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2018 Attorney General approval letter ATM articles 11 and 43 (PDF) pdf file

Town Meeting · Record year 2018 · Record 5af0b3435dcd9b3794

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Saved text from 5 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-15.

Source page 1

THE COMMONWEALTH OF MASSACHUSETTS
OFFICE OF THE ATTORNEY GENERAL

CENTRAL MASSACHUSETTS DIVISION
10 MECHANIC STREET, SUITE 301
WORCESTER, MA 01608

Maura HEALey
(508) 792-7600

ATTORNEY GENERAL                                                                           (508) 795-1991 fax
Www.mass.gov/ago

August 17, 2018

Tracy K. Kenney, Town Clerk
Town of Canton

801 Washington Street
Canton, MA 02021

Re: Canton Annual Town Meeting of May 14, 2018 -- Case # 9053
Warrant Articles # 21, 39, 42, 43, 44, 45, 46, 47, 49, 50, 51, 52, 54, 55, 56, 57, and 58
(Zoning)
Warrant Articles # 11, and 40 (General)

Dear Ms. Kenney:

Articles 11 and 43 - We approve Articles 11 and 43 from the May 14, 2018, Canton
Annual Town Meeting.’ Our comments on Article 11 are provided.

Article 11 - Article 11 adds a new revolving fund, “Traffic Management Fund,” to the
Town’s Departmental Revolving Funds bylaw. The revenue source for this revolving fund
includes grants and donations, It is unclear whether the “donations” referred to are actually
“fees” for programs and services, or if the donations are true “gifts.” General Laws Chapter 44,
Section 53A, pertains to the acceptance and expenditure of grants and gifts, and requires:

An officer or department of any...town, or of any regional school or other district,
may accept grants or gifts of funds from the federal government and from a charitable
foundation, a private corporation, or an individual, or from the commonwealth, a
county or municipality or an agency thereof, and in the case of any grant or gift given
for educational purposes may expend said funds for the purposes of such grant or gift
with the approval of the school committee, and in the case of any other grant or gift
may expend such funds for the purposes of such grant or gift...in towns with the
approval of the board of selectmen...

Further, Section 53A provides that “[nJotwithstanding the provisions of section fifty-
three, any amounts so received by an officer or department of a city, town or district shall be
deposited with the treasurer of such city, town or district and held as a separate account and may

' In a decision issued on July 13, 2018, we approved Articles 21, 39, 40, 42, 44, 45, 46, 47, 49, 50, 51,
52, 54, 55, 56, 57, and 58

Source page 2

be expended as aforesaid by such officer or department receiving the grant or gift without further
appropriation.” The Town should consult with Town Counsel to ensure that any donations
deposited in the Town’s Traffic Management Fund revolving fund comply with the requirements
of G.L. c. 44, § 53A and § 53E 4.

Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by-laws take effect unless
the town has first satisfied the posting/publishing requirements of that statute. Once
this statutory duty is fulfilled, (1) general by-laws and amendments take effect on
the date that these posting and publishing requirements are satisfied unless a later
effective date is prescribed in the by-law, and (2) zoning by-laws and amendments
are deemed to have taken effect from the date they were voted by Town Meeting,
unless a later effective date is preseribed in the by-law.

Very truly yours,
MAURA HEALEY
ATTORNEY GENERAL

Ke. Yunagan

by: Kelli E. Gunagan, Assistant Attorney General
Municipal Law Unit

Office of the Attorney General

Ten Mechanic Street, Suite 301

Worcester, MA 01608

508-792-7600

cc: Town Counsel Paul DeRensis

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OFFICE OF THE
‘TOWN CLERK
TRACY K. KENNEY
MEMORIAL HALL

‘Telephone (/81) 821-5013
Fax (781) 821-5016

Cow ut Canton, Massachusetts
Nana

ANNUAL TOWN MEETING
MAY 14, 2018

FIRST SESSION

ARTICLE 11

AUTHORIZE CERTAIN REVOLVING FUNDS

Article 11     To see what revolving funds pursuant to c. 44, section 53E V2 of the General Laws of the
Commonwealth the town will establish by by-law and to determine the limit on total amount that may be expended
from sald revolving accounts, for various boards, commissions or departments of the town, for the fiscal year
beginning July 4, 2018 and ending June 30, 2019, or to take any other action related thereto.

Board of Selectmen

Article 11 - MOTION 1
MOVED:      That the General By Laws Article VIIT Sectlon 16 be amended by adding a new
revolving fund for traffic management as follows:

Department,
Board,
Committes,
Agency or
Officar
Authorized to} Fees, Charges or Other | Program or Activity
Spend from     Recelpts Credited to      Expenses Payable
from Fund           Flacal Years

Fees related to

transportation studies,
design, or construction

#245 — Traffic       Board of     skis ie guia      projects not currently

Selectmen                                         funded under Chapter
190, capital plans, or
department budgets;
includes all modes of

transportation.

Management                        ‘ontributlons, donations,
Fund                         relmbursements, other
allocations from reserve
fund, mitigation fund,

FINANCE COMMITTEE VOTE: 6-0-0

Robert Barker, Chairperson of the Finance Committee, moved Article 11, Motion 1 as printed in the warrant.

ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED

Attest:

Tracy K. Kenne¥, Canton Town ey, tal

pe    ale     )
c                      Ea Ook i)

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aE ee                                                AER                                          ‘lelephone (781) 871-5013
TOWN CLERK                                                                                                               Fax (781) 821-5016

“TRACY K. KENNEY

MEMORIAL HALL.

Gown of Canton, Massachasetts
Nana)

ANNUAL TOWN MEETING
MAY 16, 2018

SECOND SESSION

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 bullding or bulldings Intended and designed for transient or overnight
lodging (excluding extended stay, see below), divided Into separate units within the same bullding 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 quest 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 facllitles 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 hereln, 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 Sectlon 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 bullding or bulldings Intended and designed for transient or
overnight lodging (excluding extended stay, see below), divided into separate units within the
same bullding without kitchenette facilities and with or without a public dining facility. No
occupant of such hotel or motel may clalm residency at such location.

Extended stay lodging: Hotel, motel, or guest quarters that offer rooms by the day, week, or
longer to translent guests, which raoms contain kitchenette or cooking facilities, and may or
may hot contain a restaurant within the facility. Such cooking facilitles may Include a
refrigerator, two (2) burner stoves, without oven, @ 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

1

Source page 5

Telephone (781) 821-5013
Fax (781) 821-5016

OFFICE OF THE

TOWN CLERK
‘TRACY K. KENNEY
MEMORIAL HALL
Gown of Canton, Massachusetts
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 lacation,
PLANNING BOARD VOTE: 5-0
INANCE COMMITTEE RE                  H
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

Attest: