullifying or substantially derogating from the intent or purpose of this By-Law, but not otherwise, or take any action in relation thereto. SPONSOR: Planning Board Page 2 - Article 32 ARTICLE 32 - Vote Move the Town vote to amend Section 6.2 Board of Appeals, Paragraph 6.2.2 B, of the Mansfield Zoning By-Law, in part, to read: 6.2.2. Special Permits. To grant a special permit for an ex- tension as provided in this by-law when it has been determined that the application and plans meet the sub- mission and technical requirements of this By-Law and that the benefits of the proposed project outweigh its detrimental effects, after consideration of all ap- propriate criteria. Move the Town vote to amend Section 6.2 Board of Appeals, Paragraph 6.2.2 C, in part, to read: 6.2.2 Variances. To authorize upon appeal, or upon petition, a variance from the terms of this By-Law where, owing to conditions relating to the soil conditions, shape or topography of such land or buildings especially affect- ing such parcel or such building but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this By-Law would cause substantial hardship to the appellant, and where desirable relief may be granted without substan- tial detriment to the public good and without nullify- ing or substantially derogating from the intent or pur- pose of this By-Law, but not otherwise. Vote declared unanimously in favor by Moderator - Show of hands Reconsideration failed A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the April 26, 1994 session of the April 4, 1994 Annual 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 33 To see if the Town will vote to amend section 3.1.1 Schedule of Principal Use Regulations, Paragraph 3.2.5 of the Mansfield Zoning By-Law, by replacing it with the following, to read: 3.2.5 Earth Removal: Amend from a Special Permit use in the R-1, R-2, R-3 and RD to a prohibited use in all residential districts and the Reservoir District. and to see if the Town will vote to amend Section 3.1.1 Schedule of Principal Use Regulations, Paragraph 3.4.6, by replacing it with the following, to read: 3.4.6 Hospital, Nursing Home: Amend from a Special Permit use to a prohibited use in R-1, R-2 zones. and to see if the Town will vote to amend Section 3.1.1 Schedule of Principal Use Regulations, Paragraph 3.5.10, by replacing it with the following, to read: 3.5.10 Veterinary Clinic/Animal Hospital: Amend from a Spe- cial Permit use to a prohibited use in R-1, R-2 and R-3 zones. and to see if the Town will vote to amend section 3.5, Clas- sification of Uses, Paragraph 3.5.21, by replacing the existing paragraph with the following, to read: 3.5.21 Home Occupation: As permitted by special permit, shall be a use which is conducted solely by the inhabitants of the building and carried on strictly within the principal building. The occupation shall be situated in Page 2 - Article 33 the same dwelling used by the person as his private residence. Any such home occupation shall not be detrimental or objectionable to the residential charac- ter of the neighborhood, including but not limited to the altering of the exterior appearance of said build- ing, increasing vehicular traffic, cause the emission of odor, gas or smoke, cause glaring or un shaded lights, excessive dust, noise or cause electrical dis- turbances, including interference with the reception of television transmissions. An accepted off-street park- ing plan shall be provided where additional vehicles will be attributed to the home occupation. The find- ings generally required for special permit under Sec- tion 5.5.6 shall not be required for a special permit to conduct a home occupation. and to see if the Town will vote to amend Section 3.1.1 Schedule of Principal Use Regulations, Paragraph 3.3.4, by replacing it with the following, to read: 3.3.4 Rooming House: Amend from a use by right in the B-2 zone to a Special Permit use. and to see if the Town will vote to amend Section 3.3.5 Schedule of Principal Use Regulations, Paragraph 3.3.5, by replacing it with the following, to read: 3.3.5 MUltiple Residence: Amend from a use by right in the B-2 and 1-3 zones to a Special Permit use, or take any action in relation thereto. SPONSOR: Planning Board ARTICLE 33 - Vote Move the Town vote to amend Section 3.1.1 Schedule of Principal Use Regulations, Paragraph 3.2.5 of the Mansfield Zoning By-Law, by replacing it with the following, to read: 3.2.5 Earth Removal: Amend from a Special Permit use in the R-1, R-2, R-3 and RD to a prohibited use in all residential districts and the Reservoir District. Move the Town vote to amend Section 3.1.1 Schedule of principal Use Regulations, Paragraph 3.4.6, by replacing it with the fol- lowing, to read: Page 3 - Article 33 3.4.6 Hospital, Nursing Home: Amend from a Special Permit use to a prohibited use in R-1, R-2 zones. Move the Town vote to amend Section 3.1.1 Schedule of Principal Use Regulations, Paragraph 3.5.10, by replacing it with the fol- lowing, to read: 3.5.10 Veterinary Clinic/Animal Hospital: Amend from a Spe- cial Permit use to a prohibited use in R-1, R-2 and R-3 zones. Move the Town vote to amend Section 3.1.1 Schedule of Principal Use Regulations, Paragraph 3.3.4, by replacing it with the fol- lowing, to read: 3.3.4 Rooming House: Amend from a use by right in the B-2 zone to a Special Permit use. Move the Town vote to amend Section 3.3.5 Schedule of Principal Use Regulations, Paragraph 3.3.5, by replacing it with the fol- lowing, to read: 3.3.5 Multiple Residence: Amend from a use by right in the B-2 and 1-3 zones to a Special Permit use. An amendment to delete reference to paragraph 3.5.21 Home Occup- tion was passed on a standing vote count - 94 in favor 66 opposed The main motion passed as amended on a standing vote count 125 in favor - 10 opposed Reconsideration failed A TRUE COPY ATTEST: Judith F. Scott, Town Clerk - TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the May 2, 1994 session of the April 4, 1994 Annual 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 34 To see if the Town will vote to amend section section 4.3 Screen- ing and Buffers of the Mansfield Zoning By-Law, by deleting it in its entirety and replacing it with the following, to read: 4.3 Landscaping and Screening 4.3.1 General Purpose and Intent The requirement and standards set forth herein are intended to achieve specific performance objectives, as described below, to enhance the visual quality of the Town's commercial areas, to en- courage the creation and protection of open space, to avoid ex- pansi ve development of impervious surfaces, to protect and preserve the Town's ecological balance and to ensure that landscaping is an integral part of development. 4.3.2 Objectives In order to accomplish the General Purpose and Intent of these regulations specific objectives shall be accomplished by landscape plans, which shall include the following: A. Buffer strips at the front of lots shall contribute to the creation of tree-lined roadways and shall create a strong impression of separation between the street and the developed area of the site without necessarily eliminating visual contact between them. Page 2 - Article 34 B. Buffer strips adjoining or facing residential uses or residential zoning districts shall provide the strongest possible visual barrier between uses at pedestrian level and create a strong impression of spatial separation. c. Landscaping within parking areas shall provide visual and climatic relief from broad expanses of pavement and shall be designed to define logical areas for pedestrian and vehicular circulation and to channel such movement on and off the site. D. All required landscaping shall be located entirely within the bounds of the parcel. E. To the greatest feasible extent, existing healthy, mature vegetation shall be retained in place or transplanted and reused on site. F. It is the intent of this section to count all buffer and landscape area toward the open space requirement for the un- derlying zone. G. The owner(s) and/or developer(s) of any lot shall be respon- sible for the maintenance of all landscaped open space and buffers. Landscaping shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. 4.3.3 Applicability A. The requirements of this section 4.3 shall apply to any new structure which requires ten (10) or more parking spaces, and to any major alteration, or change of use of an existing structure which requires the addition of ten (10) or more parking spaces. B. Notwithstanding the above statement, all development in the Business 1 or Business 2 districts shall be exempt from these requirements. 4.3.4 Submission and Approval Requirements A. No construction or alteration of a structure subject to the requirements of this section shall take place until a landscape plan and planting schedule prepared by a regis- tered landscape architect has been submitted to the Planning Board and approved by the board for conformity with these regulations. Page 3 - Article 34 B. The applicant shall submit the original and seven (7) blueline prints of a landscape plan conforming to the fol- lowing standards: 1. The landscape plan shall be prepared at a scale of 1"- 40'. 2. The plan shall contain the information required for si te plans in sections 5.5.3.1 through 5.5.3.5 and 5.5.3.8 through 5.5.3.11. 3. The plan shall indicate the limits of work, existing tree lines, and all proposed landscape features and im- provements, including planting areas, wi th size and type of stock for each shrub or tree. c. For uses not otherwise subject to site plan approval or spe- cial permit, the Board shall review a properly submitted and prepared landscape plan at its next scheduled meeting and shall approve the landscape plan and planting schedule as being in conformance with these requirements. D. For uses requiring site plan approval or a special permit, the review of the landscape plan and planting schedule shall be concurrent with other reviews, and granting of site plan approval or a special permit shall include approval of the proposed landscaping as being in conformance with the requirements of this section. 4.3.5 Modification by special Permit A. In the event an applicant desires to deviate from the specific standards for landscaping and screening set forth in this section, the Planning Board may approve alternative plans through the granting of a special permit. B. The findings generally required for special permits under section 5.5.6 of this by-law shall not be required for a special permit to modify landscaping and screening stan- dards; however, no such special permit shall be granted un- less the Planning Board finds that the proposed landscaping arrangement meets the general purpose, intent and objectives of this section and in addition makes one of the following findings: 1. The alternative landscaping arrangement proposed by the applicant is clearly preferable for the site and sur- roundings than one strictly conforming to the standards of this section. Page 4 - Article 34 2. It is impractical to provide the specified depth of landscaped area due to the size, shape or other charac- teristics of the parcel beyond the control of the ap- plicant, and the alternative arrangement proposed by the applicant provides equivalent benefits to the site and surrounding areas. 4.3.6 Landscaped Buffer strips A. General Standards 1. A landscaped buffer strip shall be provided separating all buildings, parking areas, vehicular circulation facilities, or similar improvements from the right-of-way line of any public street, or any private way which is ad- judged by the Planning Board to perform an equivalent func- tion. 2. Landscaped buffer strips shall also be provided along the side and rear lot lines wherever a commercial or in- dustrial zone abuts a residential zone. No main building, accessory building, parking area, storage area, driveway, railway or roadway shall be permitted within these buffers. Driveway access shall be permitted through the lot front only. 3. Plantings in landscaped buffer strips shall be arranged to provide maximum protection to adjacent properties and to avoid damage to existing plant material. 4. The landscaped buffer strip shall include the required planting as set forth herein, and shall be continuous except for required vehicular access points and pedestrian circula- tion facilities. All required landscaping amenities shall be located within the bounds of the parcel. Signs shall be designed to be integrated into the landscaping. B. Specific Standards 1. Depth a. Landscaped buffer strips along a public way shall be one-third (1/3) of the distance between the street right- of-way and any building line, but shall not be less than fifteen (15) feet in depth, and need not be greater than fifty (50) feet in depth. Page 5 - Article 34 b. Landscaped buffer strips abutting or across a street from a residential district shall be a minimum of fifteen (15) feet in depth in commercial districts, and a minimum of fifty (50) feet in depth in industrial districts. 2. composition The buffer strip shall consist of a combination of deciduous and/or evergreen trees and lower-level elements, which may include shrubs, hedges, grass, ground cover, fences, planted berms, brick or stone walls. Not more than twenty-five per- cent (25%) of the coverage of the landscaped area shall be mulch or non-living material. 3. Density of Plantings a. At least one (1) tree shall be provided per twenty- seven (27) linear feet of street frontage or portion thereof. There shall be a minimum of three (3) trees in the entire buffer strip. Trees may be evenly spaced or grouped. Groups of trees shall be spaced no further apart than fifty (50) feet. b. At least four (4) shrubs shall be provided per one hundred (100) square feet of landscaped area in the buffer strip. 4. Opaque Screens For developments adjoining or facing residential districts or residential uses, or when necessary for public safety or to prevent adverse impacts on neighboring properties, a buffer strip shall contain opaque screens as described herein. An opaque screen may be comprised of walls, fences, berms or evergreen planting, or any combination thereof, providing that the Planning Board may require evergreen trees or shrubs instead of fences when deemed appropriate. Opaque screens shall be opaque in all seasons of the year. a. within a side or rear yard, the screen shall be opaque from the ground to a height of at least six (6) feet when planted or installed. At the street line, the screen shall be opaque from the ground to a height of at least three (3) feet when installed. b. Walls or fences exceeding four and one-half (4 1/2) feet in height shall have plantings on the side facing the residential district. Page 6 - Article 34 c. Evergreen trees or shrubs shall be spaced not more than five (5) feet on center. 5 . Berms When berms are used to meet the requirements for a buffer strip they shall be planted with living vegetation. The minimum top width of a berm shall be three (3) feet, and the maximum side slope shall be 3:1. No more than twenty-five percent (25%) of the coverage of a planted berm shall be mulch or non-living material. 4.3.7 Intersection Sight Distance Restrictions Landscaped buffers and screening shall not restrict sight dis- tances at intersections or driveway entrances. site distance requirements, location and specification of site zones shall be determined by reference to the current edition of the Common- wealth of Massachusetts Department of Public Works Highway Design Manual, or any successor publication. No fence or other struc- ture may be erected, and no vegetation may be maintained, between a plane two and one-half (2 1/2) feet above curb level and a plane seven (7) feet above intersecting roadway levels within the zone required for sight distance, subject however to actual road- way profiles of the intersecting streets and/or driveways. 4.3.8 Landscaping Within Off-Street Parking Areas A. Use of Landscaped Islands as Buffers Parking areas shall be broken into sections not to exceed one hundred forty (140) cars per section. sections shall be separated by landscaped buffers to provide visual relief. At a mini- mum, the buffers shall consist of islands which shall be a combination of "divider islands" and "terminal islands." B. Standards for Landscaped Islands 1. General: Each landscaped island shall have a minimum area of one hundred fifty (150) square feet and shall con- sist of pervious landscaping. Curbing, at least five (5) inches in height, shall surround each landscaped island as protection from vehicles. No tree shall be planted less than four (4) feet from the curbing. 2. Divider Islands: The following additional design stan- dards shall apply to divider islands: a. At least one (1) landscaped divider island shall be provided for every four (4) parallel rows of parking. Page 7 - Article 34 b. Trees shall be spaced not more than twenty-seven (27) feet on center. c. At least one (1) shrub shall be provided for every five (5) linear feet, or one (1) shrub per thirty-five (35) square feet of ground area, whichever results in a greater number of shrubs. 3. Terminal Islands: The following additional design stan- dards apply to terminal islands: a. Terminal islands shall be used either (1) to separate parking spaces from driveways and other vehicular travel lanes, or (2) to break up large numbers of parking spaces in a single row of spaces. b. Landscaped terminal islands shall be provided at the ends of rows of parking where such rows are adj acent to driveways or vehicular travel lanes. In addition, terminal islands shall separate groups of parking spaces in a row, such that no continuous line of adjoining spaces contains more than twenty-five (25) parking spaces. c. Terminal islands shall contain at least two (2) trees when abutting a double row of parking spaces. d. Landscaped terminal islands shall contain evergreen shrubs planted three (3) feet or less on center, in order to prevent damage due to pedestrian traffic. C. Grass or ground cover may be substituted for shrubs in divider islands and terminal islands with the approval of the Planning Board. D. A landscaped island may be up to thirty-three percent (33%) impervious surface, provided that all such area is used for pedestrian walkways and that such walkways are adequately buffered from the parking areas. 4.3.9 Landscaping Adjacent to Buildings Landscaped areas at least ten (10) feet in depth shall be provided adjacent to buildings on every side of such buildings that has a public access point, and shall contain trees and shrubs. 