Canton, Massachusetts · Saved source text
2018 Annual Report
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Source page 121
Planning Board
PLANNING BOARD MOTION:
MOVED: That Section 4.1.5, “Table of Dimensional Requirement – Nonresidential Districts” of the Zoning By-Laws be
amended by deleting in its entirety the table and substituting in its place the following:
REQUIRED B LI I
Min. Lot Size 1.5 acres
Lot Width (through the principal building) 200’
Frontage and frontage lot width (ft.) 100’ 100’
Lot Coverage (%) 90 40 50
Front Yard Setbacks 25’1 60’ 60’
Rear Yard Setbacks 6’6 25’7, 8 10’7, 8
Side Yard Setbacks 6’ 25’7 20’7, 8
Accessory Structure Rear Yard Setbacks 3’9 3’9 3’9
Accessory Structure Side Yard Setbacks 3’9 3’9 3’9
(Footnotes 1 through 5 are found in Section 4.1.4.)
6
20’ for residential buildings
7
35’ when rear property line abuts residential district or a lot with a residential building as the primary structure
8
35’ if side yard abuts a railroad right-of-way
9
Only for accessory structures less than 15’ in height
PLANNING BOARD VOTE: 4-0
FINANCE COMMITTEE RECOMMENDATION:
MOVED: The Finance Committee recommends that the motion presented by the Planning Board to Town Meeting
for Article 56 as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, deferred to the Planning Board.
Thomas Scully, Chairperson of the Planning Board, moved Article 56 as printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED VOTE AS MORE THAN TWO-THIRDS
ARTICLE 57
AMEND ZONING BY-LAWS SECTION 8.6.8 “STANDARDS” WITHIN THE FLEXIBLE DEVELOPMENT REQUIREMENTS
Article 57 To see if the Town will vote to amend Section 8.6.8, “Dimensional Regulations” within the “Standards” section of
the Flexible Development Requirements of the Zoning By-Laws by deleting in its entirety the table and substituting in its place the
following:
REQUIRED SRAA SRA SRB
Min. Lot Size (sq. ft.) 20,000 15,000 10,000
Lot width (through the principal dwelling) 50’ 50’ 50’
Frontage and frontage lot width (ft.) 50’ 50’ 50’
Front Yard Setbacks 30’ 30’ 30’
Side Yard Setbacks 15’ 15’ 15’
Common open land% 30 25 20
or to take any other action related thereto.
Planning Board
PLANNING BOARD MOTION:
MOVED: That Section 8.6.8, “Dimensional Regulations” within the “Standards” section of the Flexible Development
Requirements of the Zoning By-Laws be amended by deleting in its entirety the table and substituting in its place the
following:
REQUIRED SRAA SRA SRB
Min. Lot Size (sq. ft.) 20,000 15,000 10,000
Lot width (through the principal dwelling) 70’ 70’ 60’
Frontage and frontage lot width (ft.) 50’ 50’ 50’
Front Yard Setbacks 30’ 30’ 30’
118Source page 122
Side Yard Setbacks 15’ 15’ 15’
Common open land% 30 25 20
PLANNING BOARD VOTE: 4-0
FINANCE COMMITTEE RECOMMENDATION:
MOVED: The Finance Committee recommends that the motion presented by the Planning Board to Town Meeting
for Article 57 as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, deferred to the Planning Board.
Thomas Scully, Chairperson of the Planning Board, moved Article 57 as printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED VOTE AS MORE THAN TWO-THIRDS
ARTICLE 50
AMEND THE ZONING BY-LAWS, TABLE OF USE REGULATIONS, SECTION F, “OFFICE USES”
Article 50 To see if the Town will vote to amend the Zoning By-Laws Section 3.1.4, Table of Use Regulations, Section F
Commercial and Office Uses by changing “N” to “BA” under the LI column in the rows for Business or professional office or agency,
bank or other financial institution and Office of a doctor or dentist not a resident of the premises, or a group of such offices; or to
take any other action related thereto.
Planning Board
PLANNING BOARD MOTION:
MOVED: That Zoning By-Laws Section 3.1.4, Table of Use Regulations, Section F Commercial and Office Uses be
amended by changing “N” to “BA” under the LI column in the rows for Business or professional office or agency, bank
or other financial institution and Office of a doctor or dentist not a resident of the premises, or a group of such offices.
PLANNING BOARD VOTE: 4-1
FINANCE COMMITTEE RECOMMENDATION:
MOVED: The Finance Committee recommends that the motion presented by the Planning Board to Town Meeting
for Article 50 as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, deferred to the Planning Board.
Thomas Scully, Chairperson of the Planning Board, moved Article 50 as printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED VOTE AS MORE THAN TWO-THIRDS
ARTICLE 49
AMEND ZONING BY-LAWS SECTION 6.5.1, “BUSINESS AND LIMITED INDUSTRIAL DISTRICT”
ARTICLE 49 To see if the Town will vote to amend Section 6.5,1, “Business and Limited Industrial District” of the Zoning By-
Laws by deleting in its entirety the section and substituting in its place the following:
6.5.1 Business and Limited Industrial District. In a Business District and in a Limited Industrial District, all uses permitted as of
right or permissible on special permit, and all uses accessory thereto, shall be conducted within a completely enclosed building,
except the following:
1. Uses permitted as of right or permissible on special permit in any General Residence District.
2. The dispensing of food, beverages or goods at a drive-in or stand, where authorized.
3. Accessory outdoor dining area where authorized.
4. The dispensing of fuel, lubricants or fluids at a garage or service station, where authorized.
5. Agricultural and Related Uses as permitted, such as plants growing in the soil.
6. Recreational Uses as permitted, such as golf courses and driving ranges.
7. Automobile parking lots.
8. Exterior signs, as hereinafter permitted.
9. Exterior lights, as hereinafter regulated.
119Source page 123
10. The open display or storage of goods, products, materials or equipment, where accessory to a permitted main use conducted in
a completely enclosed building on the same premises, subject to the condition that the total ground area devoted to such open
use does not exceed twenty-five (25) percent of the ground area covered by said building. In a Limited Industrial District only,
such open display or storage shall, if visible at normal eye level from any point beyond the boundaries of the lot and less than
five hundred (500) feet distant, be completely screened from such view by wall, fences, or landscaping.
Or to take any other action related thereto
Planning Board
PLANNING BOARD MOTION:
MOVED: That Section 6.5,1, “Business and Limited Industrial District” of the Zoning By-Laws be amended by deleting
in its entirety the section and substituting in its place the following:
6.5.1 Business and Limited Industrial District. In a Business District and in a Limited Industrial District, all uses
permitted as of right or permissible on special permit, and all uses accessory thereto, shall be conducted within a
completely enclosed building, except the following:
1. Uses permitted as of right or permissible on special permit in any General Residence District.
2. The dispensing of food, beverages or goods at a drive-in or stand, where authorized.
3. Accessory outdoor dining area where authorized.
4. The dispensing of fuel, lubricants or fluids at a garage or service station, where authorized.
5. Agricultural and Related Uses as permitted, such as plants growing in the soil.
6. Recreational Uses as permitted, such as golf courses and driving ranges.
7. Automobile parking lots.
8. Exterior signs, as hereinafter permitted.
9. Exterior lights, as hereinafter regulated.
10. The open display or storage of goods, products, materials or equipment, where accessory to a permitted main use
conducted in a completely enclosed building on the same premises, subject to the condition that the total ground
area devoted to such open use does not exceed twenty-five (25) percent of the ground area covered by said
building. In a Limited Industrial District only, such open display or storage shall, if visible at normal eye level from
any point beyond the boundaries of the lot and less than five hundred (500) feet distant, be completely screened
from such view by wall, fences, or landscaping.
PLANNING BOARD VOTE: 5-0
FINANCE COMMITTEE RECOMMENDATION:
MOVED: The Finance Committee recommends that the motion presented by the Planning Board to Town Meeting
for Article 49 as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, deferred to the Planning Board.
Thomas Scully, Chairperson of the Planning Board, moved Article 49 as printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 62
VOTE TO RELEASE AN AFFORDABLE HOUSING RESTRICTION
Article 62 To see if the Town will vote to authorize the Board of Selectmen to release the affordable housing restriction held
by the Town on the property known as Unit 21 of the Indian Woods Condominium located at 21 Indian Woods Way, Building 2,
Canton, Massachusetts and recorded at the Norfolk County Registry of Deeds with the deed for such Unit in Book 2372, Page 19; or
to take any other action related thereto.
Board of Selectmen
MOVED: That the subject matter of Article 62 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, moved that the subject matter of Article 62 be postponed indefinitely.
VOTED: POSTPONED INDEFINITELY VOICE VOTE
ARTICLE 59
VOTE TO TRANSFER FUNDS TO THE SOLAR FACILITY STABILIZATION FUND
120Source page 124
Article 59 To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute, or transfer from
available funds or by transfer from Free Cash, a sum of money for the Solar Facility Stabilization Fund, or to take any action related
thereto.
Board of Selectmen
MOVED: That the sum of One Hundred Thousand Dollars ($100,000) be transferred for the Fiscal Year ending
June 30, 2018 from Free Cash (Undesignated Fund Balance) of the Town to the Town Solar Facility Stabilization Fund.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, moved Article 59 as printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
SECOND SESSION
MAY 16, 2018
ARTICLE 58
AMEND ZONING BY-LAWS SECTION 6.1 OFF-STREET PARKING
Article 58 To see if the Town will vote to amend Zoning By-law Section 6.l. Off-Street parking as follows:
6.1.1 Parking Requirements in All Districts. For the line “Detached dwelling unit” delete the words “one space” and
replace with the words “two spaces”
or to take any other action related thereto.
Planning Board
PLANNING BOARD MOTION:
MOVED: That Zoning By-law Section 6.l. Off-Street parking be amended as follows:
6.1.1 Parking Requirements in All Districts. For the line “Detached dwelling unit” delete the words “one space” and
replace with the words “Two spaces”.
PLANNING BOARD VOTE: 4-0
FINANCE COMMITTEE RECOMMENDATION:
MOVED: The Finance Committee recommends that the motion presented by the Planning Board to Town Meeting
for Article 58 as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, deferred to the Planning Board.
Thomas Scully, Chairperson of the Planning Board, moved Article 58 as printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED VOTE AS MORE THAN TWO-THIRDS
ARTICLE 39
AMEND ZONING BY-LAW TO PROHIBIT RECREATIONAL MARIJUANA ESTABLISHMENTS
Article 39 Amend Zoning By-law To Prohibit Recreational Marijuana Establishments
To see if the Town will vote to amend the Zoning By-law as follows to prohibit Recreational Marijuana Establishments in all zoning
districts, or to take any other action relative thereto:
1. By amending Section 11, Definitions, to add a definition of Recreational Marijuana Establishments as follows:
Recreational Marijuana Establishments: All types of marijuana establishments as defined in M.G.L. c. 94G, §1(j), including
marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type
of licensed marijuana-related business, but not including Registered Marijuana Dispensaries as defined in Section 7.7.3 of
this Zoning By-law or Medical Marijuana Treatment Centers as defined in this Section 11 and as defined in Chapter 369 of
the Acts of 2012 and 105 CMR 725.004.
2. By amending the Table of Use Regulations, Section 3.1.4.G, Retail Uses, by adding the following:
121Source page 125
G. Retail Uses SR GR B CB LI I POS
Recreational Marijuana Establishments N N N N N N N
Board of Selectmen
PLANNING BOARD MOTION
MOVED: That the Zoning By-laws be amended as follows to prohibit Recreational Marijuana Establishments in
all zoning districts.
1. By amending Section 11, Definitions, to add a definition of Recreational Marijuana Establishments as follows:
Recreational Marijuana Establishments: All types of marijuana establishments as defined in M.G.L. c. 94G,
§1(j), including marijuana cultivator, independent testing laboratory, marijuana product manufacturer,
marijuana retailer or any other type of licensed marijuana-related business, but not including Registered
Marijuana Dispensaries as defined in Section 7.7.3 of this Zoning By-laws or Medical Marijuana Treatment
Centers as defined in this Section 11 and as defined in Chapter 369 of the Acts of 2012 and 105 CMR 725.004.
2. By amending the Table of Use Regulations, Section 3.1.4.G, Retail Uses, by adding the following:
G. Retail Uses SR GR B CB LI LI(B) I POS
Recreational Marijuana N N N N N N N N
Establishments
If the Town votes to establish a new LI(C) zoning district pursuant to a vote on Article 21 of this Warrant, then such
Table of Use Regulations shall be further amended to add and insert after the LI(B) district a column for the LI(C)
zoning district as follows:
G. Retail Uses SR GR B CB LI LI(B) LI(C) I POS
Recreational N N N N N N N N N
Marijuana
Establishments
PLANNING BOARD VOTE: 5-0
FINANCE COMMITTEE RECOMMENDATION:
MOVED: The Finance Committee recommends that the motion presented by the Planning Board to Town Meeting
for Article 39 as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, deferred to the Planning Board.
Thomas Scully, Chairperson of the Planning Board, moved Article 39 as printed in the warrant.
Mark Porter, a member of the Board of Selectmen, but speaking as a citizen of Canton moved the following substitute motion:
“That the Town of Canton Zoning Bylaw be amended to extend the Town’s existing temporary moratorium prohibiting the
development and operation of recreational marijuana establishments in Canton in order to allow the town the time to study the
number of marijuana establishments to allow in Town, and/or the time for the town to decide through public deliberation upon how
to govern the time, place and manner of marijuana establishment operations, as follows:
(a) By replacing the second sentence of Section 7.8.3 of the Zoning Bylaw with “Notwithstanding any provisions of the General
Bylaw or Zoning Bylaw to the contrary, the moratorium shall be in effect through December 31, 2018”
(b) By amending the second sentence of Section 7.8.3 of the Zoning Bylaw set forth in paragraph (a) above by adding at the
end of that sentence the words “and shall hereby be further extended in time in effect through June 30, 2019.”
4.
Fire Chief Charles Doody, Deputy Police Chief Helena Findlen and Planning Board Chairperson Thomas Scully, among others spoke
against the substitute motion.
Substitute motion defeated.
DEFEATED BY SHOW OF HANDS
Main motion to adopt Article 39 as printed adopted.
122Source page 126
100 IN FAVOR, 42 OPPOSED, ARTICLE ADOPTED BY MORE THAN TWO-THIRDS NECESSARY
ARTICLE 40
AMEND THE TOWN’S GENERAL BY-LAW TO PROHIBIT RECREATIONAL MARIJUANA ESTABLISHMENTS
Article 40 To see if the Town will vote to Amend General By-laws To Prohibit Recreational Marijuana Establishments
To see if the Town will vote to amend the General By-laws, Article XIV, Police Regulations, to add a new Section 57, Prohibition of
Recreational Marijuana Establishments as follows, or to take any other action relative thereto:
Section 57. Prohibition of Recreational Marijuana Establishments
(a) No person or entity, corporate or otherwise, shall own or operate in the Town of Canton a Recreational Marijuana
Establishment as defined in subsection (b) of this Section 57.
(b) For purposes of this Section 57, Recreational Marijuana Establishments shall be defined as follows: all types of marijuana
establishments as defined in M.G.L. c. 94G, §1(j), including marijuana cultivator, independent testing laboratory, marijuana
product manufacturer, marijuana retailer or any other type of licensed marijuana-related business, but not including Medical
Marijuana Treatment Centers as defined in Chapter 369 of the Acts of 2012 and 105 CMR 725.004.
(c) Whoever violates this Section 57 shall be punished by a fine of $300.00 for each violation. Each day on which a violation
occurs shall constitute a separate offense. This Section 57 may be enforced by any sworn member of the Town of Canton
Police Department.
Board of Selectmen
MOVED: That the General By-laws be amended by adding a new Section 57 as set forth in the Warrant.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, moved Article 40 as printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED VOTE AS MORE THAN TWO-THIRDS
ARTICLE 41
VOTE TO APPROVE SPECIAL REQUIREMENTS FOR REGISTERED MARIJUANA ESTABLISHMENTS
Article 41 To see if the Town will vote to add Bylaws Section 7.8 in the following form:
7.8 SPECIAL REQUIREMENTS FOR LICENSED MARIJUANA ESTABLISHMENTS - NOT MEDICALLY PRESCRIBED
ESTABLISHMENTS
7.8.1 Purposes
1. To provide for the establishment of Licensed Marijuana Establishments (“LMEs”, in appropriate places and under strict conditions
in accordance with Chapter 55 of the Acts of 2017. An Act To Ensure Safe Access to Marijuana (the “Act”).
2. To minimize the adverse impacts of LMEs on adjacent properties, residential neighborhoods, schools and other places where
children congregate, local historic districts, and other land uses potentially incompatible with said Facilities.
3. To regulate the siting, design, placement, security, safety, monitoring, modification, and removal of LMEs.
7.8.2 Applicability
1. The commercial cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or
dispensing of Marijuana is prohibited unless permitted as a LME under this Section 7.8.
2. No LME shall be established except in compliance with provisions of this Section 7.8.
3. Nothing in this Section 7.8 shall be construed to supersede federal and/or state laws governing the sale and/or distribution of
marijuana.
4. If any provision of this Section 7.8 or the application of any such provision to any person or circumstance shall be held invalid,
the remainder of this Section 7.8, to the extent it can be given effect, or the application of those provisions to persons or
circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this
Section 7.8 are severable.
7.8.3 Definitions. Licensed Marijuana Establishment, as defined by Massachusetts law only, licensed under the Act, includes a
marijuana cultivator, marijuana testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed
marijuana-related business. Marijuana or marihuana, is defined by M.G.L. c. 94G, Section 1, as all parts of any plant of the genus
123Source page 127
Cannabis, not excepted below and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and
every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol
as defined in section 1 of chapter 94C of the General Laws; provided that "Marijuana" shall not include:
(1) The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake made from the
seeds of the plant or the sterilized seed of the plant that is incapable of germination;
(2) Hemp; or
(3) The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or
other products.
7.8.4 Eligible Locations for Marijuana Establishments.
1. Licensed Marijuana Establishments may be allowed by Special Permit from the Canton Zoning Board of Appeals as Special Permit
Granting Authority (“SPGA”) in the Industrial Zoning District provided the facility meets the requirements of this Section 7.8.
7.8.5 General Requirements and Conditions for all Licensed Marijuana
Establishments
1. All LMEs shall be contained within a building or structure.
2. No LME shall have a gross floor area of less than 2,500 square feet or in
excess of 20,000 square feet.
3. An LME shall not be located in a building that contains any medical
doctors’ offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana.
4. The hours of operation of an LME shall be set by the Special Permit
Granting Authority, but in no event shall said LME to open and/or operating
between the hours of 8:00 PM and 8:00 AM.
5. No LME shall be located on a lot which abuts a residential zoning district
or within 500 feet from any residential zone or district, or residential
development. No LME may be located 500 feet from any public or private
school; house of worship; day care center; or park, playground, playfield or
recreation facility or other facility in which children commonly congregate.
6. No smoking, burning or consumption of any product containing marijuana
or marijuana-related products shall be permitted on the premises of an LME.
7. No LME shall be located inside a building containing residential units,
including without limitation transient housing such as motels and dormitories, or inside a movable or mobile structure such
as a van or truck.
8. LMEs shall provide the Canton Police Department, Fire Department, Building Commissioner and the Special Permit Granting
Authority with the names, phone numbers and email addresses of all management staff and key holders who can be
contacted if there are operating problems associated with the establishment.
9. LMEs shall enter into a Host Community Agreement satisfactory to the Board of Selectmen.
7.8.6 Special Permit Requirements
1. An LME shall only be allowed by special permit from the Zoning Board
of Appeals as Special Permit Granting Authority in accordance with G.L. c.
40A, §9, subject to the following requirements, conditions and limitations.
2. A special permit for an LME shall be limited to one or more of the
following uses that shall be prescribed by the Special Permit Granting
Authority: cultivation of Marijuana (horticulture), processing
and packaging of Marijuana, including Marijuana that is in
the form of smoking materials, food products, oils, aerosols, ointments, and
other products; retail sale or distribution of Marijuana;
3. In addition to the application requirements set forth in this Section 7.8 a
special permit application for an LME shall include the following:
a. The name and address of each owner of the LME;
b. Copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any
of its agencies for the LME; including the Cannabis Control Commission, and a license from the Town of Canton
Board of Selectmen.
c. Evidence of the Applicant’s right to use the site for the LME, such as a deed, or lease;
d. If the Applicant is a business organization, a statement under oath disclosing all of its owners, shareholders,
partners, members, managers, directors, officers, or other similarly-situated individuals and entities and their
124Source page 128
addresses. If any of the above entities rather than persons, the Applicant must disclose the identity of the owners
of such entities until the disclosure contains the names and individuals;
e. A certified list of all parties in interest entitled to notice of the hearing for the special permit application, taken
from the most recent tax list of the Town and certified by the Town Assessor;
f. Proposed security measures for the LME, including lighting, fencing, gates and alarms, etc., to ensure the safety of
persons and to protect the premises from theft.
4. Mandatory Findings. The Special Permit Authority shall not issue a special permit for an LME unless it finds that: the Facility
is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest, as defined in G.L.
c. 40A, §11; the Facility demonstrates that it will meet all the permitting requirements of all applicable agencies within the
Commonwealth of Massachusetts and will be in compliance with all applicable state laws and regulations; and the applicant
has satisfied all of the conditions and requirements of this Section 7.8;
5. Annual Reporting. Each LME permitted under this Bylaw shall as a condition of its special permit file an annual report with
the Special Permit Granting Authority and the Town Clerk no later than January 31st, providing a copy of all current
applicable state licenses for the Facility and/or its owners and demonstrate continued compliance with the conditions of the
Special Permit and appear before the SPGA if requested by the SPGA.
6. A special permit granted under this Section shall have a term limited to the duration of the applicant’s ownership of the
premises as an LME. A special permit may be transferred only with the approval of the Special Permit Granting Authority in
the form of an amendment to the special permit with all information required in this Section 7.8.
7. The applicant shall post a bond before issuance of a building permit to cover costs for the removal of the LME in the event
the Town must remove the LME. The value of the bond shall be based upon the ability to completely remove all the items
associated with the LME and properly clean the facility at prevailing wages. The value of the bond shall be developed based
upon the applicant providing the SPGA with three (3) written bids to meet the noted requirements. An incentive factor of
1.5 shall be applied to all bonds to ensure compliance and adequate funds for the Town to remove the LME at prevailing
wages.
7.8.7 Abandonment or Discontinuance of Use
1. A Special Permit shall lapse if not exercised within one year of issuance.
2. An LME shall be required to remove all material, plants equipment and other paraphernalia: prior to surrendering its state
issued licenses or permits; or within six months of ceasing operations; whichever comes first.
Board of Selectmen
PLANNING BOARD MOTION:
MOVED: That the Zoning By-laws be amended to add Section 7.8 in the following form:
7.8 SPECIAL REQUIREMENTS FOR LICENSED MARIJUANA ESTABLISHMENTS NOT MEDICALLY PRESCRIBED
ESTABLISHMENTS
7.8.1 Purposes
1. To provide for the establishment of Licensed Marijuana Establishments ("LMEs", in appropriate places and
under strict conditions in accordance with Chapter 55 of the Acts of 2017. An Act to Ensure Safe Access to
Marijuana (the "Act")
2. To minimize the adverse impacts of LMEs on adjacent properties, residential neighborhoods, schools and other
places where children congregate, local historic districts, and other land uses potentially incompatible with
said Facilities.
3. To regulate the siting, design, placement, security, safety, monitoring, modification, and removal of LMEs.
7.8.2 Applicability
1. The commercial cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade,
distribution or dispensing of Marijuana is prohibited unless permitted as a LME under this Section 7.8.
2. No LME shall be established except in compliance with provisions of this Section 7.8 unless for the conversion
of a medical marijuana treatment center duly licensed or registered not later than July 1, 2017 engaged in the
cultivation, manufacture or sale of marijuana or marijuana products to a marijuana establishment engaged in
the same type of activity under G.L. c. 94G.
3. Nothing in this Section 7.8 shall be construed to supersede federal and/or state laws governing the sale and/or
distribution of marijuana.
4. If any provision of this Section 7.8 or the application of any such provision to any person or circumstance shall
be held invalid, the remainder of this Section 7.8, to the extent it can be given effect, or the application of
those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected
thereby, and to this end the provisions of this Section 7.8 are severable.
7.8.3 Definitions.
125Source page 129
Licensed Marijuana Establishment, as defined by Massachusetts law only, licensed under the Act, includes a marijuana
cultivator, marijuana testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of
licensed marijuana-related business. Marijuana or marihuana, is defined by M.G.L. c. 94G, Section 1, as all parts of any
plant of the genus Cannabis, not excepted below and whether growing or not; the seeds thereof; and resin extracted
from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its
seeds or resin including tetrahydrocannabinol as defined in section 1 of chapter 94C of the General Laws; provided that
"Marijuana" shall not include:
(1) The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any
other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake made
from the seeds of the plant or the sterilized seed of the plant that is incapable of germination;
(2) Hemp; or
(3) The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink
or other products.
7.8.4 Eligible Locations for Marijuana Establishments.
1. Licensed Marijuana Establishments may be allowed by Special Permit from the Canton Zoning Board of Appeals
as Special Permit Granting Authority ("SPGA") in the Industrial Zoning District provided the facility meets the
requirements of this Section 7.8.
7.8.5 General Requirements and Conditions for all Licensed Marijuana Establishments
1. All LMEs shall be contained within a building or structure.
2. No LME shall have a gross floor area of less than 2,500 square feet or in excess of 20,000 square feet.
3. An LME shall not be located in a building that contains any medical doctors' offices or the offices of any other
professional practitioner authorized to prescribe the use of medical marijuana.
4. The hours of operation of an LME shall be set by the Special Permit Granting Authority, but in no event shall
said LME to open and/or operating between the hours of 8:00 PM and 8:00 AM.
