Canton, Massachusetts · Saved source text
Annual Town Meeting 2019 Recommendations to the Voters
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Source page 41
ANNUAL TOWN MEETING MAY 13, 2019
Article 12 - MOTION 6
CAPITAL PLANNING DISCUSSION:
Pequitside Farm Parking Reconstruction ($200,000)
The Capital Planning Committee supports this request 5-0-0.
This debt capital request will improve the vehicle and pedestrian access to the Pequitside farm facility. Paving
improvements include widening the existing entrance and exit, the existing entrance is difficult to navigate by the
Canton Fire Department. It will also repave the driveways and parking areas at the facility, removing potholes and
cracked pavement that is currently unsafe to pedestrians and employees. This request will also relocate the
handicap parking spaces closer to the main building, and install a ADA walkway to the existing handicap entrance.
It will also remove dilapidated and unsafe tennis courts and surrounding fencing.
Fire Engine Refurbishment ($162,000)
The Capital Planning Committee supports this request 5-0-0.
This debt capital request is for the planned refurbishment of Engine 2. The refurbishment includes but is not limited
to body work, painting, repairs to pump and foam systems, evaluation of electrical systems, replacement of
emergency warning systems and upgrades to the brake and suspension systems. This capital request will allow the
Canton Fire Department to have Engine 2 function as a useful and reliable engine for another ten years, saving the
town the cost of purchasing new engines more frequently.
Replace DPW Pickup Truck with Freightliner Box Truck ($189,000)
The Capital Planning Committee supports this request 5-0-0.
This debt capital request is for the purchase of a Freightliner box truck that will be fitted out as a Highway Division
Foreman’s service truck carrying mechanical, hydraulic, and hand tools needed on the job site. The box truck can
be fitted with tools where as a pickup truck must be loaded and unloaded with tools for each job.
APPROVED__________DISAPPROVED__________
Article 12 – Motion 7
MOVED: That Eight Hundred Thirty Thousand Dollars ($830,000) be appropriated to be spent by
the Finance Director (in his capacity as Chief Procurement Officer) with the approval of the Department
of Public Works Superintendent and the Board of Selectmen to pay for the costs of water system design
of improvement costs and to meet said appropriation the Town Treasurer with the approval of the
Board of Selectmen be authorized to borrow pursuant to any applicable statute or any other enabling
authority as may be, the sum of Eight Hundred Thirty Thousand Dollars ($830,000). It is the intent
that the bonds and notes issued pursuant to this authority be general obligations of the town but are to
be repaid in the first instance from water revenues 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 a like amount.
FINANCE COMMITTEE VOTE: 7-0
Article 12 – MOTION 7
CAPITAL PLANNING DISCUSSION:
Water System Design ($830,000)
The Capital Planning Committee supports this request 4-0-0.
This is year one of a Water System Management Plan. This funding will cover design plans and specifications for
water distribution system improvements for 11 streets. These designs and future improvements are required
because a water distribution system must have sufficient capacity to provide adequate pressure while meeting the
demands of consumption and fire protection. While the service pressure throughout Canton’s system is good,
deficiencies exist in main size, line continuity and fire flow availability. These water system design plans will help
lead to the mitigation of these deficiencies.
APPROVED__________ DISAPPROVED__________
- 41 -Source page 42
ANNUAL TOWN MEETING MAY 13, 2019
Article 12 – MOTION 8
MOVED: That Two Hundred Ninety Thousand Dollars ($290,000) be appropriated to be spent by
the School Committee to pay costs of various capital projects and equipment as set forth below and to
meet said appropriation the Town Treasurer, with the approval of the Board of Selectmen, be
authorized to borrow, pursuant to any applicable statute or any other enabling authority as may be, the
sum of Two Hundred Ninety Thousand Dollars ($290,000) 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 a like amount.
FINCOM
RECOMMENDATIONS AMOUNT
Memorial Field Visitor Side Bleachers $100,000
Wi-Fi Backbone – Elementary, Rodman Admin., Preschool 68,000
CHS Roof Top Unit #17 122,000
________
TOTAL $290,000
The sums listed above are intended to be estimates of individual items but the amount to be
appropriated is one line item in the total amount of Two Hundred Ninety Thousand Dollars ($290,000).
The Finance Director and the School Business Administrator, acting jointly, are hereby authorized to
distribute such funds in such manner as may be needed to accomplish the foregoing list of projects;
provided, however, that each project contained in the list set forth above is undertaken and that any
excess funds are available because one or more of the listed projects cost less than was estimated and
not because a project intended to be undertaken is not so undertaken.
FINANCE COMMITTEE VOTE: 7-0
Article 12 – MOTION 8
CAPITAL PLANNING DISCUSSION:
Memorial Field Visitor Side Bleachers ($100,000)
The Capital Planning Committee supports this request 3-1-0
This debt capital request would replace the condemned bleachers at Memorial Field with new bleachers. The
current bleachers are a safety concern and need to be demolished. The new bleachers will have 125 seat capacity
and will be ADA accessible.
The dissenting position is that this request could be completed within the FY 2021 debt proposal to replace the
home side bleachers. $900,000 is planned for the home side bleachers in FY 2021 but the quote is only for
$750,000. The idea suggested by the dissenting vote was that the home side bleachers could potentially be
repurposed to also include seating for visitors.
WiFi Backbone – Elementary, Rodman Admin, Preschool ($68,000)
The Capital Planning Committee supports this request 5-0-0
This debt capital request will upgrade the WiFi backbone from 1GB to a 10GB frame. With the increase in
Chromebooks distributed to grades K-5, the School District will need to stay current with WiFi technology and
ensure the WiFi infrastructure is scalable going forward.
CHS Roof Top Unit #17 ($122,000)
The Capital Planning Committee supports this request 4-0-0
The existing roof top unit was manufactured 2/6/2004. Based on the ASHRAE equipment life expectancy chart, the
average life expectancy for this kind of unit is 15 years. The current plan is to install a 35-ton unit which provides
heating, air conditioning and air circulation to the auditorium. This multiple-zoned unit is connected to the
emergency management system and can be operated remotely. The Capital Planning Committee inquired about
the possibility of installing two separate 25-ton units, like those being installed at the Galvin Middle School. This
was determined not to be feasible since the 25-ton units did not have the multi-zone and emergency management
capabilities.
APPROVED__________ DISAPPROVED__________
- 42 -Source page 43
ANNUAL TOWN MEETING MAY 13, 2019
Article 12 – MOTION 9
MOVED: That Four Hundred Thirty Five Thousand Dollars ($435,000) be appropriated to be
spent by the Fire Chief with the approval of the Board of Selectmen for the purpose of replacing
Ambulance 2 and to meet this appropriation Four Hundred Thirty Five Thousand Dollars ($435,000) be
transferred from Ambulance Receipts Reserved for Appropriation Account.
FINANCE COMMITTEE VOTE: 7-0
Article 12 – MOTION 9
CAPITAL PLANNING DISCUSSION:
Replacement of Ambulance 2 ($435,000)
The Capital Planning Committee supports this request 4-0-0.
This request would fund replacement of Ambulance 2, a front line ambulance that is housed at Station 2.
Ambulance 2 is the town’s Advanced Life Support Ambulance, and is at its anticipated end of service life expiration
date and needs to be replaced due to increased maintenance costs and reliability. The town’s ambulances need to
be replaced sooner than expected due to increased wear and tear. EMS calls now account for 70% of the
department’s call volume.
APPROVED__________ DISAPPROVED__________
Article 12 – MOTION 10
MOVED: That Two Hundred Thirty Five Thousand Dollars ($235,000) be appropriated to be
spent by the Finance Director (in his capacity as Chief Procurement Officer) with the approval of the
Department of Public Works Superintendent and the Board of Selectmen for the purposes of various
water capital projects as set forth below and to meet said appropriation Two Hundred Thirty Five
Thousand Dollars ($235,000) be transferred from the water enterprise surplus (retained earnings).
FINCOM
RECOMMENDATIONS AMOUNT
Year 5 of the water portion of the Integrated Water
Resources Management Program Plan $50,000
Demolish Storage Building at Pine Street 185,000
________
TOTAL $235,000
The sums shown are intended to be estimates of individual items but the amount to be appropriated is
one line item in the total amount of Two Hundred Thirty Five Thousand Dollars ($235,000). The
Finance Director and the Town Administrator, acting jointly, are hereby authorized to distribute such
funds in such manner as may be needed to accomplish the foregoing list of projects; provided,
however, that each project contained in the list set forth above is undertaken and that any excess
funds are available because one or more of the listed projects cost less than was estimated and not
because a project intended to be undertaken is not so undertaken.
FINANCE COMMITTEE VOTE: 8-0
- 43 -Source page 44
ANNUAL TOWN MEETING MAY 13, 2019
Article 12 – MOTION 10
CAPITAL PLANNING DISCUSSION:
Year 5 - Integrated Water Resources Management Program (water portion) ($50,000)
The Capital Planning Committee supports this request 4-0-0.
The MASS DEP has required that municipalities develop a water resource management plan. This request is for the
“Year 5” water portion of a 5-year plan to manage the Town’s water, wastewater and storm water infrastructure.
The result of this plan will allow the Town to make smarter investments, achieve greater efficiency and be less
vulnerable to regulatory risk or “management by crisis”. The data driven methodology of the program balances the
activity, age, and stress on any given section of water infrastructure to achieve a balance of cost, risk and
performance. Completion of the resource management plan will provide the Town with a defined map for future
investments and keeps the Town in compliance with EPA protocol. The original $200,000 request was reduced to
$50,000 after the Town received a notice that a $150,000 grant is being awarded from the Massachusetts Clean
Water Trust for this project.
Demolish Storage Building at Pine Street ($185,000)
The Capital Planning Committee supports this request 4-0-0.
The storage building and associated well structure were declared of no use by Public Works and posted as unsafe.
Brick masonry walls are structurally unsafe and considered dangerous. The gable end wall is pulling away from roof
structure and the building envelop. Extensive repairs estimated at $2,000,000 would be required to repair the
building and make it safe for occupancy.
APPROVED__________ DISAPPROVED__________
Article 12 – MOTION 11
MOVED: That Two Hundred Thousand Dollars ($200,000) be appropriated to be spent by the
Finance Director (in his capacity as Chief Procurement Officer) with the approval of the Department of
Public Works Superintendent and the Board of Selectmen for the purpose of Year 5 of the sewer portion
of the integrated water resources management program plan and to meet said appropriation Two
Hundred Thousand Dollars ($200,000) be transferred from the sewer enterprise surplus (retained
earnings).
FINANCE COMMITTEE VOTE: 7-0
Article 12 – MOTION 11
CAPITAL PLANNING DISCUSSION:
Integrated Water Resources Management Program (sewer portion) ($200,000)
The Capital Planning Committee supports this request 4-0-0.
The MASS DEP has required that Municipalities develop a water resource management plan. This request is for the
“Year 5” sewer portion of a 5-year plan to manage the Town’s water, wastewater, storm water infrastructure. The
result of this plan will allow the Town to make smarter investments, achieve greater efficiency and be less
vulnerable to regulatory risk or “management by crisis”. The data driven methodology of the program balances the
activity, age, and stress on any given section of water infrastructure to achieve a balance of cost, risk and
performance. Completion of the resource management plan will provide the Town with a defined map for future
investments and keeps the Town in compliance with EPA protocol.
APPROVED__________ DISAPPROVED__________
- 44 -Source page 45
ANNUAL TOWN MEETING MAY 13, 2019
ARTICLE 13
ACCEPT GENERAL OR SESSION LAWS ENACTED BY THE GENERAL COURT
Article 13 To see if the town will vote to accept any general or session laws enacted by the General Court for the
benefit of cities or towns or of benefit to the Town of Canton, or to take any other action related thereto.
Board of Selectmen
MOVED: That the subject matter of Article 13 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 8-0
DISCUSSION: The Finance Committee recommends that this article be postponed indefinitely because there are
no laws enacted by the General Court to be adopted by the Town of Canton.
APPROVED__________DISAPPROVED__________
ARTICLE 14
APPROVAL OF FUNDING FOR THE ANNUAL 4TH OF JULY COMMUNITY CELEBRATION
Article 14 To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute,
transfer from available funds or transfer from Free Cash, a sum of money to be expended by the Director of Parks
and Recreation, with the approval of the Board of Selectmen, for the purpose of funding the annual July 4th
community celebration in 2019, or to take any other action related thereto with the intent these funds be available
in FY19 in anticipation of July 4, 2019.
Board of Selectmen for the Canton Recreation Commission
MOVED: That the sum of Thirty Five Thousand Dollars ($35,000) be transferred from Free Cash
(Undesignated Fund Balance) to be expended by the Finance Director as Chief Procurement Officer,
with the approval of the Board of Selectmen, for the July 4th community celebration in 2019 with the
intent that said funds shall be available in FY19 in anticipation of July 4, 2019.
FINANCE COMMITTEE VOTE: 8-0
DISCUSSION: The Finance Committee supports the use of Free Cash in the amount of $35,000 to be expended
by the Director of Parks and Recreation for the annual 4th of July community celebration.
APPROVED__________DISAPPROVED__________
- 45 -Source page 46
ANNUAL TOWN MEETING MAY 13, 2019
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 subject matter of Article 15 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 8-0
DISCUSSION: According to Massachusetts law, Town Meeting must vote to appropriate all sums over $150,000
recovered under the terms of any insurance policy. This vote allows the Town to take the insurance proceeds
received and transfer said funds to a designated account. The Finance Committee voted to recommend that this
article be indefinitely postponed as the Town has not received any insurance proceeds in excess of $150,000.
APPROVED__________DISAPPROVED__________
ARTICLE 16
VOTE TO RESCIND UNUSED BORROWING AUTHORIZATIONS
Article 16 To see if the town will vote to rescind unused borrowing authorizations previously voted by the Town, or
to take any other action related thereto.
Board of Selectmen
MOVED: That the following unused borrowing authorizations previously voted by the Town be
hereby rescinded:
Bond
Authorized Authorized Bonds Debt Premium To Be
Date Art. Mot. Purpose Debt Issued Unissued Used Rescinded
Title V Septic
4/29/1998 23 $200,000 $0 $200,000 $0 $200,000
Repairs
Fire Engine
5/8/2017 12 5 $745,000 $684,000 $61,000 $61,000 $61,000
Purchase
5/8/2017 12 5 Street Sweeper $227,000 $209,000 $18,000 $18,000 $18,000
Totals $1,172,000 $893,000 $279,000 $79,000 $279,000
FINANCE COMMITTEE VOTE: 7-0
DISCUSSION: The Finance Committee voted to recommend that a total of $279,000 in unused borrowing
authority be rescinded for three projects listed above. These funds are no longer needed for these projects.
APPROVED__________DISAPPROVED__________
- 46 -Source page 47
ANNUAL TOWN MEETING MAY 13, 2019
ARTICLE 17
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 appropriated for Fiscal
Year ending June 30, 2019 to be deposited in the Town’s Stabilization Fund, and to meet this
appropriation $500,000 be hereby transferred from Free Cash (Undesignated Fund Balance) in the
treasury of the Town.
FINANCE COMMITTEE VOTE: 9-0
DISCUSSION: This motion transfers the sum of $500,000 from the Town’s Free Cash account to the Town’s
Stabilization Fund. In either account, the money is available for future appropriation by the voters at Town
Meeting. However, once transferred to the Stabilization Fund, it will require a two-thirds vote of Town Meeting to
appropriate the funds rather than a simple majority. The Finance Committee supports this motion to emphasize
that the money is to be held in reserve for emergency use only.
APPROVED__________DISAPPROVED__________
ARTICLE 18
INCREASE SPECIAL EDUCATION RESERVE ACCOUNT (SCHOOLS)
Article 18 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 the Special Education Reserve Account or
to take any other action related thereto.
Board of Selectmen for the School Committee
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: 9-0
DISCUSSION: The Finance Committee voted to recommend a transfer of $700,000 from free cash to the
Special Education Stabilization Fund. Special education costs are volatile and challenging to budget for from year
to year. Additionally, state circuit breaker funds that reimburse the town for some special education expenses are
received in the year after the expenses are incurred. The Special Education Stabilization fund provides a
mechanism to set aside funds to be used to cover special education expenses that exceed the School Department’s
operating budget.
APPROVED__________DISAPPROVED__________
- 47 -Source page 48
ANNUAL TOWN MEETING MAY 13, 2019
ARTICLE 19
RECOMMENDATIONS OF THE COMMUNITY PRESERVATION COMMITTEE
Article 19 To see if the Town will vote to adopt and approve the recommendations of the Community
Preservation Committee for Fiscal Year 2020 and to see if the Town will vote to implement such recommendations
by appropriating a sum or sums of money from the Community Preservation Fund established pursuant to Chapter
44B of the General Laws, or otherwise to raise and appropriate, transfer from available funds or borrow pursuant to
any applicable statute a sum of money for such purposes; to authorize the Board of Selectmen, with the approval
of the Community Preservation Committee, to acquire by purchase, gift or eminent domain such real property and
property interests in the name of, or enforceable by the Town, including perpetual affordable housing restrictions,
conservation restrictions and historical preservation restrictions, and to dispose of Town property or portions
thereof or interests therein, all as may be required by the Community Preservation Act and Chapter 184 of the
General Laws and as may be necessary or appropriate to carry out the recommendations of the Community
Preservation Committee; or to take any other action related thereto.
Board of Selectmen for the Community Preservation Committee
Article 19 - COMMUNITY PRESERVATION COMMITTEE MOTION 1
MOVED: That the sum of Thirty Thousand Dollars ($30,000) be appropriated from the FISCAL
YEAR 2020 Community Preservation Fund revenues for the administrative expenses of the Community
Preservation Committee in FISCAL YEAR 2020 provided however, that any amounts not used during the
year for administrative expense shall roll over to the general CPA fund at the end of Fiscal Year 2020.
FINANCE COMMITTEE VOTE: 8-0
Article 19 - MOTION 1
DISCUSSION: This motion is an annual motion appropriating funds from the Community Preservation Act (CPA)
monies to fund the administrative and operating expenses of the Community Preservation Committee. Under the
Community Preservation Act, the Town may appropriate up to five percent of the total funds collected through the
local CPA surcharge as well as state matching funds, to be used for the Committee’s administrative and operating
expenses. The sum of $30,000 is based on the total estimated receipts for fiscal year 2020. Any amounts not used
during the year for legally permitted administrative expenses or operating expenses will roll over to the general
CPA fund at the end of fiscal year 2020.
APPROVED__________DISAPPROVED__________
Article 19 - COMMUNITY PRESERVATON COMMITTEE MOTION 2
MOVED: That the following fund transfers be hereby made in FISCAL YEAR 2020 as
recommended by the Community Preservation Committee:
A. Sixty Five Thousand Dollars ($65,000) be transferred from FISCAL YEAR 2020 receipts
of the Community Preservation Fund into the Fund Balance Reserved for Open Space;
B. Sixty Five Thousand Dollars ($65,000) be transferred from FISCAL YEAR 2020 receipts
of the Community Preservation Fund into the Fund Balance Reserved for Historic
Resources;
C. Sixty Five Thousand Dollars ($65,000) be transferred from FISCAL YEAR 2020 receipts
of the Community Preservation Fund into the Fund Balance Reserved for Community
Housing; and
D. Four Hundred Twenty Five Thousand Dollars ($425,000) be transferred from FISCAL
YEAR 2020 receipts of the Community Preservation Fund into the Undesignated Fund
Balance Reserved for Community Preservation Act.
FINANCE COMMITTEE VOTE: 8-0
- 48 -Source page 49
ANNUAL TOWN MEETING MAY 13, 2019
Article 19 - MOTION 2
DISCUSSION: The Finance Committee supports this motion to transfer CPA fiscal year 2020 receipts into
designated reserve funds as allowed under the CPA, thereby allowing the Town to have these funds available for
future appropriation. Conservative estimates of FY 2020 receipts exceed $650,000 and there is a required funding
reserve of ten percent (10%) of the total receipts for each of the categories of historic preservation, open
space/recreation, and public housing. Consequently, the 10% allocation for each of these funding categories will
increase from $60,000 to $65,000 for FY 2020 while $425,000 in FY 2020 receipts will be transferred to the
undesignated reserve fund for use in any of the three funding categories.
APPROVED__________DISAPPROVED__________
Article 19 - COMMUNITY PRESERVATION COMMITTEE MOTION 3
MOVED: That the sum of Two Hundred Ninety Thousand Dollars ($290,000) be appropriated to
be spent by the Chief Procurement Officer with the approval of the Board of Selectmen for debt service
and expenses associated with the open space land acquisition at the Paul Revere Heritage Site and to
fund this appropriation Two Hundred Ninety Thousand Dollars ($290,000) be transferred from the
Undesignated Fund Balance Reserved for Community Preservation Act.
FINANCE COMMITTEE VOTE: 8-0
Article 19 - MOTION 3
DISCUSSION: The Finance Committee voted unanimously in support of the debt payment motion on the 10-
year, $2,065,500 bond for the purchase of the Paul Revere Heritage Site (approved by ATM in 2015) and
associated land improvements (ATM 2018). This motion authorizes the Town to make the first payment on the
bond in FY 2020.
APPROVED__________DISAPPROVED__________
Article 19 - COMMUNITY PRESERVATION COMMITTEE MOTION 4
MOVED: That the sum of Fifty Five Thousand Dollars ($55,000) be appropriated to be spent by
the Chief Procurement Officer with the approval of the Board of Selectmen for the installation of
interpretive signage at the Paul Revere Heritage Site and to fund this appropriation Fifty Five Thousand
Dollars ($55,000) be transferred from the Fund Balance Reserved for Open Space and Recreation.
FINANCE COMMITTEE VOTE: 8-0
Article 19 - MOTION 4
DISCUSSION: The Finance Committee voted unanimously in support of the Canton Community Preservation
Committee’s (CCPC) recommendation to appropriate $55,000 to create and install up to twenty-five interpretive
signs at the Paul Revere Heritage Site. The signs will provide information on the flora and fauna found on the site;
the history of the Revere family at this location; the changes to the site over time; and the recent transformation
of the property. This signage will improve the experience of visitors to this historic and natural asset in the coming
years. The applicant secured significant private funding as well as in-kind support for this capital improvement
project.
APPROVED__________DISAPPROVED__________
- 49 -Source page 50
ANNUAL TOWN MEETING MAY 13, 2019
Article 19 - COMMUNITY PRESERVATION COMMITTEE MOTION 5
MOVED: That the sum of Sixty Two Thousand One Hundred Seventy One Dollars and Fifty Six
Cents ($62,171.56) be appropriated to be spent by the Chief Procurement Officer with the approval of
the Board of Selectmen for Phase One design and engineering services for the Earl Newhouse
Waterfront and to fund this appropriation Ten Thousand Dollars ($10,000) be transferred from the
Fund Balance Reserved for Open Space and Recreation and Fifty Two Thousand One Hundred Seventy
One Dollars and Fifty Six Cents ($52,171.56) be transferred from the Undesignated Fund Balance
Reserved for Community Preservation Act.
FINANCE COMMITTEE VOTE: 8-0
Article 19 - MOTION 5
DISCUSSION: The Finance Committee voted unanimously in support of the CCPC’s recommendation to
appropriate $62,171.56 to fund design and engineering services for the Earl Newhouse Waterfront Area. The Town
recently completed a CPA-funded master plan for the site, which sets forth a comprehensive list of desired
improvements and site amenities. Implementation of the master plan is expected to occur in phases over multiple
years. This round of funding will result in fully-developed site plans that can be used for bidding, permitting and
construction of the phase one activities specified in the master plan. These plans have the potential to enhance the
recreational use of the Newhouse waterfront area.
APPROVED__________DISAPPROVED__________
Article 19 - COMMUNITY PRESERVATION COMMITTEE MOTION 6
MOVED: That the sum of Fifty Thousand Dollars ($50,000) be appropriated to be spent by the
School Committee for refinishing the basketball courts and installing new fencing at the John F.
Kennedy Elementary School basketball courts and to fund this appropriation Fifty Thousand Dollars
($50,000) be transferred from the Undesignated Fund Balance Reserved for Community Preservation
Act.
FINANCE COMMITTEE VOTE: 8-0
Article 19 - MOTION 6
DISCUSSION: The Finance Committee voted unanimously in support of the CCPC’s recommendation to
appropriate $50,000 to (1) replace the fencing around and (2) rehabilitate the surface of the basketball courts at
the Kennedy Elementary School. This is a priority project for the school committee as the extensively-used courts
at this location have become a safety concern. The School Committee agreed to cover project-related costs in
excess of the CPA funding amount. This rehabilitation will allow these courts to continue to help serve the
recreational needs of Canton residents and the students at the Kennedy School while also improving safety.
APPROVED__________DISAPPROVED__________
- 50 -Source page 51
ANNUAL TOWN MEETING MAY 13, 2019
Article 19 - COMMUNITY PRESERVATION COMMITTEE MOTION 7
MOVED: That the sum of Eighty Thousand Dollars ($80,000) be appropriated to be spent by the
Chief Procurement Officer with the approval of the Board of Selectmen for the reconstruction and
rehabilitation of baseball and softball fields at the Duggan, Decembrele, Gibson, Walsh, Ponkapoag,
Sullivan and Ruane fields and to fund this appropriation Eighty Thousand Dollars ($80,000) be
transferred from the Undesignated Fund Balance Reserved for Community Preservation Act.
FINANCE COMMITTEE VOTE: 8-0
Article 19 - MOTION 7
DISCUSSION: The Finance Committee voted unanimously in support of the CCPC’s recommendation to
appropriate $80,000 to fund the reconstruction/rehabilitation of the baseball and softball facilities at Duggan,
Decembrele, Gibson, Walsh, Ponkapoag, Sullivan and Ruane fields. The scope of the project will include: restoring
fields to regulation size; rebuilding pitcher’s mounds/circles to proper location, slope and elevation; laser grading
infields; removing lips on grass edges; and installing soil, sod and/or infield mix. These capital improvement
projects will be managed by the Park & Recreation Department. These modifications will improve the utility of
these fields and will enhance the experience of residents using them.
APPROVED__________DISAPPROVED__________
Article 19 - COMMUNITY PRESERVATION COMMITTEE MOTION 8
MOVED: That the sum of Thirty Five Thousand Dollars ($35,000) be appropriated to be spent by
the School Committee for the construction of a SHINE embankment slide at the Dean S. Luce
Elementary School and to fund this appropriation Thirty Five Thousand Dollars ($35,000) be
transferred from the Undesignated Fund Balance Reserved for Community Preservation Act.
FINANCE COMMITTEE VOTE: 8-0
Article 19 - MOTION 8
DISCUSSION: The Finance Committee voted unanimously in support of the CCPC’s recommendation to
appropriate $35,000 for the embankment slide(s) at the Luce School. The proposed slides will provide a unique
outdoor playground experience for users (including non-student users outside of school hours) as well as quick
access to the lower playground at this site. The slides will be installed simultaneously with separately-funded work
to construct stairs and address erosion issues, significantly reducing the cost of the overall project. There was
demonstrated public support for the project as well as tentative funding commitments from the Canton Association
of Parents and Teachers (CAPT) and the Paul R. Matthews Foundation. This slide would strengthen the local
community at the school while providing an attraction that many residents can enjoy.
APPROVED__________DISAPPROVED__________
- 51 -Source page 52
ANNUAL TOWN MEETING MAY 13, 2019
Article 19 - COMMUNITY PRESERVATION COMMITTEE MOTION 9
MOVED: That the sum of Two Hundred Thousand Dollars ($200,000) be appropriated to be
spent by the Chief Procurement Officer with the approval of the Board of Selectmen to fund costs to
replace the Bolivar Pool and to fund this appropriation Two Hundred Thousand Dollars ($200,000) be
transferred from the Undesignated Fund Balance Reserved for Community Preservation Act provided
however that this appropriation shall not take effect unless a motion to fund the totality of proposed
repairs to Bolivar Pool pursuant to Article 20 of this warrant is favorably acted upon and, if applicable,
funded through favorable action by ballot of a debt exclusion override so that this motion for
Community Preservation fund appropriation becomes a component part of the overall appropriations of
the funds deemed necessary by town meeting to accomplish the totality of proposed repairs to Bolivar
Pool.
FINANCE COMMITTEE VOTE: 9-0
Article 19 - MOTION 9
DISCUSSION: The Finance Committee voted 9-0 in support of the CCPC’s recommendation to appropriate
$200,000 toward the replacement of the pool complex at Bolivar Pool. The existing pool and associated amenities
have been in place for more than forty years and the facility is reaching the end of its useful life. The Parks &
Recreation Department completed a design study, which provided a cost estimate for the full project of $6.1
million. The CCPC recommendation is contingent upon the remaining project funds being secured. The
replacement of the pool complex will ensure that the residents of Canton have a state-of-the-art aquatic facility to
serve their recreational and public safety needs.
APPROVED__________DISAPPROVED__________
Article 19 - COMMUNITY PRESERVATION COMMITTEE MOTION 10
MOVED: That the sum of Seventy Four Thousand Dollars ($74,000) be appropriated to be spent
by the Canton Housing Authority for the purpose of replacing siding at the Brayton Circle Housing
complex and to fund this appropriation Seventy Four Thousand Dollars ($74,000) be transferred from
the Fund Balance Reserved for Community Housing.
FINANCE COMMITTEE VOTE: 8-0
Article 19 - MOTION 10
DISCUSSION: The Finance Committee voted unanimously in support of the CCPC’s recommendation to
appropriate $74,000 for the siding replacement project at the Brayton Circle Housing Complex. Brayton Circle
provides twelve units of barrier free housing for local residents with disabilities. This preservation project is on the
Canton Housing Authorities capital project plan and half of the project cost will be funded by the Department of
Housing and Community Development. One of the three pillars of the CPA is community housing and this project
will help provide safe and quality housing for the residents of the Brayton Circle Housing Complex.
APPROVED__________DISAPPROVED__________
- 52 -Source page 53
ANNUAL TOWN MEETING MAY 13, 2019
Article 19 - COMMUNITY PRESERVATION COMMITTEE MOTION 11
MOVED: That the sum of Twenty Eight Thousand Dollars ($28,000) be appropriated to be spent
by the Department of Public Works for the purpose of replacing the copper roof at the Town Hall and to
fund this appropriation Twenty Eight Thousand Dollars ($28,000) be transferred from the Fund Balance
Reserved for Historic Resources.
FINANCE COMMITTEE VOTE: 8-0
Article 19 - MOTION 11
DISCUSSION: The Finance Committee voted unanimously in support of the CCPC’s recommendation to
appropriate $28,000 to replace the copper roof at Memorial Hall in accordance with the Department of Interior
standards for historic preservation. The replacement will maintain the historic integrity of Town Hall and will
prevent damage to the façade of this prominent public building, preventing greater repair costs later.
APPROVED__________DISAPPROVED__________
Article 19 - COMMUNITY PRESERVATION COMMITTEE MOTION 12
MOVED: That the sum of Thirty Seven Thousand One Hundred Twenty Dollars ($37,120) be
appropriated to be spent by the Canton Historical Society for the purpose of repairing, preserving and
digitizing the documents in Volume 1 of a collection entitled Ancient Stoughton Records and to fund
this appropriation Thirty Seven Thousand One Hundred Twenty Dollars ($37,120) be transferred from
the Fund Balance Reserved for Historic Resources.
FINANCE COMMITTEE VOTE: 8-0
Article 19 - MOTION 12
DISCUSSION: The Finance Committee voted unanimously in support of the CCPC’s recommendation to
appropriate $37,120 to repair, preserve and digitize a series of historic documents dating back to 1636. The
funding will cover the first of three volumes in the Ancient Stoughton Records collection which contains deeds,
records, letters from the Town’s earliest days. The full cost of this historic resources project is expected to be just
over $46,000. The Canton Historical Society has committed to funding the cost differential (approximately 20% of
the estimated project cost). This restoration and preservation project will help protect these original historic
documents while also making them more accessible to the public through digitization.
APPROVED__________DISAPPROVED__________
Article 19 – FINANCE COMMITTEE MOTION 13
MOVED: That the Board of Selectmen, with the approval of the Community Preservation
Committee be hereby authorized in connection with Motions three through twelve above to acquire
such real property and property interest in the name of, or enforceable by the Town, including
conservation restrictions and to dispose of town property or portions thereof or interests therein as
may be necessary pursuant to the Community Preservation Act or appropriate to carry out the
recommendations of the Community Preservation Committee.
FINANCE COMMITTEE VOTE: 8-0
Article 19 – MOTION 13
DISCUSSION: This motion will authorize the Board of Selectmen to acquire interests in real estate or the
issuance of applicable restrictions upon town real estate interests as necessary for the projects set forth in motions
three through twelve of this article. This motion was recommended by Town Counsel.
APPROVED__________DISAPPROVED__________
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ANNUAL TOWN MEETING MAY 13, 2019
ARTICLE 20
BOLIVAR POOL PROJECT FUNDS APPROPRIATION
Article 20 To see if the Town will vote to raise and appropriate, to transfer from available funds, or borrow
pursuant to any applicable statute, a sum of money, for the Board of selectmen and Building Renovation
Committee to expend for purposes of designing, permitting, environmental cleanup, reconstructing, constructing,
repairing and equipping of the Bolivar Pool located at 199 Bolivar Street, Canton, MA 02021, provided however that
any vote taken hereunder may be expressly contingent upon approval by the voters of a Proposition 2 ½ debt
exclusion question in accordance with the provisions of G.L. c.59, §21C, or take any other action related thereto.
Board of Selectmen
MOVED: That
(a) Five Million Nine Hundred Thousand Dollars ($5,900,000) be appropriated for the purpose of
designing, permitting, environmental cleanup, reconstructing, constructing, repairing and equipping of
the town facility known as the Bolivar Pool Aquatic Center located at 199 Bolivar Street in the Town of
Canton, and to meet this appropriation the Treasurer of the Town , with the approval of the Canton
Board of Selectmen, is hereby authorized to borrow (and to issue bonds or notes of the Town
therefore) Five Million Nine Hundred Thousand Dollars ($5,900,000), provided however, that this
appropriation taken hereunder shall not take effect unless or until a ballot question is voted by the
voters to exempt the debt from the limitations of proposition two and one half so called in accordance
with the provisions of G. L. c. 59 section 21C(k), and
(b) that 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 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 a like
amount, and further
(c ) that the Canton Board of Selectmen and the Canton Building Renovations Committee are
authorized jointly to expend all sums therefore, including a separate appropriation made pursuant to
Article 19, Motion 9 of the May 13 2019 Annual Town Meeting.
FINANCE COMMITTEE VOTE: 7-0
DISCUSSION: The Bolivar Pool needs extensive renovations that make it more cost effective to replace the
pool. This article proposes to authorize borrowing, subject to approval of a debt exclusion override at a special
town election, to demolish the existing facility and construct a new pool, deck, bathhouse, splash pad and make
site improvements. The new pool and deck will be more accessible, including a zero entry for the pool. There will
be new and additional bath facilities as well as storage space in the building. There will be swimmers’ lanes so that
the pool can continue to be used for swim meets. The estimated cost of $6,447,719 will be offset by $340,000 in
funds already appropriated. If CPA funds of $200,000 are approved for a portion of the cost that will also decrease
the borrowing leaving a net of $5.9 million sought in this article. For the average homeowner the property tax
increase from paying off bonds of $5.9 million would be approximately $33.00 per year for 20 years. The Finance
Committee recommends approval.
The Board of Selectmen plan to hold informational meetings regarding the pool project at the Canton Public Library
on Thursday, April 25th and Monday, April 29th at 7:00 p.m.
APPROVED__________DISAPPROVED__________
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ANNUAL TOWN MEETING MAY 13, 2019
ARTICLE 21
SPECIAL TAX AGREEMENT WITH SPEAR STREET CAPITAL
Article 21 To see if the Town will vote to authorize the Board of Selectmen (a) to enter into a Special Tax
Assessment Agreement (“STA Agreement”) with Spear Street Capital for the property located at 1 Orchard Way in
Canton in the form of agreement consistent with the proposed STA Agreement on file in the Office of the Board of
Selectmen, (b) to execute the STA Agreement and any amendments and documents relating thereto on terms and
conditions determined by the Board of Selectmen to be in the best interest of the Town, and (c) to undertake any
actions deemed by the Board of Selectmen to be necessary to effectuate the STA Agreement, including but not
limited to submitting to Massachusetts’ Economic Assistance Coordinating Council (EACC), the STA Agreement
and all such documents and information necessary to have the EACC approve the STA Agreement and certify a
project consistent with the STA Agreement; to determine that the project authorized by the STA Agreement is
consistent with the Town’s economic development objectives and is likely to increase or retain employment
opportunities for Town residents; or to take any other action related thereto.
Board of Selectmen
MOVED: That the Board of Selectmen be hereby authorized
(a) to enter into a Special Tax Assessment Agreement (“STA Agreement”) with Spear Street Capital for
the property located at 1 Orchard Way in Canton in the form of agreement consistent with the proposed
STA Agreement on file in the Office of the Board of Selectmen,
(b) to execute the STA Agreement and any amendments and documents relating thereto on terms and
conditions determined by the Board of Selectmen to be in the best interest of the Town, and
(c) to undertake any actions deemed by the Board of Selectmen to be necessary to effectuate the STA
Agreement, including but not limited to submitting to Massachusetts’ Economic Assistance
Coordinating Council (EACC), the STA Agreement and all such documents and information necessary to
have the EACC approve the STA Agreement and certify a project consistent with the STA Agreement; to
determine that the project authorized by the STA Agreement is consistent with the Town’s economic
development objectives and is likely to increase or retain employment opportunities for Town
residents.”
FINANCE COMMITTEE VOTE: 9-0
DISCUSSION: The Finance Committee recommends approval of this article, which relates to the property
formerly owned by Reebok. Reebok had a 20 year Tax Increment Financing agreement with the town for the land
and buildings which is due to expire soon. This article would approve a five year special tax assessment agreement
between the Town and 1895 JW Owner, LLC, also known as Spear Street Capital, the new owner of the property. it
provides for a tax abatement on the buildings only, of 50% the first year, 40% the second year, 30% the third
year, 20% the fourth year, and 10% the fifth year. The agreement has been approved by the Board of Selectmen
and the Board of Assessors, and will encourage re-investment in the buildings and creation of new jobs.
APPROVED__________DISAPPROVED__________
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ANNUAL TOWN MEETING MAY 13, 2019
ARTICLE 22
AMEND GENERAL BY-LAW RELATIVE TO THE COMPOSITION OF THE MAPPING COMMISSION
Article 22 To see if the Town will Amend General By-law Article 16 Section 17(b) by changing the wording
regarding the composition as follows:
By striking “The Mapping Commission shall consist of the Superintendent of Public Works, the head of the
engineering division within the Department of Public Works, the Town Planner and the Information Systems
Manager who shall serve by virtue of their office as
members of the Mapping Commission.”
And adding “The Mapping Commission shall consist of Town Engineer within the Department of Public Works, the
Town Planner, the GIS Coordinator, and the Information Systems Manager who shall serve by virtue of their office
as members of the Mapping Commission.” or to take any other action related thereto.
Board of Selectmen
MOVED: That General By-law Article 16 Section 17(b) be amended as printed in the warrant.
FINANCE COMMITTEE VOTE: 8-0
DISCUSSION: The Mapping Commission will replace the Superintendent of the Department of Public Works with
the Town Engineer within the Department of Public Works. Also, the Mapping Commission will add a GIS
Coordinator. The Town Planner will remain with the Mapping Commission.
APPROVED__________DISAPPROVED__________
ARTICLE 23
AUTHORIZE A FIVE (5) YEAR LEASE FOR FIRE DEPARTMENT EQUIPMENT STORAGE
Article 23 To see if the Town will vote to authorize the Board of Selectmen to enter into a lease for a term of up to
five (5) years for rental of a storage facility to be used to store Fire Department Equipment and to see if the Town
will vote to raise and appropriate, transfer from available funds or free cash, or borrow pursuant to any applicable
statute, a sum of money necessary to pay such lease costs or to take any other action related thereto.
Board of Selectmen
MOVED: That the Board of Selectmen be authorized to enter into a lease for a term of up to five
(5) years for rental of a storage facility to be used to store Fire Department Equipment and that Fifty
Thousand Dollars ($50,000) be appropriated from the Ambulance Receipts Reserved for Appropriation
Account to be spent by the Board of Selectmen for this purpose.
FINANCE COMMITTEE VOTE: 8-0
DISCUSSION: The Finance Committee voted to recommend an appropriation of $50,000 from the Ambulance
Fund to establish a short term lease agreement of up to five years, on a 4500 square foot garage space. This lease
should not exceed five years and the total amount of $250,000. Due to the influx of required equipment and the
increased sizes of fire apparatus over the past 10-15 years, the Fire Department is out of storage space. This
rented space will be used to store the fire alarm boom truck, a service truck, emergency lighting, an air cascade
trailer, and will also include a mechanics bay for auto repairs, thus freeing up a bay at the fire department
headquarters. The use of this storage facility is a short-term solution, as a decision will need to be made to
construct additional storage at one of the existing fire stations or build a third fire station.
APPROVED__________DISAPPROVED__________
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ANNUAL TOWN MEETING MAY 13, 2019
ARTICLE 24
ADOPT MUNICIPAL MODERNIZATION ACT PERTAINING TO THE ESTABLISHMENT OF SPEED LIMITS AND
SAFETY ZONES
Article 24 To see if the Town adopt Municipal Modernization Act, Chapter 218 of the Acts of 2016 sections 193 and
194, pertaining to the establishment of speed limits and safety zones, as follows:
Section 193 Chapter 90 of the General Laws is hereby amended by inserting after section 17B the following
section:-
Section 17C. (a) Notwithstanding section 17 or any other general or special law to the contrary, the city
council, the transportation commissioner of the city of Boston, the board of selectmen, park commissioners, a
traffic commission or traffic director of a city or town that accepts this section in the manner provided in section 4
of chapter 4 may, in the interests of public safety and without further authority, establish a speed limit of 25 miles
per hour on any roadway inside a thickly settled or business district in the city or town on any way that is not a
state highway.
(b) Upon establishing a speed limit under this section, the city or town shall notify the department. The
operation of a motor vehicle at a speed in excess of a speed limit established under this section shall be a violation
of section 17.
SECTION 194. Said chapter 90 is hereby further amended by inserting after section 18A the following section:-
Section 18B. (a) Notwithstanding section 18 or any other general or special law to the contrary, the city
council, the transportation commissioner of the city of Boston, the board of selectmen, park commissioners, a
traffic commission or traffic director of a city or town that accepts this section in the manner provided in section 4
of chapter 4 may, in the interests of public safety and without further authority, establish designated safety zones
on, at or near any way in the city or town which is not a state highway, and with the approval of the department if
the same is a state highway. Such safety zones shall be posted as having a speed limit of 20 miles per hour.
(b) The operation of a motor vehicle in such zone at a speed exceeding the speed limit established under this
section shall be a violation of section 17.
Board of Selectmen
MOVED: That section 193 and section 194 of chapter 2018 of the Acts of 2016 be hereby
accepted by and for the Town of Canton.
FINANCE COMMITTEE VOTE: 8-0
DISCUSSION: The Finance Committee recommends approval of this Article, which will accept two provisions of
the Municipal Modernization Act that allow the Board of Selectmen to set certain speed limits without having to
obtain state approval first. The first provision allows the Board of Selectmen to set a speed limit of 25 miles per
hour on any roadway inside a thickly settled or business district in the town that is not a state highway. The
second allows the Board of Selectmen to establish "safety zones" which will have a speed limit of 20 miles per hour
on any roadway that is not a state highway.
APPROVED__________DISAPPROVED__________
ARTICLE 25
AMEND BY-LAW REGARDING FINES AND PENALTIES FOR VIOLATING DOG LICENSING REGULATIONS
Article 25 To see if the Town will amend the Town of Canton By-Law Article 14 Section 39 Sub-section 9 regarding
dog licensing regulations as follows: (a) Failure to License a Dog in a timely manner by striking $25 and adding
$50 or to take any other action related thereto.
Board of Selectmen
MOVED: That the Town amend the Town of Canton By-Law Article 14 Section 39 Sub-section 9
regarding dog licensing regulations as follows: (a) Failure to License a Dog in a timely manner by
striking $25 and adding $50.
FINANCE COMMITTEE VOTE: 8-0
DISCUSSION: The Finance Committee voted to recommend the fines for failing to license a dog in a timely
manner be increased from $25 to $50. This fee was set many years ago and an increase is warranted at this time.
APPROVED__________DISAPPROVED__________
- 57 -Source page 58
ANNUAL TOWN MEETING MAY 13, 2019
ARTICLE 26
GRANTING AND ACCEPTING OF EASEMENTS AT THE CANTON AQUATIC CENTER AND WATERFALL HILLS
AT CANTON
Article 26 To see if the town will vote to authorize the Board of Selectmen to lease, convey, transfer sell, or grant
an easement providing a right of way across certain land of the Town of Canton upon which is located the Canton
Aquatic Center, 199 Bolivar Street in the Town of Canton being Map 41, Parcel 41, for Waterfall Hills at Canton LLC
to access the land upon which Waterfall Hills at Canton LLC is located, being Map 41, Parcels 37, 42, and 94 upon
such terms as the Board of Selectmen may determine as being in the best interests of the town;
to authorize the Board of Selectmen to acquire by purchase, gift, or eminent domain certain easements for walking
trails for recreational use upon the land of Waterfall Hills at Canton, LLC being Map 41, Parcels 37, 52 and 94 of
equivalent or more area then the land being granted by the Town;
to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statue, a sum of
money to carry out the foregoing; and further
to petition the General Court of the Commonwealth of Massachusetts for special legislation set forth below as a
Home rule Petition to authorize the disposition of the right of way easement access land across land acquired by
the town for Article 97 purposes, and to authorize the General Court to make changes to the language below to
carry out the objectives of this Home Rule Petition, as follows:
An Act Authorizing the Town of Canton to Grant a Right of Way Access Easement across Article 97 Land
1. The Board of Selectmen of the Town of Canton is hereby authorized to lease, convey, transfer, sell, or
grant a right of way access easement for residential purposes across land acquired by the town for Article
97 purposes of recreation and open space, such land described as the Canton Aquatic Center, located at
199 Bolivar Street in the Town of Canton, Map 41, Parcel 41, in mitigation of which the Town of Canton is
to acquire certain recreational trail easements across the land of the grantee of said right of way access
easement of equivalent or more area.
2. This Act shall take effect upon enactment.
Or take any other action related thereto
Board of Selectmen
MOVED: That the Board of Selectmen be authorized to lease, convey, transfer sell, or grant an
easement providing a right of way across certain land of the Town of Canton upon which is located the
Canton Aquatic Center, 199 Bolivar Street in the Town of Canton being Map 41, Parcel 41, for Waterfall
Hills at Canton LLC to access the land upon which Waterfall Hills at Canton LLC is located, being Map
41, Parcels 37, 42, and 94 upon such terms as the Board of Selectmen may determine as being in the
best interests of the town;
and that the Board of Selectmen be authorized to acquire by purchase, gift, or eminent domain certain
easements for walking trails for recreational use upon the land of Waterfall Hills at Canton, LLC being
Map 41, Parcels 37, 52 and 94 of equivalent or more area then the land being granted by the Town;
and that the Board of Selectmen be authorized to petition the General Court of the Commonwealth of
Massachusetts for special legislation set forth below as a Home rule Petition to authorize the
disposition of the right of way easement access land across land acquired by the town for Article 97
purposes, to authorize the General Court to make changes to the language below to carry out the
objectives of this Home Rule Petition, as follows:
An Act Authorizing the Town of Canton to Grant a Right of Way Access Easement across Article 97 Land
1. The Board of Selectmen of the Town of Canton is hereby authorized to lease, convey, transfer, sell,
or grant a right of way access easement for residential purposes across land acquired by the town for
Article 97 purposes of recreation and open space, such land described as the Canton Aquatic Center,
located at 199 Bolivar Street in the Town of Canton, Map 41, Parcel 41, in mitigation of which the Town
of Canton is to acquire certain recreational trail easements across the land of the grantee of said right
of way access easement of equivalent or more area.
2. This Act shall take effect upon enactment.”
FINANCE COMMITTEE VOTE: 8-0
- 58 -Source page 59
ANNUAL TOWN MEETING MAY 13, 2019
DISCUSSION: The Finance Committee voted unanimously to support the grant by the Town to the owner of
Waterfall Hills (Chestnut Hill Realty, aka CHR) an easement for exclusive rights to 5,110 SF over a portion of town
land to move their entrance driveway. CHR will build and maintain the driveway and have sole use of the driveway.
In exchange for this easement, CHR will grant the Town an easement over 20,440 SF of land for walking trails.
In addition to the land for walking trails, CHR will gift to the Town the landscaping at the entrance to the Aquatic
Center (Town Pool). The estimated value is $200,000 and the landscaping design shall be submitted to and
approved by the Town. CHR will also maintain the landscaping at an annual estimated cost of $10,000 annually and
will allow signage on their land for the walking trails. CHR will make necessary submissions to various permitting
boards and agrees that design of the project will not interfere with the Bolivar pool. CHR has pledged not to build
any additional apartments on the site and will agree, in conjunction with the Town, to a development restriction to
be filed with the Registry of Deeds.
For its part, the town will build and maintain the walking trails. The town will also request a Home Rule petition to
allow the easement on the Parks and Recreation land and the Town will support two signs at the entrance to the
CHR property, subject to the sign by-law and with ZBA approval.
APPROVED__________DISAPPROVED__________
ARTICLE 27
ACCEPTANCE OF PROPOSED NEW BY-LAW REGARDING PLASTIC SHOPPING BAG REDUCTION
Article 27 To see if the Town will vote to accept a new by-law as follows:
Plastic Bag Reduction By-law
SECTION 1 DEFINITIONS: The following words shall, unless the context clearly requires otherwise, have the
following meanings:
“Director”, the Director of Health.
“ASTM D6400”, the American Society for Testing and Materials (ASTM) International “Standard Specification for
Compostable Plastics”.
“ASTM D7801”, ASTM International “Standard Specification for Biodegradable Plastics in the Marine Environment”.
“Checkout bag”, a carryout bag provided by a store to a customer at the point of sale. Checkout bags shall not
include bags, whether plastic or not, in which loose produce or products are placed by the consumer to deliver such
items to the point of sale or check out area of the store.
“Compostable plastic bag”, a plastic bag that (1) conforms to the current ASTM D6400 for compostability; (2) is
certified and labeled as meeting the ASTM D6400 standard specification by a recognized verification entity; and (3)
conforms to any other standards deemed acceptable by this section.
“Department”, the municipal Department of Health
“Marine-degradable plastic bag”, a plastic bag that conforms to the current ASTM D7801 standard specification for
marine degradability; and conforms to any other standards deemed acceptable by the Department, provided
additional, Department-approved standards are as stringent as ASTM D7801.
“Recyclable Paper Bag” means a paper bag that is (1) 100 percent recyclable including the handles; (2) contains at
least 40% post-consumer recycled paper content; and (3) displays the words “recyclable” and “made from 40%
post-consumer recycled content” (or other applicable amount) in a visible manner on the outside of the bag.
“Retail establishment”, any retail space located in the town including without limitation a restaurant, food or ice
cream truck, convenience store, retail pharmacy, or supermarket.
“Reusable checkout bag”, a sewn bag with stitched handles that (1) can carry 25 pounds over a distance of 300
feet; (2) is either (a) made of cloth or other machine washable fabric; or (b) made of plastic other than
polyethylene (HDPE, LDPE, PETE, etc.) or polyvinyl chloride that is durable, non-toxic, and generally considered a
food-grade material that is more than 4 mils thick.
SECTION 2 REQUIREMENTS: (a) If any retail establishment as defined in section 1 provides a checkout bag to
customers, the bag shall comply with the requirements of being either a recyclable paper bag, a compostable and
marine-degradable plastic bag, or a reusable checkout bag. (b) The Director may promulgate rules and regulations
to implement this section.
SECTION 3 PENALTIES AND ENFORCEMENT: (a) Each Retail Establishment shall comply with this by-law. (1) If
it is determined that a violation has occurred the Director shall issue a warning notice to the Retail Establishment
for the initial violation. (2) If an additional violation of this by-law has occurred within one year after a warning
notice has been issued for an initial violation, the Director shall issue a notice of violation and shall impose a
penalty against the retail establishment. (3) The penalty for each violation that occurs after the issuance of the
warning notice shall be no more than: (A) $50 for the first offense (B) $100 for the second offense and all
subsequent offenses. Payment of such fines may be enforced through civil action in the state District Court. (4) No
more than one (1) penalty shall be imposed upon a Retail Establishment within a seven (7) calendar day period.
- 59 -Source page 60
ANNUAL TOWN MEETING MAY 13, 2019
(5) A Retail Establishment shall have fifteen (15) calendar days after the date that a notice of violation is issued to
pay the penalty.
SECTION 4 EFFECTIVE DATE: All of the requirements set forth in this by-law shall take effect within six months
of passage. In the event that compliance with the effective date of this by-law is not feasible for a small retail
establishment, because of economic hardship, the Department may grant a waiver of not more than six months
upon application of the owner or the owner’s representative.
SECTION 5 SEVERABILITY: It is the intention of this law that each separate provision of this Chapter shall be
deemed independent of all other provisions herein, and it is further the intention that if any provision of this
Chapter be declared to be invalid by a court of competent jurisdiction, the remaining provisions of this Chapter
shall remain valid and enforceable.
Michael Rose and 20 others
MOVED: That Article XVI of the Town of Canton General Bylaws be amended by adding the
following Section 25:
Article XVI: Section 25: Plastic Bag Reduction Bylaw
Subsection 1. Purpose
The purpose of this Bylaw is to protect the Town’s natural beauty and irreplaceable natural resources
by reducing the number of single-use, thin-film, plastic check-out bags that are distributed and used in
the Town of Canton and to promote the use of reusable bags.
Subsection 2. Definitions
The following words shall, unless the context clearly requires otherwise, have the following meanings:
a. “Director” shall mean the Director of the Canton Board of Health.
b. “ASTM D6400”shall mean the American Society for Testing and Materials (ASTM) International
“Standard Specification for Compostable Plastics”.
c. “ASTM D7081”shall mean ASTM International “Standard Specification for Biodegradable
Plastics in the Marine Environment”.
d. “Checkout Bag” shall mean a carryout bag provided by a store to a customer at the point of
sale. “Checkout Bag” shall not include bags, whether plastic or not, in which loose produce or
products are placed by the consumer to deliver such items to the point of sale or check out area
of the store.
e. “Compostable Plastic Bag” shall mean a plastic bag that (1) conforms to the current ASTM
D6400 for compostability; (2) is certified and labeled as meeting the ASTM D6400 standard
specification by a recognized verification entity; and (3) conforms to any other standards
deemed acceptable by this section.
f. “Department” shall mean the Town of Canton Board of Health.
g. “Marine-degradable Plastic Bag” shall mean a plastic bag that conforms to the current ASTM
D7081 standard specification for marine degradability; and conforms to any other standards
deemed acceptable by the Department, provided additional, Department-approved standards
are as stringent as ASTM D7081.
h. "Recyclable Paper Bag" shall mean a paper bag that is (1) 100% recyclable including the
handles; (2) contains at least 100% post-consumer recycled paper content; and, (3) displays
the words "recyclable" and "made from 100% post-consumer recycled content" in a visible
manner on the outside of the bag.
i. “Retail Establishment” shall mean any retail space located in the town including without
limitation a restaurant, food or ice cream truck, convenience store, retail pharmacy, or
supermarket.
j. “Reusable Checkout Bag” shall mean a sewn bag with stitched handles that (1) can carry 25
pounds over a distance of 300 feet; (2) is either (a) made of cloth or other machine washable
fabric; or (b) made of plastic other than polyethylene (HDPE, LDPE, PETE, etc.) or polyvinyl
chloride that is durable, non-toxic, and generally considered a food-grade material that is more
than 4 mils in thickness.
Subsection 3. Regulated Conduct
a. If any Retail Establishment provides a Checkout Bag to customers, the Checkout Bag shall
comply with the requirements of being either a Recyclable Paper Bag, a Compostable Plastic
Bag, a Marine-degradable Plastic Bag, or a Reusable Checkout Bag.
b. The Department may adopt and amend rules and regulations to effectuate the purposes of this
bylaw.
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ANNUAL TOWN MEETING MAY 13, 2019
Subsection 4. Enforcement and Penalties
a. The Department, the Director or the Director’s designee, or the Board of Selectmen’s designee,
shall have the authority to administer and enforce this bylaw.
b. Violations of this bylaw may be enforced in accordance with Article 1, Section 2 of the General
Bylaws of the Town of Canton.
c. For the first violation, the enforcing authority, upon a determination that a violation has
occurred, shall issue a written warning notice to the Retail Establishment specifying the
violation.
d. The penalty for each violation that occurs after the issuance of the warning notice shall be:
(1) $50 for the first offense
(2) $100 for the second offense
(3) $200 for the third and all subsequent offenses
e. No more than one (1) penalty shall be imposed upon a Retail Establishment within a seven (7)
calendar day period.
f. A Retail Establishment shall have fifteen (15) calendar days after the date that a notice of
violation is issued to pay the penalty.
g. Fines shall be cumulative and each day on which a violation occurs shall constitute a separate
offense.
Subsection 5. Effective Date
a. This bylaw shall take effect within six months from approval of the bylaw by the Attorney
General or on November 1, 2019, whichever is later, for Retail Establishments with a floor area
equal to or exceeding 3,500 square feet or with at least two (2) locations under the same name
within the Town of Canton that total 3500 square feet or more.
b. This bylaw shall take effect one (1) year from approval of the by law by the Attorney General
for Retail Establishments with a floor area less than 3,500 square feet.
c. The Director or his designee may grant a waiver of not more than six months if a Retail
Establishment requires additional time in order to draw down on existing inventory of thin-film,
single use plastic check-out bags.
Subsection 6. Severability
a. It is the intention of this law that each separate provision of this bylaw shall be deemed
independent of all other provisions herein, and it is further the intention that if any provision of
this bylaw be declared to be invalid by a court of competent jurisdiction, the remaining
provisions of this bylaw shall remain valid and enforceable.
FINANCE COMMITTEE VOTE: 7-0
DISCUSSION: The goal of this by-law is to eliminate Thin-Film Plastic Checkout Bags at Retail Establishments in
Canton. A Checkout Bag is a carryout bag provided by the Retail Establishment to a customer at the point of sale.
The Board of Selectmen and the Town Administrator stated that the Board of Health and Health Agent will be
responsible for enforcing this new by-law, with support from the Department of Public Works. This additional duty
will not require any additional personnel beyond current staffing. The Finance Committee voted unanimously to
support this motion.
APPROVED__________DISAPPROVED__________
- 61 -Source page 62
ANNUAL TOWN MEETING MAY 13, 2019
ARTICLE 28
ADOPT CHAPTER 337 OF THE ACTS OF 2018 (THE “ACT”), THE SHORT-TERM RENTAL BILL
Article 28 To see if the Town will vote to adopt Chapter 337 of the Acts of 2018 Relative to the Short Term Rental
of residential property made through internet hosting platforms such as, but not limited to, Airbnb, and to see if
the Town will vote to amend its General Bylaws, Zoning Bylaws, or Zoning Map for the purposes of regulating such
Rentals by the Board of Selectmen including, but not limited to, the following provisions:
- Limiting such rental use to a certain number of days per year,
- Requiring the excise tax collected under MGL c. 64G section 3A to be paid by the occupant, collected by the
operator pursuant to MGL c. 64G sections 4-5
- Imposing a community impact fee on the operator of not more than 3% of the total amount of rent for each
transfer of occupancy’
- Requiring the operator to pay community impact fees to the Town monthly and to dedicate not less than 35%
of revenue collected to affordable housing or local infrastructure projects.
- Regulating the existence or location of operators including the class of operator and number of operators and
number of local licenses or permits issued to operators
- Requiring the licensing or registration of operators within the Town in accordance with section 67 of chapter
62C or by the issuance of a provisional license or registration permitting accommodations on a temporary or
seasonal basis’
- Requiring operators to demonstrate that such properties are not subject to any outstanding building,
electrical, plumbing, mechanical, fire, health, housing, or zoning code enforcement violations, notices to cure,
orders of abatement, cease and desist order, or correction notices’
- Requiring properties to be used by operators to undergo health and safety inspections and to establish
charges and fees therefore, and to determine the frequency of said inspections,
- Establishing a civil penalty for violation of any regulation or Bylaw,
- Empowering the Board of Selectmen to adopt rules and regulations relative to short term rentals,
- Establishing a reasonable fee to cover the costs of local administration and enforcement of regulating
operators and accommodations
- Requiring an operator to post inside each unit locations of fire extinguishers, gas shut off valves, fire exits,
and fire alarms in the building’
- Requiring the Town to publish a registry of all short term, rental accommodations in the Town’
- Requiring an operator to have liability insurance in an amount not less than $100,000,00.00 unless the rental
is offered through a hosting platform that offers equal or greater coverage, and to require operators to notify their
carrier of the use of the premises as a short term rentals, or to take any other action in relation thereto
Board of Selectmen
MOVED: That Chapter 337 of the Acts of 2018 be accepted by and for the Town.
FINANCE COMMITTEE VOTE: 9-0
- 62 -Source page 63
ANNUAL TOWN MEETING MAY 13, 2019
DISCUSSION: The Finance Committee recommends adoption of this article. Chapter 337 of the Acts of 2018,
"An Act Regulating and Insuring Short-term Rentals", was signed by the Governor on December 28, 2018. Many of
the provisions of the Act are effective without Town acceptance; however, there are some provisions, particularly
related to the ability of the Town to impose a local tax on short-term rentals that require local acceptance by the
Town. The Finance Committee has been informed that further study and consideration are needed before proposed
by-law changes are submitted to Town Meeting for approval, so this motion does not propose any by-law changes
at this time, just acceptance of the statute.