4.3.10 Standards for Plant Materials Page 8 - Article 34 A. All trees, shrubs and hedges must be species that are hardy in Plant Hardiness Zone 5, as defined by the American stan- dards for Nursery stock and shall be resistant to salt spray and urban conditions where appropriate. B. Plantings shall be selected and designed so as not to require high water use for maintenance. C. Deciduous trees must be at least two and one-half (2 1/2) to three (3) inches in caliper, six (6) inches above the top of the root ball, at the time of planting; and must be expected to reach a height of at least twenty (20) feet within ten (10) years, when considering the expected normal growth pat- terns of the species. D. Evergreen trees must be at least six (6) feet in height at the time of planting. E. Ornamental or specimen trees must be at least eight (8) feet in height at the time of planting. F. Shrubs and hedges must be at least three and one-half (3 1/2) feet in height or have a spread of at least twenty-four (24) inches at the time of planting. G. Shade or canopy trees shall be provided within parking lots, and within buffer strips. 4.3.11 Design for Pedestrian Circulation A. Pedestrian Access Through Buffers and Screens Landscaped buffers should, to the greatest extent possible, serve as usable open space, providing an environment for pedestrian ac- cess between uses. Therefore, buffers shall be designed to in- clude appropriate means of pedestrian access and crossing, both along the landscaped area (i.e., in a parallel direction with the property line) and across the buffer (i.e., providing pedestrian access to the site, separate from vehicular access points). Buff- ers and screens shall provide for appropriate hard-surfaced pedestrian access points and walkways where property lines abut existing or planned public streets, whether or not such streets have been constructed. B. Pedestrian Circulation in Parking Facilities Page 9 - Article 34 1. Parking facilities and appurtenant driveways shall be designed so as to gather pedestrians out of vehicle travel lanes and to maximize the safety and convenience of pedestrians walking between parked cars and business entrances as well as between external points and locations on site. 2. Pedestrian walkways shall be (a) integrated, to the ex- tent possible, into the interior and/or perimeter landscap- ing of parking lots; (b) constructed with a paved or similarly firm surface, at least four (4) feet in width; and (c) separated from vehicular and parking areas by grade, curbing and/or vegetation, except for necessary ramps. and to see if the Town will vote to amend Paragraphs 4.4.4.13 and 4.4.4.14 by deleting them in their entirety, or take any action in relation thereto. SPONSOR: Planning Board ARTICLE 34 - Vote Move the Town vote to amend section Section 4.3 Screening and Buffers of the Mansfield Zoning By-Law, by deleting it in its en- tirety and replacing it with the following, to read: 4.3 Landscaping and Screening 4.3.1 General Purpose and Intent The requirement and standards set forth herein are intended to achieve specific performance objectives, as described below, to enhance the visual quality of the Town's commercial areas, to en- courage the creation and protection of open space, to avoid ex- pansi ve development of impervious surfaces, to protect and preserve the Town's ecological balance and to ensure that landscaping is an integral part of development. 4.3.2 Objectives In order to accomplish the General Purpose and Intent of these regulations specific objectives shall be accomplished by landscape plans, which shall include the following: Page 10 - Article 34 A. Buffer strips at the front of lots shall contribute to the creation of tree-lined roadways and shall create a strong impression of separation between the street and the developed area of the site without necessarily eliminating visual contact between them. B. Buffer strips adjoining or facing residential uses or residential zoning districts shall provide the strongest possible visual barrier between uses at pedestrian level and create a strong impression of spatial separation. c. Landscaping within parking areas shall provide visual and climatic relief from broad expanses of pavement and shall be designed to define logical areas for pedestrian and vehicular circulation and to channel such movement on and off the site. D. All required landscaping shall be located entirely within the bounds of the parcel. E. To the greatest feasible extent, existing healthy, mature vegetation shall be retained in place or transplanted and reused on site. F. It is the intent of this section to count all buffer and landscape area toward the open space requirement for the un- derlying zone. G. The owner(s) and/or developer(s) of any lot shall be respon- sible for the maintenance of all landscaped open space and buffers. Landscaping shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. 4.3.3 Applicability A. The requirements of this section 4.3 shall apply to any new structure which requires ten (10) or more parking spaces, and to any major alteration, or change of use of an existing structure which requires the addition of ten (10) or more parking spaces. B. Notwithstanding the above statement, all development in the Business 1 or Business 2 districts shall be exempt from these requirements. 4.3.4 Submission and Approval Requirements Page 11 - Article 34 A. No construction or alteration of a structure subject to the requirements of this section shall take place until a landscape plan and planting schedule prepared by a regis- tered landscape architect has been submitted to the Planning Board and approved by the board for conformity with these regulations. B. The applicant shall submit the original and seven (7) blueline prints of a landscape plan conforming to the fol- lowing standards: 1. The landscape plan shall be prepared at a scale of 1"- 40' . 2. The plan shall contain the information required for si te plans in sections 5.5.3.1 through 5.5.3.5 and 5.5.3.8 through 5.5.3.11. 3. The plan shall indicate the limits of work, existing tree lines, and all proposed landscape features and im- provements, including planting areas, with size and type of stock for each shrub or tree. c. For uses not otherwise subject to site plan approval or spe- cial permit, the Board shall review a properly submitted and prepared landscape plan at its next scheduled meeting and shall approve the landscape plan and planting schedule as being in conformance with these requirements. D. For uses requiring site plan approval or a special permit, the review of the landscape plan and planting schedule shall be concurrent with other reviews, and granting of site plan approval or a special permit shall include approval of the proposed landscaping as being in conformance with the requirements of this section. 4.3.5 Modification by Special Permit A. In the event an applicant desires to deviate from the specific standards for landscaping and screening set forth in this section, the zoning Board of Appeals* may approve alternative plans through the granting of a special permit. B. The findings generally required for special permits under section 5.5.6 of this by-law shall not be required for a special permit to modify landscaping and screening stan- dards; however, no such special permit shall be granted un- less the zoning Board of Appeals* finds that the proposed Page 12 - Article 34 landscaping arrangement meets the general purpose, intent and objectives of this section and in addition makes one of the following findings: 1. The alternative landscaping arrangement proposed by the applicant is clearly preferable for the site and sur- roundings than one strictly conforming to the standards of this section. 2. It is impractical to provide the specified depth of landscaped area due to the size, shape or other charac- teristics of the parcel beyond the control of the ap- plicant, and the alternative arrangement proposed by the applicant provides equivalent benefits to the site and surrounding areas. 4.3.6 Landscaped Buffer strips A. General standards 1. A landscaped buffer strip shall be provided separating all buildings, parking areas, vehicular circulation facilities, or similar improvements from the right-of-way line of any public street, or any private way which is ad- judged by the planning Board to perform an equivalent func- tion. 2. Landscaped buffer strips shall also be provided along the side and rear lot lines wherever a commercial or in- dustrial zone abuts a residential zone. No main building, accessory building, parking area, storage area, driveway, railway or roadway shall be permitted within these buffers. 3. plantings in landscaped buffer strips shall be arranged to provide maximum protection to adjacent properties and to avoid damage to existing plant material. 4. The landscaped buffer strip shall include the required planting as set forth herein, and shall be continuous except for required vehicular access points and pedestrian circula- tion facilities. All required landscaping amenities shall be located within the bounds of the parcel. signs shall be designed to be integrated into the landscaping. Page 13 - Article 34 B. specific standards 1 . Depth a. Landscaped buffer strips along a public way shall be one-third (1/3) of the distance between the street right- of-way and any building line, but shall not be less than fifteen (15) feet in depth, and need not be greater than fifty (50) feet in depth. b. Landscaped buffer strips abutting or across a street from a residential district shall be a minimum of fifteen (15) feet in depth in commercial districts, and a minimum of fifty (50) feet in depth in industrial districts. 2. composition The buffer strip shall consist of a combination of deciduous and/or evergreen trees and lower-level elements, which may include shrubs, hedges, grass, ground cover, fences, planted berms, brick or stone walls. Not more than twenty-five per- cent (25%) of the coverage of the landscaped area shall be mulch or non-living material. 3. Density of Plantings a. At least one (1) tree shall be provided per twenty- seven (27) linear feet of street frontage or portion thereof. There shall be a minimum of three (3) trees in the entire buffer strip. Trees may be evenly spaced or grouped. Groups of trees shall be spaced no further apart than fifty (50) feet. b. At least four (4) shrubs shall be provided per one hundred (100) square feet of landscaped area in the buffer strip. 4. Opaque Screens For developments adjoining or facing residential districts or residential uses, or when necessary for public safety or to prevent adverse impacts on neighboring properties, a buffer strip shall contain opaque screens as described herein. An opaque screen may be comprised of walls, fences, berms or evergreen planting, or any combination thereof, providing that the Planning Board may require evergreen trees or shrubs instead of fences when deemed appropriate. opaque screens shall be opaque in all seasons of the year. Page 14 - Article 34 a. within a side or rear yard, the screen shall be opaque from the ground to a height of at least six (6) feet when planted or installed. At the street line, the screen shall be opaque from the ground to a height of at least three (3) feet when installed. b. Walls or fences exceeding four and one-half (4 1/2) feet in height shall have plantings on the side facing the residential district. c. Evergreen trees or shrubs shall be spaced not more than five (5) feet on center. 5 . Berms When berms are used to meet the requirements for a buffer strip they shall be planted with living vegetation. The minimum top width of a berm shall be three (3) feet, and the maximum side slope shall be 3:1. No more than twenty-five percent (25%) of the coverage of a planted berm shall be mulch or non-living material. 4.3.7 Intersection Sight Distance Restrictions Landscaped buffers and screening shall not restrict sight dis- tances at intersections or driveway entrances. site distance requirements, location and specification of site zones shall be determined by reference to the current edition of the Common- wealth of Massachusetts Department of Public Works Highway Design Manual, or any successor publication. No fence or other struc- ture may be erected, and no vegetation may be maintained, between a plane two and one-half, (2 1/2) feet above curb level and a plane seven (7) feet above intersecting roadway levels within the zone required for sight distance, subject however to actual road- way profiles of the intersecting streets and/or driveways. 4.3.8 Landscaping within Off-street Parking Areas A. Use of Landscaped Islands as Buffers Parking areas shall be broken into sections not to exceed one hundred forty (140) cars per section. sections shall be separated by landscaped buffers to provide visual relief. At a mini- mum, the buffers shall consist of islands which shall be a combination of "divider islands" and "terminal islands." B. standards for Landscaped Islands Page 15 - Article 34 1. General: Each landscaped island shall have a minimum area of one hundred fifty (150) square feet and shall con- sist of pervious landscaping. curbing, at least five (5) inches in height, shall surround each landscaped island as protection from vehicles. No tree shall be planted less than four (4) feet from the curbing. 2. Divider Islands: The following additional design stan- dards shall apply to divider islands: a. At least one (1) landscaped divider island shall be provided for every four (4) parallel rows of parking. b. Trees shall be spaced not more than twenty-seven (27) feet on center. c. At least one (1) shrub shall be provided for every five (5) linear feet, or one (1) shrub per thirty-five (35) square feet of ground area, whichever results in a greater number of shrubs. 3. Terminal Islands: The following additional design stan- dards apply to terminal islands: a. Terminal islands shall be used either (1) to separate parking spaces from driveways and other vehicular travel lanes, or (2) to break up large numbers of parking spaces in a single row of spaces. b. Landscaped terminal islands shall be provided at the ends of rows of parking where such rows are adjacent to driveways or vehicular travel lanes. In addition, terminal islands shall separate groups of parking spaces in a row, such that no continuous line of adjoining spaces contains more than twenty-five (25) parking spaces. c. Terminal islands shall contain at least two (2) trees when abutting a double row of parking spaces. d. Landscaped terminal islands shall contain evergreen shrubs planted three (3) feet or less on center, in order to prevent damage due to pedestrian traffic. c. Grass or ground cover may be substituted for shrubs in divider islands and terminal islands with the approval of the Planning Board. Page 16 - Article 34 D. A landscaped island may be up to thirty-three percent (33%) impervious surface, provided that all such area is used for pedestrian walkways and that such walkways are adequately buffered from the parking areas. 4.3.9 Landscaping Adjacent to Buildings Landscaped areas at least ten provided adjacent to buildings on that has a public access point, shrubs. (10) feet in depth shall be every side of such buildings and shall contain trees and 4.3.10 Standards for Plant Materials A. All trees, shrubs and hedges must be species that are hardy in Plant Hardiness Zone 5, as defined by the American stan- dards for Nursery Stock and shall be resistant to salt spray and urban conditions where appropriate. B. Plantings shall be selected and designed so as not to require high water use for maintenance. C. Deciduous trees must be at least two and one-half (2 1/2) to three (3) inches in caliper, six (6) inches above the top of the root ball, at the time of planting; and must be expected to reach a height of at least twenty (20) feet within ten (10) years, when considering the expected normal growth pat- terns of the species. D. Evergreen trees must be at least six (6) feet in height at the time of planting. E. Ornamental or specimen trees must be at least eight (8) feet in height at the time of planting. F. Shrubs and hedges must be at least three and one-half (3 1/2) feet in height or have a spread of at least twenty-four (24) inches at the time of planting. G. Shade or canopy trees shall be provided within parking lots, and within buffer strips. 4.3.11 Design for Pedestrian Circulation A. Pedestrian Access Through Buffers and Screens Landscaped buffers should, to the greatest extent possible, serve Page 17 - Article 34 as usable open space, providing an environment for pedestrian ac- cess between uses. Therefore, buffers shall be designed to in- clude appropriate means of pedestrian access and crossing, both along the landscaped area (i.e., in a parallel direction with the property line) and across the buffer (i.e., providing pedestrian access to the site, separate from vehicular access points). Buff- ers and screens shall provide for appropriate hard-surfaced pedestrian access points and walkways where property lines abut existing or planned public streets, whether or not such streets have been constructed. B. Pedestrian circulation in Parking Facilities 1. Parking facilities and appurtenant driveways shall be designed so as to gather pedestrians out of vehicle travel lanes and to maximize the safety and convenience of pedestrians walking between parked cars and business entrances as well as between external points and locations on site. 2. Pedestrian walkways shall be (a) integrated, to the ex- tent possible, into the interior and/or perimeter landscap- ing of parking lots; (b) constructed with a paved or similarly firm surface, at least four (4) feet in width; and (c) separated from vehicular and parking areas by grade, curbing and/or vegetation, except for necessary ramps. Move the Town vote to amend Paragraphs 4.4.4.13 and 4.4.4.14 by deleting them in their entirety. * Amended - Majority vote - Show of hands Main motion as amended passed - Vote declared unanimously in favor by Moderator - Show of hands Reconsideration failed A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the May 2, 1994 session of the April 4, 1994 Annual 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 35 To see if the Town will vote to amend section 4.0 Intensity Regulations, Paragraph 4.4.4.9, of the Mansfield zoning By-Law, by deleting it in its entirety and replacing it with the follow- ing, to read: 4.4.4.9 Entrance/Exit Drive widths and Location A. Except for residential uses in residential districts, each lot may have either a) one two-way driveway (for ingress and egress), or b) two one-way driveways (i.e., one for ingress and one for egress) through its lot frontage. B. The minimum distance between an entrance or exit drive at the street (right-of-way) line and the curb line of an intersecting street shall be fifty (50) feet in all districts. C. The maximum width of an entrance or exit drive at the street (right-of-way) line shall be twenty-four (24) feet in a Residen- tial district and thirty (30) feet in any other district. If the driveway is divided to separate entrance and exit movements, the combined width may be increased to fifty (50) feet. D. The Planning Board, acting as the Special Permit Granting Authority, may authorize departures from the above standards as follows: Page 2 - Article 35 1. In Industrial and Business districts, the Board may authorize a greater number of access driveways if it deter- mines that such additional driveways are necessary to provide adequate area for safe vehicular turning movements and circulation. In any case, there shall be no more than one additional access driveway for each one hundred (100) feet of frontage, and all two-way access driveways on a single lot shall be at least one hundred (100) feet apart measured from the centerline of each access driveway. 