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2017 Attorney General Approval Letter and Town Meeting Votes (PDF) pdf file
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Source page 1
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~~. THE COMMONWEALTH OF MASSACHUSETTS
~ OFFICE OF THE ATTORNEY GENERAL
,~ ,,~
,~ CENTRAL MASSACHUSETTS DNISION
_y 1O MECHANIC STREET, SUITE 3O1
WORCESTER, MA 01608
iV~AURA HE►1LEY
(sos) X92- 600
A'iTORNEY G6NFRAL (508) 795-1991 fax
www.mass.gov/ago
August 30, 2017
Tracy K. Kenney, Town Clerk
Town of Canton
801 Washington Street
Canton, MA 02021
Re: Canton Annual Town Meeting of May 8, 2017 -Case # 8487
Warrant Articles # 38, 39, 45, 46, 48, 49, 50, 52, 53, and 55 (Zoiii~ig)
Warrant Articles # 18, 33, 34, 44, and 57 (General)
Dear Ms. Kenney:
Articles 18, 33, 34, 38, 39, 44, 45, 46, 48, 49, 50, 52, 53, 55, and 57 - We approve these
Articles, and the maps pertaining to Articles 46, 48, and 55 from the May 8, 2017, Canton Annual
Town Meeting.
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) ~eneral 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) zonin 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 prescribed
in the by-law.
Very truly yours,
MAURA HEALEY
ATTORNEY GENERAL
~ llr~ ~p. ~crra~~~~~
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 DerensisSource page 2
VOTED: That the General By-Laws be amended by replacing Article VII, Part B as follows: PART B -FINANCE COMMITTEE Section 1. Composition of Committee; Limitations There shall be a Finance Committee which shall consider any and all municipal operations involving an appropriation by the Town, for the purpose of making reports and recommendations thereon to the Town. Such Committee shall consist of nine voters, who shall serve without pay, none of whom, during their service on such Committee, shall hold any regular elective Town office or be a paid employee of the town. Section 2. quorum Five members of the Finance Committee shall constitute a quorum thereof. Section 3. Method of Appointment; Terms of Office; Organization; Filling of Vacancies The Moderator shall after the dissolution of each Annual Town Meeting, for the transaction of business, and prior to J une thirtieth, appoint three members of the Finance Committee to serve for three years. If there is a vacancy in the Finance Committee whether caused by death, resignation or otherwise, the Finance Committee shall immediately notify the Town Moderator in writing and the Moderator shall thereupon fill such vacancy for the unexpired term. If any member is absent from eight consecutive meetings of the Finance Committee, except in case of illness, his or her position shall be deemed to be vacant and the remainder of the unexpired term shall be filled by appointment of the Moderator as provided in herein. Said committee shall choose its own officers at its first meeting following the dissolution of the annual town meeting. Section 4. Duty of Committee, In General It shall be the duty of the Finance Committee to study the financial affairs of the town and to advise town meeting as to expenditures and recommendations for appropriations to be made by it. To this Committee shall be referred all articles of the Warrants calling for appropriations. Section 5. Right of Access The Committee shall have access to all facts, figures, records and other information relating to all fiscal affairs of Town Departments, Boards, Committees or Officers and the same shall be furnished forthwith by any Department, Board, Committee, Officer, or employee whenever so requested by the Committee. Section 6. Poll of Members The recommendations of the Finance Committee with reference to the various Articles of the Town Warrants shall include a poll of the votes taken at the meetings of the Finance Committee, said poll to show only the number of Committee members voting in favor of or against the actions recommended by the full Committee. Section 7. Procedures The Finance Committee shall consider the various articles in the Warrants for all the Town Meetings held during the period for which they are appointed including the Warrant for the Annual Town Meeting next after their appointment and they shall report in print at all Town Meetings their estimates and recommendations for action of the Town. Section 8. Reports by Town agencies to Provide Certain Information 7-B-11 All Departments, Boards, Committees, or Officers authorized by law to expend money shall furnish to the Finance Committee, on or before the second Monday in September of each year, detailed reports of the expenditures for the previous fiscal year; and, for the ensuing fiscal year, detailed estimates of the amounts necessary for the proper maintenance and administration of the departments shall be submitted on or before the third Friday in January. Section 9. Transition The members of the Finance Committee in office at the time of the adoption of the amendment to this By-law reducing the number of members of the Finance Committee from twelve to nine shall remain in office until the term of their appointment expires or they otherwise vacate their office, notwithstanding the reduction in the number of members, such that the reduction in the number of members from twelve to nine shall be accomplished over the course of a three year period by the appointment each year of three members by the Moderator.