5. No LME shall be located on a lot which abuts a residential zoning district or within 500 feet from any residential
zone or district, or residential development, including adjacent municipalities. No LME may be located 500 feet
from any public or private school; house of worship; day care center; or park, playground, playfield or
recreation facility or other facility in which children commonly congregate.
6. No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall
be permitted on the premises of an LME.
7. No LME shall be located inside a building containing residential units, including without limitation transient
housing such as motels and dormitories, or inside a movable or mobile structure such as a van or truck.
8. LMEs shall provide the Canton Police Department, Fire Department, Building Commissioner and the Special
Permit Granting Authority upon request at any time and from time to time with the names, phone numbers and
email addresses of all management staff and key holders who can be contacted if there are operating problems
associated with the establishment.
9. LMEs shall enter into a Host Community Agreement satisfactory to the Board of Selectmen.
7.8.6 Special Permit Requirements
1. An LME shall only be allowed by special permit from the Zoning Board of Appeals as Special Permit Granting
Authority in accordance with G.L. c. 40A, §9, subject to the following requirements, conditions and limitations.
2. A special permit for an LME shall be limited to one or more of the following uses that shall be prescribed by the
Special Permit Granting Authority: cultivation of Marijuana (horticulture), processing and packaging of
Marijuana, including Marijuana that is in the form of smoking materials, food products, oils, aerosols,
ointments, and other products; retail sale or distribution of Marijuana;
3. In addition to the application requirements set forth in this Section 7.8 a special permit application for an LME
shall include the following:
a. The name and address of each owner of the LME;
b. Copies of all required licenses and permits issued to the applicant by the Commonwealth of
Massachusetts and any of its agencies for the LME; including the Cannabis Control Commission, and a
license from the Town of Canton Board of Selectmen.
c. Evidence of the Applicant's right to use the site for the LME, such as a deed, or lease;
d. If the Applicant is a business organization, a statement under oath disclosing all of its owners,
shareholders, partners, members, managers, directors, officers, or other similarly-situated individuals
and entities and their addresses. If any of the above entities rather than persons, the Applicant must
disclose the identity of the owners of such entities until the disclosure contains the names and
individuals;
e. A certified list of all parties in interest entitled to notice of the hearing for the special permit
application, taken from the most recent tax list of the Town and certified by the Town Assessor;
f. Proposed security measures for the LME, including lighting, fencing, gates and alarms, etc., to ensure
the safety of persons and to protect the premises from theft.
4. Mandatory Findings. The Special Permit Authority shall not issue a special permit for an LME unless it finds
that: the Facility is designed to minimize any adverse visual or economic impacts on abutters and other parties
126Source page 130
in interest, as defined in G.L. c. 40A, § 1 l; the Facility demonstrates that it will meet all the permitting
requirements of all applicable agencies within the Commonwealth of Massachusetts and will be in compliance
with all applicable state laws and regulations; and the applicant has satisfied all of the conditions and
requirements of this Section 7.8;
5. Annual Reporting. Each LME permitted under this Bylaw shall as a condition of its special permit file an annual
report with the Special Permit Granting Authority and the Town Clerk no later than January 31st, providing a
copy of all current applicable state licenses for the Facility and/or its owners and demonstrate continued
compliance with the conditions of the Special Permit and appear before the SPGA if requested by the SPCA.
6. A special permit granted under this Section shall have a term limited to the duration of the applicant's
ownership of the premises as an LME. A special permit may be transferred only with the approval of the Special
Permit Granting Authority in the form of an amendment to the special permit with all information required in
this Section 7.8.
7. The applicant shall post a bond before issuance of a building permit to cover costs for the removal of the LME in
the event the Town must remove the LME. The value of the bond shall be based upon the ability to completely
remove all the items associated with the LME and properly clean the facility at prevailing wages. The value of
the bond shall be developed based upon the applicant providing the SPGA with three (3) written bids to meet
the noted requirements. An incentive factor of 1.5 shall be applied to all bonds to ensure compliance and
adequate funds for the Town to remove the LME at prevailing wages.
7.8.7 Abandonment or Discontinuance of Use
1. A Special Permit shall lapse if not exercised within one year of issuance.
2. An LME shall be required to remove all material, plants equipment and other paraphernalia: prior to
surrendering its state issued licenses or permits; or within six months of ceasing operations; whichever comes
first.
PLANNING BOARD VOTE: 4-0
FINANCE COMMITTEE RECOMMENDATION:
MOVED: That the subject matter of Article 41 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, moved that the subject matter of Article 41 be postponed indefinitely.
VOTED: POSTPONED INDEFINITELY VOICE VOTE
ARTICLE 63
VOTE TO ADOPT LOCAL TAX OPTION FOR LOCAL MARIJUANA SALES
Article 63 To see if the Town will vote to accept Section 3 of Chapter 64N of Massachusetts General Laws and impose a local
sales tax upon the sale of marijuana and marijuana products within the Town by any marijuana establishment at a rate of three
percent (3%) of the total sale price received for the sale of all marijuana and marijuana products, effective on July 1, 2018; or to
take any action related thereto.
Board of Selectmen
MOVED: That the subject matter of Article 63 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, moved that the subject matter of Article 63 be postponed indefinitely.
VOTED: POSTPONED INDEFINITELY VOICE VOTE
ARTICLE 42
AMEND ZONING BY-LAWS SECTION 4.2.7 “HOTEL OR MOTEL IN THE LI DISTRICT
Article 42 To see if the Town will vote to amend Section 4.2.7, “Hotel or Motel in the LI District” of the Zoning By-Laws by
deleting in its entirety the section and substituting in its place the following:
4.2.7 Hotel or Motel. A hotel or motel shall be a permitted use by special permit if located on a lot containing not less than 2
acres
Or to take any other action relative thereto.
Planning Board
PLANNING BOARD MOTION:
127Source page 131
MOVED: That Section 4.2.6 of the Zoning By-laws “Hotel or Motel in the LI District” be amended by deleting in
its entirety such section and substituting in its place the following:
4.2.6 Hotel or Motel. A hotel or motel shall be a permitted use by special permit if located on a lot containing not less
than 2 acres in a non-residential zone.
PLANNING BOARD VOTE: 5-0
FINANCE COMMITTEE RECOMMENDATION:
MOVED: The Finance Committee recommends that the motion presented by the Planning Board to Town Meeting
for Article 42 as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, deferred to the Planning Board.
Thomas Scully, Chairperson of the Planning Board, moved Article 42 as printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED VOTE AS MORE THAN TWO-THIRDS
ARTICLE 43
AMEND ZONING BY-LAWS SECTION 11.0 DEFINITIONS OF HOTEL OVERLAY DISTRICT, EXTENDED STAY LODGING,
MOTEL OR HOTEL
Article 43 To see if the Town will vote to amend Zoning By-Laws Section 11.0 as follows:
By deleting the definitions of “Hotel Overlay District, Extended Stay Lodging, and Motel or hotel” and replacing them with the
following:
Hotel or motel: The following definitions shall apply for hotels and motels.
Standard hotel or motel: A building or buildings intended and designed for transient or overnight lodging (excluding
extended stay, see below), divided into separate units within the same building without kitchenette facilities and with or
without a public dining facility. No occupant of such hotel or motel may claim residency at such location.
Extended stay lodging: Hotel, motel, or guest quarters that offer rooms by the day, week, or longer to transient guests,
which rooms contain kitchenette or cooking facilities, and may or may not contain a restaurant within the facility. Such
cooking facilities may include a refrigerator, two (2) burner stoves, without oven, a microwave oven, dishwasher and sink
and other permissible accessory uses authorized by special permit from the Special Permit Granting Authority as set forth
herein. Such units shall not offer extended stay lodging for more than four (4) continuous months, nor may the guest
reoccupy any unit within thirty (30) days of a continuous four (4) month stay, nor may the guest stay more than six (6)
months in any calendar year. No occupant of such hotel or motel may claim residency at such location.
Planning Board
PLANNING BOARD MOTION:
MOVED: That Section 11.0 of the Zoning By-laws be amended by deleting the definitions of “Hotel Overlay
District, Extended Stay Lodging, and Motel or hotel” and replacing them with the following:
Hotel or motel: The following definitions shall apply for hotels and motels.
Standard hotel or motel: A building or buildings intended and designed for transient or overnight lodging
(excluding extended stay, see below), divided into separate units within the same building without kitchenette
facilities and with or without a public dining facility. No occupant of such hotel or motel may claim residency at
such location.
Extended stay lodging: Hotel, motel, or guest quarters that offer rooms by the day, week, or longer to transient
guests, which rooms contain kitchenette or cooking facilities, and may or may not contain a restaurant within
the facility. Such cooking facilities may include a refrigerator, two (2) burner stoves, without oven, a
microwave oven, dishwasher and sink and other permissible accessory uses authorized by special permit from
the Special Permit Granting Authority as set forth herein. Such units shall not offer extended stay lodging for
more than four (4) continuous months, nor may the guest reoccupy any unit within thirty (30) days of a
continuous four (4) month stay, nor may the guest stay more than six (6) months in any calendar year. No
occupant of such hotel or motel may claim residency at such location.
PLANNING BOARD VOTE: 5-0
128Source page 132
FINANCE COMMITTEE RECOMMENDATION:
MOVED: The Finance Committee recommends that the motion presented by the Planning Board to Town Meeting
for Article 43 as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, deferred to the Planning Board.
Thomas Scully, Chairperson of the Planning Board, moved Article 43 as printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 44
AMEND ZONING BY-LAW – HOTEL OVERLAY DISTRICT
Article 44 To see if the Town will vote to amend the Zoning By-laws:
1. By deleting Section 9.5 Hotel Overlay District (HOD) the text of which is being deleted appears below indicated by strike
out.
9.5 Hotel Overlay District (HOD)
9.5.1 Purpose. The purpose of the Hotel Overlay District (HOD) is to:
1. Provide lodging for occupancy by individuals for various periods of time by the day, week, or longer to transient guests as
further defined herein; and
2. Encourage the mix of interactive commercial uses that help to contain traffic within business and industrial areas and by
doing so, limit impacts to residential portions of the community; and
3. Create regulatory procedures for determining appropriate locations for uses defined herein; and
4. Provide for development in a manner that strives to maintain the residential character of nearby neighborhoods while
striving to conserve environmental features, woodlands, wet areas, open space, areas of scenic housing beauty, views and
vistas.
9.5.2 Applicability. The HOD shall be construed as an overlay district. This district may be applied as an overlay district to any
parcel of land, which has been designated by a town meeting vote. All requirements of the underlying zoning district(s) shall remain
in full force and effect, except where the requirements of the HOD are more restrictive or provide for uses or structures not
otherwise available in the underlying district; in such cases, the requirements of the HOD may supersede the underlying zoning
regulations upon the issuance of a special permit from the Planning Board.
9.5.3 Locations and Eligibility. No parcel shall be placed in the HOD unless it contains at least two (2) contiguous upland acres of
land. The location of a HOD shall include all land designated by Town Meeting as being within the HOD, pursuant to Sec. 9.5.2.
9.5.4 Definitions. See Section 11, “Hotel Overlay District.”
9.5.5 Use Restrictions. An HOD, consisting of the uses set forth below, individually or in combination, may be authorized by a
special permit issued by the Planning Board pursuant to this Section and in compliance with the standards set forth herein. Extended
Stay Lodging may also be authorized as defined herein. Structures and uses accessory to the use set forth above including:
underground utilities located on a lot serving the guest quarters; laundry facilities; roadways may also be allowed. A restaurant shall
be allowed in a hotel in a Hotel Overlay District (HOD) upon the issuance of a special permit from the Planning Board.
9.5.6 Application. An application for a special permit for construction within the HOD shall be submitted to the Planning Board on
forms furnished by the Planning Board, accompanied by the fees set forth below, the following information and data, and a
development plan as described below:
1. All of the information required for site plan approval pursuant to Section 10.5;
2. The name(s) and address(es) of the Applicant and all legal and beneficial owners of the site; copies of all instruments,
options, contracts or encumbrances affecting ownership of the development site; and an instrument executed by all persons
owning property within the site consenting to the development of the subject property, as applied for.
3. A proposed development schedule showing the beginning of construction, the rate of construction and development,
including stages, if applicable, and the estimated date of completion.
4. A narrative report prepared by qualified professionals, detailing the impact of the development on the Town's capacity to
furnish services including, but not limited to, roads, water and sanitation.
5. Information regarding the number and kind of units and other structures (including signs) proposed, their location, the
number of units planned, the type of materials to be used in construction, and other projections pertaining thereto.
6. Areas to be set aside for building structures, parking areas, and any easements.
7. A traffic study and all other information that the Planning Board may reasonably require in a form acceptable to it to assist
in determining whether the Applicant's proposed development plan meets the objectives of this Section.
129Source page 133
9.5.7 HOD Coverage. In a Residential District, the Planning Board may approve a HOD with no more than twenty five percent
(25%) lot coverage. In a Business, Industrial or Limited Industrial District, the Planning Board may approve a HOD with no more
than forty percent (40%) lot coverage.
9.5.8 Dimensional Regulations. All dimensions shall comply with the provisions of the lot dimensional regulations of this
subsection. In addition, the applicant shall prepare a Development and Use plan in accordance with design standards submitted and
approved by the Planning Board.