2. In Industrial and Business districts, the Board may authorize a driveway with a greater width than provided for herein when such width would facilitate traffic flow and safety. 3. The findings generally required for special permits un- der section 5.5.6 of this by-law shall not be required for a special permit to increase the number or width of driveways; however, no such special permit shall be granted unless the Planning Board finds that the proposed design would provide greater traffic safety than a design conforming to the design standards set forth herein, or take any action in relation thereto. SPONSOR: Planning Board ARTICLE 35 - Vote Move the Town vote to amend section 4.0 Intensity Regulations, Paragraph 4.4.4.9, of the Mansfield zoning By-Law, by deleting it in its entirety and replacing it with the following, to read: 4.4.4.9 Entrance/Exit Drive widths and Location A. Except for residential uses in residential districts, each lot may have either a) one two-way driveway (for ingress and egress), or b) two one-way driveways (i.e., one for ingress and one for egress). B. The minimum distance between an entrance or exit drive at the street (right-of-way) line and the curb line of an intersecting street shall be fifty (50) feet in all districts. C. The maximum width of an entrance or exit drive at the street (right-of-way) line shall be twenty-four (24) feet in a Residen- tial district and thirty (30) feet in any other district. If the driveway is divided to separate entrance and exit movements, the combined width may be increased to fifty (50) feet. Page 3 - Article 35 D. The Zoning Board of Appeals,* acting as the special Permit Granting Authority, may authorize departures from the above stan- dards as follows: 1. In Industrial and Business districts, the Board may authorize a greater number of access driveways if it deter- mines that such additional driveways are necessary to provide adequate area for safe vehicular turning movements and circulation. In any case, there shall be no more than one additional access driveway for each one hundred (100) feet of frontage, and all two-way access driveways on a single lot shall be at least one hundred (100) feet apart measured from the centerline of each access driveway. 2. In Industrial and Business districts, the Board may authorize a driveway with a greater width than provided for herein when such width would facilitate traffic flow and safety. 3. The findings generally required for special permits un- der section 5.5.6 of this by-law shall not be required for a special permit to increase the number or width of driveways; however, no such special permit shall be granted unless the Zoning Board of Appeals* finds that the proposed design would provide greater traffic safety than a design confor- ming to the design standards set forth herein. * Amended Majority vote - Show of hands Main motion as amended passed vote declared unanimously in favor by Moderator - Show of hands Reconsideration failed A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the May 2, 1994 session of the April 4, 1994 Annual Town Meeting. Said meeting was held at 7: 30 P. M. in the Mansf ield High School AUditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 37 To see if the Town will vote to amend section 5.1 Water Supply Protection District of the Mansfield Zoning By-Law, by deleting it in its entirety and replacing it with the following, to read: 5.1 PURPOSE OF DISTRICT The purpose of this Surface and Ground Water Resource Protection District is: a. to promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Mansfield; b. to preserve and protect existing and potential surface and sub-surface sources of drinking water supplies; c. to conserve the natural resources of the town and; d. to prevent temporary and permanent contamination of the environment. 5.1.2 SCOPE OF AUTHORITY The Surface and Ground Water Resource Protection District is an overlay district superimposed on other zoning districts estab- lished by this by-law. This overlay district shall apply to all new construction, reconstruction, or expansion of existing build- ings and new or expanded uses. Applicable activities or uses in a portion of one of the underlying zoning districts which fall within the Surface and Ground Water Resource Protection District Page 2 - Article 37 must additionally comply with the requirements of this district. Uses that are prohibited in the underlying zoning districts shall not be permitted in the Surface and Ground Water Resource Protec- tion District. 5.1.3 DEFINITIONS For the purposes of this section, the following words and phrases shall have the following meanings: a. Aquifer: Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water. b. Surface and Ground Water Resource Protection District: The zoning district defined to overlay other zoning dis- tricts in the Town of Mansfield. The Surface and Ground Water Resource Protection District includes Zone II recharge areas. c. Impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil. d. Mining: The removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores, or bedrock. e. Recharge Areas: Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas may include areas designated as Zone I, Zone II, or Zone III. f. Toxic or Hazardous Materials: Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mix- ture were discharged to land or water of the Town of Mansfield. Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as Toxic or Hazardous under Massachusetts General laws (MGL) Chapter 21C and 21E and 310 CMR 30.00, and also include such products as sol- vents and thinners in quanti ties greater than normal household use. g. Zone I: The protective radius around a Public water supply or well field that must be owned or controlled through either outright ownership or a conservation restric- Page 3 - Article 37 tion by the water supplier. This radius is defined as 400 linear feet for a single well with a planned yield of 100,000 gallons per day (gpd) or greater, as defined in 310 Code of Massachusetts Regulations (CMR) 22.00. h. Zone II: The area of an aquifer which contributes water to a well under the most severe pumping and recharge condi- tions that can be realistically anticipated (180 days of pumping at safe yield with no recharge from precipitation), as defined in 310 Code of Massachusetts Regulations (CMR) 22.00. i. Zone III: The land area beyond the area of Zone II from which surface water and ground water drain into Zone II, as defined in 310 CMR 22.00. 5.1.4 ESTABLISHMENT AND DELINEATION OF SURFACE AND GROUND WATER RESOURCE PROTECTION DISTRICT For the purposes of this district, there are hereby established wi thin the town certain surface and ground water protection areas, consisting of aquifers or recharge areas which are delineated on a map. This map is titled Surface and Ground Water Resource Protection District, Town of Mansfield; the scale is 1 inch equals 2,083 feet, dated February 1992, revised March 1993. This map is hereby made a part of the town zoning bylaw and is on file in the Office of the Town Clerk. Where the boundaries of the district are in doubt or dispute, the burden of proof shall be upon the owner of the land to show where they should be properly located. The landowner may engage an ac- ceptable professional, at the sole expense of the landowner, to provide technical assistance in the delineation of the district boundary. The Planning Board may, by special permit, waive the applicability of this section where the landowner demonstrates that the land proposed for development does not lie within the Surface and Ground Water Resource Protection District. 5.1.5 USE REGULATIONS In the Surface and Ground Water Resource Protection District, the following regulations shall apply: 5.1.6 PERMITTED USES The following uses are permitted within the Surface and Ground Water Resource Protection District, provided that all necessary The following uses are permitted within the Surface and Ground Water Resource Protection District, provided that all necessary Page 4 - Article 37 permi ts, orders, or approvals required by local, state, or federal law are also obtained: a. conservation of soil, water, plants, and wildlife; b. outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted; c. foot, bicycle and/or horse paths, and bridges; d. normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices; e. maintenance, repair, and enlargement of any existing struc- ture, subject to section 5.1.7 (prohibited uses) and section 5.1.8 (special permitted uses); f. residential development, subject (prohibited uses) and section 5.1.8 uses); to section 5.1.7 (special permitted g. farming, gardening, nursery, conservation, forestry, har- vesting, and grazing, subject to section 5.1.7 (prohibited uses) and section 5.1.8 (special permitted uses); h. construction, maintenance, repair, and enlargement of drink- ing water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels. Underground storage tanks related to those activities are not categori- cally permitted. 5.1.7 PROHIBITED USES The following uses are prohibited: a. landfills and open dumps as defined in 310 CMR 19.006; b. storage of liquid petroleum products, except the following: 1. normal household use, outdoor maintenance, and heating of a structure; 2. waste oil retention facilities required by statute, rule, or regulation; 3. emergency generators required by statute, rule, or regulation; Page 5 - Article 37 4. treatment works approved under 314 CMR 5.00 for treat- ment of ground or surface waters; provided that such storage, listed in items a. through d. above, is in free-standing containers within buildings or above ground with secondary containment adequate to contain a spill the size of the container's total storage capacity; c. landfilling of sludge or septage as defined in 310 CMR 32.05; d. storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31; e. individual sewage disposal systems that are designed in ac- cordance with 310 CMR 15.00 to receive more than 110 gallons of sewage per quarter acre under one ownership per day, or 440 gallons of sewage on anyone acre under one ownership per day, whichever is greater, provided that: 1. the replacement or repair of a system, which will not result in an increase in design capacity over the original design, or the design capacity of 310 CMR 15.00, whichever is greater, shall be exempted; 2. in cluster subdivisions the total sewage flow allowed shall be calculated based on the number of percable lots in the entire parcel; f. storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated run-off or leachate; g. storage of animal manure unless covered or contained in ac- cordance with the specifications of the united states Soil Conservation service; h. earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mining activities) to within 6 feet of historical high ground water as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foun- dations, roads, or utility works; i. facilities that generate, treat, store, or dispose of haz- ardous waste subject to MGL 21C and 310 CMR 30.000, except the following: Page 6 - Article 37 1. very small quantity generators as defined under 310 CMR 30.000; 2. household hazardous waste centers and events under 310 CMR 30.390; 3. waste oil retention facilities required by MGL Chapter 21, section 52A; 4. water remediation treatment works approved by DEP for the treatment of contaminated ground or surface waters; j. automobile graveyards and junkyards, as defined in MGL Chap- ter 140B, section 1; k. treatment works that are subject to 314 CMR 5.00 including privately owned sewage treatment facilities, except the fol- lowing: 1. the replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works; 2. the replacement of existing sub-surface sewage disposal system(s) with wastewater treatment works that will not result in a design capacity greater than the design capacity of the existing system(s); 3. treatment works approved by the Massachusetts Depart- ment of Environmental Protection designed for the treatment of contaminated groundwater; 4. sewage treatment facilities in those areas with exist- ing water quality problems when it has been demonstrated to the Department of Environmental Protection's and the special Permit Granting Authority's satisfaction both that these problems are attributable to current septic problems and that there will be a net improvement in water quality. l. storage of hazardous materials, as defined in MGL Chapter 21E, unless in a free standing container within a building or above ground with adequate secondary containment adequate to contain a spill the size of the container's total storage capacity; m. industrial and commercial uses which discharge process was- tewater on-site; Page 7 - Article 37 n. stockpiling and disposal of snow and ice containing deicing chemicals if brought in from outside the district; o. storage of commercial fertilizers, as defined in MGL Chapter 128, section 64, unless such storage is within a structure designated to prevent the generation and escape of con- taminated run-off or leachate; p. the use of septic system cleaners which contain toxic or hazardous chemicals. 5.1.8 USES AND ACTIVITIES REQUIRING A SPECIAL PERMIT The following uses and activities are permitted only upon the is- suance of a Special Permit by the Planning Board under such con- ditions as they may require: a. enlargement or alteration of existing uses that do not con- form to the Surface and Ground Water Resource Protection District; for the purposes of this by-law in the Surface and Groundwater Resource Protection District, the Planning Board shall have the authority to render a finding in accordance with MGL Chapter 40A, section 6; b. the application of pesticides, including herbicide, insec- ticides, fungicides, and rodenticides, for non-domestic or non-agricultural uses in accordance with state and federal standards. The special permit shall be granted if such standards are met. If applicable, the applicant should provide documentation of compliance with a Yearly Operating Plan (YOP) for vegetation management operations under 333 CMR 11.00 or a Department of Food and Agriculture approved Pesticide Management Plan or Integrated Pest Management (IPM) program under 333 CMR 12.00'; c. the application of fertilizers for non-domestic or non- agricultural uses. Such applications shall be made in a manner so as to minimize adverse impacts on groundwater due to nutrient transport, deposition, and sedimentation; d. those activities that involve the handling of toxic or haz- ardous materials in quantities greater than those associated with normal household use, permitted in the underlying zoning (except as prohibited under section 5.1.7). Such ac- tivities shall require a special permit to prevent con- tamination of ground and surface water; Page 8 - Article 37 e. the construction of dams or other water control devices, ponds, pools or other changes in waterbodies or courses, created for swimming, fishing, or other recreational uses, agricultural uses, or drainage improvements. Such ac- tivities shall not adversely affect water quality or quan- tity; f. any use that will render impervious more than 15% or 2,500 square feet of any lot, whichever is greater. A system for ground and surface water recharge must be provided which does not degrade ground or surface water quality. For non- residential uses, recharge shall be by stormwater infiltra- tion basins or similar system covered with natural vegeta- tion, and dry wells shall be used only where other methods are unfeasible. For all non-residential uses, all such basins and wells shall be preceded by oil, grease, and sedi- ment traps to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner. 5.1.9 PROCEDURES FOR ISSUANCE OF SPECIAL PERMIT 5.1.9.1 The special Permit Granting Authority (SPGA) under this bylaw shall be the Planning Board. Such special permit shall be granted if the Planning Board determines, in conjunction with the Board of Health, the Conservation commission, Town Engineer and Department of Public Works that the intent of this by-law, as well as its specific criteria, are met. The Planning Board shall not grant a special permit under this section unless the petitioner's application materials include, in the Planning Board's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the stan- dards given in this section. The Planning Board shall document the basis for any departures from the recommendations of the other town boards or agencies in its decision. 5.1.9.2 Upon receipt of the special permit application, the Planning Board shall transmit one copy to the Board of Health, the conservation Commission, the Town Engineer and Department of Public Works for their written recommendations. Failure to respond to the Planning Board in writing within 35 days of receipt shall indicate approval or no desire to comment by said agency. The necessary number of copies of the application shall be furnished by the applicant. 5.1.9.3 The Planning Board may grant the required special per- mit only upon finding that the proposed use meets the following Page 9 - Article 37 standards, those specified in section 5.1.9 of this bylaw, and any regulations or guidelines adopted by the Planning Board. The proposal use must: a. in no way, during construction or thereafter, adversely af- fect the existing or potential quality or quantity of water that is available in the Surface and Ground Water Resource Protection District, and b. be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water related natural characteristics of the site to be developed. 