Source page 3
VOTED: That the General By-laws be amended by deleting Section 13 of Article VIII and inserting in place
thereof a new Section 13 as set forth in the Warrant.
-13/e-'3b
Section 13. Denial, Revocation or Suspension of Local Licenses and Permits 8
(a) Any Town agency may deny any application for, or revoke or suspend a building permit, or any local license or
permit including renewals and transfers issued by any board, officer, department for any person, corporation
or business enterprise, who has neglected or refused to pay any local taxes, fees assessments, betterments
or any other municipal charges, including amounts assessed under MGL Chapter 40 Section 21D or with
respect to any activity, event or other matter which is the subject of such license or permit and which activity,
event, or matter is carried out or exercised on or about real estate whose owner has neglected or refused to
8-13a
pay any local taxes, fees assessments, betterments or any other municipal charges.
The Collector-Treasurer or other municipal official responsible for the records of all municipal taxes,
assessments, betterments and other municipal charges, hereinafter referred to as the Collector-Treasurer
shall annually and may periodically furnish to each department, Board, Commission or division, hereinafter
referred to as the licensing authority, that issues licenses or permits including renewals and transfers, a list of
any person, corporation, or business enterprise, hereinafter referred to as the party, that has neglected or
refused to pay any local taxes, fees, assessments, betterments or other municipal charges and that such
party has not filed in good faith a pending application for an abatement of such tax or a pending petition
before the Appellate Tax Board.
(b) The licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers of
any party whose name appears on said list furnished to the licensing authority from the Collector-Treasurer
with respect to any activity, event or matter which is the subject of such license or permit and which activity
is carried out or exercised or is to be carried out or exercised on or about the real estate owned by any party
w hose name appears on said list furnished to the licensing authority from the Collector-Treasurer; provided,
however, that written notice is given to the party and the Collector-Treasurer, as required by applicable
provisions of the law, and the party is given a hearing, to be held not earlier than fourteen days after said
notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to
any party. The Collector-Treasurer shall have the right to intervene in any hearing conducted with respect to
such license denial, revocation or suspension. Any findings made by the licensing authority with respect to
such license denial, revocation or suspension shall be made only for the purposes of such proceeding and
shall not be relevant to or introduced in any other proceeding at law, except for any appeal from any such
denial, revocation or suspension. Any license or permit denied, suspended or revoked under this section shall
not be reissued or renewed until the license authority receives a certificate issued by the Collector-Treasurer
that the party is in good standing with respect to any all local taxes, fees, assessments, betterments or other
m unicipal charges, payable to the municipality as of the date of issuance of said certificate.
(c) Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing
a uthority to issue a certificate indicating said limitations to the license or permit and the validity of said
license shall be conditioned upon the satisfactory compliance with said agreement. Failure to comply with
said agreement shall be grounds for the suspension or revocation of said license or permit; provided,
however, that the holder be given notice and a hearing as required by applicable provisions of law.
(d) The Board of Selectmen may waive such denial, suspension or revocation if it finds that there is no direct or
indirect business interest by the property owner, its officers or stockholders, if any, or members of his or her
i mmediate family, as defined in section one of chapter two hundred sixty-eight in the business or activity
conducted in or on said property.
This section shall not apply to the following licenses and permits: open burning; section thirteen of chapter
forty-eight; bicycle permits; section eleven A of chapter eighty-five; sales of articles for charitable purposes, section
thirty-three of chapter one hundred and one; children work permits, section sixty-nine of chapter one hundred and
forty- nine; clubs, associations dispensing food or beverage licenses, section twenty-one E of chapter one hundred
forty-nine; dog licenses, section one hundred and thirty-seven of chapter one hundred and forty; fishing, hunting,
trapping license, section twelve of chapter one hundred and thirty-one; marriage licenses, section twenty-eight of
e"13 Inserted under article 14, ATM 1992.
s-'3e As amended under article 21, ATM May 16, 1994.
8-13a
Inserted under article 29, ATM May 14, 1997.Source page 4
chapter two hundred and seven; and theatrical events, public exhibition permits, section one hundred and eighty-one
of chapter one hundred and forty, or to take any other action related thereto.
VOTED: That the General By-laws, Article XV, Wetlands Protection By-law, be amended as follows:
1. By inserting the following language into Section 3. Exceptions between the first and second paragraphs as a
new second paragraph:
"The permit and application required by this Wetlands Protection By-law shall not be required for vista
pruning, provided the activity occurs more than 50 feet from the mean annual high water line within a
Riverfront Area or from Bordering Vegetated Wetland, whichever is farther, or for vegetation cutting for public
safety limited to the removal of diseased or damaged trees or branches that pose an immediate and
substantial threat". (Pruning of landscape areas is not subject to jurisdiction under this Article XV).
2. By inserting the following language (shown in bold) into Section 5. Notice and Hearings:
"Any person filing an application or request for determination with the Commission at the same time shall
give written notice thereof, by certified mail, certificates of mai/ing, or hand delivery..."
VOTED: That Section 8.1.5, 'Procedures" of the Zoning By-Laws be amended by deleting in its entirety the
second sentence of Section 8.1.5.3 and substituting in its place the following:
"Said permit shall be automatically renewed for a subsequent three year term unless the Zoning Board of Appeals
determines before the end of any said term that the permit should be reviewed by the Board and by the Building
Commissioner. If after said review the Board determines that there may be violations of the terms of the permit, the
Board shall hold a hearing pursuant to M.G.L. c. 40A, s.li. If after said hearing the Board determines that there have
been violations the Board may amend the permit to address the violations, rescind the permit or recommend that the
Building Commissioner take other enforcement action. The permit holder shall have a right of appeal pursuant to
M.G.L. c.40A, s.17".
VOTED: That Section 10.5.14 'Lapse" of the Zoning By-Laws be amended by deleting the words "one (1)
year" and substituting in their place the words "two (2) years.
VOTED: That the Town of Canton General By-Laws be amended by adding a new Article XXIII, Stretch Energy
Code, as set forth in the warrant, to adopt the 'Stretch Energy Code" for the purpose of regulating the design and
construction of buildings for the effective use of energy, pursuant to Appendix 115.AA of the Massachusetts Building
Code, 780 CMR, including future editions, amendments and modifications.
ARTICLE XXIII
ADOPTION OF STRETCH ENERGY CODE
Section 1 Definitions
The terms below shall have the following meanings for the purposes of this Article XXIII.
International Energy Conservation Code (IECC) -The International Energy Conservation Code (IECC) is a building
energy code created by the International Code Council. It is a model code adopted by many state and municipal
governments in the United States for the establishment of minimum design and construction requirements for energy
efficiency, and is updated on a three-year cycle. The baseline energy conservation requirements of the MA State
Building Code are the IECC with Massachusetts amendments, as approved by the Board of Building Regulations and
Standards.Source page 5
Stretch Energy Code -Codified by the Board of Building Regulations and Standards as 780 CMR Appendix 115.AA of
the 8th edition Massachusetts Building Code, the Stretch Energy Code is an appendix to the Massachusetts Building
Code, based on further amendments to the International Energy Conservation Code (IECC) to improve the energy
efficiency of buildings built to this Code.
Section 2 Purpose
The purpose of 780 CMR 115.AA is to provide a more energy efficient alternative to the Base Energy Code applicable
to the relevant sections of the Building Code for both new construction and existing buildings.
Section 3 Applicability
The Stretch Code applies to residential and commercial buildings. Buildings not included in this scope shall comply
with 780 CMR 13, 34, 51, as applicable.
Section 4 Stretch Code
The Stretch Code, as codified by the Board of Building Regulations and Standards as 780 CMR Appendix 115.AA,
including any future editions, amendments or modifications, is herein incorporated by reference into these General
Bylaws, Article XXIII.
Section 5 Enforcement
The Stretch Code is enforceable by the Building Commissioner.
VOTED: That the Zoning By-Laws be amended by deleting Section 4.2.1, Build Factor and by renumbering
Sections 4.2.2, 4.2.3, 4.2.4, 4.2.5, 4.2.6 and 4.2.7 appropriately.
VOTED: That the "Zoning Map for the Town of Canton, Massachusetts, March 8, 1937" as amended be further
a mended to expand the Groundwater Protection Overlay District to include those parcels identified by the
Commonwealth of Massachusetts as Zone II Public Water Supply Well Head Areas.
VOTED: That the Zoning Map be amended by rezoning golf courses currently zoned as Single Residence A (SR-
A) to Single Residence AA (SR-AA). This would include the following parcels of land: the Milton-Hoosic, Blue Hills,
Wompatuck, and Brook Meadow Golf Courses. Said parcels of land are identified as Board of Assessors Map 67 Lot 1,
Map 48 Lot 1, Map 77 Lot 1, and Map 5 Lot 27.
VOTED: That the Zoning By-Laws Section 11.0 be amended:
1. By deleting the definition of "Manufacturing" and replacing it with the following:
Manufacturin4: The processing and manufacturing of materials, and the manufacturing of previously prepared
materials, of finished products or parts. This includes processing, fabrication, assembly treatment, packaging
incidental storage, sales and distribution of such products, including renewable and alternative energySource page 6
companies; but excludes the following uses: packaging of meat and fish products, heavy punch presses or
drop hammers.
2. By deleting the definition of "Scientific or Research Laboratory:" and replacing it with the following: Scientific
or Research Laboratory: Laboratory or research establishments including biotechnology companies (excluding
laboratories categorized as Level 4 by the National Institutes of Health), and renewable and alternative
energy companies.
VOTED: That Section 6.1 of the Zoning By-Law be amended
1. by deleting the existing Section 6.1.2. Mixed Uses and replacing it with the following:
Section 6.1.2. Mixed Uses. In the case of mixed uses, the parking spaces required shall be the sum of the
requirements for the various individual uses, computed separately in accordance with this Section. However, if the
Board of Appeals finds that the need for the shared parking occurs at different times, the Board may allow a
parking reduction.
by adding the following new subsection 6.1.7.4:
4. Smaller stalls for compact cars are allowed and recommended, up to 30% of the off-street parking provided.
Compact car spaces shall not be less than 8 feet by 16 feet. Compact-size parking spaces shall be grouped
together to the greatest possible extent in areas clearly designated for compact cars. Parking lots shall have a
system of signs that clearly indicates the location of compact car spaces. For parking areas with twenty or more
spaces, together with any reduction in total parking area obtained as a result of using compact-sized spaces, an
equal or greater area of open space shall be provided in addition to minimum landscaping requirements required
by the lot coverage provisions of Section 6.1.11.
3. by amending Section 6.1.9. Maintenance to read as follows:
Parking facilities and connecting drives shall be provided and maintained with a permanent, dust-free surface with
individual spaces properly marked and maintained. Adequate drainage shall be provided. Permeable paving for
parking stalls is allowed, as long as it meets other applicable maintenance requirements.
4. by amending section 6.1.11.1 Landscaping; Parking Areas with Twenty or More Spaces to read as follows:
1. The landscaped area shall be at least five (5) percent of the total interior parking lot area and five (5)
percent of the loading bay area. Landscape areas shall be an integral part of the parking lot or loading bay
and shall contain an appropriate mix of shade trees and other plants, such as vegetated islands with
bioretention areas. Planting along the exterior perimeter of a parking area, whether for required screening or
general beautification, shall not be considered part of the five (5) percent interior landscape.
VOTED: That the Zoning By-law be amended by adding a new Section 7.8 as follows:
7.8 Temporary Moratorium on the Sale and Distribution of Recreational Marijuana.
7.8.1 Purpose: By vote at the State election on November 8, 2016, the voters of the Commonwealth approved a law
regulating the cultivation, distribution, possession and use of marijuana for recreational purposes. The law provides
that it is effective on December 15, 2016 and the Cannabis Control Commission is required to issue regulations
regarding implementation by September 15, 2017. The time period for issuance of the regulations by the Cannabis
Control Commission has been extended by six months to March 15, 2018.
Currently under the Zoning By-law, Recreational Marijuana Establishments and Marijuana Retailers are not a permitted
use in the Town and any regulations promulgated by the State Cannabis Control Commission are expected to provide
g uidance to the Town in regulating Recreational Marijuana Establishments and Marijuana Retailers.
The regulation of Recreational Marijuana Establishments and Marijuana Retailers raises novel and complex legal,
planning, and public safety issues. The Town needs time to study and consider the regulation of Recreational Marijuana
Establishments and Marijuana Retailers and address such novel and complex issues, as well as to address the potential
i mpact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning
By-law regarding regulation of Recreational Marijuana Establishments and Marijuana Retailers and other uses related
to the regulation of recreational marijuana. The Town by this Section 7.8 adopts a temporary moratorium on the useSource page 7
of land and structures in the Town for Recreational Marijuana Establishments and Marijuana Retailers so as to allow
the Town sufficient time to engage in a planning process to address the effects of such structures and uses in the Town
and to adopt provisions of the Zoning By-haw in a manner consistent with sound land use planning goals and
objectives.
7.8.2 Definitions.
"Manufacture", to compound, blend, extract, infuse or otherwise make or prepare a marijuana product.
"Marijuana accessories", equipment, products, devices or materials of any kind that are intended or designed for use in
planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise
introducing marijuana into the human body.
"Marijuana cultivator", an entity licensed to cultivate, process and package marijuana, to deliver marijuana to
marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers.
"Marijuana establishment", a marijuana cultivator, marijuana testing facility, marijuana product manufacturer,
marijuana retailer or any other type of licensed marijuana-related business.
"Marijuana product manufacturer", an entity licensed to obtain, manufacture, process and package marijuana and
marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer
marijuana and marijuana products to other marijuana establishments, but not to consumers.
"Marijuana products", products that have been manufactured and contain marijuana or an extract from marijuana,
including concentrated forms of marijuana and products composed of marijuana and other ingredients that are
i ntended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
"Marijuana testing facility", an entity licensed to test marijuana and marijuana products, including certification for
potency and the presence of contaminants.
"Marijuana retailer", an entity licensed to purchase and deliver marijuana and marijuana products from marijuana
establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana
establishments and to consumers.
7.8.3 Temporary Moratorium.
For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town
hereby adopts a temporary moratorium on the use of land or structures for Recreational Marijuana Establishments and
Marijuana Retailers. The moratorium shall be in effect through June 30, 2018. During the moratorium period, the Town
shall undertake a planning process to address the potential impacts of recreational marijuana in the Town, consider
the Cannabis Control Commission regulations regarding Recreational Marijuana Establishments and Marijuana Retailers
and related uses, determine whether the town will prohibit on-site consumption at Recreational Marijuana
Establishments and Marijuana Retailers and shall consider adopting new provisions of the Zoning Bylaw to address the
i mpact and operation of Recreational Marijuana Establishments and Marijuana Retailers and related uses.
VOTED: That Section 3.1.4, Table of Use Regulations, Section F Commercial and Office Uses of the
Zoning By-Laws be amended by changing "N" to "Y" under the LI and LI(B) columns in the row for Trade Shop.
VOTED: That the Zoning Map be amended by rezoning the parcels listed in the warrant to the Parkland and
Open Space zoning district.
Map_Lot Owner Current Zoning Other Notes from View Permit
003_007_000 Dept of Cons & Rec SRA Fowl Meadow
007_002_000 Dept of Cons & Rec SRA Wetlands, Groundwater protection zone,
Neponset river
007_005_000 Dept of Cons & Rec SRA Wetlands, Groundwater protection zone,
Neponset riverSource page 8
007_006_000 Dept of Cons & Rec SRA Fowl Meadow, wetlands, groundwater
protection zone
007_007_000 Dept of Cons & Rec SRA Fowl Meadow, wetlands, groundwater
protection zone
007_016_000 Dept of Cons & Rec SRA Fowl Meadow, wetlands, groundwater
protection zone
007_018_000 Dept of Cons & Rec SRA Fowl Meadow, wetlands, groundwater
protection zone
008_003_000 Dept of Cons & Rec I wetlands, groundwater protection zone
035_002_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
protection, flood zone, wetlands
035_003_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
protection, flood zone, wetlands
035_005_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
protection, flood zone, wetlands
036_001_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
protection, flood zone, wetlands
036_002_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
protection, flood zone, wetlands
036_003_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
protection, flood zone, wetlands
036_004_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
protection, flood zone, wetlands
036_008_000 Dept of Cons & Rec SRAA wetlands, flood zone, scenic road
051_002_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
protection, flood zone, wetlands
051_003_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
protection, flood zone, wetlands
051_004_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
protection, flood zone, wetlands
052_006_000 Dept of Cons & Rec SRAA wetlands, scenic road
053_010_000 Dept of Cons & Rec SRAA scenic road
084_003_000 Dept of Cons & Rec SRAA Blue Hills
098_001_000 Dept of Cons & Rec SRAA Blue Hills
020_003_000 Trustees of the Reservation I wetlands, flood zone, watershed (dept.
of conservation & rec)
020_005_000 Trustees of the Reservation I wetlands, flood zone, watershed (dept.
of conservation & rec)
020_007_000 Trustees of the Reservation I wetlands, flood zone, watershed (dept.
of conservation & rec)
021_002_000 Trustees of the Reservation I wetlands, flood zone, watershed (dept.
of conservation & rec)
047_009_000 Town of Canton SRA wetlands, watershed, town well
location, flood zone
007_020_000 Town of Canton SRA Wetlands, flood zone, watershed
007_022_000 Town of Canton SRA Wetlands, flood zone, watershed
VOTED: That Article XVI, Section 24 Paragraph (d) Organization of the General By-Laws be amended by
deleting the words "President Secretary and Clerk" and inserting in place thereof the words "Chairman, Vice-Chairman,
Clerk and Treasurer".