REQUIRED RESIDENTIAL DISTRICTS BUSINESS, INDUSTRIAL,
LIMITED INDUSTRIAL
DISTRICTS
Lot Area Minimum two (2) acres Minimum two (2) acres
Frontage Minimum of two hundred and Minimum of one hundred and
fifty (250) feet of frontage fifty (150) feet of frontage
Lot Width Not less than two hundred Not less than one hundred
(200) feet seventy-five (175) feet
Setback and Side Yard Not less than sixty (60) feet Not less than fifty (50) feet and
and a side yard of not less than a side yard width of not less
twenty-five (25) feet from the than fifteen (15) feet from the
nearest point on any exterior nearest point on any exterior
wall of the building wall of the building
Rear Yard Setback Not less than fifty (50) feet Not less than twenty-five (25)
feet
9.5.9 Height Regulations. No building shall be constructed to exceed forty (40) feet or three (3) stories whichever is the lower.
The Planning Board may grant a special permit to construct a hotel with additional stories and/or height provided it does not exceed
fifty-two (52) feet and that the applicant demonstrates an increase in open space as well as an increase in landscaping over that
which is required under this Zoning By-Law; and further provided that the setback required under Section 4.1 be increased by two
(2) feet for each one (1) foot that the height is increased over forty (40) feet to a maximum of fifty-two (52) feet. Maximum building
height shall be measured as set forth in the State Building Code 780 CMR.
1. Structures erected on a building and not used for human occupancy, such as
chimneys, heating, ventilating or air conditioning equipment, solar or photo-voltaic panels, elevator housings, antennas, skylights,
cupolas, spires, or other such roof structures and the like may exceed the maximum height of building provided that no part of the
structures is more than fifteen feet (15) higher than the upper elevation of the building and the total horizontal coverage of such
structures on the building does not exceed twenty-five (25%) percent.
9.5.10 Buffer. A buffer area of ten (10) feet shall be provided at the perimeter of the HOD. No vegetation in this buffer area will be
disturbed, destroyed or removed, except for normal maintenance. Applicant will file a landscaping plan, prepared by a Landscape
Architect.
9.5.11 Landscaping. The landscaping plan shall strive to be consistent with the requirements of the Section 6.3 in terms of the
percent of the total interior landscape area. The landscaping plan shall be guided by the design principles set out in Section 6.3
inasmuch as it should promote the skillful use of existing topography, landforms and landscaping, including the preservation of
natural landscaping by minimizing tree and soil removal. The landscaping plan shall provide for landscaping and grade changes that
either strengthen or buffer the visual relationship with surrounding areas by providing adequate trees, shrubs, and groundcovers
noted for longevity, low maintenance, attractive appearance, ability to survive and screening ability. It should include the plantings
of evergreens to provide an effective year round buffer between business and residential areas. The Planning Board may reduce the
width of the required buffer and modify other landscaping requirements where the applicant demonstrates that suitable screening
will be provided by other means.
9.5.12 Parking. The applicant shall provide adequate parking to serve all anticipated uses on the property, with information
detailing the method of computation of parking spaces. The applicant shall demonstrate a minimum of one (1) parking space per
unit.
The off-street parking facilities and connecting drives between such facilities and the street shall be designed to ensure the safety
and convenience of persons traveling within or through the parking area and the street. The design standards of the parking areas as
described herein shall be consistent with the design standards under Section 6.1. In addition, applicant shall demonstrate sufficient
off-street loading space to ensure that all loading operations take place off the public way.
9.5.13 Utilities. All on-site services including electric, gas, telephone, and water distribution lines shall be placed underground.
9.5.14 Lighting. All lights and other sources of illumination (whether interior or exterior) and all intense light emanating from
operations or equipment shall be shielded from direct view at normal eye level from streets and residential districts.
9.5.15 Signage. All signs and awnings shall conform to the maximum area, height, number, setback and illumination requirements
set forth in Section 6.3.
130Source page 134
9.5.16 As-Built Plan. Upon completion of all work, and prior to the issuance of occupancy permit, copies of an "As-Built" plan shall
be filed to insure conformity with the rules, regulations, and any conditions imposed as part of the Special Permit granted by the
Planning Board. Such plan shall be signed by a professional engineer and shall show as actually constructed all underground public
and private utility lines including details of structures and appurtenances where appropriate, all service connections and ties to same,
site elevations, grades and slopes, utility invert elevations and pipe slopes, all parking requirements, and any other pertinent data
relative to the approved site. Any alteration, addition, or new construction within the HOD shall comply with the rules and regulations
governing this district, and all subsequent amendments to said design guidelines.
9.5.17 Rules and Regulations. The Planning Board may adopt such rules and regulations as are necessary to administer the terms
of this Section. The Planning Board is authorized to adopt a schedule of reasonable fees to cover the costs associated with this
bylaw. Said fee shall be used to engage professional, technical and/or legal consultants to review an application for a special permit
within the HOD.
9.5.18 Accessibility. The facility will comply with all State and Federal requirements for handicap access.
9.5.19 Municipal Improvements. The Planning Board may require the applicant to make such improvements to the infrastructure
as are reasonably required to develop the land and the hotel in accordance with a joint plan of action.
9.5.20 Public Transportation. Any hotel granted under this Section shall be proximate to public transportation or provide shuttle
for service to nearby public transportation facilities.
9.5.21 Decision. The Planning Board may issue a special permit in the HOD where it finds that the proposed use is in harmony with
the purpose and intent of the bylaw and shall be subject to general or specific provisions set forth herein. Any such permit issued
may also impose reasonable conditions, safeguards and limitations of time and use.
And
2. By renumbering Sections 9.6, 9.7, 9.8, and 9.9 appropriately.
Or to take any other action related thereto.
Planning Board
PLANNING BOARD MOTION:
MOVED: That the Zoning By-laws be amended as follows:
1. By deleting Section 9.5 Hotel Overlay District (HOD) the text of which is being deleted as appears below
indicated by strike out.
9.5 Hotel Overlay District (HOD)
9.5.1 Purpose. The purpose of the Hotel Overlay District (HOD) is to:
5. Provide lodging for occupancy by individuals for various periods of time by the day, week, or longer to
transient guests as further defined herein; and
6. Encourage the mix of interactive commercial uses that help to contain traffic within business and industrial
areas and by doing so, limit impacts to residential portions of the community; and
7. Create regulatory procedures for determining appropriate locations for uses defined herein; and
8. Provide for development in a manner that strives to maintain the residential character of nearby
neighborhoods while striving to conserve environmental features, woodlands, wet areas, open space, areas of
scenic housing beauty, views and vistas.
9.5.2 Applicability. The HOD shall be construed as an overlay district. This district may be applied as an overlay district
to any parcel of land, which has been designated by a town meeting vote. All requirements of the underlying zoning
district(s) shall remain in full force and effect, except where the requirements of the HOD are more restrictive or
provide for uses or structures not otherwise available in the underlying district; in such cases, the requirements of the
HOD may supersede the underlying zoning regulations upon the issuance of a special permit from the Planning Board.
9.5.3 Locations and Eligibility. No parcel shall be placed in the HOD unless it contains at least two (2) contiguous
upland acres of land. The location of a HOD shall include all land designated by Town Meeting as being within the HOD,
pursuant to Sec. 9.5.2.
9.5.4 Definitions. See Section 11, “Hotel Overlay District.”
9.5.5 Use Restrictions. An HOD, consisting of the uses set forth below, individually or in combination, may be
authorized by a special permit issued by the Planning Board pursuant to this Section and in compliance with the
standards set forth herein. Extended Stay Lodging may also be authorized as defined herein. Structures and uses
accessory to the use set forth above including: underground utilities located on a lot serving the guest quarters;
laundry facilities; roadways may also be allowed. A restaurant shall be allowed in a hotel in a Hotel Overlay District
(HOD) upon the issuance of a special permit from the Planning Board.
131Source page 135
9.5.6 Application. An application for a special permit for construction within the HOD shall be submitted to the Planning
Board on forms furnished by the Planning Board, accompanied by the fees set forth below, the following information
and data, and a development plan as described below:
8. All of the information required for site plan approval pursuant to Section 10.5;
9. The name(s) and address(es) of the Applicant and all legal and beneficial owners of the site; copies of all
instruments, options, contracts or encumbrances affecting ownership of the development site; and an
instrument executed by all persons owning property within the site consenting to the development of the
subject property, as applied for.
10. A proposed development schedule showing the beginning of construction, the rate of construction and
development, including stages, if applicable, and the estimated date of completion.
11. A narrative report prepared by qualified professionals, detailing the impact of the development on the Town's
capacity to furnish services including, but not limited to, roads, water and sanitation.
12. Information regarding the number and kind of units and other structures (including signs) proposed, their
location, the number of units planned, the type of materials to be used in construction, and other projections
pertaining thereto.
13. Areas to be set aside for building structures, parking areas, and any easements.
14. A traffic study and all other information that the Planning Board may reasonably require in a form acceptable
to it to assist in determining whether the Applicant's proposed development plan meets the objectives of this
Section.
9.5.7 HOD Coverage. In a Residential District, the Planning Board may approve a HOD with no more than twenty five
percent (25%) lot coverage. In a Business, Industrial or Limited Industrial District, the Planning Board may approve a
HOD with no more than forty percent (40%) lot coverage.
9.5.8 Dimensional Regulations. All dimensions shall comply with the provisions of the lot dimensional regulations of
this subsection. In addition, the applicant shall prepare a Development and Use plan in accordance with design
standards submitted and approved by the Planning Board.
REQUIRED RESIDENTIAL DISTRICTS BUSINESS, INDUSTRIAL,
LIMITED INDUSTRIAL
DISTRICTS
Lot Area Minimum two (2) acres Minimum two (2) acres
Frontage Minimum of two hundred Minimum of one hundred
and fifty (250) feet of and fifty (150) feet of
frontage frontage
Lot Width Not less than two hundred Not less than one hundred
(200) feet seventy-five (175) feet
Setback and Side Yard Not less than sixty (60) feet Not less than fifty (50) feet
and a side yard of not less and a side yard width of not
than twenty-five (25) feet less than fifteen (15) feet
from the nearest point on from the nearest point on
any exterior wall of the any exterior wall of the
building building
Rear Yard Setback Not less than fifty (50) feet Not less than twenty-five
(25) feet
9.5.9 Height Regulations. No building shall be constructed to exceed forty (40) feet or three (3) stories whichever is
the lower. The Planning Board may grant a special permit to construct a hotel with additional stories and/or height
provided it does not exceed fifty-two (52) feet and that the applicant demonstrates an increase in open space as well
as an increase in landscaping over that which is required under this Zoning By-laws; and further provided that the
setback required under Section 4.1 be increased by two (2) feet for each one (1) foot that the height is increased over
forty (40) feet to a maximum of fifty-two (52) feet. Maximum building height shall be measured as set forth in the
State Building Code 780 CMR.
1. Structures erected on a building and not used for human occupancy, such as
chimneys, heating, ventilating or air conditioning equipment, solar or photo-voltaic panels, elevator housings,
antennas, skylights, cupolas, spires, or other such roof structures and the like may exceed the maximum height of
building provided that no part of the structures is more than fifteen feet (15) higher than the upper elevation of the
building and the total horizontal coverage of such structures on the building does not exceed twenty-five (25%)
percent.
9.5.10 Buffer. A buffer area of ten (10) feet shall be provided at the perimeter of the HOD. No vegetation in this buffer
area will be disturbed, destroyed or removed, except for normal maintenance. Applicant will file a landscaping plan,
prepared by a Landscape Architect.
9.5.11 Landscaping. The landscaping plan shall strive to be consistent with the requirements of the Section 6.3 in
132Source page 136
terms of the percent of the total interior landscape area. The landscaping plan shall be guided by the design principles
set out in Section 6.3 inasmuch as it should promote the skillful use of existing topography, landforms and landscaping,
including the preservation of natural landscaping by minimizing tree and soil removal. The landscaping plan shall
provide for landscaping and grade changes that either strengthen or buffer the visual relationship with surrounding
areas by providing adequate trees, shrubs, and groundcovers noted for longevity, low maintenance, attractive
appearance, ability to survive and screening ability. It should include the plantings of evergreens to provide an
effective year round buffer between business and residential areas. The Planning Board may reduce the width of the
required buffer and modify other landscaping requirements where the applicant demonstrates that suitable screening
will be provided by other means.
9.5.12 Parking. The applicant shall provide adequate parking to serve all anticipated uses on the property, with
information detailing the method of computation of parking spaces. The applicant shall demonstrate a minimum of one
(1) parking space per unit.
The off-street parking facilities and connecting drives between such facilities and the street shall be designed to ensure
the safety and convenience of persons traveling within or through the parking area and the street. The design
standards of the parking areas as described herein shall be consistent with the design standards under Section 6.1. In
addition, applicant shall demonstrate sufficient off-street loading space to ensure that all loading operations take place
off the public way.
9.5.13 Utilities. All on-site services including electric, gas, telephone, and water distribution lines shall be placed
underground.
9.5.14 Lighting. All lights and other sources of illumination (whether interior or exterior) and all intense light
emanating from operations or equipment shall be shielded from direct view at normal eye level from streets and
residential districts.
9.5.15 Signage. All signs and awnings shall conform to the maximum area, height, number, setback and illumination
requirements set forth in Section 6.3.
9.5.16 As-Built Plan. Upon completion of all work, and prior to the issuance of occupancy permit, copies of an "As-
Built" plan shall be filed to insure conformity with the rules, regulations, and any conditions imposed as part of the
Special Permit granted by the Planning Board. Such plan shall be signed by a professional engineer and shall show as
actually constructed all underground public and private utility lines including details of structures and appurtenances
where appropriate, all service connections and ties to same, site elevations, grades and slopes, utility invert elevations
and pipe slopes, all parking requirements, and any other pertinent data relative to the approved site. Any alteration,
addition, or new construction within the HOD shall comply with the rules and regulations governing this district, and all
subsequent amendments to said design guidelines.
9.5.17 Rules and Regulations. The Planning Board may adopt such rules and regulations as are necessary to administer
the terms of this Section. The Planning Board is authorized to adopt a schedule of reasonable fees to cover the costs
associated with this bylaw. Said fee shall be used to engage professional, technical and/or legal consultants to review
an application for a special permit within the HOD.
9.5.18 Accessibility. The facility will comply with all State and Federal requirements for handicap access.
9.5.19 Municipal Improvements. The Planning Board may require the applicant to make such improvements to the
infrastructure as are reasonably required to develop the land and the hotel in accordance with a joint plan of action.
9.5.20 Public Transportation. Any hotel granted under this Section shall be proximate to public transportation or
provide shuttle for service to nearby public transportation facilities.
9.5.21 Decision. The Planning Board may issue a special permit in the HOD where it finds that the proposed use is in
harmony with the purpose and intent of the bylaw and shall be subject to general or specific provisions set forth
herein. Any such permit issued may also impose reasonable conditions, safeguards and limitations of time and use.
And
2. By relabeling section 9.5 as “Not used.”
PLANNING BOARD VOTE: 4-0
FINANCE COMMITTEE RECOMMENDATION:
MOVED: The Finance Committee recommends that the motion presented by the Planning Board to Town Meeting
for Article 44 as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, deferred to the Planning Board.
133Source page 137
Thomas Scully, Chairperson of the Planning Board, moved Article 44 as printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 45
AMEND THE ZONING BY-LAWS, TABLE OF USE REGULATIONS, SECTION F, “HOTEL OR MOTEL”
Article 45 To see if the Town will vote to amend the Zoning By-Laws Section 3.1.4, Table of Use Regulations, Section F
Commercial and Office Uses by changing “Y” to “BA” under the CB, LI, LI(B), I columns in the row for Hotel or motel;
or to take any other action related thereto.
Planning Board
PLANNING BOARD MOTION:
MOVED: That Zoning By-laws Section 3.1.4, Table of Use Regulations, Section F Commercial and Office Uses be
amended by changing “Y” to “BA” under the CB, LI, LI(B), I columns in the row for Hotel or motel;
F. Commercial and Office Uses SR GR B CB LI LI(B) I POS
Hotel or motel N N BA BA BA BA BA N
PLANNING BOARD VOTE: 4-0
FINANCE COMMITTEE RECOMMENDATION:
MOVED: The Finance Committee recommends that the motion presented by the Planning Board to Town Meeting
for Article 45 as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, deferred to the Planning Board.
Thomas Scully, Chairperson of the Planning Board, moved Article 45 as printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 46
AMEND ZONING BY-LAWS SECTION 9.4.5, “ITEM 1”
Article 46 To see if the Town will vote to amend Section 9.4.5, “Item 1” of the Zoning By-Laws by deleting in its entirety the
paragraph as follows,
or to take any other action related thereto.
1. Notwithstanding the foregoing, the Planning Board shall be the special permit granting authority solely for the ten parcels totaling
2.7 acres on Royall Avenue as described in Assessors Map 69, Lots 7-16.
Planning Board
PLANNING BOARD MOTION:
MOVED: That Section 9.4.5, “Item 1” of the Zoning By-laws be amended by deleting in its entirety the paragraph as
follows:
1. Notwithstanding the foregoing, the Planning Board shall be the special permit granting authority solely for the ten
parcels totaling 2.7 acres on Royall Avenue as described in Assessors Map 69, Lots 7-16.
PLANNING BOARD VOTE: 5-0
FINANCE COMMITTEE RECOMMENDATION:
MOVED: The Finance Committee recommends that the motion presented by the Planning Board to Town Meeting
for Article 46 as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, deferred to the Planning Board.
Thomas Scully, Chairperson of the Planning Board, moved Article 46 as printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
134Source page 138
ARTICLE 15
INSURANCE PROCEEDS
Article 15 To see whether the Town will vote to appropriate all sums over $150,000 recovered under the terms of any
insurance policy and any other insurance proceeds paid to the Town in connection with any losses suffered by the Town, or to take
any other action related thereto.
Board of Selectmen
MOVED: That the sum of Five Hundred Thousand Dollars ($500,000) be appropriated to be spent by the Chief
Procurement Officer with the approval of the Board of Selectmen in connection with insurance recovery from losses
suffered by the Town and that the sum of Five Hundred Thousand Dollars ($500,000) be transferred from the
Insurance Reimbursement Fund #173 to the Rink Enterprise Capital Account Fund #701.
FINANCE COMMITTEE VOTE: 5-0-0
Robert Barker, Chairperson of the Finance Committee, moved Article 15 as printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
ARTICLE 25
VOTE TO ACQUIRE PROPERTY RIGHTS FOR THE OLD SHEPARD POND DAM PROJECT.
Article 25 To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain
land and easements in all or any portions of those properties known as:
Property Address Town Assessor ID
95 Messinger St. Map 25, Parcel 259
20 Old Shepard St. Map 25, Parcel 262
14 Old Shepard St. Map 25, Parcel 327
281 Washington St. Map 24, Parcel 68
10 Old Shepard St. Map 24, Parcel 69
including but not limited to the paper street known as Drake Lane, for the repair, maintenance and operation of Old Shepard Pond
Dam, including but not limited to perpetual and temporary easements for access, construction activities, grading, sloping, drainage
and installation of rip-rap; to see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute or transfer
from Free Cash and such other available funds, a sum of money for such purposes; to authorize the Board of Selectmen to take any
and all related actions necessary or appropriate to carry out the purposes of this article; or to take any other action related thereto.
Board of Selectmen
MOVED: That the Board of Selectmen be authorized to acquire by gift, purchase and eminent domain land and
easements in all or any portions of those properties known as:
Property Address Town Assessor ID
95 Messinger St. Map 25, Parcel 259
20 Old Shepard St. Map 25, Parcel 262
14 Old Shepard St. Map 25, Parcel 327
281 Washington St. Map 24, Parcel 68
including but not limited to the paper street known as Drake Lane, for the repair, maintenance, and operation of Old
Shepard Pond Dam, including but not limited to perpetual and temporary easements for access, construction activities,
grading, sloping, drainage and installation of rip-rap; and that Thirty Thousand Dollars ($30,000) be appropriated for
such purposes to be spent by the Board of Selectmen and to meet said appropriation that Thirty Thousand Dollars
($30,000) be transferred from Free Cash (Undesignated Fund Balance) in the Treasury of the Town with the intent that
said funds shall be available in FY18.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, moved Article 25 as printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 53
AMEND ZONING BY-LAWS SECTION 4.3.4, “EXCEPTION FOR LI OR I DISTRICTS”
Article 53 To see if the Town will vote to amend Section 4.3.4, “Exception for LI or I Districts” of the Zoning By-Laws by
deleting in its entirety the section and substituting in its place the following,
135Source page 139
Or to take any other action relative thereto:
4.3.4 Exception for LI or I Districts. In a Limited Industrial District or Industrial District, the Board of Appeals may, in a specific
case, issue a special permit to allow a maximum height of fifty-two feet (52') for a building, notwithstanding the height limits
otherwise set forth in Section 4.0, in accordance with the following provisions
1. The maximum height for any building may be increased by one foot for each two feet setback or stepback by which the
required setback otherwise required under Section 4.1; and
2. The maximum increase in allowable height available hereunder shall be twelve feet, so that in no event shall the maximum
height of any building exceed fifty-two feet (52’) (except for non-habitable structures as provided in Section 4.4), and
3. The minimum lot area for any building that exceeds forty (40) feet shall be eight (8) acres, and
4. The provision of this Section 4.3.4 shall not apply to any above grade structured parking
Planning Board
PLANNING BOARD MOTION:
MOVED: That Section 4.3.4, “Exception for LI or I Districts” of the Zoning By-Laws be amended by deleting in its
entirety the section and substituting in its place the following:
4.3.4 Exception for LI or I Districts. In any Limited Industrial Districts or Industrial Districts, the Board of Appeals may,
in a specific case, issue a special permit to allow a maximum height of fifty-two feet (52') for a building,
notwithstanding the height limits otherwise set forth in Section 4.0, in accordance with the following provisions:
1. The maximum height for any building may be increased by one foot for each two feet setback or stepback
otherwise required under Section 4.1; and
2. The maximum increase in allowable height available hereunder shall be twelve feet, so that in no event shall
the maximum height of any building exceed fifty-two feet (52’) (except for non-habitable structures as
provided in Section 4.4), and
3. The minimum lot area for any building that exceeds forty (40) feet shall be eight (8) acres, and
4. The provision of this Section 4.3.4 shall not apply to any above grade structured parking.
PLANNING BOARD VOTE: 4-0
FINANCE COMMITTEE RECOMMENDATION:
MOVED: The Finance Committee recommends that the motion presented by the Planning Board to Town Meeting
for Article 53 as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, deferred to the Planning Board.
Thomas Scully, Chairperson of the Planning Board, moved Article 53 as printed in the warrant.
VOTED: Article 53 is defeated.
DEFEATED BY A SHOW OF HANDS, MODERATOR DECLARED NOT TWO-THIRDS
ARTICLE 6
PERSONAL SERVICE CONTRACTS UNDER THE BOARD OF SELECTMEN
Article 6 To see if the town will vote, to raise and appropriate, transfer from available funds, or transfer from Free Cash, such sums
of money as may be necessary to fund new cost items contained in contracts for personal services with any individual employee, or
take any action related thereto.
Board of Selectmen
MOVED: That the sum of Sixty Thousand Five Hundred Twenty Nine Dollars ($60,529) be raised and
appropriated from the fiscal year 2019 tax levy and other general revenues of the Town in order to fund cost items, not
included in departmental budgets appropriated for fiscal year 2019, to Department #910’s budget for agreements with
individual employees or groups of employees entered into by the Board of Selectmen as may be reached after the
conclusion of this town meeting between the Town of Canton and with individual employees or groups of employees
serving under its jurisdiction, such sums to be allocated to pay for the relevant departments’ payroll expenses from
budget classification Department #910 as determined by the Finance Director.
FINANCE COMMITTEE VOTE: 6-0-0
136Source page 140
Robert Barker, Chairperson of the Finance Committee, moved Article 6 as printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
ARTICLE 18
ADDITIONAL LOCAL APPROPRIATION TO SUPPLEMENT THE COMMONWEALTH’S CHAPTER 90 ROADS PROGRAM
Article 18 To see if the town will vote to raise and appropriate, transfer from Free Cash, transfer from available funds,
transfer from water enterprise surplus (retained earnings), or borrow pursuant to any applicable statute, a sum of money to be spent
by the Board of Selectmen acting as the Board of Public Works to supplement the amount received from the Chapter 90 Roads
Program with improvements done in accordance with improvement specifications as determined by and subject to, the approval of
the Department of Public Works and consistent with locations identified in the Town’s Pavement Management System, or to take any
other action related thereto.
Board of Selectmen
MOVED: That Five Hundred Thousand Dollars ($500,000) be appropriated to be spent by the Board of Selectmen
acting as the Department of Public Works to supplement the amount received from the Chapter 90 Roads Program with
improvements done in accordance with improvement specifications as determined by and subject to the approval of the
Department of Public Works and consistent with locations identified in the Town’s Pavement Management System and
to meet said appropriation Five Hundred Thousand Dollars ($500,000) be transferred from Free Cash (Undesignated
Fund Balance) in the Treasury of the Town with the intent that said funds shall be available in FY18.
FINANCE COMMITTEE VOTE: 5-0-0
Robert Barker, Chairperson of the Finance Committee, moved Article 18 as printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
ARTICLE 9
ADJUST FISCAL ’18 ACCOUNTS
Article 9 To see if the town will vote to increase/decrease or otherwise adjust the appropriations heretofore made for the
Fiscal Year 2018 beginning on July 1, 2017 and ending on June 30, 2018 and the revenues sources to meet those appropriations, as
voted pursuant to Article 59 of the warrant for the 2017 Annual Town Meeting, and to raise and appropriate, transfer from available
funds or transfer from Free Cash to meet any such increases or adjustments, or to take any other action related thereto.
Board of Selectmen
Article 9 - MOTION 1
MOVED: That the sum of Twenty Six Thousand Six Hundred Eighty Dollars ($26,680) be appropriated to the Lt.