5.1.9.4 The Planning Board may adopt regulations to govern design features of projects. Such regulations shall be consis- tent with subdivision regulations adopted by the municipality. 5.1.9.5 The applicant shall file 11 copies of a site plan and attachments. The site plan shall be drawn at a proper scale as determined by the Planning Board and be stamped by a professional engineer. All additional submittals shall be prepared by qualified professionals. The site plan and its attachments shall at a minimum include the following information where pertinent: a. a complete list of chemicals, pesticides, herbicides, fer- tilizers, fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use; b. for those activities using or storing such hazardous materials, a hazardous materials management plan shall be prepared and filed with the Hazardous Materials Coordinator, Fire Chief, and Board of Health. The plan shall include: 1. provisions to protect against the discharge of hazard- ous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism, includ- ing spill containment and clean-up procedures; 2. provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces; 3. evidence of compliance with the Regulations of the Mas- sachusetts Hazardous Waste Management Act 310 CMR 30, in- cluding obtaining an EPA identification number from the Mas- sachusetts Department of Environmental Protection. Page 10 - Article 37 c. proposed down-gradient location (s) for groundwater monitor- ing welles), should the Planning Board deem the activity a potential groundwater threat. 5.1.9.6 The Planning Board shall hold a hearing, in conformity with the provision of MGL Chapter 40A, section 9, within 65 days after the filing of the application and after the review by the Town Boards, Departments, and Commissions. Notice of the public hearing shall be given by publication and posting and by first class mailings to "parties of interest" as defined in MGL Chapter 40A, section 11. The decision of the Plan- ning Board and any extension, modification, or renewal thereof shall be filed with the Town Clerk within 90 days following the closing of the public hearing. Failure of the Planning Board to act within 90 days shall be deemed as a granting of the permit. However, no work shall commence until a certification is recorded as required by said section 11. 5.1.9.7 Written notice of any violations of this by-law shall be given by the Building Inspector to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Building Inspector, the Board of Health, Conservation Commission, Town Engineer, Department of Public Works, and Water Department. The cost of containment, clean-up, or other action of compliance shall be borne by the owner and operator of the premises. For situations that require remedial action to prevent adverse impact to the water resources within the Surface and Ground Water Resource Protection District, the Town of Mansfield, the Building Inspector, the Board of Health, or any of their agents may order the owner or operator of the premises to remedy the violation. If said owner and/or operator does not comply with said order, the Town of Mansfield, the Building Inspector, the Board of Health, or any of their agents, if authorized to enter upon such premises under the terms of the special permit or otherwise, may act to remedy the violation. The remediation cost shall be the responsibility of the owner and operator of the premises. 5.1.10 SEVERABILITY Page 11 - Article 37 A determination that any portion or provision of the overlay Sur- face and Groundwater Resource Protection District is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit previously issued there- under. or take any action in relation thereto. SPONSOR: Planning Board ARTICLE 37 - Vote Move the Town vote to amend section 5.1 Water Supply Protection District of the Mansfield Zoning By-Law, by deleting it in its entirety and replacing it with the following, to read: 5.1 PURPOSE OF DISTRICT The purpose of this Surface and Ground Water Resource Protection District is: a. to promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Mansfield; b. to preserve and protect existing and potential surface and sub-surface sources of drinking water supplies; c. to conserve the natural resources of the town and; d. to prevent temporary and permanent contamination of the environment. 5.1.2 SCOPE OF AUTHORITY The Surface and Ground Water Resource Protection District is an overlay district superimposed on other zoning districts estab- lished by this by-law. This overlay district shall apply to all new construction, reconstruction, or expansion of existing build- ings and new or expanded uses. Applicable activities or uses in a portion of one of the underlying zoning districts which fall within the Surface and Ground Water Resource Protection District must additionally comply with the requirements of this district. Uses that are prohibited in the underlying zoning districts shall not be permitted in the Surface and Ground Water Resource Protec- tion District. 5.1.3 DEFINITIONS Page 12 - Article 37 For the purposes of this section, the following words and phrases shall have the following meanings: a. Aquifer: Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water. b. Surface and Ground Water Resource Protection District: The zoning district defined to overlay other zoning dis- tricts in the Town of Mansfield. The Surface and Ground Water Resource Protection District includes Zone II recharge areas. c. Impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil. d. Mining: The removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores, or bedrock. e. Recharge Areas: Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas may include areas designated as Zone I, Zone II, or Zone III. f. Toxic or Hazardous Materials: Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mix- ture were discharged to land or water of the Town of Mansfield. Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as Toxic or Hazardous under Massachusetts General laws (MGL) Chapter 21C and 21E and 310 CMR 30.00, and also include such products as sol- vents and thinners in quantities greater than normal household use. g. Zone I: The protective radius around a Public water supply or well field that must be owned or controlled through either outright ownership or a conservation restric- tion by the water supplier. This radius is defined as 400 linear feet for a single well with a planned yield of 100,000 gallons per day (gpd) or greater, as defined in 310 Code of Massachusetts Regulations (CMR) 22.00. h. Zone II: The area of an aquifer which contributes water to a well under the most severe pumping and recharge condi- tions that can be realistically anticipated (180 days of Page 13 - Article 37 pumping at safe yield with no recharge from precipitation), as defined in 310 Code of Massachusetts Regulations (CMR) 22.00. i. Zone III: The land area beyond the area of Zone II from which surface water and ground water drain into Zone II, as defined in 310 CMR 22.00. 5.1.4 ESTABLISHMENT AND DELINEATION OF SURFACE AND GROUND WATER RESOURCE PROTECTION DISTRICT For the purposes of this district, there are hereby established wi thin the town certain surface and ground water protection areas, consisting of aquifers or recharge areas which are delineated on a map. This map is titled Surface and Ground Water Resource Protection District, Town of Mansfield; the scale is 1 inch equals 2,083 feet, dated February 1992, revised March 1993. This map is hereby made a part of the town zoning bylaw and is on file in the Office of the Town Clerk. Where the boundaries of the district are in doubt or dispute, the burden of proof shall be upon the owner of the land to show where they should be properly located. The landowner may engage an ac- ceptable professional, at the sole expense of the landowner, to provide technical assistance in the delineation of the district boundary. The Planning Board may, by special permit, waive the applicability of this section where the landowner demonstrates that the land proposed for development does not lie within the Surface and Ground Water Resource Protection District. 5.1.5 USE REGULATIONS In the Surface and Ground Water Resource Protection District, the fOllowing regulations shall apply: 5.1.6 PERMITTED USES The following uses are permitted within the Surface and Ground Water Resource Protection District, provided that all necessary permi ts, orders, or approvals required by local, state, or federal law are also obtained: a. conservation of soil, water, plants, and wildlife; b. outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted; Page 14 - Article 37 c. foot, bicycle and/or horse paths, and bridges; d. normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices; e. maintenance, repair, and enlargement of any existing struc- ture, subject to section 5.1.7 (prohibited uses) and section 5.1.8 (special permitted uses); f. residential development, subject (prohibited uses) and section 5.1.8 uses); to section 5.1.7 (special permitted g. farming, gardening, nursery, conservation, forestry, har- vesting, and grazing, subject to section 5.1.7 (prohibited uses) and section 5.1.8 (special permitted uses); h. construction, maintenance, repair, and enlargement of drink- ing water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels. Underground storage tanks related to those activities are not categori- cally permitted. 5.1.7 PROHIBITED USES The following uses are prohibited: a. landfills and open dumps as defined in 310 CMR 19.006; b. storage of liquid petroleum products, except the following: 1. normal household use, outdoor maintenance, and heating of a structure; 2. waste oil retention facilities required by statute, rule, or regulation; 3. emergency generators required by statute, rule, or regulation; 4. treatment works approved under 314 CMR 5.00 for treat- ment of ground or surface waters; provided that such storage, listed in items a. through d. above, is in free-standing containers within buildings or Page 15 - Article 37 above ground with secondary containment adequate to contain a spill *one hundred fifteen percent (115%) the size of the container's total storage capacity; c. landfilling of sludge or septage as defined in 310 CMR 32.05; d. storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31; e. individual sewage disposal systems that are designed in ac- cordance with 310 CMR 15.00 to receive more than 110 gallons of sewage per quarter acre under one ownership per day, or 440 gallons of sewage on anyone acre under one ownership per day, whichever is greater, provided that: 1. the replacement or repair of a system, which will not result in an increase in design capacity over the original design, or the design capacity of 310 CMR 15.00, whichever is greater, shall be exempted; 2. in cluster subdivisions the total sewage flow allowed shall be calculated based on the number of *lots suitable for construction of an on-site subsurface sewage disposal system in the entire parcel; f. storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated run-off or leachate; g. storage of animal manure unless covered or contained in ac- cordance with the specifications of the united states soil Conservation service; h. *earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mlnlng activities) to within ten (10) feet of mean annual high ground water as determined by a competent evaluator using one or more of the following methods: 1. A factor to be determined by observation of one or more of the permanent groundwater monitor wells installed and operated by the Town of Mansfield for such purpose; *or an on site monitoring well established by the applicant, or digging a test pit excavated by the applicant to establish maximum groundwater elevation as approved by the evaluator. Page 16 - Article 37 2. A factor to be determined by comparison of soil and topography conditions of the site, with the most applicable observation well and recorded information from the united states Geological Survey of Current Water Resource Condi- tions in Central New England; 3. Soil morphology of undisturbed soil.* 4. Soil color of undisturbed soil*, using the Munsell Color Systems. 5. Soil mottling of undisturbed soil.* 6. Observations including but not limited to: Topography, soil conditions and botanical features, both on-site and on adjacent parcels; except for excavations for building foun- dations, roads, or utility works; i. facilities that generate, treat, store, or dispose of haz- ardous waste subject to MGL 21C and 310 CMR 30.000, except the following: 1. very small quantity generators as defined under 310 CMR 30.000; 2. household hazardous waste centers and events under 310 CMR 30.390; 3. waste oil retention facilities required by MGL Chapter 21, Section 52A; 4. water remediation treatment works approved by DEP for the treatment of contaminated ground or surface waters; j. automobile graveyards and junkyards, as defined in MGL Chap- ter 140B, section 1; k. treatment works that are subject to 314 CMR 5.00 including privately owned sewage treatment facilities, except the fol- lowing: 1. the replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works; Page 17 - Article 37 2. the replacement of existing sub-surface sewage disposal system(s) with wastewater treatment works that will not result in a design capacity greater than the design capacity of the existing system(s); 3. treatment works approved by the Massachusetts Depart- ment of Environmental Protection designed for the treatment of contaminated groundwater; 4. sewage treatment facilities in those areas with exist- ing water quality problems when it has been demonstrated to the Department of Environmental Protection's and the Special Permit Granting Authority's satisfaction both that these problems are attributable to current septic problems and that there will be a net improvement in water quality. l. storage of hazardous materials, as defined in MGL Chapter 21E, unless in a free standing container within a building or above ground with adequate secondary containment adequate to contain a spill *one hundred fifteen percent (115%) the size of the container's total storage capacity; m. industrial and commercial uses which discharge process was- tewater on-site; n. stockpiling and disposal of snow and ice containing deicing chemicals if brought in from outside the district; o. storage of commercial fertilizers, as defined in MGL Chapter 128, section 64, unless such storage is within a structure designated to prevent the generation and escape of con- taminated run-off or leachate; p. the use of septic system cleaners which contain toxic or hazardous chemicals. 5.1.8 USES AND ACTIVITIES REQUIRING A SPECIAL PERMIT The following uses and activities are permitted only upon the is- suance of a special Permit by the Planning Board under such con- ditions as they may require: a. enlargement or alteration of existing uses that do not con- form to the Surface and Ground Water Resource Protection District; for the purposes of this by-law in the Surface and Groundwater Resource Protection District, the Planning Board shall have the authority to render a finding in accordance with MGL Chapter 40A, section 6; Page 18 - Article 37 b*. those activities that involve the handling of toxic or haz- ardous materials in quantities greater than those associated with normal household use, permitted in the underlying zoning (except as prohibited under section 5.1.7). Such ac- tivities shall require a special permit to prevent con- tamination of ground and surface water; c* . the construction of dams or other water control devices, ponds, pools or other changes in waterbodies or courses, created for swimming, fishing, or other recreational uses, agr icul tural uses, or drainage improvements. Such ac- tivities shall not adversely affect water quality or quan- tity; d. any use that will render impervious more than 15% or 2,500 square feet of any lot, whichever is greater. A system for ground and surface water recharge must be provided which does not degrade ground or surface water quality. For non- residential uses, recharge shall be by stormwater infiltra- tion basins or similar system covered with natural vegeta- tion, and dry wells shall be used only where other methods are unfeasible. For all non-residential uses, all such basins and wells shall be preceded by oil, grease, and sedi- ment traps to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner. 5.1.9 PROCEDURES FOR ISSUANCE OF SPECIAL PERMIT 5.1.9.1 The Special Permit Granting Authority (SPGA) under this bylaw shall be the Planning Board. Such special permit shall be granted if the Planning Board determines, in conjunction with the Board of Health, the Conservation commission, Town Engineer and Department of Public Works that the intent of this by-law, as well as its specific criteria, are met. The Planning Board shall not grant a special permit under this section unless the petitioner's application materials include, in the Planning Board's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the stan- dards given in this section. The Planning Board shall document the basis for any departures from the recommendations of the other town boards or agencies in its decision. 5.1.9.2 Upon receipt of the special permit application, the Planning Board shall transmit one copy to the Board of Health, the Conservation commission, the Town Engineer and Department of Public Works for their written recommendations. Failure to respond to the Planning Board in writing within 35 days of Page 19 - Article 37 receipt shall indicate approval or no desire to comment by said agency. The necessary number of copies of the application shall be furnished by the applicant. 5.1.9.3 The Planning Board may grant the required special per- mit only upon finding that the proposed use meets the following standards, those specified in section 5.1.9 of this bylaw, and any regulations or guidelines adopted by the Planning Board. The proposal use must: a. in no way, during construction or thereafter, adversely af- fect the existing or potential quality or quantity of water that is available in the Surface and Ground Water Resource Protection District, and b. be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water related natural characteristics of the site to be developed. 5.1.9.4 The Planning Board may adopt regulations to govern design features of projects. Such regulations shall be consis- tent with subdivision regulations adopted by the municipality. 5.1.9.5 The applicant shall file 11 copies of a site plan and attachments. The site plan shall be drawn at a proper scale as determined by the Planning Board and be stamped by a professional engineer. All additional submittals shall be prepared by qualified professionals. The site plan and its attachments shall at a minimum include the following information where pertinent: a. a complete list of chemicals, pesticides, herbicides, fer- tilizers, fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use; b. for those activities using or storing such hazardous materials, a hazardous materials management plan shall be prepared and filed with the Hazardous Materials Coordinator, Fire Chief, and Board of Health. The plan shall include: 1. provlslons to protect against the discharge of hazard- ous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism, includ- ing spill containment and clean-up procedures; 2. provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces; Page 20 - Article 37 3. evidence of compliance with the Regulations of the Mas- sachusetts Hazardous Waste Management Act 310 CMR 30, in- cluding obtaining an EPA identification number from the Mas- sachusetts Department of Environmental Protection. c. proposed down-gradient location (s) for groundwater monitor- ing welles), should the Planning Board deem the activity a potential groundwater threat. 5.1.9.6 The Planning Board shall hold a hearing, in conformity with the provision of MGL Chapter 40A, Section 9, within 65 days after the filing of the application and after the review by the Town Boards, Departments, and Commissions. Notice of the public hearing shall be given by publication and posting and by first class mailings to "parties of interest" as defined in MGL Chapter 40A, section 11. The decision of the Plan- ning Board and any extension, modification, or renewal thereof shall be filed with the Town Clerk within 90 days following the closing of the public hearing. Failure of the Planning Board to act within 90 days shall be deemed as a granting of the permit. However, no work shall commence until a certification is recorded as required by said section 11. 5.1.9.7 written notice of any violations of this by-law shall be given by the Building Inspector to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Building Inspector, the Board of Health, Conservation commission, Town Engineer, Department of Public Works, and Water Department. The cost of containment, clean-up, or other action of compliance shall be borne by the owner and operator of the premises. For situations that require remedial action to prevent adverse impact to the water resources within the Surface and Ground Water Resource Protection District, the Town of Mansfield, the Building Inspector, the Board of Health, or any of their agents may order the owner or operator of the premises to remedy the violation. If said owner and/or operator does not comply with said order, the Town of Mansfield, the Building Inspector, the Board of Health, or any of their agents, if authorized to enter upon such - Page 21 - Article 37 premises under the terms of the special permit or otherwise, may act to remedy the violation. The remediation cost shall be the responsibility of the owner and operator of the premises. 5.1.10 SEVERABILITY A determination that any portion or provlslon of the overlay Sur- face and Groundwater Resource Protection District is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit previously issued there- under. *Amended Majority vote - Show of hands Main motion as amended passed vote declared unanimously in favor by Moderator - Show of hands Reconsideration failed A TRUE COpy ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the May 2, 1994 session of the April 4, 1994 Annual Town Meeting. Said meeting was held at 7: 30 P. M. in the Mansf ield High School AUditorium, East Street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 40 To see if the Town will vote to amend the Mansfield Zoning By- Law, Section 4.0 Intensity Regulations, by adding the following section 4. 1. 8 ; 4.1.8 Where the Town acquires an interest in land by eminent domain or otherwise, which is adjacent to an existing public way for the purpose of constructing or widening of the pUblic way or sidewalks, then the following provisions shall apply to lots or buildings affected by any such street widening or sidewalk acquisition: a. If the area of a lot, which prior to such ac- quisition conformed to this by-law, is reduced to an area less than is required by Schedule 4.2, then the area of such lot remaining after such acquisition shall be deemed in conformity with this by-law. b. If a yard setback of a building, which prior to such acquisition conformed to this by-law, is reduced to a distance less than is required by Schedule 4.2, then the yard setbacks remaining after such ac- quisition shall be deemed to be in conformity with this by-law, or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 40 - Vote Move the Town vote to amend the Mansfield Zoning By-Law, Section 4.0 Intensity Regulations, by adding the following section 4.1.8; Page 2 - Article 40 4.1.8 Where the Town acquires an interest in land by eminent domain or otherwise, which is adjacent to an existing public way for the purpose of constructing or widening of the public way or sidewalks, then the following provisions shall apply to lots or buildings affected by any such street widening or sidewalk acquisition: a. If the area of a lot, which prior to such ac- quisition conformed to this by-law, is reduced to an area less than is required by Schedule 4.2, then the area of such lot remaining after such acquisition shall be deemed in conformity with this by-law. b. If a yard setback of a building, which prior to such acquisition conformed to this by-law, is reduced to a distance less than is required by Schedule 4.2, then the yard setbacks remaining after such ac- quisition shall be deemed to be in conformity with this by-law. Vote declared unanimously in favor by Moderator - Show of hands Reconsideration failed A TRUE COpy ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the May 2, 1994 session of the April 4, 1994 Annual 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 41 To see if the Town will accept public sidewalks along the wes- terly side of Ware Street from East Street to Tracy Circle and to authorize the Board of Selectmen to, on behalf of the Town, ac- quire by gift, purchase, or eminent domain the real estate in fee simple which will be necessary to construct such public sidewalks, using available Chapter 90 funds, or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 41 - Vote Move the Town vote to accept public sidewalks along the westerly side of Ware Street from East Street to Tracy Circle as shown on plans titled "Layout Plan of Ware Street," sheets 1-5, dated April 13, 1994 by Hutchins - Trowbridge Associates, Mansfield, MA and registered at the Bristol County Registry of Deeds, and to authorize the Board of Selectmen to, on behalf of the Town, ac- quire by gift, purchase, or eminent domain the real estate in fee simple which will be necessary to construct such public sidewalks, using available Chapter 90 funds. Vote declared unanimously in favor by Moderator - Show of hands Reconsideration failed A TRUE COpy ATTEST: Judith F. Scott, Town Clerk .. ..- TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the May 2, 1994 session of the April 4, 1994 Annual Town Meeting. Said meeting was held at 7: 30 P. M. in the Mansf ield High School AUditorium, East street, Mansfield, Massachusetts. There was a quorum present and voting. ARTICLE 42 To see if the Town will vote to accept Ware street as shown on a plan entitled "Ware Street Prepared for the Town of Mansfield" dated July 1, 1992, by Hutchins-Trowbridge, 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 ap- propriate to create such public way, more specifically described as follows: Beginning at the Northeast corner of Ware Street at a point on the southerly sideline of East Street; Thence along a curve to the left having a radius of 31.70 feet and an arc length of 35.69 feet, being subtended by a chord of South 50 degrees 13 minutes 25 seconds West for a distance of 33.83 feet; thence South 17 degrees 58 minutes 25 seconds West for a distance of 61.00 feet; thence South 17 degrees 58 minutes 25 seconds West for a distance of 100.00 feet; thence South 17 degrees 58 minutes 25 seconds West for a distance of 100.00 feet; thence South 17 degrees 58 minutes 25 seconds West for a distance of 100.00 feet; thence South 17 degrees 58 minutes 25 seconds West for a distance of 264.15 feet; thence South 23 degrees 41 minutes 50 seconds West for a distance of 308.75 feet; thence South 28 degrees 22 minutes 05 seconds West for a distance of 90.40 feet; thence South 29 degrees 11 minutes 10 seconds West for a distance of 120.00 feet; thence South 29 degrees 11 minutes 10 seconds West for a distance of 26.24 feet; thence South 25 degrees 52 minutes 21 seconds West for a distance of 152.89 feet; thence South 25 degrees 52 minutes 20 seconds West for a distance of 18.47 feet; thence South 24 degrees 00 minutes 06 seconds West for a distance of 101.53 feet; thence South 17 degrees 27 minutes 09 seconds West for a distance of 196.72 feet; thence South 14 degrees 12 Page 2 - Article 42 minutes 26 seconds West for a distance of 74.75 feet; thence South 21 degrees 54 minutes 36 seconds West for a distance of 48.23 feet; thence South 37 degrees 12 minutes 36 seconds West for a distance of 77.46 feet; thence South 46 degrees 15 minutes 16 seconds West for a distance of 76.83 feet; thence South 53 de- grees 29 minutes 26 seconds West for a distance of 63.26 feet; thence South 66 degrees 02 minutes 16 seconds West for a distance of 105.75 feet; thence South 66 degrees 17 minutes 26 seconds West for a distance of 82.10 feet; thence South 64 degrees 30 minutes 45 seconds West for a distance of 170.07 feet; thence South 60 degrees 06 minutes 00 seconds West for a distance of 116.39 feet; thence South 51 degrees 44 minutes 48 seconds West for a distance of 70.33 feet; thence South 43 degrees 36 minutes 39 seconds West for a distance of 49.56 feet; thence South 29 de- grees 57 minutes 10 seconds West for a distance of 65.90 feet; thence South 25 degrees 41 minutes 01 seconds West for a distance of 61.32 feet; thence South 29 degrees 48 minutes 55 seconds West for a distance of 111.46 feet; thence South 29 degrees 23 minutes 09 seconds West for a distance of 112.25 feet; thence South 28 degrees 27 minutes 38 seconds West for a distance of 71.82 feet; thence South 26 degrees 27 minutes 17 seconds West for a distance of 120.00 feet; thence South 26 degrees 27 minutes 10 seconds West for a distance of 80.74 feet; thence South 26 degrees 26 minutes 58 seconds West for a distance of 64.27 feet; thence South 26 degrees 27 minutes 10 seconds West for a distance of 65.75 feet; thence South 26 degrees 27 minutes 10 seconds West for a distance of 79.25 feet; thence South 26 degrees 27 minutes 10 seconds West for a distance of 122.00 feet; thence South 26 degrees 27 minutes 10 seconds West for a distance of 8.35 feet; thence South 27 degrees 01 minutes 02 seconds West for a distance of 206.83 feet; thence South 27 degrees 00 minutes 39 seconds West for a distance of 38.64 feet; thence South 27 degrees 01 minutes 01 seconds West for a distance of 50.03 feet; thence South 27 degrees 01 minutes 19 seconds West for a distance of 41.40 feet; thence South 27 degrees 01 minutes 01 seconds West for a distance of 78.60 feet; thence South 27 degrees 01 minutes 01 seconds West for a distance of 120.00 feet; thence South 58 degrees 42 minutes 05 seconds East for a distance of 8.14 feet; thence South 29 degrees 10 minutes 49 seconds West for a distance of 20.40 feet; thence South 29 degrees 10 minutes 49 seconds West for a distance of 120.00 feet; thence South 29 degrees 10 minutes 20 seconds West for a distance of 180.48 feet; thence South 26 degrees 08 minutes 10 seconds West for a distance of 109.93 feet; thence along a curve to the right having a radius of 107.00 feet and an arc length of 60.67 feet, being subtended by a chord of South 42 degrees 22 minutes 50 seconds West for a distance of 59.86 feet; thence South 58 degrees 37 minutes 29 seconds West Page 3 - Article 42 for a distance of 84.54 feet; thence South 54 degrees 39 minutes 12 seconds West for a distance of 86.92 feet; thence South 51 de- grees 20 minutes 25 seconds West for a distance of 120.00 feet; thence South 51 degrees 20 minutes 25 seconds West for a distance of 106.38 feet; thence South 61 degrees 02 minutes 05 seconds West for a distance of 13.62 feet; thence South 61 degrees 02 minutes 05 seconds West for a distance of 35.95 feet; thence South 53 degrees 18 minutes 03 seconds West for a distance of 84.05 feet; thence South 53 degrees 18 minutes 03 seconds West for a distance of 45.38 feet; thence South 07 degrees 39 minutes 07 seconds West for a distance of 84.94 feet; thence South 02 de- grees 26 minutes 05 seconds West for a distance of 50.61 feet; thence South 02 degrees 26 minutes 05 seconds West for a distance of 76.26 feet; thence South 22 degrees 46 minutes 43 seconds East for a distance of 17.99 feet; thence South 03 degrees 23 minutes 06 seconds East for a distance of 165.00 feet; thence South 03 degrees 23 minutes 06 seconds East for a distance of 90.88 feet; thence South 03 degrees 23 minutes 06 seconds East for a distance of 64.12 feet; thence South 23 degrees 29 minutes 38 seconds West for a distance of 50.00 feet; thence South 43 degrees 29 minutes 38 seconds West for a distance of 111.43 feet; thence South 43 degrees 29 minutes 38 seconds West for a distance of 70.00 feet; thence South 48 degrees 59 minutes 38 seconds West for a distance of 22.80 feet; thence South 48 degrees 59 minutes 38 seconds West for a distance of 130.21 feet; thence South 48 degrees 59 minutes 38 seconds West for a distance of 78.05 feet; thence South 48 de- grees 43 minutes 19 seconds West for a distance of 119.79 feet; thence South 47 degrees 19 minutes 19 seconds West for a distance of 152.00 feet; thence South 47 degrees 19 minutes 19 seconds West for a distance of 35.43 feet; thence South 47 degrees 19 minutes 19 seconds West for a distance of 130.00 feet; thence South 47 degrees 19 minutes 19 seconds West for a distance of 170.00 feet; thence South 52 degrees 21 minutes 39 seconds West for a distance of 120.00 feet; thence South 52 degrees 21 minutes 39 seconds West for a distance of 120.00 feet; thence South 52 degrees 21 minutes 39 seconds West for a distance of 89.12 feet; thence South 45 degrees 37 minutes 06 seconds West for a distance of 5.36 feet; thence South 45 degrees 02 minutes 13 seconds West for a distance of 110.94 feet; thence South 43 degrees 47 minutes 27 seconds West for a distance of 54.46 feet; thence South 49 de- grees 24 minutes 45 seconds West for a distance of 48.00 feet; thence South 49 degrees 24 minutes 45 seconds West for a distance of 36.41 feet; thence South 46 degrees 21 minutes 13 seconds West for a distance of 69.94 feet; thence South 41 degrees 12 minutes 29 seconds West for a distance of 23.65 feet; thence South 41 de- grees 12 minutes 29 seconds West for a distance of 60.24 feet; thence South 34 degrees 49 minutes 00 seconds West for a distance of 64.76 feet; thence South 34 degrees 49 minutes 00 seconds West for a distance of 31.68 feet; thence South 28 degrees 42 minutes Page 4 - Article 42 55 seconds West for a distance of 100.38 feet; thence South 16 degrees 08 minutes 40 seconds West for a distance of 191.97 feet; thence South 16 degrees 08 minutes 40 seconds West for a distance of 121.41 feet; thence South 18 degrees 06 minutes 31 seconds West for a distance of 135.60 feet; thence South 18 degrees 06 minutes 41 seconds West for a distance of 35.42 feet; thence South 18 degrees 06 minutes 33 seconds West for a distance of 35.42 feet; thence South 15 degrees 24 minutes 22 seconds West for a distance of 25.17 feet; thence South 15 degrees 24 minutes 22 seconds West for a distance of 26.65 feet; thence South 15 de- grees 24 minutes 22 seconds West for a distance of 107.78 feet; thence South 11 degrees 26 minutes 45 seconds West for a distance of 110.00 feet; thence South 11 degrees 26 minutes 45 seconds West for a distance of 56.17 feet; thence along a curve to the left having a radius of 110.00 feet and an arc length of 113.79 feet, being subtended by a chord of South 16 degrees 35 minutes 29 seconds East for a distance of 108.78 feet; thence South 39 degrees 37 minutes 00 seconds East for a distance of 75.39 feet; thence South 39 degrees 37 minutes 00 seconds East for a distance of 120.00 feet; thence South 39 degrees 37 minutes 00 seconds East for a distance of 37.06 feet; thence South 42 degrees 52 minutes 54 seconds East for a distance of 262.94 feet; thence South 43 degrees 24 minutes 47 seconds East for a distance of 120.00 feet; thence South 43 degrees 24 minutes 47 seconds East for a distance of 76.70 feet; thence along a curve to the left having a radius of 270.00 feet and an arc length of 118.22 feet, being subtended by a chord of South 65 degrees 02 minutes 06 seconds East for a distance of 117.28 feet; thence North 88 de- grees 07 minutes 50 seconds East for a distance of 122.24 feet; thence North 88 degrees 07 minutes 50 seconds East for a distance of 120.00 feet; thence North 88 degrees 07 minutes 50 seconds East for a distance of 108.28 feet; thence South 80 degrees 13 minutes 39 seconds East for a distance of 11.72 feet; thence South 80 degrees 13 minutes 40 seconds East for a distance of 90.00 feet; thence South 80 degrees 13 minutes 40 seconds East for a distance of 110.00 feet; thence South 80 degrees 13 minutes 40 seconds East for a distance of 90.00 feet; thence South 63 de- grees 50 minutes 53 seconds West for a distance of 5.17 feet; thence South 81 degrees 48 minutes 00 seconds East for a distance of 189.34 feet; thence South 81 degrees 48 minutes 04 seconds East for a distance of 17.98 feet; thence along a curve to the right having a radius of 300.01 feet and an arc length of 132.02 feet, being subtended by a chord of South 69 degrees 11 minutes 31 seconds East for a distance of 130.96 feet; thence South 56 degrees 33 minutes 35 seconds East for a distance of 100.05 feet; thence South 56 degrees 30 