Peter M. Hansen Elementary window project by transfer from Free Cash (Undesignated Fund Balance) in the Treasury
of the Town thereby increasing the appropriation voted in Article 27 of the 2012 Annual Town Meeting of Three
Hundred Forty Two Thousand Dollars ($342,000) and the appropriation voted in Article 32 of the 2013 Annual Town
Meeting of Six Hundred Eighty One Thousand Two Hundred Ninety Five ($681,295) from One Million Twenty Three
Thousand Two Hundred Ninety Five Dollars ($1,023,295) to One Million Forty Nine Thousand Nine Hundred Seventy
Five Dollars ($1,049,975) with the intent that said funds shall be available in FY18.
FINANCE COMMITTEE VOTE: 5-0-0
Robert Barker, Chairperson of the Finance Committee, moved Article 9, Motion 1 as printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
Article 9 - MOTION 2
MOVED: That the sum of Twenty Six Thousand Three Hundred Sixty Two Dollars ($26,362) be appropriated to
the William H. Galvin Middle School window project by transfer from Free Cash (Undesignated Fund Balance) in the
Treasury of the Town thereby increasing the appropriation voted in Article 28 of the 2012 Annual Town Meeting of Four
Hundred Eleven Thousand Nine Hundred Fifty Dollars ($411,950) and the appropriation voted in Article 33 of the 2013
Annual Town Meeting of Nine Hundred Nineteen Thousand Three Hundred Twenty Two Dollars ($919,322) from One
Million Three Hundred Thirty One Thousand Two Hundred Seventy Two Dollars ($1,331,272) to One Million Three
Hundred Fifty Seven Thousand Six Hundred Thirty Four Dollars ($1,357,634) with the intent that said funds shall be
available in FY18.
FINANCE COMMITTEE VOTE: 5-0-0
Robert Barker, Chairperson of the Finance Committee, moved Article 9, Motion 2 as printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
137Source page 141
Article 9 - MOTION 3
MOVED: That the sum of One Hundred Ten Thousand Dollars ($110,000) be appropriated to the Employer Share
Health/Life Insurance Budget (Dept. #914/#915) by transfer from Free Cash (undesignated Fund Balance) in the
Treasury of the Town thereby increasing the appropriation voted in Article 59 of the 2017 Annual Town Meeting from
Twelve Million One Hundred Forty Two Thousand One Hundred Seventeen Dollars ($12,142,117) to Twelve Million Two
Hundred Fifty Two Thousand One Hundred Seventeen Dollars ($12,252,117) with the intent that said funds shall be
available in FY18.
FINANCE COMMITTEE VOTE: 5-0-0
Robert Barker, Chairperson of the Finance Committee, moved Article 9, Motion 3 as printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
Article 9 - MOTION 4
MOVED: That the sum of One Hundred Fifty Thousand Dollars ($150,000) be appropriated to the Fire
Department Budget (#220) by transfer from the Ambulance Fund (Fund #170) in the Treasury of the Town thereby
increasing the appropriation voted in Article 59 of the 2017 Annual Town Meeting from Five Million Seven Hundred One
Thousand Thirty One Dollars ($5,701,031) to Five Million Eight Hundred Fifty One Thousand Thirty One Dollars
($5,851,031) with the intent that said funds shall be available in FY18.
FINANCE COMMITTEE VOTE: 5-0-0
Robert Barker, Chairperson of the Finance Committee, moved Article 9, Motion 4 as printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
Article 9 - MOTION 5
MOVED: That the sum of Six Hundred Thousand Dollars ($600,000) be appropriated to the Special Education
Reserve Account (#250) by transfer from Free Cash (Undesignated Fund Balance) in the Treasury of the Town with the
intent that said funds shall be available in FY18.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, moved Article 9, Motion 5 as printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
Article 9 - MOTION 6
MOVED: That the sum of One Hundred Seventy Five Thousand Dollars ($175,000) be appropriated to the Snow
and Ice Budget (Dept. #423) by transfer from Free Cash (Undesignated Fund Balance) in the Treasury of the Town
thereby increasing the appropriation voted in Article 59 of the 2017 Annual Town Meeting from Six Hundred Thousand
Five Hundred Dollars ($600,500) to Seven Hundred Seventy Five Thousand Five Hundred Dollars ($775,500) with the
intent that said funds shall be available in FY18.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, moved Article 9, Motion 6 as printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
ARTICLE 21
VOTE TO AMEND ZONING BY-LAW SECTIONS 2.1 AND 6.0 INDUSTRIAL DISTRICTS BY ADDING “LIMITED INDUSTRIAL
(B)” AND “LIMITED INDUSTRIAL (C)”
Article 21 To see if the Town of Canton will vote to amend the Zoning By-Law of the Town Canton, as most recently
amended, as follows:
1. To amend the map entitled “Zoning Map of Town of Canton”, to place the parcels (Assessors Map 35, Parcel 4, Map 22,
Parcel 1, Map 22, Parcel 2, Map 33, Parcel 4, Map 33, Parcel 5 and Map 34, Parcel 2) shown on the plan entitled “Proposed
Rezoning Exhibit”, prepared by DiPrete Engineering, into the Limited Industrial (C) District.
2. To amend Section 2.1 by adding “Limited Industrial (B)” and “Limited Industrial (C)” under the heading “INDUSTRIAL
DISTRICTS”.
3. To amend Section 6.0 by adding a new Section 6.8 as follows:
6.8 GENERAL PROVISIONS FOR LIMITED INDUSTRIAL (C) DISTRICTS
138Source page 142
6.8.1 Purpose
The Limited Industrial (C) (LI(C)) District has been established to accomplish the following goals:
1. To promote the economic health and stability of the Town by encouraging development and economic investment that will
generate employment and tax revenue.
2. To provide additional planning flexibility for projects.
3. To redevelop underutilized and/or blighted sites.
6.8.2 Applicability
Buildings, structures, lots and uses within the LI (C) District shall be governed by the Zoning By-Law, except as modified by the
provisions of this Section. Where provisions of this Section conflict or are inconsistent with other provisions of the Zoning By-law,
the provisions of this Section shall govern.
In the event of damage or destruction to any buildings or structures originally constructed pursuant to an approval issued hereunder,
such buildings and structures may be rebuilt and restored consistent with the original approval without the requirement of obtaining
any further approvals.
6.8.3 Special Permits and Site Plan Review and Approval
The Board of Appeals is hereby designated as the Special Permit Granting Authority (SPGA) for all purposes with respect to any
proposed projects within the LI (C) District. All special permit applications shall conform to the provisions of this Section 6.8 and the
Board of Appeals’ Rules and Regulations adopted pursuant to M.G.L.c.40A, Section 9 governing the administration of applications for
special permits.
In the LI(C) District, the SPGA may give site plan review and approval in accordance with the procedures provided in Section 10.5.1-
10.5.4, and may grant a special permit in accordance with the procedures provided in Section 10.4.3, for a project that satisfies the
criteria and conditions set out below.
The SPGA may approve an application for site plan review and approval and/or special permit based on a finding that the proposed
project, as submitted or modified prior to its action, is in compliance with the criteria for approval set forth in Section 10.5.5 and
M.G.L.c.40A, Section 9; provided, however, that the SPGA may deny the application for site plan review and approval and/or special
permit if it determines that the effect of the proposed project on the public interest is so intrusive that no reasonable conditions can
be developed to avoid that effect.
The SPGA may in its discretion waive any of the standards and criteria stated in this Section 6.8 or otherwise set forth in this Zoning
By-law if the SPGA finds that such waiver does not derogate from the purposes of such standards and criteria because the proposed
project satisfies the criteria stated in Section 10.5.5 of this Zoning By-Law.
Any special permit or site plan approval granted by the SPGA for a project in the LI (C) District shall lapse 3 years after the grant
thereof, provided such period shall not include such time to pursue or await the determination of an appeal thereof.
6.8.4 Uses
Uses allowed by right in either the Limited Industrial or Limited Industrial (B) Districts shall be allowed by right in the LI (C) District.
Multiple principal or main buildings and uses shall be permitted on a Development Parcel.
In addition, the SPGA may issue a Special Permit for any use(s) within a Development Parcel in the LI (C) District which are allowed
by Special Permit in either the Limited Industrial or Limited Industrial (B) Districts (whether or not such uses are conducted within a
completely enclosed building) including, without limitation, a Hotel use on a Lot of not less than 2.5 acres, as well as any uses,
facilities, amenities and structures accessory to any of the principal uses allowed hereunder within the Development Parcel (whether
at, below, or above grade), including, without limitation, surface parking, below ground or above-ground, structured parking (not to
exceed two levels above grade) and driveways and roadways, serving any principal uses within the Development Parcel.
6.8.5 Density and Dimensional Requirements
The Density and Dimensional Requirements set forth in the below shall apply in the LI (C) District. In the application of the
requirements below, the same shall not be applied to the individual lots or ownership units comprising or within a Development
Parcel, but shall be applied as if the Development Parcel were a single conforming lot, whether or not the Development Parcel is in
single- or multiple-ownership at the time of issuance of a Special Permit or Site Plan Approval or thereafter; provided, however, that
violation of this section by an owner or occupant of a single lot or ownership unit or leased premises within a Development Parcel
shall not be deemed to be a violation by any other owner or occupant within the Development Parcel provided there exists an
organization of owners.
Area, frontage, and bulk Development Parcel5
Minimum Lot Area 10 acres
Minimum Frontage 250 ft.
Maximum Building Coverage 30%
Maximum Building Height 1, 2, 3 70 feet
Minimum Front Setback4 10 feet
Minimum Side Setback4 10 feet
Minimum Rear Setback4 10 feet
139Source page 143
Footnotes:
1. Building heights shall be measured as set forth in the State Building Code 780 CMR 101.0 et seq.
2. The SPGA may allow an increase in the maximum height for any accessory structure(s) reasonably necessary for the safe
and efficient operation of the principal use (e.g., support poles for “catch” netting used as part of a driving range or other similar
commercial recreation facility), provided such structure(s) complies with applicable federal and state requirements.
3. See Section 4.3.3.
4. The SPGA may waive any setback distance where it finds such a waiver appropriate because of specific physical
circumstances, such as irregular lot lines or other natural features that create open space or buffers.
5. Development Parcel shall mean one or more Lots within the LI (C) District which together are designated by a project
applicant as a Development Parcel. The Lots comprising a Development Parcel need not be in the same ownership. Where the
Development Parcel consists of more than a single Lot, the Lots, in combination, shall be treated as the Development Parcel,
may be contiguous or non-contiguous, and shall be considered one ‘Development Parcel’.
6.8.6 Parking, Loading and Driveway Requirements
Projects in the LI (C) District shall provide and maintain off-street automobile parking (which may be either structured or non-
structured, at, below or above grade) in connection with the erection, establishment or increase in units or dimensions of
building, structures and principal uses, in the amounts set forth in Section 6.1.1 (which amounts may be in excess of the
minimum amount required). The parking requirement for any accessory use shall be deemed satisfied by satisfying the parking
requirements for the principal use.
Off –Street parking spaces, to the extent required by Section 6.1.1, may be provided anywhere within the Development
Parcel and need not be on the same Lot as the parking generator.
Parking garages, parking decks, or any other parking structures, and the parking of any motor vehicles shall be allowed on
and above ground level and below finished grade at any level, as may be allowed by the SPGA.
In addition to the requirements for automobile parking spaces there shall also be provided for each building or group of
buildings sufficient off-street loading space to ensure that all loading operations take place off of the public way.
Projects in the LI (C) District shall require only one means of access to the public roadway system of the Town.
Pursuant to Section 6.1.15, the SPGA may, by Special Permit, authorize a deviation from or waiver of any parking or off-
street loading requirement set forth herein or elsewhere in the Zoning By-Law.
6.8.7 Signs and Advertising Devises
In issuing a Special Permit pursuant to this Section 6.8, the SPGA may authorize a comprehensive signage package for a project
which signage deviates from the requirements which would otherwise be applicable pursuant to Section 6.3 of this By-Law provided
that the Board finds that such comprehensive signage package does not result in substantial detriment to the neighborhood.
Or to take any other action relative thereto.
Board of Selectmen
PLANNING BOARD MOTION:
MOVED: That the Zoning By-Laws of the Town Canton be amended as follows:
1. To amend the map entitled “Zoning Map of Town of Canton”, to place the parcels (Assessor Parcels 35_4_0;
22_1_0; 22_2_0; 33_4_0;33_5_0; and 34_2_0) shown on the plan entitled “Proposed Rezoning Exhibit”,
prepared by DiPrete Engineering, into the Limited Industrial (C) District.
2. To amend Section 2.1 by adding “Limited Industrial (B)” and “Limited Industrial (C)” under the heading
“INDUSTRIAL DISTRICTS”.
3. To amend Section 6.0 by adding a new Section 6.8 as follows:
6.8 GENERAL PROVISIONS FOR LIMITED INDUSTRIAL (C) DISTRICTS
6.8.1 Purpose
The Limited Industrial (C) (LI(C)) District has been established to accomplish the following goals:
1. To promote the economic health and stability of the Town by encouraging development and economic
investment that will generate employment and tax revenue.