minutes 54 seconds East for a distance Page 5 - Article 42 of 20.50 feet; thence South 55 degrees 46 minutes 42 seconds East for a distance of 44.20 feet; thence South 46 degrees 00 minutes 43 seconds East for a distance of 76.20 feet; thence South 46 de- grees 00 minutes 43 seconds East for a distance of 19.42 feet; thence South 39 degrees 05 minutes 56 seconds East for a distance of 35.93 feet; thence South 29 degrees 19 minutes 49 seconds East for a distance of 44.80 feet; thence South 25 degrees 17 minutes 55 seconds East for a distance of 19.85 feet; thence South 25 de grees 17 minutes 56 seconds East for a distance of 10.56 feet; thence South 23 degrees 11 minutes 23 seconds East for a distance of 14.03 feet; thence South 23 degrees 30 minutes 12 seconds East for a distance of 226.42 feet; thence South 37 degrees 15 minutes 58 seconds East for a distance of 142.83 feet; thence South 37 degrees 54 minutes 28 seconds East for a distance of 71.04 feet; thence South 36 degrees 31 minutes 51 seconds East for a distance of 62.02 feet; thence South 43 degrees 34 minutes 49 seconds East for a distance of 58.62 feet; thence South 43 degrees 34 minutes 49 seconds East for a distance of 120.00 feet; thence South 43 degrees 34 minutes 49 seconds East for a distance of 120.00 feet; thence South 43 degrees 34 minutes 49 seconds East for a distance of 120.00 feet; thence South 43 degrees 34 minutes 49 seconds East for a distance of 85.09 feet; thence South 45 degrees 18 minutes 34 seconds East for a distance of 35.02 feet; thence South 45 degrees 18 minutes 33 seconds East for a distance of 121.47 feet; thence South 45 degrees 18 minutes 33 seconds East for a distance of 127.45 feet; thence South 45 degrees 18 minutes 34 seconds East for a distance of 4.49 feet; thence along a curve to the left having a radius of 24.81 feet and an arc length of 46.45 feet, being subtended by a chord of North 81 degrees 03 minutes 38 seconds East for a distance of 39.95 feet; thence South 21 degrees 44 minutes 18 seconds West for a distance of 119.23 feet; thence along a curve to the left having a radius of 75.00 feet and an arc length of 80.40 feet, being subtended by a chord of North 13 degrees 06 minutes 19 seconds West for a dis- tance of 76.61 feet; thence North 43 degrees 49 minutes 03 seconds West for a distance of 129.48 feet; thence North 43 de- grees 49 minutes 03 seconds West for a distance of 120.00 feet; thence North 43 degrees 49 minutes 03 seconds West for a distance of 120.00 feet; thence North 43 degrees 49 minutes 03 seconds West for a distance of 140.00 feet; thence North 43 degrees 49 minutes 03 seconds West for a distance of 120.00 feet; thence North 43 degrees 49 minutes 03 seconds West for a distance of 120.50 feet; thence North 43 degrees 49 minutes 03 seconds West for a distance of 121.20 feet; thence North 43 degrees 49 minutes 03 seconds West for a distance of 115.00 feet; thence North 37 degrees 30 minutes 12 seconds West for a distance of 17.95 feet; thence North 23 degrees 33 minutes 06 seconds West for a distance of 55.00 feet; thence North 23 degrees 33 minutes 06 seconds West for a distance of 123.96 feet; thence North 23 degrees 04 minutes 39 seconds West for a distance of 130.73 feet; thence North 23 "" ..- Page 6 - Article 42 degrees 13 minutes 46 seconds West for a distance of 34.65 feet; thence along a curve to the left having a radius of 378.00 feet and an arc length of 179.87 feet, being subtended by a chord of North 42 degrees 11 minutes 24 seconds West for a distance of 178.18 feet; thence North 55 degrees 49 minutes 34 seconds West for a distance of 32.49 feet; thence North 55 degrees 49 minutes 35 seconds West for a distance of 125.00 feet; thence North 55 degrees 49 minutes 35 seconds West for a distance of 22.51 feet; thence along a curve to the left having a radius of 200.00 feet and an arc length of 87.61 feet, being subtended by a chord of North 68 degrees 22 minutes 31 seconds West for a distance of 86.91 feet; thence North 80 degrees 55 minutes 25 seconds West for a distance of 9.88 feet; thence North 80 degrees 55 minutes 26 seconds West for a distance of 120.00 feet; thence North 80 degrees 55 minutes 26 seconds West for a distance of 90.00 feet; thence North 80 degrees 34 minutes 24 seconds West for a distance of 109.61 feet; thence North 80 degrees 10 minutes 19 seconds West for a distance of 90.39 feet; thence North 80 degrees 10 minutes 19 seconds West for a distance of 86.14 feet; thence South 88 degrees 11 minutes 09 seconds West for a distance of 34.26 feet; thence South 86 degrees 32 minutes 10 seconds West for a distance of 120.00 feet; thence South 88 degrees 26 minutes 45 seconds West for a distance of 103.26 feet; thence South 88 degrees 26 minutes 45 seconds West for a distance of 138.51 feet; thence South 88 degrees 26 minutes 45 seconds West for a distance of 24.15 feet; thence North 43 degrees 13 minutes 53 seconds West for a distance of 98.28 feet; thence North 43 degrees 13 minutes 53 seconds West for a distance of 120.00 feet; thence North 43 degrees 13 minutes 53 seconds West for a distance of 123.00 feet; thence North 43 degrees 13 minutes 53 seconds West for a distance of 150.00 feet; thence North 46 degrees 16 minutes 11 seconds West for a distance of 59.00 feet; thence North 37 degrees 13 minutes 38 seconds West for a distance of 67.47 feet; thence North 37 degrees 13 minutes 38 seconds West for a distance of 25.00 feet; thence North 38 degrees 31 minutes 40 seconds West for a distance of 124.44 feet; thence North 36 degrees 58 minutes 02 seconds West for a distance of 18.49 feet; thence North 36 de- grees 58 minutes 02 seconds West for a distance of 30.17 feet; thence North 38 degrees 52 minutes 43 seconds West for a distance of 61.51 feet; thence North 07 degrees 41 minutes 05 seconds West for a distance of 9.84 feet; thence North 07 degrees 41 minutes 04 seconds West for a distance of 5.97 feet; thence North 07 de- grees 15 minutes 32 seconds East for a distance of 34.79 feet; thence North 16 degrees 57 minutes 59 seconds East for a distance of 42.99 feet; thence North 16 degrees 41 minutes 02 seconds East for a distance of 36.25 feet; thence North 16 degrees 41 minutes 02 seconds East for a distance of 69.01 feet; thence North 16 de- grees 41 minutes 02 seconds East for a distance of 56.47 feet; thence North 16 degrees 41 minutes 02 seconds East for a distance of 63.53 feet; thence North 16 degrees 41 minutes 02 seconds East Page 7 - Article 42 for a distance of 120.00 feet; thence North 16 degrees 41 minutes 02 seconds East for a distance of 120.00 feet; thence North 16 degrees 41 minutes 02 seconds East for a distance of 120.00 feet; thence North 16 degrees 41 minutes 02 seconds East for a distance of 120.00 feet; thence North 16 degrees 33 minutes 13 seconds East for a distance of 118.74 feet; thence North 27 degrees 25 minutes 51 seconds East for a distance of 17.08 feet; thence North 27 degrees 25 minutes 41 seconds East for a distance of 66.57 feet; thence North 32 degrees 42 minutes 10 seconds East for a distance of 53.43 feet; thence North 32 degrees 42 minutes 10 seconds East for a distance of 80.76 feet; thence North 48 de- grees 33 minutes 40 seconds East for a distance of 39.24 feet; thence North 48 degrees 33 minutes 44 seconds East for a distance of 120.01 feet; thence North 48 degrees 34 minutes 27 seconds East for a distance of 98.51 feet; thence North 46 degrees 30 minutes 15 seconds East for a distance of 37.04 feet; thence North 46 degrees 30 minutes 15 seconds East for a distance of 95.95 feet; thence North 46 degrees 30 minutes 15 seconds East for a distance of 120.00 feet; thence North 48 degrees 26 minutes 44 seconds East for a distance of 120.00 feet; thence North 48 degrees 26 minutes 44 seconds East for a distance of 87.33 feet; thence North 48 degrees 26 minutes 44 seconds East for a distance of 120.00 feet; thence North 48 degrees 26 minutes 44 seconds East for a distance of 25.34 feet; thence North 48 degrees 26 minutes 44 seconds East for a distance of 150.14 feet; thence North 48 degrees 26 minutes 44 seconds East for a distance of 120.00 feet; thence North 50 degrees 02 minutes 52 seconds East for a distance of 366.34 feet; thence North 49 degrees 09 minutes 22 seconds East for a distance of 53.17 feet; thence North 45 de- grees 34 minutes 52 seconds East for a distance of 66.83 feet; thence North 45 degrees 34 minutes 52 seconds East for a distance of 47.77 feet; thence North 45 degrees 34 minutes 52 seconds East for a distance of 32.76 feet; thence along a curve to the left having a radius of 102.36 feet and an arc length of 39.48 feet, being subtended by a chord of North 34 degrees 31 minutes 59 seconds East for a distance of 39.23 feet; thence along a curve to the left having a radius of 102.36 feet and an arc length of 50.00 feet, being subtended by a chord of North 09 degrees 29 minutes 29 seconds East for a distance of 49.50 feet; thence North 04 degrees 30 minutes 08 seconds West for a distance of 154.37 feet; thence North 00 degrees 01 minutes 33 seconds West for a distance of 278.95 feet; thence North 00 degrees 01 minutes 32 seconds West for a distance of 188.05 feet; thence North 43 degrees 13 minutes 42 seconds East for a distance of 39.06 feet; Thence along a curve to the left having a radius of 150.00 feet and an arc length of 178.64 feet, being subtended by a chord of North 84 degrees 57 minutes 15 seconds East for a distance of 168.27 feet; thence North 53 degrees 13 minutes 24 seconds East for a distance of 44.97 feet; thence North 48 degrees 02 minutes Page 8 - Article 42 57 seconds East for a distance of 18.35 feet; thence North 49 de- grees 58 minutes 29 seconds East for a distance of 49.77 feet; thence North 50 degrees 23 minutes 31 seconds East for a distance of 26.32 feet; thence North 57 degrees 28 minutes 55 seconds East for a distance of 8.67 feet; thence North 56 degrees 38 minutes 10 seconds East for a distance of 18.08 feet; thence North 52 de- grees 12 minutes 54 seconds East for a distance of 58.74 feet; thence North 55 degrees 09 minutes 01 seconds East for a distance of 30.12 feet; thence North 54 degrees 42 minutes 29 seconds East for a distance of 20.65 feet; thence North 59 degrees 10 minutes 09 seconds East for a distance of 24.46 feet; thence North 50 de- grees 43 minutes 45 seconds East for a distance of 13.33 feet; thence North 54 degrees 28 minutes 36 seconds East for a distance of 57.90 feet; thence along a curve to the left having a radius of 73.74 feet and an arc length of 41.81 feet, being subtended by a chord of North 42 degrees 22 minutes 58 seconds East for a dis- tance of 41.26 feet; thence North 26 degrees 08 minutes 10 seconds East for a distance of 33.32 feet; thence North 25 de- grees 25 minutes 58 seconds East for a distance of 58.25 feet; thence North 14 degrees 48 minutes 00 seconds East for a distance of 8.01 feet; thence North 22 degrees 48 minutes 57 seconds East for a distance of 43.30 feet; thence North 20 degrees 24 minutes 10 seconds East for a distance of 35.33 feet; thence North 28 de- grees 20 minutes 43 seconds East for a distance of 64.06 feet; thence North 25 degrees 40 minutes 04 seconds East for a distance of 15.59 feet; thence North 26 degrees 24 minutes 30 seconds East for a distance of 60.76 feet; thence North 28 degrees 55 minutes 43 seconds East for a distance of 90.23 feet; thence North 22 de- grees 04 minutes 09 seconds East for a distance of 37.88 feet; thence North 27 degrees 56 minutes 04 seconds East for a distance of 19.25 feet; thence North 27 degrees 20 minutes 55 seconds East for a distance of 30.15 feet; thence North 28 degrees 10 minutes 20 seconds East for a distance of 50.05 feet; thence North 31 de- grees 08 minutes 53 seconds East for a distance of 13.77 feet; thence North 24 degrees 52 minutes 58 seconds East for a distance of 34.95 feet; thence North 28 degrees 33 minutes 37 seconds East for a distance of 31.20 feet; thence North 28 degrees 39 minutes 48 seconds East for a distance of 40.03 feet; thence North 25 de- grees 11 minutes 07 seconds East for a distance of 12.02 feet; thence North 27 degrees 57 minutes 05 seconds East for a distance of 46.75 feet; thence North 27 degrees 21 minutes 16 seconds East for a distance of 23.00 feet; thence North 31 degrees 27 minutes 06 seconds East for a distance of 30.42 feet; thence North 20 de- grees 02 minutes 51 seconds East for a distance of 13.67 feet; thence North 29 degrees 43 minutes 47 seconds East for a distance of 35.94 feet; thence North 25 degrees 56 minutes 33 seconds East for a distance of 68.74 feet; thence North 26 degrees 40 minutes 50 seconds East for a distance of 14.51 feet; thence North 27 de- Page 9 - Article 42 grees 13 minutes 29 seconds East for a distance of 65.25 feet; thence North 28 degrees 40 minutes 31 seconds East for a distance of 36.41 feet; thence North 29 degrees 29 minutes 29 seconds East for a distance of 20.83 feet; thence North 25 degrees 26 minutes 33 seconds East for a distance of 75.15 feet; thence North 26 de- grees 18 minutes 50 seconds East for a distance of 25.51 feet; thence North 37 degrees 24 minutes 37 seconds East for a distance of 11.97 feet; thence North 27 degrees 48 minutes 19 seconds East for a distance of 88.78 feet; thence North 18 degrees 41 minutes 08 seconds East for a distance of 13.69 feet; thence North 68 de- grees 26 minutes 48 seconds East for a distance of 4.40 feet; thence North 26 degrees 48 minutes 27 seconds East for a distance of 214.86 feet; thence North 27 degrees 50 minutes 12 seconds East for a distance of 108.83 feet; thence North 27 degrees 50 minutes 12 seconds East for a distance of 154.59 feet; thence North 27 degrees 50 minutes 12 seconds East for a distance of 68.80 feet; thence North 27 degrees 50 minutes 12 seconds East for a distance of 25.68 feet; thence along a curve to the right having a radius of 520.33 feet and an arc length of 334.32 feet, being subtended by a chord of North 46 degrees 14 minutes 36 seconds East for a distance of 328.60 feet; thence North 63 de- grees 53 minutes 42 seconds East for a distance of 314.67 feet; thence North 64 degrees 16 minutes 16 seconds East for a distance of 126.79 feet; thence North 43 degrees 46 minutes 19 seconds East for a distance of 76.14 feet; thence along a curve to the left having a radius of 150.00 feet and an arc length of 65.60 feet, being subtended by a chord of North 31 degrees 23 minutes 50 seconds East for a distance of 65.08 feet; thence North 18 de- grees 52 minutes 18 seconds East for a distance of 156.41 feet; thence North 18 degrees 51 minutes 26 seconds East for a distance of 39.89 feet; thence North 18 degrees 52 minutes 13 seconds East for a distance of 93.77 feet; thence North 18 degrees 51 minutes 46 seconds East for a distance of 29.34 feet; thence North 25 de- grees 30 minutes 52 seconds East for a distance of 288.89 feet; thence North 29 degrees 50 minutes 19 seconds East for a distance of 131.87 feet; thence North 24 degrees 29 minutes 01 seconds East for a distance of 87.87 feet; thence North 23 degrees 41 minutes 50 seconds East for a distance of 305.75 feet; thence North 16 degrees 16 minutes 18 seconds East for a distance of 572.37 feet; thence along a curve to the left having a radius of 30.00 feet and an arc length of 60.48 feet, being subtended by a chord of North 39 degrees 46 minutes 35 seconds West for a dis- tance of 50.74 feet; thence North 82 degrees 28 minutes 14 seconds East for a distance of 122.93 feet to the point of begin- ning. Page 10 - Article 42 Together with and subject to covenants, easements, and restric- tions of record, or take any action in relation thereto. SPONSOR: Board of Selectmen ARTICLE 42 - Vote Move the Town vote to accept Ware Street as shown on a plan en- titled "Ware Street Prepared for the Town of Mansfield" dated July 1, 1992, by Hutchins - Trowbridge, 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 ap- propriate to create such public way. Vote declared unanimously in favor by Moderator - Show of hands Reconsideration failed A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the May 2, 1994 session of the April 4, 1994 Annual 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 45 To see if the Town will vote to accept Dustin Court within the Dustin Estates subdivision and related drainage, water and utility easements as shown on the "As-Built Plan of Dustin Court station 0+0 to end" prepared by RIM Engineering Co., Inc., dated December 9, 1993, as a public way and to authorize the Board of Selectmen to acquire by gift, purchase, or eminent domain an in- terest in land as may be necessary or appropriate to create such public way. Said roadway and related easements are more specifi- cally described as follows: Beginning at a concrete bound on the southwesterly sideline of East Street, said bound being at the northeast end of a stone wall that is the property line between the former Dustin and Spier properties. Thence running counterclockwise along an arc with a radius of 30.00 feet and a length of 53.41 feet to a point of tangency; thence running S44-57-48W for a distance of 61.00 feet to a point of curvature; thence running clockwise along an arc with a radius of 175.00 feet and a length of 111.52 feet to a point of tangency; thence running S81-28-27W for a distance of 69.81 feet to a point of curvature; thence running counterclock- wise along an arc with a radius of 30.00 feet and a length of 27.40 feet to a point of reverse curvature; thence running clock- wise along an arc with a radius of 60.00 feet and a length of 298.10 feet to a point of reverse curvature; thence running coun- terclockwise along an arc with a radius of 30.00 feet and a length of 27.40 feet to a point of tangency; thence running N81- 28-27E for a distance of 69.81 feet to a point of curvature; thence running counterclockwise along an arc with a radius of 125.00 feet and a length of 79.65 to a point of tangency; thence running N44-57-48E for a distance of 84.38 feet to a point of curvature; thence running counterclockwise along an arc with a radius of 30.00 feet and a length of 40.84 feet to a point of the southwesterly sideline of - Page 2 - Article 45 East street; thence reversing direction and running by the south- westerly sideline of East street S33-02-12E to a distance of 112.46 feet to the point of beginning. DRAINAGE EASEMENT FOR DUSTIN COURT DRAINAGE Beginning at a point on the sideline of Dustin Court, said point being 165.41 feet along the arc of the sixth course in the above roadway description. Thence running S81-16-46W for a distance of 296.66 feet