140Source page 144
2. To provide additional planning flexibility for projects.
3. To redevelop underutilized and/or blighted sites.
6.8.2 Applicability
Buildings, structures, lots and uses within the LI (C) District shall be governed by the Zoning By-Law, except as
modified by the provisions of this Section. Where provisions of this Section conflict or are inconsistent with other
provisions of the Zoning By-law, the provisions of this Section shall govern.
In the event of damage or destruction to any buildings or structures originally constructed pursuant to an approval
issued hereunder, such buildings and structures may be rebuilt and restored consistent with the original approval
without the requirement of obtaining any further approvals.
6.8.3 Special Permits and Site Plan Review and Approval
The Board of Appeals is hereby designated as the Special Permit Granting Authority (SPGA) for all purposes with
respect to any proposed projects within the LI (C) District. All special permit applications shall conform to the
provisions of this Section 6.8 and the Board of Appeals’ Rules and Regulations adopted pursuant to M.G.L.c.40A,
Section 9 governing the administration of applications for special permits.
In the LI(C) District, the SPGA may give site plan review and approval in accordance with the procedures provided in
Section 10.5.1-10.5.4, and may grant a special permit in accordance with the procedures provided in Section 10.4.3, for
a project that satisfies the criteria and conditions set out below.
The SPGA may approve an application for site plan review and approval and/or special permit based on a finding that
the proposed project, as submitted or modified prior to its action, is in compliance with the criteria for approval set
forth in Section 10.5.5 and M.G.L. c.40A, Section 9; provided, however, that the SPGA may deny the application for site
plan review and approval and/or special permit if it determines that the effect of the proposed project on the public
interest is so intrusive that no reasonable conditions can be developed to avoid that effect.
The SPGA may in its discretion waive any of the standards and criteria stated in this Section 6.8 or otherwise set forth
in this Zoning By-law if the SPGA finds that such waiver does not derogate from the purposes of such standards and
criteria because the proposed project satisfies the criteria stated in Section 10.5.5 of this Zoning By-Law.
Any special permit or site plan approval granted by the SPGA for a project in the LI (C) District shall lapse 3 years after
the grant thereof, provided such period shall not include such time to pursue or await the determination of an appeal
thereof.
6.8.4 Uses
Uses allowed by right in either the Limited Industrial or Limited Industrial (B) Districts shall be allowed by right in the
LI (C) District. Multiple principal or main buildings and uses shall be permitted on a Development Parcel.
In addition, the SPGA may issue a Special Permit for any use(s) within a Development Parcel in the LI (C) District
which are allowed by Special Permit in either the Limited Industrial or Limited Industrial (B) Districts (whether or not
such uses are conducted within a completely enclosed building), including, without limitation, a Hotel use on a Lot of
not less than 2.5 acres, as well any uses, facilities, amenities and structures accessory to any of the principal uses
allowed hereunder within the Development Parcel (whether at, below, or above grade), including, without limitation,
surface parking, below ground or above-ground, structured parking (not to exceed two levels above grade) and
driveways and roadways, serving any principal uses within the Development Parcel.
6.8.5 Density and Dimensional Requirements
The Density and Dimensional Requirements set forth in the table below shall apply in the LI (C) District. In the
application of the requirements below, the same shall not be applied to the individual lots or ownership units
comprising or within a Development Parcel, but shall be applied as if the Development Parcel were a single conforming
lot, whether or not the Development Parcel is in single- or multiple-ownership at the time of issuance of a Special
Permit or Site Plan Approval or thereafter; provided, however, that violation of this section by an owner or occupant of
a single lot or ownership unit or leased premises within a Development Parcel shall not be deemed to be a violation by
any other owner or occupant within the Development Parcel provided there exists an organization of owners.
Area, frontage, and bulk Development Parcel5
Minimum Lot Area 10 acres
Minimum Frontage 250 ft.
Maximum Building Coverage 30%
Maximum Building Height1, 2, 3 70 feet
141Source page 145
Minimum Front Setback4 10 feet
Minimum Side Setback4 10 feet
Minimum Rear Setback4 10 feet
Footnotes:
1. Building heights shall be measured as set forth in the State Building Code 780 CMR 101.0 et seq.
2. The SPGA may allow an increase in the maximum height for any accessory structure(s) reasonably necessary
for the safe and efficient operation of the principal use (e.g., support poles for “catch” netting used as part of a
driving range or other similar commercial recreation facility), provided such structure(s) complies with
applicable federal and state requirements.
3. See Section 4.3.3.
4. The SPGA may waive any setback distance where it finds such a waiver appropriate because of specific physical
circumstances, such as irregular lot lines or other natural features that create open space or buffers.
5. Development Parcel shall mean one or more Lots within the LI (C) District which together are designated by a
project applicant as a Development Parcel. The Lots comprising a Development Parcel need not be in the same
ownership. Where the Development Parcel consists of more than a single Lot, the Lots, in combination, shall be
treated as the Development Parcel, may be contiguous or non-contiguous, and shall be considered one
‘Development Parcel’.
6.8.6 Parking, Loading and Driveway Requirements
Projects in the LI (C) District shall provide and maintain off-street automobile parking (which may be either structured
or non-structured, at, below or above grade) in connection with the erection, establishment or increase in units or
dimensions of building, structures and principal uses, in the amounts set forth in Section 6.1.1 (which amounts may be
in excess of the minimum amount required). The parking requirement for any accessory use shall be deemed satisfied
by satisfying the parking requirements for the principal use.
Off –Street parking spaces, to the extent required by Section 6.1.1, may be provided anywhere within the Development
Parcel and need not be on the same Lot as the parking generator.
Parking garages, parking decks, or any other parking structures, and the parking of any motor vehicles shall be
allowed on and above ground level and below finished grade at any level, as may be allowed by the SPGA.
In addition to the requirements for automobile parking spaces there shall also be provided for each building or group
of buildings sufficient off-street loading space to ensure that all loading operations take place off of the public way.
Projects in the LI (C) District shall require only one means of access to the public roadway system of the Town.
Pursuant to Section 6.1.15, the SPGA may, by Special Permit, authorize a deviation from or waiver of any parking or
off-street loading requirement set forth herein or elsewhere in the Zoning By-Law.
6.8.7 Signs and Advertising Devises
In issuing a Special Permit pursuant to this Section 6.8, the SPGA may authorize a comprehensive signage package for
a project which signage deviates from the requirements which would otherwise be applicable pursuant to Section 6.3
of this By-Law provided that the Board finds that such comprehensive signage package does not result in substantial
detriment to the neighborhood.
PLANNING BOARD VOTE: 4-0
FINANCE COMMITTEE RECOMMENDATION:
MOVED: The Finance Committee recommends that the motion presented by the Planning Board to Town Meeting
for Article 21 as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, deferred to the Planning Board.
Thomas Scully, Chairperson of the Planning Board, moved Article 21 as printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 17
142Source page 146
INCREASE STABILIZATION FUND
Article 17 To see what sums of money the Town will vote to raise and appropriate or transfer from any available funds or
borrow pursuant to any applicable statute, in order to increase any Stabilization Fund of the Town established pursuant to MGL
Chapter 40, section 5B, or to take any other action related thereto.
Board of Selectmen for the Finance Director
MOVED: That the sum of Five Hundred Thousand Dollars ($500,000) be transferred for the Fiscal Year ending
June 30, 2018 from Free Cash (Undesignated Fund Balance) of the Town to the Town Stabilization Fund.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, moved Article 17 as printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 64
APPROPRIATE FUNDS TO MEET EXPENSES FOR NEXT FISCAL YEAR (FY19)
Article 64 To see what sums of money the town will vote to raise and appropriate, transfer from Free Cash, transfer from any
available funds or borrow pursuant to any applicable statute to meet the expenses of the next fiscal year for the various Town
Boards, Committees, Departments and Agencies, or to take any other action related thereto.
Board of Selectmen
Article 64 - MOTION 1
MOVED: That the following sums of money be transferred to the General Fund in Fiscal Year 2019 in order to
fund the Town’s annual operating budget:
Vote to Transfer Available Funds
WITH A VOTE THAT $2,626,374 BE TRANSFERRED AS FOLLOWS:
TRANSFER FROM AMOUNT PURPOSE
AMBULANCE SERVLCE $950,000 FLRE DEPARTMENT
WATER ENTERPRISE FUND 584,844 FIXED COSTS
SOLAR FACILITY 339,422 TOWN-WIDE ELECTRICITY
SEWER ENTERPRLSE FUND 326,670 FLXED COSTS
AMBULANCE SERVLCE 169,560 DEBT SERVLCE
SCIOOL FOOD SERVLCE 160,500 IEALTI LNSURANCE
DREENLODDE STREET PARYLND FEES 70,000 EXECUTLVE OFFLCE
BOND PREMLUM FUND 10,378 DEBT SERVLCE
SALE OF LOTS/DRAVES 10,000 CEMETERY MALNTENANCE
CEMETERY PERPETUAL CARE (EXPENDABLE) 5,000 CEMETERY MALNTENANCE
TOTAL $2,626,374
FINANCE COMMITTEE VOTE: 5-0-0
Robert Barker, Chairperson of the Finance Committee, moved Article 64, Motion 1 as printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
Article 64 - MOTION 2
MOVED: That the sum of Seven Hundred Thousand Dollars ($700,000) be appropriated to the Special Education
Reserve Account (#250) by transfer from Free Cash (Undesignated Fund Balance) in the Treasury of the Town.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, moved Article 64, Motion 2 as printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
143Source page 147
Article 64 - MOTION 3
MOVED: That the following sums of money be raised and appropriated from the FY 2019 tax levy and other
general revenues of the Town along with revenue sources listed in Motion 1.
FY19 BUDGET
SCHOOL DEPARTMENT (300) 42,396,405.00
TOTAL SCHOOLS $42,396,405.00
APPROVED VOICE VOTE, MODERATOR DECLARED
ASSESSORS (141) $362,876.00
BUILDING AND ZONING (241;176) $375,217.00
COMMITTEES & COMMISSIONS (131;149;182;184;547;691;692) $35,203.00
CONSERVATION COMMISSION (171) $141,322.00
COUNCIL ON AGING (541) $391,319.00
EXECUTIVE AREA (129;151;154;179;192-195;199;244;632;910) $1,131,250.00
FINANCE DEPARTMENT (133;135;145;155) $1,088,745.00
FIRE DEPARTMENT (220;221;231;232;291) $6,114,373.00
HEALTH DEPARTMENT (510) $362,737.00
PARKS & RECREATION (542;630) $779,515.00
PLANNING BOARD (175) $66,170.00
POLICE DEPARTMENT (210;292) $5,061,662.00
PUBLIC LIBRARY (610) $1,299,292.00
PUBLIC WORKS (400;410;420;421;425;426;427;491;492;493) $2,918,371.00
TOWN CLERK AND ELECTED (161;163) $263,983.00
VETERANS SERVICES DEPT. (543) $293,913.00
TOTAL MUNICIPAL $20,685,948.00
APPROVED VOICE VOTE, MODERATOR DECLARED
BLUE HILLS REGIONAL (840) $1,214,066.00
DEBT SERVICE (710;751;752) $4,639,138.00
EMPLOYER SHARE-HEALTH/LIFE INSURANCE (914;915) $12,658,908.00
NORFOLK AGRICULTURAL HIGH SCHOOL (841) $20,000.00
OPEB TRANSFERS (993 $800,000.00
RESERVE FUND (132) $500,000.00
RETIREMENT BENEFITS (911) $5,249,494.00
SNOW & ICE (423) $600,500.00
STREET LIGHTING (422) $85,000.00
TOWN INSURANCE (946) $1,205,700.00
TRASH COLLECTION (433) $1,961,119.00
UNEMPLOYMENT COMPENSATION (913) $100,000.00
TOTAL FIXED COSTS $29,033,925.00
APPROVED VOICE VOTE, MODERATOR DECLARED
TOTAL BUDGET $92,116,278.00
APPROVED VOICE VOTE, MODERATOR DECLARED
ENTERPRISE FUNDS
RINK ENTERPRISE (700) $15,430.00
(from Rink retained earnings)
APPROVED VOICE VOTE, MODERATOR DECLARED
SEWER ENTERPRISE (600-602) $6,645,497.00
APPROVED VOICE VOTE, MODERATOR DECLARED
144Source page 148
WATER ENTERPRISE (640-642) $6,666,674.00
APPROVED VOICE VOTE, MODERATOR DECLARED
A motion was moved and seconded to adjourn Town Meeting.
VOTED: That the 2018 Annual Town Meeting be adjourned sine die.
Adjourned at 10:12pm on May 16th, 2018.
Town of Canton
Commonwealth of Massachusetts
WEDNESDAY, THE SIXTEENTH DAY
OF MAY 2018
In accordance with the warrant the Special Town Meeting was convened on May 16th, 2018 in Morse Auditorium at Canton High
School and called to order by the Town Clerk, Tracy K. Kenney at 7:08pm with 182 voters present.
ARTICLE 1
REQUEST FOR TEMPORARY MORATORIUM
Article 1 To see if the Town will vote to amend the Town of Canton Zoning Bylaws by inserting a new section 3.4 of the Zoning
Bylaws as follows to adopt a temporary moratorium on the use of land and structures to prohibit any new Hospital or Convalescent
or Nursing Home in all zoning districts within the Town of Canton so that the Town may study and plan for the regulation of further
Hospital or Convalescent or Nursing Home uses and operations in Canton and to hold related public hearings thereon; or to take any
other action related thereto.
3.4 Temporary Moratorium on Hospitals and Convalescent or
Nursing Homes
3.4.1 Purpose. The purpose of this Zoning Bylaw is intended to provide the Town with a reasonable time to study and plan
for further regulation of Hospital and Convalescent or Nursing Home uses and
operations in the Town of Canton, to hold related public hearings thereon, and to adopt Zoning Bylaws related to such uses
and operations.
3.4.2 Temporary Moratorium. Notwithstanding any other provision of the Zoning Bylaw or Table of Use Regulations to the
contrary, the Town hereby adopts a temporary moratorium to prohibit all uses of land and structures for any Hospital or
Convalescent or Nursing Home in all zoning districts. During the temporary moratorium, no Hospital or Convalescent or Nursing
Home shall be permitted in any zoning district so that the Town may undertake a planning process to address the potential impacts
of such facilities in the Town, determine where the Town will allow such uses and consider adopting new provisions of the Zoning
Bylaw to address the impacts and operations of such uses.
3.4.3. Expiration. The temporary moratorium and this section 3.4 shall be in effect through June 30, 2019.
BOARD OF SELECTMEN
George Comeau, proponent of the article moved that the Town of Canton Zoning Bylaws be amended by inserting a new section 3.4
as set forth in the Special Town Meeting Warrant.
Tom Scully, Chairman of the Planning Board, stated that the Board voted 3-1-1 to advance the article to Town Meeting and have a
conversation, not necessarily support or oppose the article.After several citizens spoke it was,
VOTED: Article 1 is defeated.
DEFEATED BY A SHOW OF HANDS, MODERATOR DECLARED IT WAS NOT THE TWO THIRDS NECESSARY
A motion was moved and seconded to adjourn Town Meeting.
VOTED: That the 2018 Special Town Meeting be adjourned sine die.
Adjourned at 7:51pm on May 16th, 2018.
145Source page 149
Town of Canton
Commonwealth of Massachusetts
MONDAY, THE TWELFTH DAY
OF DECEMBER 2018
In accordance with the warrant the Special Town Meeting was convened on December 12th, 2018 in Morse Auditorium at Canton High
School and called to order by the Town Moderator, Richard Staiti at 7:00pm with 304 voters present.
Richard Staiti, Town Moderator, introduced Reverend Thomas Rafferty, of St. John the Evangelist Parish of Canton, who offered the
invocation.
ARTICLE 1
ADOPT THE RULES TO GOVERN SPECIAL TOWN MEETING
Article 1 To see if the Town will vote to adopt certain procedures to govern the conduct of the 2018 Special Town Meeting,
or to take any other action related thereto.
Board of Selectmen
MOTION 1
MOVED: That this 2018 Special Town Meeting shall meet on Wednesday, December 12, 2018 and if necessary on
Monday, December 17, 2018 in the Morse Auditorium, on the grounds of the Canton High School until the business of
this Special Town Meeting has been concluded, each such session to begin at 7:00 o’clock P.M. and to adjourn at 11:00
o’clock P.M., or as near that hour as may be feasible, according to the nature of the business pending at the said hour.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, moved Article 1, Motion 1 as printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
MOTION 2
MOVED: That the following individuals be granted all of the rights and privileges of participation in this Annual
Town Meeting, except the right to vote, under any article of this warrant which affects matters within their jurisdiction:
Charlie Aspinwall, Town Administrator
Andrea Berardi, Deputy Director, Parks and Recreation
Paul R. DeRensis, Town Counsel
Jennifer Fischer-Mueller, Superintendent of Schools
Elizabeth Francis, Parks & Recreation Director
Tom Houston, Professional Services Corporation, PC
Neil Joyce, Senior Project Manager, CMS (Construction Monitoring Services)
OPM for Rink (Owner’s Project Manager)
Louis Jutras, Information Systems Manager
Karen Lawlor, Administrative Assistant, Canton Planning Board
Thad Leugemors, Mitigation and Disaster Recovery Section Chief, MEMA (Massachusetts Emergency
Management Agency)
Scott Lubker, Project Manager, CMS (Construction Monitoring Services)
OPM for Rink (Owner’s Project Manager)
Brian Lynch, Facility Director
Stephen Lynch, Representative in Congress
James Murgia, Finance Director
Barry Nectow, School Business Administrator
Andrew Poliferno, Disaster Recovery Programs Coordinator, MEMA (Massachusetts Emergency Management
Agency)
Helena Rafferty, Deputy Police Chief
Tom Scarlata, Principal, Bargmann Hendrie & Archetype, Inc. (BH+A)
(Architect for Rink)
146Source page 150
Laura Smead, Town Planner
Barbara Thissell, Town Engineer
Walter Timilty, State Senator
Michael Trotta, Superintendent of Public Works
Diane Tynan, Director of Council on Aging
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, moved to amend Article 1, Motion 2 by adding Lisa Field, MNA to the list
printed in the warrant.
VOTED: Motion 2 adopted as amended.
ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 2
METROPOLIS RINK APPROPRIATION
Article 1 To see if the Town will vote to raise and appropriate, or to transfer from available funds, or to authorize the Town
Treasurer, with the approval of the Board of Selectmen, to borrow (and to issue bonds or notes therefore) any sum or sums of
money, or by any combination of these methods of financing as may be necessary or desirable, and furthermore, any premium
received by the Town upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of
the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with
Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed or to pay such costs by the like
amount, thereby making available funds for the purposes of designing, permitting, environmental cleanup, reconstructing,
constructing, repairing and equipping of the Metropolis Rink located at 2167 Washington Street, Canton, MA 02021, and to authorize
the Board of Selectmen to accept and the Building Renovations Committee to expend, any grants, gifts, or Federal Emergency
Management Agency (FEMA) reimbursements received therefore. Further, the Board of Selectmen shall be authorized to extend the
existing lease of the Metropolis Rink with the Department of Conservation and Recreation, set to expire on June 30, 2030, on terms
and conditions satisfactory to the board of Selectmen, or to take any other action in relation thereto.
Board of Selectmen for the Capital Planning Committee
MOVED: That the Town Treasurer, with the approval of the Board of Selectmen, be authorized to borrow Seven
Million Eight Hundred Thousand Dollars ($7,800,000) and that any premium received by the Town upon the sale of said
bonds or notes, less any such premium applied to the payment of the costs of issuance of such bonds or notes, be
applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws,
thereby reducing the amount borrowed or to pay such costs by a like amount, thereby making available funds for the
purposes of designing, permitting, environmental cleanup, reconstructing, constructing, repairing and equipping of the
Metropolis Rink located at 2167 Washington Street, Canton, MA 02021, and that the Board of Selectmen be authorized
to accept and the Building Renovations Committee expend, any and all insurance proceeds received for such project,
and that the Board of Selectmen be authorized to accept and the Building Renovations Committee expend, any grants,
gifts, or Federal Emergency Management Agency (FEMA) reimbursements received, and that the Board of Selectmen be
authorized to extend the existing lease of the Metropolis Rink with the Department of Conservation and Recreation, set
to expire on June 30, 2030, on terms and conditions satisfactory to the Board of Selectmen.
FINANCE COMMITTEE VOTE: 6-0-0
Robert Barker, Chairperson of the Finance Committee, moved the following substitute motion:
MOVED: That Ten Million Five Hundred Thousand Dollars ($10,500,000) be hereby appropriated for the Board of Selectmen
and the Building Renovations Committee to expend for the purposes of designing, permitting, environmental cleanup, reconstructing,
constructing, repairing and equipping of the Metropolis Rink located at 2167 Washington Street, Canton, Massachusetts 02021 and
That the Board of Selectmen be authorized to extend the Town of Canton’s existing lease of the Metropolis Rink with the Department
of Conservation and Recreation, presently set to expire on June 30, 2030, on terms and conditions satisfactory to the Board of
Selectmen,
And to meet this Ten Million Five Hundred Thousand Dollar ($10,500,000) appropriation:
Two Million Five Hundred Sixty Seven Thousand Dollars ($2,567,000) be transferred from appropriations voted under Article 15,
Motion 2 of the 2016 Annual Town Meeting, Article 15 of the 2017 Annual Town Meeting and Article 15 of the 2018 Annual Town
Meeting representing Insurance Proceeds received from the Town’s insurers in the Treasury of the town,
Four Hundred and Fifty Thousand Dollars ($450,000) be transferred from the Municipal Buildings Insurance Fund (#807),
One Million Five Hundred Thousand Dollars ($1,500,000) be transferred from the Assessors’ Overlay Surplus account;
147Source page 151
The Town Treasurer, with the approval of the Board of Selectmen, be authorized to borrow Two Million Dollars ($2,000,000) as
general obligations of the Town but are to be repaid in the first instance from future proceeds from the Metropolis Rink’s insurance
policy;
The Town Treasurer, with the approval of the Board of Selectmen be authorized to borrow an additional One Million Nine Hundred
Eighty-Three Thousand Dollars ($1,983,000) as general obligations of the Town but such borrowing is to be repaid in the first
instance from future rink revenues;
The Town Treasurer, with the approval of the Board of Selectmen, be hereby authorized to borrow a further additional Two Million
Dollars ($2,000,000) as general obligations of the Town but are to be repaid in the first instance from future proceeds from a state
grant referenced in a notice dated December 10, 2018 from the Executive Office of Energy and Environmental Affairs;
that the Board of Selectmen be authorized to accept and the Building Renovations Committee expend, any grants, gifts, or Federal
Emergency Management Agency (FEMA) reimbursements received for the Metropolis Rink, it being the intent to expend any such
grants, gifts or FEMA reimbursement first to offset or reduce the use of borrowings; and
that any premium received by the Town upon the sale of said bonds or notes, less any such premium applied to the payment of the
costs of issuance of such bonds or notes, be applied to the payment of costs approved by this vote in accordance with Chapter 44,
Section 20 of the General Laws, thereby reducing the amount borrowed or to pay such costs by a like amount, thereby making
available funds.
VOTED: Substitute motion adopted.
ADOPTED 197 IN FAVOR – 81 OPPOSED, MORE THAN TWO-THIRDS
A motion was moved and seconded to adjourn the Special Town Meeting.
VOTED: That the 2018 Special Town Meeting be adjourned sine die.
Adjourned at 8:55pm on December 12th, 2018.
Attest:
Tracy K. Kenney
Town Clerk
148Source page 152
INDEX
ALMANAC ............................................................................................................................................................................ 3
APPOINTED OFFICIALS ..................................................................................................................................................... 3
ASSESSORS......................................................................................................................................................................... 15
BLUE HILLS REGIONAL DISTRICT SCHOOL COMMITTEE ...................................................................................... 12
BUILDING DEPARTMENT ............................................................................................................................................... 19
BUILDING RENOVATION COMMITTEE ....................................................................................................................... 20
CANTON ALLIANCE AGAINST SUBSTANCE ABUSE (CAASA) ............................................................................... 21
CANTON ROLL OF HONOR ............................................................................................................................................. 69
COMMUNITY PRESERVATION COMMITTEE .............................................................................................................. 22
CONSERVATION COMMISSION ..................................................................................................................................... 27
COUNCIL ON AGING ........................................................................................................................................................ 29
EMERGENCY MANAGEMENT AGENCY ...................................................................................................................... 31
FINANCE DEPARTMENT ................................................................................................................................................. 32
FIRE DEPARTMENT .......................................................................................................................................................... 37
HEALTH DEPARTMENT ................................................................................................................................................... 16
HISTORICAL COMMISSION ............................................................................................................................................ 38
HOUSING AUTHORITY .................................................................................................................................................... 39
HUMAN RESOURCES ....................................................................................................................................................... 40
LIBRARY ............................................................................................................................................................................. 41
NORFOLK COUNTY MOSQUITO CONTROL ................................................................................................................ 43
NORFOLK COUNTY REGISTRY OF DEEDS .................................................................................................................. 44
PLANNING BOARD ........................................................................................................................................................... 49
POLICE DEPARTMENT ..................................................................................................................................................... 51
PUBLIC WORKS DEPARTMENT ..................................................................................................................................... 52
PARKS AND RECREATION DEPARTMENT .................................................................................................................. 47
SCHOOL COMMITTEE – SUPERINTENDENT ............................................................................................................... 54
SELECTMEN ......................................................................................................................................................................... 9
TOWN CLERK .................................................................................................................................................................... 72
TOWN COUNSEL ............................................................................................................................................................... 63
TOWN OFFICIALS ............................................................................................................................................................... 4
TOWN MEETINGS ............................................................................................................................................................ 85
TOWN PLANNER ............................................................................................................................................................... 65
VETERAN’S SERVICES..................................................................................................................................................... 68
WATER/SEWER RATE POLICY COMMITTEE .............................................................................................................. 70
ZONING BOARD OF APPEALS ........................................................................................................................................ 71
149