to a point; thence running N43-39-10E for a distance of 127.88 feet to a point; thence running N29-13-14W for a dis- tance of 71.50 feet to a point, the last two courses being by the land of the Town of Mansfield; thence running by the land of Wen- dell Jackson N81-18-46E for a distance of 165.00 feet to a point; thence running S08-43-14E for a distance of 115.04 feet to a point; thence running N81-16-46E for a distance of 85.06 feet to a point on the westerly sideline of Dustin Court; thence running counterclockwise along an arc with a radius of 60.00 feet and a length of 36.42 feet to the point of beginning. Both roadway and drainage easement are shown on a plan entitled: Plan and Profile of Dustin Court in Dustin Estates, a subdivision in Mansfield, MA Scale: Hor 1" = 40' Vert: 1" = 4', dated Decem- ber 9, 1993 as prepared by RIM Engineering Co., Inc., 150 North Main Street, Mansfield, MA 02048, or take any action in relation thereto. SPONSOR: Planning Board ARTICLE 45 - Vote Move the Town vote to accept Dustin Court within the Dustin Es- tates SUbdivision and related drainage, water and utility ease- ments as shown on the "As - Built Plan of Dustin Court Station 0+0 to end" prepared by RIM Engineering Co., Inc., dated December 9, 1993, 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. Vote declared unanimously in favor by Moderator - Show of hands A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the May 2, 1994 session of the April 4, 1994 Annual 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 46 To see if the Town will vote to accept Erick Road and related drainage, water and utility easements as shown on the "As-Built Plan of Erick Road Station 0+00 to 9+00" prepared by Tilton and Associates, dated October 25, 1993, 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 ap- propriate to create such public way. Said roadway and related easements are more specifically described as follows: ERICK ROAD A certain parcel of land known as Erick Road, in the Town of Mansfield, in the County of Bristol, Commonwealth of Mas- sachusetts, bounded and described as follows: Beginning at a drill hole in a concrete bound set on the easterly sideline of Stearns Avenue; thence running N360 03' 02"E a dis- tance of fifty-seven and fifty hundredths feet (57.50') to a point on the centerline of Erick Road at centerline station zero plus seventeen and fifty hundredths feet (0 + 17.50'); thence running N360 44' 55"E a distance of fifty-one and thirty-seven hundredths feet (51.37') to a railroad spike in the root of a 14" pine tree found, being a point of curvature, the previous two (2) courses abutting the easterly sideline of stearns Avenue; thence running Southeasterly and curving to the left along the arc of a curve having a radius of twenty-five and zero hundredths feet (25.00'), a length of thirty-nine and twenty-seven hundredths feet (39.27'), and a central angle of ninety degrees zero minutes zero seconds (900 00' 00") to a drill hole in a concrete bound set, being a point of curvature; thence running Southeasterly and curving to the left along the arc of a curve having a radius of Page 2 - Article 46 two hundred sixty-four and ninety-two hundredths feet (264.92'), a length of one hundred thirty-four and thirteen hundredths feet (134.13') , and a central angle of twenty-nine degrees zero minutes thirty seconds (290 00' 30") to a drill hole in a con- crete bound set opposite centerline station one plus ninety and ninety-eight hundredths feet (1 + 90.98'); thence running S820 57' 28"E a distance of seven hundred nine and two hundredths feet (709.02') to a point opposite centerline station nine plus zero and zero hundredths feet (9 + 00.00'), the previous three (3) courses abutting land now or formerly of Kelleher, Lots 2 and 3, and being the northerly sideline of Erick Road; thence running S070 02' 32"W a distance of fifty-five and zero hundredths feet (55.00') to a point opposite centerline station nine plus zero and zero hundredths feet (9 + 00.00'), said course abuttin~ the westerly limit of Erick Road as accepted; thence running N82 57' 28"W a distance of seven hundred nine and two hundredths feet (709.02') to a drill hole in a concrete bound set, being a point of curvature opposite centerline station one plus ninety and ninety-eight hundredths feet (1 + 90.98'); thence running Northwesterly and curving to the right along the arc of a curve having a radius of three hundred ten and ninety-hundredths feet (310.90'), a length of one hundred fifty-seven and forty-one hundredths feet (157.41'), and a central angle of twenty-nine de- grees zero minutes and thirty seconds (29 00' 30") to a drill hole in a concrete bound set, being a point of curvature opposite centerline station zero plus forty seven and fifty hundredths feet (0 + 47.50'); thence running Southwesterly and curving to the left along the arc of a curve having a radius of thirty and zero hundredths feet (30.00'), a length of forty-seven and twelve hundredths feet (47.12'), and a central angle of ninety degrees zero minutes zero seconds (900 00' 00") to the true point and place of beginning, the previous three (3) courses abutting lots 10 and 1 and being the southerly sideline of Erick Road. The above described parcel of land is more particularly shown as Erick (55' width) Road on a plan entitled: liAs-Built Plan of Land in Mansfield, Massachusetts, prepared for Construction Management Specialists, Inc., dated October 25, 1993, scale As Noted, Dwg. No.1, prepared by Tilton and Associates, Inc. II to be filed herewith, or take any action in relation thereto. SPONSOR: Planning Board "'II ",. Page 3 - Article 46 ARTICLE 46 - Vote Move the Town vote to accept Erick Road and related drainage, water and utility easements as shown on the liAs - Built Plan of Erick Road station 0+0 to 9+00" prepared by Tilton and As- sociates, dated October 25, 1993, 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 ap- propriate to create such a public way. Vote declared unanimously in favor by Moderator - Show of hands A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the May 2, 1994 session of the April 4, 1994 Annual 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 58 To see if the Town will vote to accept Trowbridge Lane within the Trowbridge Woods subdivision and related drainage, water and utility easements as shown on the liAs-Built Plan of Trowbridge Lane Station 0+0 to end" prepared by Hutchins-Trowbridge As- sociates, Inc., dated September 16, 1988, 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 ap- propriate to create such public way. Said roadway and related easements are more specifically described as follows: TROWBRIDGE LANE Beginning at the northwest corner of Trowbridge Lane, said point being located on the easterly sideline of Tremont Street; Thence running S86-34-57E 310.48 feet to a point of curvature; thence running counter-clockwise by a curve with a radius of 30.00 feet for a length of 27.40 feet to a point of reverse curvature; thence running clockwise by a curve with a radius of 60.00 feet for a length of 298.10 feet to a point of reverse curvature; thence running counter-clockwise by a curve with a radius of 30.00 feet for a length of 27.40 feet to a point of tangency; thence running N86-34-57W 239.20 feet to a point of curvature; thence running counter-clockwise by a curve with a radius of 65.00 feet for a length of 105.18 feet to a point on the easterly sideline of Tremont Street; thence running NOO-42-17E 83.19 feet; thence running NOO-34-58W 32.44 feet; thence running NOO-02-02E 2.62 feet to the point of beginning. The previous three courses are along the easterly sideline of Tremont Street. - Page 2 - Article 58 CORNER ROUNDING EASEMENT Beginning at the southwest corner of lot 1, Thence running NOO- 02-02E 51.84 feet; thence running counter-clockwise by a curve with a radius of 55.00 feet for a length of 83.15 feet; thence running N86-34-57W 51.84 feet to the point of beginning. DRAINAGE EASEMENT, LOT 2 Beginning at the southwest corner of lot 2, Thence running N09- 19-32E 15.00 feet; thence running S86-34-57E 80.00 feet; thence running S09-19-32W 15.00 feet; thence running N86-34-57W 80.00 feet along the northerly sideline of Trowbridge Lane to the point of beginning. DRAINAGE EASEMENT, LOT 7 Beginning at the northeast corner of said easement, said point being located N86-34-57W 67.00 feet from the northeast corner of lot 7; Thence running S03-25-03W 15.00 feet; thence running N86- 34-57W 80.00 feet; thence running N03-25-03W 8.23 feet; thence running counter-clockwise by a curve with a radius of 65.00 feet for a length of 29.93 feet; thence running S86-34-57E 51.12 feet along the southerly sideline of Trowbridge Lane. DRAINAGE EASEMENT, LOT 3/4 Beginning at the northwest corner of said easement, said point being on the northeasterly sideline of Trowbridge Lane; Thence running N71-57-50E 149.00 feet; Thence running S18-02-10E 20.00 feet; thence running S71-57-50W 132.00 feet; thence running counter-clockwise by a curve with a radius of 60.00 feet for a length of 26.46 feet to the point of beginning. Said easements and roadway are shown on Trowbridge Woods, A definitive SUbdivision by Hutchins-Trowbridge Associates, Inc., Last revised September 16, 1988, or take any action in relation thereto. SPONSOR: Planning Board Page 3 - Article 58 ARTICLE 58 - Vote Move the Town vote to accept Trowbridge Lane wi thin the Trowbridge Woods subdivision and related drainage water and utility easements as shown on the liAs-Built Plan of Trowbridge Lane station 0+0 to end" prepared by Hutchins-Trowbridge, As- sociated, dated September 16, 1988, 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 ap- propriate to create such a public way. Vote declared unanimously in favor by Moderator - Show of hands A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the May 2, 1994 session of the April 4, 1994 Annual 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 59 To see if the Town will vote to accept Van Gemert Drive within the Van Gemert Drive subdivision and related drainage, water and utility easements as shown on the "As-Built Plan of Van Gemert Drive Station 0+0 to end" prepared by Hutchins-Trowbridge As- sociates, dated October 19, 1993, 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 ap- propriate to create such public way. Said roadway and related easements are more specifically described as follows: VAN GEMERT DRIVE Beginning at the northwest corner of said roadway at a point on the easterly sideline of Mill street; Thence running N63-46-40E 76.16 feet to a point of curvature; thence running clockwise by curve with a radius of 175.00 feet for a length of 38.42 feet to a point of tangency; thence running N76-21-30E 436.23 feet to a point of curvature; thence running counter-clockwise by a curve with a radius of 30.00 feet for a length of 27.40 feet to a point of reverse curvature; thence running clockwise by a curve with a radius of 60.00 feet for a length of 298.10 feet to a point of reverse curvature; thence running counter-clockwise by a curve with a radius of 30.00 feet for a length of 27.40 feet to a point of tangency; thence running S76-21-30W 436.23 feet to a point of curvature; thence running counter-clockwise by a curve with a radius of 125.00 feet for a length of 27.45 feet to a point of tangency; thence running S63-46-40W 80.77 feet to a point on the easterly sideline of Mill Street; thence running N20-57-42W 50.21 feet along the easterly sideline of Mill Street to the point of beginning. Page 2 - Article 59 CORNER ROUNDING EASEMENT A Beginning at the southwest corner of lot 1, Thence running N20- 57-42W 26.89 feet along the easterly sideline of Mill street; thence running N25-56-13W 3.37 feet along the easterly sideline of Mill street; thence running counter-clockwise by a curve with a radius of 30.00 feet for a length of 47.27 feet. Thence run- ning S63-46-40W for a length of 32.48 feet along the northerly sideline of Van Gemert Drive to the point of beginning. CORNER ROUNDING EASEMENT B Beginning at the northwest corner of lot 8, Thence running N63- 46-40E 27.37 feet along the southerly sideline of Van Gemert Drive; thence running counter-clockwise by a curve with a radius of 30.00 feet for a length of 44.37 feet to a point on the eas- terly sideline of Mill Street; thence running N20-57-42W 27.37 feet along the easterly sideline of Mill Street to the point of beginning. WATERMAIN AND DRAINAGE EASEMENT Beginning at a point on the easterly sideline of Van Gemert Drive, Thence running N68-58-35E 102.56 feet; thence running N62-32-17E 108.00 feet; thence running S27-27-43E 110.00 feet; thence running S62-32-17W 108.00 feet; thence running N27-27-43W 63.40 feet; thence running S82-24-33W 115.86 feet to a point on the easterly sideline of Van Gemert Drive; thence running counter-clockwise by a curve with a radius of 60.00 feet for a length of 20.10 feet to the point of beginning, or take any ac- tion in relation thereto. SPONSOR: Planning Board ARTICLE 59 - Vote Move the Town vote to accept Van Gemert Drive within the Van Gemert Drive subdivision and related drainage water and utility easements as shown on the liAs-Built Plan of Van Gemert Drive sta- tion 0+0 to end" prepared by Hutchins-Trowbridge, Associates, dated October 19, 1993, 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. "" ~,- Page 3 Article 59 Vote declared unanimously in favor by Moderator - Show of hands A TRUE COPY ATTEST: Judith F. Scott, Town Clerk TO WHOM IT MAY CONCERN: This is to certify that the following is a vote taken at the May 2, 1994 session of the April 4, 1994 Annual 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 71 To see if the Town will vote to accept the following Draft Planned Commercial and Industrial Development By-Law: 5.0 Special provisions and Permits 5.10 Planned Commercial and Industrial Development 5.10.1 Purpose 5.10.1.1 To promote an alternative development option to the traditional commercial/industrial subdivision. 5.10.1.2 To promote a more efficient use of land in harmony with its neighborhood setting and natural features, if ap- plicable. 5.10.1.3 To allow for a more private sector control of the ac- cess roadway, lighting and drainage, thus saving the Town the Maintenance expense and future repair costs. 5.10.1.4 To guide development consistent with the Town's Master Plan. 5.10.1.5 To permit greater flexibility and more attractive design of the commercial developments and minimize potential adverse environmental conditions, such as noise or pollution. 5.10.1.6 To reduce negative impacts of multiple curb cuts on flow of traffic and to enhance public safety by eliminating multiple curb cuts when possible. Page 2 - Article 71 5.10.1.7 To better managed phased development of site. 5.10.1.8 To allow total square feet to be arranged in a number of buildings and various locations on site. 5.10.1.9 To allow a mixture of uses on a single parcel of land, as provided for in M.G.L. Chapter 40A, section 9. 5.10.2 Applicability 5.10.2.1 The Planning Board may grant a special permit for the construction of a cluster commercial and/or industrial development in the following zoning districts: Business 2 Business 3 Industrial 1 5.10.2.2 The Planning Board approval of a special permit hereunder shall substitute for compliance with the Sub- division Control Act. 5.10.3 Special Permit Consideration In issuing a special permit, the board shall take the following into consideration: a. That the plan is superior to a conventional development plan in the context of traffic flow, internal building lay-out, and utility; b. That the project will not adversely affect the existing neighborhood, particularly the abutters; c. Impact on the health, safety, convenience, general welfare, and amenities of the inhabitants of the Town; d. Effects on adjoining premises, neighborhood character, and social structure; e. Vehicular and pedestrian traffic convenience, safety and adequacy, including an assessment of movement within the site and in relation to adjacent streets, properties and improvements; f. Adequacy of municipal facilities and services, including but not limited to, fire and police protection, water provisions, and wastewater disposal; g. Effects on the natural environment; Page 3 - Article 71 h. Fiscal impacts, including effect on the tax and employment base, municipal finances, and property values. 5.10.4 Minimum Tract Size The applicant shall have a tract size in single or consolidated ownership at the time of application that is no less than: Business 2 - Business 3 - 1.5 acres Industrial 1 - 4.0 acres 5.10.5 Permitted Uses All permitted uses listed in Principal Use Regulations in the un- derlying district may be permitted in the Planned Commercial and Industrial Development. 5.10.6 Permitted Density The maximum amount of building floor area shall not exceed what could be placed on the property under a traditional development scheme. Said floor area may be arranged in a number of buildings sited in various locations on the parcel. 5.10.7 Dimensional Regulations and Development Standards In a Planned Commercial and Industrial Development the following shall apply: 5.10.7.1 All building(s) shall comply with the dimensional regulations as enumerated in sections 4.2, 4.3 and 4.4 5.10.7.2 It is permitted that a Planned Commercial and In- dustrial Development parcel may remain in singular ownership even though separate buildings may be con- structed on the parcel. Alternatively, individual buildings may be sold under the concept of a con- dominium. Should applicant, at time of SUbmission, in- tent to convey individual units or exclusive use areas, the applicant shall supply the following: a. The ownership or beneficial interest in the cor- poration, organization or trust of each owner of a structure in the cluster development and a provision that such ownership or beneficial interest shall be ap- purtenant to the structure to which it relates and may not be conveyed or encumbered separately therefrom. Page 4 - Article 71 b. provisions for the number, term of office, and the manner of election to office, removal from office and the filling of vacancies in the office of directors and/or officers of the corporation or organization or trustees of the trust. c. Procedures for the conduct of the affairs and business of the corporation, organization or trust in- cluding provision for the calling and holding of meet- ings of members and directors and/or officers of the corporation or organization or beneficiaries and trustees of the trust and provision for quorum and voting requirements for action to be taken. Each owner of a structure shall have voting rights proportional to his ownership or beneficial interest in the corpora- tion, organization or trust. d. provision for the management, maintenance, opera- tion, improvement and repair of the common areas and facilities thereon, including provisions for obtaining and maintaining adequate insurance and levying and col- lecting from the building owners common charges to pay for expenses associated with the common areas, includ- ing real estate taxes. It shall be provided that com- mon charges are to be allocated among the structure owners in proportion to their ownership or beneficial interests in the corporation, organization, trust, that each owner's share of the common charge shall be a lien against this real estate which shall have priority over all other liens with the exception of municipal liens and first mortgages of record. e. The method by which such instrument or instruments may be amended. 5.10.8 Improvements The Planning Board may require that all streets, access drives, driveway areas, drainage, water systems, sewerage utilities, grading and other improvements be made in accordance with the rules and regulations governing the subdivision of land in the Town of Mansfield. The Planning Board may also require a perfor- mance bond for the proper installation of all improvements. other Restrictions -- The approved plan of the Planned Commercial and Industrial Development shall contain statements indicated by the following: that the land lies within an approved Planned Commercial and Industrial Development; that development of the Page 5 - Article 71 land is permitted only in accordance with the land uses indicated thereon; that the Town will not be requested to accept or main- tain the private access, drainage, open space, common areas, or any other improvements within the compound. Further, all deed restrictions with respect to ownership, use and maintenance or permanent open space shall be referenced on, and recorded with, the plan. 5.10.10 Application Procedures 1. Pre-Application Review encouraged 2. Preliminary plan a. To determine square footage b. to examine the planned layout (traffic pattern, access, parking) 3. Application Forms a. Three (3) completed copies of the appropriate site plan application. b. The original and eleven (11) blueline prints of the site plan at a scale of 1" = 40'; c. The following items must be included on the site plan: d. The proposed name of the development, names and ad- dresses of the applicant, owners an designers of the plan, date and north arrow. ~. site boundary, dimension of the lot(s), plat and lot numbers, and zoning district. f. stamp of the registered civil engineer and registered land surveyor who prepared the plan. g. Topography (two-foot contours), slopes, kettle holes, and bedrock outcrops. h. size (in square feet) and dimension of existing and proposed structures and buildings. - ~- Page 6 - Article 71 i. Location of any existing structures and uses, driveways, driveway openings, parking spaces, hydrants, and service and loading areas located on or within one hundred (100) feet of the development site. j. Location on any drainage swales, wetlands, streams, ponds, and Water Supply Protection Districts on or within two hundred (200) feet of the site. k. Accurate locations and dimensions of vehicular driveway entrances and exits, fire lanes, pedestrian walkways, bikeways, and other transportation routes, signs, hydrants, and methods of screening refuse and service facilities. I. Names and accurate location of any public or private ways abutting the property. m. Names of all abutting property owners. n. Information on the percentage of lot covered by struc- tures, parking areas, wetlands, and the amount of remaining open space. o. Detailed parking and traffic circulation plan. p. In the Industrial districts, detailed grading, drainage, and erosion control plans designed to the one hundred (100) year frequency storm. All drainage pipes shall be sized to accommodate the twenty-five (25) year frequency storm. In all other districts detailed grad- ing, drainage and erosion control plans shall be designed to conform to standard engineering practice. q. Detailed landscaping and outside lighting plan. r. utility plan. s. Locus plan at 1" = 1,000'. t. All facilities for sewage, refuse, and other waste dis- posal. u. Such other information as may be required by the Plan- ning Board or its agent which is pertinent to the ap- plication before the Board. v. The original and eleven (11) copies of the development application and plans shall be submitted to the Town Clerk, who shall give the applicant a dated receipt. Page 7 - Article 71 within three (3) days of receipt of said application, the Town Clerk shall transmit the original and eight (8) copies to the Planning Board, one (1) copy each to the Board of Health, Building Inspector, and Conserva- tion Commission. w. The Planning Board shall hold a Public Hearing on said application and shall consider the recommendations of the Board of Health, Town Engineer, Conservation Agent, Building Inspector, and other Town professionals or agencies if such information is submitted as part of the transcript of the public hearing. The public hear- ing shall be held in accordance with Chapter 40A of the Massachusetts General Laws. x. No special permit shall be approved until the desig- nated special permit granting authority has determined that the application and plans meet the submission and technical requirements of this bylaw as well as the following criteria: y. Promotion of health, safety, convenience, general wel- fare and amenities of the inhabitant of the Town. z. Protection of adjoining premises and general neigh- borhood from any detrimental use of the tract or lot. aa. Convenience, safety and adequacy of vehicular and pedestrian traffic and movement within the site and in relation to adjacent streets, properties, or improvements. bb. Adequacy of all other municipal facilities relative to fire and police protection and other municipal services to meet with the needs of the proposed development. cc. Approval of a Special Permit by the designated granting authority will be interpreted as a positive recommendation to the Building Inspector insofar as site Plan Review is concerned. 4. Fees Application fee for a Planned Commercial and Industrial Develop- ment will be the same as a special permit application, or $350 plus 1.5 C per square foot, or take any action in relation thereto. BY PETITION: Paul Folkman 190 Winter street Page 8 - Article 71 ARTICLE 71 - Vote Move the Town vote to accept the following Planned Commercial and Industrial Development By-Law: 5.0 Special provisions and Permits 5.10 Planned Commercial and Industrial Development 5.10.1 Purpose 5.10.1.1 To promote an alternative development option to the traditional commercial/industrial subdivision. 5.10.1.2 To promote a more efficient use of land in harmony with its neighborhood setting and natural features, if applicable. 5.10.1.3 To allow for private sector control of the access roadway, lighting and drainage, thus saving the Town the Maintenance expense and future repair costs. 5.10.1.4 To guide development consistent with the Town's Master Plan. 5.10.1.5 To permit greater flexibility and more attractive design of the commercial developments and minimize potential adverse environmental conditions, such as, but not limited to noise or pollution. 5.10.1.6 To reduce negative impacts of multiple curb cuts on flow of traffic and to enhance public safety by eliminating multiple curb cuts when possible. 5.10.1.7 To better manage phased development of site. 5.10.1.8 To allow total square feet to be arranged in a number of buildings and various locations on site. 5.10.1.9 To allow a mixture of uses on a single parcel of land, as provided for in M.G.L. Chapter 40A, Section 9. 5.10.2 Applicability 5.10.2.1 The Planning Board may grant a special permit for the construction of a cluster commercial and/or industrial development in the following zoning districts: Business 3 Industrial 1 Industrial 2 Page 9 - Article 71 5.10.2.2 The Planning Board approval of a special permit hereunder shall substitute for compliance with the Subdivision Control Act. 5.10.3 Special Permit Consideration d. e. f. g. h. 5.10.4 In issuing a special permit, the board shall take the following into consideration: a. That the plan is superior to a conventional development plan in the context of traffic flow, internal building lay-out, and utility; b. That the project will not adversely affect the existing neighborhood, particularly the abutters; c. Impact on the health, safety, convenience, general wel- fare, and amenities of the inhabitants of the Town; Effects on adjoining premises, neighborhood character, and social structure; Vehicular and pedestrian traffic convenience, safety and adequacy, including an assessment of movement within the site and in relation to adjacent streets, properties and improvements; Adequacy of municipal facilities and services, includ- ing but not limited to, fire and police protection,water provisions, and wastewater diposal; Effects on the natural environment; Fiscal impacts, including effect on the tax and employ- ment base, municipal finances, and property values. Minimum Tract Size The submission shall contain all contiguous parcels in single or consolidated ownership at the time of application and be no less than: Business 3 - 1.5 acres Industrial 1 - 5.0 acres Industrial 2 - 1.5 acres Page 10 - Article 71 5.10.5 Permitted Uses All permitted uses listed in Principal Use Regulations in the un- derlying district may be permitted in the Planned Commercial and Industrial Development. 5.10.6 Permitted Density The maximum amount of building floor area shall not exceed what could be placed on the property under a traditional development scheme. Said floor area may be arranged in a number of buildings sited in various locations on the parcel. 5.10.7 Dimensional Regulations and Development Standards In a Planned Commercial and Industrial Development the following shall apply: 5.10.7.1 All building(s) shall comply with the dimensional regulations as enumerated in Sections 4.2, 4.3 and 4.4 5.10.7.2 It is permitted that a Planned Commercial and In- dustrial Development parcel may remain in singular ownership even though separate buildings may be con- structed on the parcel. Alternatively , individual buildings may be sold under the concept of a con- dominium. Should applicant, at time of submission, in- tent to convey individual units or exclusive use areas, the applicant shall supply the following: a. The ownership or beneficial interest in the cor- poration, organization or trust of each owner of a structure in the cluster development and a provision that such ownership or beneficial interest shall be ap- purtenant to the structure to which it relates and may not be conveyed or encumbered separately therefrom. b. provisions for the number, term of office, and the manner of election to office, removal from office and the filling of vacancies in the office of directors and/or officers of the corporation or organization or trustees of the trust. c. Procedures for the conduct of the affairs and business of the corporation, organization or trust in- cluding provision for the calling and holding of meet- ings of members and directors and/or officers of the corporation or organization or beneficiaries and Page 11 - Article 71 5.10.8 5.10.9 trustees of the trust and provision for quorum and voting requirements for action to be taken. Each owner of a structure shall have voting rights proportional to his ownership or beneficial interest in the corpora- tion, organization or trust. d. provision for the management, maintenance, opera- tion, improvement and repair of the common areas and facilities thereon, including provisions for obtaining and maintaining adequate insurance and levying and col- lecting from the building owners common charges to pay for expenses associated with the common areas, includ- ing real estate taxes. It shall be provided that com- mon charges are to be allocated among the structure owners in proportion to their ownership or beneficial interests in the corporation, organization, trust, that each owner's share of the common charge shall be a lien against this real estate which shall have priority over all other liens with the exception of municipal liens and first mortgages of record. e. The method by which such instrument or instruments may be" amended. Open Space Open space required in the underlying district shall be required within a planned commercial and industrial development. In addition, in all cases, Section 4.3 Landscaping and Screening, shall apply to planned com- mercial and industrial development. Improvements The Planning Board may require that all streets, access drives, driveway areas, drainage, water systems, sewerage utilities, grading and other improvements be made in accordance with the rules and regulations governing the subdivision of land in the Town of Mansfield. The Planning Board may also require a per- formance bond for the proper installation of all im- provements. Other Restrictions - The approved plan of the Planned Commercial and Industrial Development shall contain statements indicated by the following: that the land lies within an approved Planned Commercial and In dustrial Development; that development of the land is permitted only in accordance with the land uses indi- cated thereon; that the Town will not be requested to accept or maintain the private access, drainage, open space, common areas, or any other improvements within the compound. Further, all deed restrictions with respect to ownership, use and maintenance or permanent open space shall be referenced on, and recorded with, the plan. 5.10.10 Application Procedures 1. Pre-Application Review encouraged 2. Preliminary plan a. To determine square footage b. to examine the planned layout (traffic patern, access, parking) c. conventional preliminary-type subdivision plan 3. Application Forms a. Three (3) completed copies of the appropriate site plan application. b. The original and eleven (11) blueline prints of the site plan at a scale of 1" = 40'; c. The following items must be included on the site plan: d. The proposed name of the development, names and ad- dresses of the applicant, owners an designers of the plan, date and north arrow. e. site boundary, dimension of the lot(s), plat and lot numbers, and zoning district. f. stamp of the registered civil engineer and registered land surveyor who prepared the plan. g. Topography (two-foot contours), slopes, kettle holes, and bedrock outcrops. h. Size (in square feet) and dimension of existing and proposed structures and buildings. i. Location of any existing structures and uses, Page 12 - Article 71 Page 13 - Article 71 driveways, driveway openings, parking spaces, signage, out- side lighting, sewage disposal, dumpster screening, hydrants, and service and loading areas locate on or within two hundred (200) feet of the development site. Driveway open- ings shall be in conformance with Section 4.4.4.9, Entrance/Exit Drive Widths and Location. j. Location on any drainage swales, wetlands, streams, ponds, and Water Supply Protection Districts on or within two hundred (200) feet of the site. k. Accurate locations and dimensions of vehicular driveway entrances and exits, fire lanes, pedestrian walkways, bikeways, and other transportation routes, signs, hydrants, and methods of screening refuse and service facilities. I. Names and accurate location of any pUblic or private ways abutting the property. m. Names of all abutting property owners. n. Information on the percentage of lot covered by structures, parking areas, wetlands, and the amount of remaining open space. o. Detailed parking and traffic circulation plan. p. In the Industrial districts, detailed gradiing, drainage, and erosion control plans designed to the one hundred (100) year frequency storm. All drainage pipes shall be sized to accommodate the twenty-five (25) year frequency storm. In all other districts detailed grading, drainage and erosion control plans shall be designed to conform to standard en- gineering practice. q. Detailed landscaping and outside lighting plan. r. utility plan. s. Locus plan at 1" = 1,000'. t. All facilities for sewage, refuse, and other waste disposal. Page 14 - Article 71 u. Such other information as may be required by the Planning Board or its agent which is pertinent to the application before the Board. v. The original and eleven (11) copies of the development ap- plication and plans shall be submitted to the Town Clerk, who shall give the applicant a dated receipt. within three (3) days of receipt of said application, the Town Clerk shall transmit the original and eight (8) copies to the Planning Board, one (1) copy each to the Board of Health, Building Inspector, and Conservation Commission. w. The Planning Board shall hold a Public Hearing on said ap- plication and shall consider the recommendations of the Board of Health, Town Engineer, Conservation Agent, Building Inspector, and other Town professionals or agencies if such information is submitted as part of the transcript of the public hearing. The public hearing shall be held in accor- dance with Chapter 40A of the Massachusetts General Laws. x. No special permit shall be approved until the designated special permit granting authority has determined that the application and plans meet the submission and technical requirements of this bylaw as well as the following criteria: y. Promotion of health, safety, convenience, general welfare and amenities of the inhabitant of the Town. z. Protection of adjoining premises and general neighborhood from any detrimental use of the tract or lot. aa. Convenience, safety and adequacy of vehicular and pedestrian traffic and movement within the site and in relation to ad- jacent streets, properties, or improvements. bb. Adequacy of all other municipal facilities relative to fire and police protection and other municipal services to meet with the needs of the proposed development. cc. Approval of a Special Permit by the designated granting authority will be interpreted as a positive recommendation to the Building Inspector insofar as site Plan Review is concerned. Page 15 - Article 71 4. Fees Application fee for a Planned Commercial and Industrial Develop- ment will be the same as a special permit application. Voted favorably - standing vote count 111 in favor - 18 opposed A TRUE COPY ATTEST: Judith F. Scott, Town Clerk -