APPROVED__________DISAPPROVED__________
ARTICLE 29
AMEND ZONING BY-LAWS SECTION 11.0 DEFINITIONS
Article 29 To see if the Town will vote to amend Zoning By-Laws Section 11.0 as follows, with new word
definitions being incorporated into the existing text in order alphabetically with the existing word definitions:
1. By adding the definition of “Boarding or lodging houses” under the Dwelling definition as follows:
Dwelling, Boarding or Lodging House: a lodging house licensed under section 23 of chapter 140 and where
rooms are let to four or more unrelated persons. A lodging house may or may not be owner-occupied. A
boarding or lodging house is not a hotel, motel, short-term rental, long-term care facility, or group home.
2. By adding the definition of “Short-term rental” as follows:
Short-term rental, non-intensive: an owner-occupied, tenant-occupied or non-owner occupied property
including, but not limited to, an apartment, house, cottage, condominium or a furnished accommodation that
is not a hotel, motel, lodging house or bed and breakfast establishment, where: (i) at least 1 room or unit is
rented to an occupant or sub-occupant; (ii) all accommodations are reserved in advance; provided, however,
that a private owner-occupied property shall be considered a single unit if leased or rented as such. (iii) A
short-term rental for the purposes of this Bylaw is the same definition as set forth in Chapter 337 of the Acts
of 2018 as a rental that is not for more than 31 consecutive calendar days per occupant and does not include
long-term rentals such as leases. Non-intensive short-term rentals are rented out for a period of 14 days or
less in one calendar year.
Short-term rental, intensive: an owner-occupied, tenant-occupied or non-owner occupied property
including, but not limited to, an apartment, house, cottage, condominium or a furnished accommodation that
is not a hotel, motel, lodging house or bed and breakfast establishment, where: (i) at least 1 room or unit is
rented to an occupant or sub-occupant; (ii) all accommodations are reserved in advance; provided, however,
that a private owner-occupied property shall be considered a single unit if leased or rented as such. (iii) A
short-term rental for the purposes of this Bylaw is the same definition as set forth in Chapter 337 of the Acts
of 2018 as a rental that is not for more than 31 consecutive calendar days per occupant and does not include
long-term rentals such as leases. Intensive short-term rentals are rented out for a period of greater than 14
days in one calendar year.
Or to take any other action related thereto.
Board of Selectmen for Planning Board
Commentary: The goal of this and related zoning articles is to modernize Canton’s zoning regulations around
short-term rental of residential property made through internet hosting platforms such as, but not limited to,
AirBnB. The goal of this and related zoning articles is to modernize Canton’s zoning regulations around short-term
rental of residential property made through internet hosting platforms such as, but not limited to, AirBnB. A short-
term rental is a rental that is not for more than 31 consecutive calendar days per occupant, and does not include
long-term rentals such as leases.
- 63 -Source page 64
ANNUAL TOWN MEETING MAY 13, 2019
PLANNING BOARD MOTION:
MOVED: That Zoning By-Laws Section 11.0 be amended as follows, with new word definitions
being incorporated into the existing text in order alphabetically with the existing word definitions:
By adding the definition of “Boarding or lodging houses” under the Dwelling definition as follows:
Dwelling, Boarding or Lodging House: a lodging house licensed under section 23 of chapter 140 and
where rooms are let to four or more unrelated persons. A lodging house may or may not be owner-
occupied. A boarding or lodging house is not a hotel, motel, short-term rental, long-term care
facility, or group home.
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 29 as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 7-0
PLANNING BOARD DISCUSSION: On March 6th, 2019, the Planning Board discussed the proposed article
to amend the Zoning By-laws Section 11.0. The goal of this and related town meeting articles is to modernize
Canton’s regulations around short-term rental of residential property made through internet hosting platforms such
as, but not limited to, AirBnB. A short-term rental is a rental that is not for more than 31 consecutive calendar days
per occupant and does not include long-term rentals such as leases. The proposed zoning bylaw has been reviewed
and changes made, as suggested by the Town Planner, and Planning Board.
After discussion, the Planning Board felt they wanted the Town regulations on short-term rentals to be finalized
before they added any definitions or zoning use changes. They voted to only define what is currently in the zoning
bylaws for Boarding/Lodging houses, and to strike the second item in the motion. Our current zoning bylaws also
allow for “the renting of rooms or the furnishing of table board in a dwelling to not more than two (2) persons
other than members of the family (whether regular or transient)”.
FINANCE COMMITTEE DISCUSSION: Originally, this Article addressed definitions related to the Short-Term
Rental Bill – see Article 28. However, the Planning Board decided to defer these definitions until the vote results of
Article 28 on Town Meeting floor are known. What remains in this Article addresses definitions concerning zoning
bylaws related to Boarding and Lodging Houses. The Finance Committee unanimously supported this motion as
written.
APPROVED__________DISAPPROVED__________
- 64 -Source page 65
ANNUAL TOWN MEETING MAY 13, 2019
ARTICLE 30
AMEND ZONING BY-LAWS SECTION 3.1.4 TABLE OF USE REGULATIONS
Article 30 To see if the Town will vote to amend Zoning By-laws Section 3.1.4 Table of Use Regulations as follows
or take any other action related thereto.
1. By amending the Zoning By-laws Section 3.1.4, Table of Use Regulations, Section A Residential Uses changing
the title to the principal use of “Boarding or lodging house, convalescent or nursing home, tourist home” to
state “Boarding or lodging house” but not changing any zones for principal use.
Principal Use SR GR B CB LI LI(B) LI(C) I POS
A. Residential Uses
Boarding or lodging house2 N BA Y Y N N N N N
2. See Section 8.3 for special regulations
2. By amending the Zoning By-laws Section 3.1.4, Table of Use Regulations, Section J Accessory Uses by adding
the principle use zones for “Short term rentals, non-intensive” by allowing their use by right in all Single
Family zones, General Residence zones, Business and Central Business zones(if rented for 14 calendar days a
year or less), and “Short-term rental, intensive” by special permit in Single Family zones and General
Residence zones( if rented for greater than 14 calendar days a year), and allowed by right in Business and
Central Business zones. Short term rentals non-intensive and intensive would not be allowed in Limited
Industrial zones (LI, LI-B, or LI-C), Industrial Zones, or Parkland and Open Space, as stated below.
J. Accessory Uses SR GR B CB LI LI(B) LI(C) I POS
Short-term rental, non-intensive Y Y Y Y N N N N N
Short-term rental, intensive BA BA Y Y N N N N N
Board of Selectmen for Planning Board
Commentary: The goal of this and related zoning articles is to modernize Canton’s zoning regulations around
short-term rental of residential property made through internet hosting platforms such as, but not limited to,
AirBnB. A short-term rental is a rental that is not for more than 31 consecutive calendar days per occupant, and
does not include long-term rentals such as leases.
PLANNING BOARD MOTION
MOVED: That Zoning By-laws Section 3.1.4 Table of Use Regulations be amended as follows:
By amending the Zoning By-laws Section 3.1.4, Table of Use Regulations, Section A Residential Uses
changing the title to the principal use of “Boarding or lodging house, convalescent or nursing home,
tourist home” to state “Boarding or lodging house” but not changing any zones for principal use.
Principal Use SR GR B CB LI LI(B) LI(C) I POS
A. Residential Uses
Boarding or lodging house2 N BA Y Y N N N N N
2. See Section 8.3 for special regulations
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 30 as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 7-0
- 65 -Source page 66
ANNUAL TOWN MEETING MAY 13, 2019
PLANNING BOARD DISCUSSION: On March 6th, 2019, the Planning Board discussed the proposed article
to amend the Zoning By-laws Section 3.1.4. The goal of this and related town meeting articles is to modernize
Canton’s regulations around short-term rental of residential property made through internet hosting platforms such
as, but not limited to, AirBnB. A short-term rental is a rental that is not for more than 31 consecutive calendar days
per occupant and does not include long-term rentals such as leases. The proposed zoning bylaw has been reviewed
and changes made, as suggested by the Town Planner, and Planning Board.
After discussion, the Planning Board felt they wanted the Town regulations on short-term rentals to be finalized
before they added any definitions or zoning use changes. They voted to only define what is currently in the zoning
bylaws for Boarding/Lodging houses, and to strike the second item in the motion. Our current zoning bylaws also
allow for “the renting of rooms or the furnishing of table board in a dwelling to not more than two (2) persons
other than members of the family (whether regular or transient)” by right in residential zones.
FINANCE COMMITTEE DISCUSSION: Originally, this Article addressed table of use regulations related to
the Short-Term Rental Bill – see Article 28. However, the Planning Board decided to defer these regulations until
the vote results of Article 28 on Town Meeting floor are known. What remains in this Article addresses table of use
regulations concerning zoning bylaws related to Boarding and Lodging Houses. The Finance Committee
unanimously supported this article as written.
APPROVED__________DISAPPROVED__________
ARTICLE 31
ACCEPTANCE OF CEDARCREST ROAD EXTENSION AS A TOWN WAY
Article 31 To see if the Town will vote to accept Cedarcrest Road Extension as a town way, as recommended by
the Planning Board and laid out by the Board of Selectmen pursuant to G.L. c. 41 and c. 82; to authorize the Board
of Selectmen to acquire by purchase, gift, or eminent domain such land and easements for the creation,
maintenance and operation of a public way, including but not limited to easements for access, grading, drainage,
sloping, construction and utilities, in all or any portions of the parcels listed below; to see if the Town will vote to
appropriate, borrow pursuant to any applicable statute or transfer from available funds, a sum of money for such
purposes; and further to authorize the Board of Selectmen and Town officers to take any and all related actions
necessary or appropriate to carry out the purposed of this article; or to take any other action related thereto.
Property Address Town Assessor ID
80 Cedarcrest Road Map19, Parcel 15
90 Cedarcrest Road Map 19, Parcel 16
100 Cedarcrest Road Map 19, Parcel 18
Board of Selectmen
MOVED: That the subject matter of Article 31 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 9-0
PLANNING BOARD DISCUSSION: On February 6th and again on March 6th, 2019, the Planning Board
discussed the proposed article to accept Cedarcrest Road Extension as a Town Way. It was agreed that the road
had met all the requirements and process to become a Town Way, and that any remaining issues were minor
paperwork requirements. The Board felt confident remaining paperwork could be completed in advance of Town
Meeting. The Planning Board has no changes in the text of the motion.
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted unanimously to recommend that Article
31 be indefinitely postponed. The completion of the as-built plan and the work associated with the order of
conditions is still outstanding, thus a certificate of completion has yet to be established. Further discussions are
scheduled to occur at the April 30, 2019 Board of Selectmen meeting.
APPROVED__________DISAPPROVED__________
- 66 -Source page 67
ANNUAL TOWN MEETING MAY 13, 2019
ARTICLE 32
ACCEPTANCE OF BEATRICE WAY AS A TOWN WAY
Article 32 To see if the Town will vote to accept Beatrice Way as a town way, as recommended by the Planning
Board and laid out by the Board of Selectmen pursuant to G.L. c. 41 and c. 82; to authorize the Board of
Selectmen to acquire by purchase, gift, or eminent domain such land and easements for the creation, maintenance
and operation of a public way, including but not limited to easements for access, grading, drainage, sloping,
construction and utilities, in all or any portions of the parcels listed below; to see if the Town will vote to
appropriate, borrow pursuant to any applicable statute or transfer from available funds, a sum of money for such
purposes; and further to authorize the Board of Selectmen and Town officers to take any and all related actions
necessary or appropriate to carry out the purposed of this article; or to take any other action related thereto.
Property Address Town Assessor ID
0 Beatrice Way Map 31, Parcel 26
0 Beatrice Way Map 19, Parcel 20
10 Beatrice Way Map 19, Parcel 19
15 Beatrice Way Map 19, Parcel 22
20 Beatrice Way Map 31, Parcel 21
30 Beatrice Way Map 31, Parcel 20
40 Beatrice Way Map 31, Parcel 27
50 Beatrice Way Map 31, Parcel 28
Board of Selectmen
MOVED: That the subject matter of Article 32 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 9-0
PLANNING BOARD DISCUSSION: On February 6th and again on March 6th, 2019, the Planning Board
discussed the proposed article to accept Beatrice Way as a Town Way. It was agreed that the road had met all the
requirements and process to become a Town Way, and that any remaining issues were minor paperwork
requirements. The Board felt confident remaining paperwork could be completed in advance of Town Meeting. The
Planning Board has no changes in the text of the motion.
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted unanimously to recommend that Article
32 be indefinitely postponed. The completion of the as-built plan and the work associated with the order of
conditions is still outstanding, thus a certificate of completion has yet to be established. Further discussions are
scheduled to occur at the April 30, 2019 Board of Selectmen meeting.
APPROVED__________DISAPPROVED__________
- 67 -Source page 68
ANNUAL TOWN MEETING MAY 13, 2019
ARTICLE 33
AMEND ZONING BY-LAWS SECTION 11.0 DEFINITIONS
Article 33 To see if the Town will vote to amend Zoning By-Laws Section 11.0 as follows, with new word
definitions being incorporated into the existing text in order alphabetically with the existing word definitions:
1. By amending the definition of “Adult day care facility” too add the words “(105 CMR 158)” as follows: Adult
day care facility: A social day care or adult day health facility as those terms are defined by the
Commonwealth's Department of Elder Affairs (105 CMR 158).
2. By adding the definition of “Assisted Living Facility” as follows:
Assisted Living Facility: An entity either for profit or non-profit (defined and regulated under M.G.L. Ch.19D,
Section 1) and certified by the Department of Elder Affairs (651 CMR 12) that provides room and board, assistance
in activities of daily living for three or more adult residents; and collects payments or reimbursements on behalf of
residents to pay for the provision of assistance with the activities of daily living or arrange for the same. This does
not include any other form of group living quarters (651 CMR 12.01) such as nursing homes, hospices, group
homes, religious housing, or substance abuse detoxification or treatment facilities.
3. By amending the title of “Business Office” to read “Business and Professional Office” and amending the
definition to reflect the definition of “Business and Professional Office” in the Canton Center Economic
Opportunity District but without the words “doctor” and “dentist” as follows:
Business or Professional Office: The office of one skilled in an occupation that primarily services clients or
patients rather than retail customers including, but not limited to the office of a lawyer, architect, engineer,
landscape architect, real estate agent, insurance agent, or the studio of an artist, musician or teacher, or the
workroom of a dressmaker or milliner or photographer.
4. By deleting the definition of “Business and Profession Office” from the subheading of the Canton Center
Economic Opportunity District subheading as follows:
CCEOD
o Business and Professional Office: The office of one skilled in an occupation that primarily services
clients or patients rather than retail customers including, but not limited to the office of a doctor,
lawyer, dentist, architect, engineer, landscape architect, real estate agent, insurance agent, or the
studio of an artist, musician or teacher, or the workroom of a dressmaker or milliner or photographer.
5. By adding the definition of “Exempt uses” as follows:
Exempt uses: Uses defined in M.G.L. Chapter 40A, Section 3: includes various uses related to agriculture,
religious purposes or non-profit educational purposes, child care facilities, congregate living arrangements for
disabled persons, or solar energy systems.
6. By amending the definition of “General or personal service establishment” to remove the following words
“frozen food locker” and “medical or dental laboratory” as follows:
General or personal service establishment: Any of the following service establishments and the like dealing
directly with the consumer: barber or beauty shop, business or trade school, clothing rental establishment,
collection station for laundry or dry cleaning, dressmaking or millinery shop, hand or self-service laundry,
household appliance repair shop, interior decorating studio, meeting hall for hire, photographic studio, shoe or hat
repair shop, tailor shop, typewriter repair shop.
7. By adding the definition of “Healthcare facility/clinic” as follows:
Healthcare facility/clinic: Any facility whether for profit or non-profit, which provides out-patient ambulatory
medical, surgical, dental, physical rehabilitation, or mental health services, as licensed and defined by the
Massachusetts Department of Public Health (105 CMR 140). Clinics do not include hospitals, medical offices, or
substance abuse detoxification or treatment centers; Healthcare facilities/clinics include urgent care, primary care,
specialists, outpatient, day surgery, rehabilitation and sports, mental health, certified home health agencies,
physical therapy and speech pathology, renal dialysis facilities, temporary nursing agencies.
8. By amending the definition of “Home occupation, non-intensive” to add the words “psychologist” and “social
worker” as follows:
Home occupation, non-intensive: the use of a portion of a dwelling or of a building accessory thereto by a
resident of the premises as an office, studio or workroom for the conduct of a profession or customary home
occupation, subject to the condition that such use is clearly incidental and secondary to the use of the premises for
dwelling purposes and subject to the provisions of Section 3.2.2. In particular, a home occupation may include, but
are not limited to, the office of a lawyer, doctor, dentist, psychologist, social worker, architect, engineer, real
estate agent or insurance agent, the studio of an artist, musician or teacher (with any regular instruction limited to
one pupil at a time), or the workroom of a dressmaker, milliner, or photographer, but do not include any use
hereinafter set forth as permissible by special permit in the same district.
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ANNUAL TOWN MEETING MAY 13, 2019
9. By adding the definition of “Hospice” as follows:
Hospice: An inpatient facility licensed by the Department of Public Health (105 CMR 141) providing palliative and
supportive care and other services by an interdisciplinary team under the direction of hospice administration to
terminally ill patients with limited life expectancy and to their families. Services may be provided at home, in the
community, and in a facility. Services might include nursing, social services, volunteer services, and counseling
services. Home health agencies and temporary nursing agencies offering hospice care are considered clinics.
10. By amending the definition of “Hospital” to add the words “licensed by the Department of Public Health (105
CMR 13o)” as follows:
Hospital: An institution licensed by the Department of Public Health (105 CMR 130) providing primary health
services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, and
other physical or mental conditions and including, as an integral part of the institution, related facilities, including
laboratories, outpatient facilities, training facilities, medical offices, and staff residences. “Hospital” does not include
long term care facilities, substance abuse detoxification or treatment centers, or health care facilities/clinics.
11. By adding the definition of “Independent Senior Living Apartments” as follows:
Independent Senior Living Apartments – Multi-family buildings containing three or more dwelling units, which
building houses only residential uses intended for individuals 55 years or older, and/or families with at least one
family member aged 55 and older. Independent Senior Living Apartments shall be considered multi-family
dwellings for the purposes of Section 6.1.1 and Section 8.2.
12. By adding the definition of “Long-term care facility” as follows:
Long-term care facility: any institution licensed by the Massachusetts Department of Public Health (105 CMR
150) whether for charity or non-profit providing four or more individuals with long-term resident, nursing,
convalescent or rehabilitative care; supervision and care incident to old age for ambulatory persons; or retirement
home care for elderly persons. Long-term care facilities include convalescent or nursing homes, rest homes,
infirmaries maintained in town and chartable homes for the aged. Long-term care facilities do not include
hospitals, clinics, medical offices, or substance abuse detoxification or treatment centers.
13. By adding the definition of “Medical office or group of such offices” as follows:
Medical office or group of such offices: Office (or building) designed and used as an office by physicians,
dentists, or psychotherapists for the diagnosis and treatment of human patients that does not include overnight
care facilities, or licensing as a clinic.
14. By adding the definition of “Medical or dental labs” as follows:
Medical or dental labs: A laboratory where microbiological, chemical, hematological, biophysical, cytological,
immuno-hematological, or pathological examinations are performed on materials derived from the human body to
provide information for the diagnosis, prevention, or treatment of a disease or assessment of a medical condition
(see Executive Office of Health and Human Services 101 CMR 320). This excludes scientific or research laboratories
and those categorized as Level 4 by the National Institutes of Health.
15. By amending the definition of “Nursing or convalescent home” to replace the definition with the words “See
definition for long-term care facility” as follows:
Nursing or convalescent home: See definition for long-term care facility.
16. By adding the definition of “Pharmacy or drug store” as follows:
Pharmacy or drug store: A store where the primary business is the filling of medical prescriptions and the sale of
drugs, medical devices and supplies, and nonprescription medicines but where nonmedical products may be sold as
well.
17. By adding the definition of “Rehabilitation Hospital” as follows:
Rehabilitation Hospital: An in-patient facility, as defined by the Federal Department of Health and Human
Services, Centers for Medicare & Medicaid (CMS-1480-N), where at least 60% of the population served meets at
least one of the following medical conditions: stroke, spinal cord injury, congenital deformity, amputation, major
multiple trauma, fracture of femur (hip), brain injury, neurological disorders including MS, MD, and Parkinson’s,
burns, active rheumatoid arthritis, systematic vasculidities with joint inflammation, severe osteoarthritis, or knee or
hip joint replacement.
18. By adding the definition of “Substance abuse detoxification or treatment center” as follows:
Substance abuse detoxification or treatment center: A residential rehabilitation unit, treatment unit,
detoxification facility, or other facility licensed by the Department under 105 CMR 164.000. This may include in-
patient or out-patient facilities providing care coordination, case management, medical, pharmacological,
psychological, psycho-educational, rehabilitative, or social services and therapies. A substance abuse facility that
offers both inpatient and outpatient services would be defined as an in-patient facility, per Section 4.2.7. A
substance abuse facility that offers only outpatient services would be treated as an outpatient facility, per Section
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ANNUAL TOWN MEETING MAY 13, 2019
4.2.8. This does not include hospitals, long-term care facilities, clinics, or medical offices or groups of offices, such
as drug or alcohol counselors where no medication is provided on-site.
19. By adding the definition of “Veterinary Facility or Clinic” as follows:
Veterinary Facility or Clinic: A place where animals or pets are given medical or surgical treatment and the
boarding of animals is limited to short term care incidental to the use.
20. By deleting the definitions for the Village Overlay District as follows:
Village Housing Overlay District: The following definitions shall apply in the VHOD,Section 9.6.
Apartment Style Dwelling: A multifamily structure designed to have dwelling
units placed one above the other (stacked).
Applicant: The person or persons, including a corporation or other legal entity,
who applies for issuance of a special permit for construction of a VOHDD within
a VHOD, hereunder. The Applicant must own, or be the beneficial owner of, all
the land included in the proposed site, or have authority from the owner(s) to act
for him or hold an option or contract duly executed by the owner(s) and the
Applicant giving the latter the right to acquire the land to be included in the site.
Buffer Area: An area within a VHODD which is adjacent to its boundaries,
streams, ponds, lakes, and reservoirs which may not be developed except as
provided herein.
Design Review: The review of the overall site design by qualified team of site
design professionals. A Massachusetts Registered Landscape Architect shall lead
the Site Design Review Team.
Development Schedule: A schedule showing the order and timing of
construction and the sequence of the improvements to be built or furnished on the
VHODD site, separated into stages where applicable.
Subdivision Regulations: The rules and regulations of the Planning Board
relative to subdivisions, special permits and site plans.
Townhouse Style Dwelling: A multi-family structure designed to have each
dwelling unit placed side by side.
Village Housing Overlay District Development (VHODD): A multifamily
development consisting of townhouse style and/or apartment style dwellings and
permissible accessory uses authorized by special permit from the Planning Board
as set forth herein.
Wetlands: All land subject to the provisions of Massachusetts General Law c.
131, ss. 40 and 40A and/or the Town's Wetlands By-Law.
21. By deleting the definitions for the “Senior Housing Overlay District” as follows:
Senior Housing Overlay District: The following definitions shall apply in the Senior Housing Overlay District,
Section 9.9.
Applicant: The person or persons, including a corporation or other legal entity, who applies for issuance of a
special permit for construction of a Senior Housing Community hereunder. The Applicant must own, or be the
beneficial owner of, all the land included in the proposed site, or have authority from the owner(s) to act or hold an
option or contract duly executed by the owner(s) and the Applicant giving the latter the right to acquire the land to
be included in the site.
Senior Housing Community: A self-contained residential community created expressly for residence and use by
persons aged 62 years or older, in accordance with M.G.L. c. 151G, Section 4, Subsection 6, that consists of
independent living units and assisted living units (including memory care units), and a combination thereof. Said
community shall contain a minimum of 25% of each of the described units to qualify as a Senior Housing
Community. For such independent living units, ancillary services will be provided to residents such as meals and
communal dining, transportation, laundry, recreation, entertainment, exercise, therapy, beautification, automated
teller machines and limited banking, and community activities. For such assisted living units, the foregoing services
will be provided to residents in addition to the supportive services permitted by M.G.L. c. 19D and the regulations
promulgated thereunder. A Senior Housing Community shall be permitted only within the SHOD and only upon the
granting of a special permit by the Zoning Board of Appeals.
Buffer: An area within a SHOD adjacent to its boundaries, streams, and ponds, which may not be developed
except as provided herein.
Development Schedule: A schedule showing the order and timing of construction and the sequence of the
improvements to be built or furnished in the Senior Housing Community site, separated into stages where
applicable.
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ANNUAL TOWN MEETING MAY 13, 2019
Open Space: Any such area of land containing no building, structure, or impervious surface material.
Regulations: The applicable rules and regulations of the Zoning Board of Appeals relative to special permits and
site plans. The Zoning Board of Appeals, as the Special Permit Granting Authority, reserves the right to modify
and/or waive any and all requirements described in section 9.7
Upland acres: Land without a wet area and not subject to flooding.
Wet Areas: All land subject to the provisions of M.G.L. c. 131, Sections 40 and 40A."
Or to take any other action related thereto.
Board of Selectmen for Planning Board
Commentary: The goal of this and related zoning articles is to modernize Canton’s zoning regulations around
medical facilities and uses. The goals include ensuring equity in housing, services, health and safety for everyone;
To manage development well, where thoughtful development preserves town character, while providing services
for a diversity of residents; To provide necessary medical services for vulnerable populations, such as allowing for
addiction services; To clarify the definitions, uses, parking, and special regulations for medical facilities (For
example: hospitals, clinics, doctor’s offices) and residential facilities with medical components (For example: senior
living facilities, nursing homes). The new definitions will be clearly tied to state licensing definitions and
requirements, the uses will require mostly special permits, the parking will follow planning and design standards,
and the special regulations will minimize the impact of more intensive uses on the town and residential neighbors.
PLANNING BOARD MOTION
MOVED: That Zoning By-Laws Section 11.0 be amended as printed in the warrant.
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 33 as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 7-0
PLANNING BOARD DISCUSSION: On February 6th and again on March 6th, 2019, the Planning Board
discussed the proposed article to amend the Zoning By-laws Section 11.0. The goal of this and related zoning
articles is to modernize Canton’s zoning regulations around medical facilities and uses. The goals include ensuring
equity in housing, services, health and safety for everyone; To manage development well, where thoughtful
development preserves town character, while providing services for a diversity of residents; To provide necessary
medical services for vulnerable populations, such as allowing for addiction services; To clarify the definitions, uses,
parking, and special regulations for medical facilities (For example: hospitals, clinics, doctor’s offices) and
residential facilities with medical components (For example: senior living facilities, nursing homes). The new
definitions will be clearly tied to state licensing definitions and requirements, the uses will require mostly special
permits, the parking will follow planning and design standards, and the special regulations will minimize the impact
of more intensive uses on the town and residential neighbors. The proposed zoning bylaw has been reviewed and
changes made, as suggested by the Town Planner, and Planning Board. The Planning Board has no changes to the
text of the article in the motion.
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted unanimously to support the Planning
Board objective in this Article, one of the related group of Articles 33 – 39, which is to modernize the Town’s zoning
regulations around medical facilities and uses. This particular Article adds, modifies, and deletes certain definitions.
APPROVED__________DISAPPROVED__________
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ANNUAL TOWN MEETING MAY 13, 2019
ARTICLE 34
AMEND ZONING BY-LAWS SECTION 3.1.4 TABLE OF USE REGULATIONS
Article 34 To see if the Town will vote to amend Zoning By-laws Section 3.1.4 Table of Use Regulations as follows
or take any other action related thereto.
1. To see if the Town will vote to amend the Zoning By-laws Section 3.1.4, Table of Use Regulations, Section A
Residential Uses by adding the principal use of Assisted Living and/or Independent Living Facility” by allowing
Assisted Living and/or Independent Living Facility by special permit “BA” under the General Residence (GR),
Business (B), Central Business (CB), Limited Industrial (LI), Limited Industrial B (LI-B), Limited Industrial C
(LI-C) zones, and to prohibit assisted living facilities and/or independent living facilities in the Single Residence
(SR), Industrial (I), and Parkland and Open Space (POS) zones.
Principal Use SR GR B CB LI LI(B) LI(C) I POS
A. Residential Uses
Assisted Living and/or Independent Living Facility 1 N BA BA BA BA BA BA N N
1.See Section 8.2.2 and 8.7 for special regulations
2. To see if the Town will vote to amend the Zoning By-laws Section 3.1.4, Table of Use Regulations, Section B
Exempt and Institutional Uses by combining religious purposes, educational purposes, and childcare centers
into one line, titled “Exempt: uses exempted from prohibition by G.L. Chapter 40A, Section 3”, by separating
Hospitals from Philanthropic, or charitable institutions, by adding and combining “Hospitals”, “Long-term care
facility, “Hospice”, “Health care facility/clinic”, and “Substance abuse detoxification or treatment center” as
follows:
Principal Use SR GR B CB LI LI(B) LI(C) I POS
B. Exempt and Institutional Uses
Exempt: uses exempted from prohibition by G.L. Y Y Y Y Y Y Y Y Y
Chapter 40A, Section 32
Hospital, Long-term care facility, hospice, health care N N N N BA BA BA BA N
facility/clinic, or substance abuse detoxification or
treatment center3
Philanthropic, educational, or charitable institution, non- BA BA Y Y N N N N Y
exempt
2. As defined by M.G.L. Chapter 40A, Section 3
3. See Special Regulations Section 4.2.7 for in-patient facilities and Section 4.2.8 for out-patient facilities
3. 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 amending the principle use zones for “Medical offices: offices of a doctor or
dentist not a resident of the premises, or a group of such offices” and “General or Personal Service
Establishments”, and “Business or professional office or agency” to expand their use by special permit in all
Limited Industrial (LI) zones, and adding “Medical or Dental Labs”, “Healthcare facility/clinic” and “Medical
marijuana facilities” with the proposed use zones as stated. Finally, to allow kennels, animal or veterinary
hospitals in Business zones as a special permit, as stated below.
F. Commercial and Office Uses SR GR B CB LI LI(B) LI(C) I POS
Kennel, animal or veterinary hospital N N BA N Y Y Y Y N
Medical offices: offices of a doctor or dentist not a N N Y Y BA BA BA Y N
resident of the premises, or a group of such offices
Medical or Dental Labs N N Y Y BA BA BA Y N
General or personal service establishment N N Y Y BA BA BA Y N
Medical Marijuana Facilities 4 N N N N N N N BA N
4. See Section 7.7 for special regulations.
4. To see if the Town will vote to amend the Zoning By-laws Section 3.1.4, Table of Use Regulations, Section G
Retail Uses by adding “Pharmacy or drug store” as follows:
G. Retail Uses SR GR B CB LI LI(B) LI(C) I POS
Pharmacy or drug store N N Y Y Y Y Y Y N
Board of Selectmen for Planning Board
Commentary: The goal of this and related zoning articles is to modernize Canton’s zoning regulations around
medical facilities and uses. The purposes include ensuring: (1) equity in housing, services, health and safety for
everyone; (2) sound and thoughtful management of development; (3) preservation of town character; (4) delivery
- 72 -Source page 73
ANNUAL TOWN MEETING MAY 13, 2019
of services for a diversity of residents; (5) availability of necessary medical services for vulnerable populations,
such as allowing for addiction services; (6) clarifications for the definitions, uses, parking, and special regulations
for medical facilities (for example: hospitals, clinics, doctor’s offices, etc.) and residential facilities with medical
components (for example: senior living facilities, nursing homes, etc.). The new definitions will be clearly tied to
state licensing definitions and requirements. The uses will require mostly special permits. The parking will follow
planning and design standards, and the special regulations will minimize the impact of more intensive uses on the
town and residential neighbors.
Proposed changes to the Table of Use include:
• Adding Assisted Living and/or Independent Living Facilities as a special permit in all zones but Single
Family Residential, Industrial or Parkland and Open Space
• Combining religious purposes, educational purposes, and child care into one line, titled “Exempt: uses
exempted from prohibition by G.L. Chapter 40A, Section 3 (allowed by right in all zones by law)
• Separating hospitals from philanthropic or charitable institutions
• Adding “Hospital, Long-term care facility, hospice, health care facility/clinic or substance abuse
detoxification or treatment center” as a special permit in Limited Industrial zones, and Industrial zones as
a special permit, and with associated special regulations and buffers from residential zones (500 feet).
• Allowing doctor/dentist offices in Limited Industrial zones by special permit (expanding this use)
• Separating out medical or dental labs from General Personal Service establishments, and allowing them as
a special permit in Limited Industrial zones (expanding this use)
• Allowing General Personal Service establishments as a special permit in Limited Industrial zones
• Adding pharmacy or drug stores, and allowing them by right in all districts except Single Family
Residential, General Residential, and Parkland and Open Space
• Adding medical marijuana facilities (special permit in Industrial zones with 500 foot buffers, as described
in Section 7.7 of the Zoning Bylaws)
• Adding veterinary establishments, provided that animals are kept indoors, as a special permit in Business
zones, but allowed by right in Limited Industrial zones and the Industrial zone
• There are no changes proposed for home-occupations or adult daycares
PLANNING BOARD MOTION
MOVED: That the Town vote to amend Zoning By-laws Section 3.1.4 Table of Use Regulations be
hereby amended as follows:
1. To see if the Town will vote to amend the Zoning By-laws Section 3.1.4, Table of Use Regulations,
Section A Residential Uses by adding the principal use of Assisted Living and/or Independent
Living Facility” by allowing Assisted Living and/or Independent Living Facility by special permit
“BA” under the General Residence (GR), Business (B), Central Business (CB), Limited Industrial
(LI), Limited Industrial B (LI-B), Limited Industrial C (LI-C) zones, and to prohibit assisted living
facilities and/or independent living facilities in the Single Residence (SR), Industrial (I), and
Parkland and Open Space (POS) zones.
Principal Use SR GR B CB LI LI(B) LI(C) I POS
A. Residential Uses
Assisted Living and/or Independent Living N BA BA BA BA BA BA N N
Facility 1
1.See Section 8.2.2 and 8.7 for special regulations
2. To see if the Town will vote to amend the Zoning By-laws Section 3.1.4, Table of Use Regulations,
Section B Exempt and Institutional Uses by combining religious purposes, educational purposes,
and childcare centers into one line, titled “Exempt: uses exempted from prohibition by G.L. Chapter
40A, Section 3”, by separating Hospitals from Philanthropic, or charitable institutions, by adding
and combining “Hospitals”, “Long-term care facility, “Hospice”, “Health care facility/clinic”, and
“Substance abuse detoxification or treatment center” as follows:
Principal Use SR GR B CB LI LI(B) LI(C) I POS
B. Exempt and Institutional Uses
Exempt: uses exempted from prohibition by G.L. Y Y Y Y Y Y Y Y Y
Chapter 40A, Section 32
Hospital, Rehabilitation hospital, Long-term care N N N N BA BA BA BA N
facility, hospice, health care facility/clinic, or
substance abuse detoxification or treatment
center3
Philanthropic, educational, or charitable BA BA Y Y N N N N Y
institution, non-exempt
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ANNUAL TOWN MEETING MAY 13, 2019
2. As defined by M.G.L. Chapter 40A, Section 3
3. See Special Regulations Section 4.2.7 for in-patient facilities and Section 4.2.8 for out-patient
facilities
3. 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 amending the principle use zones for “Medical offices:
offices of a doctor or dentist not a resident of the premises, or a group of such offices” and
“General or Personal Service Establishments”, and “Business or professional office or agency” to
expand their use by special permit in all Limited Industrial (LI) zones, and adding “Medical or
Dental Labs”, “Healthcare facility/clinic” and “Medical marijuana facilities” with the proposed use
zones as stated. Finally, to allow kennels, animal or veterinary hospitals in Business zones as a
special permit, as stated below.
F. Commercial and Office Uses SR GR B CB LI LI(B) LI(C) I POS
Kennel or Veterinary Facility or Clinic N N BA N Y Y Y Y N
Medical offices: offices of a doctor or dentist not N N Y Y BA BA BA Y N
a resident of the premises, or a group of such
offices
Medical or Dental Labs N N Y Y BA BA BA Y N
General or personal service establishment N N Y Y BA BA BA Y N
Medical Marijuana Facilities 4 N N N N N N N BA N
4. See Section 7.7 for special regulations.
4. To see if the Town will vote to amend the Zoning By-laws Section 3.1.4, Table of Use Regulations,
Section G Retail Uses by adding “Pharmacy or drug store” as follows:
G. Retail Uses SR GR B CB LI LI(B) LI(C) I POS
Pharmacy or drug store N N Y Y Y Y Y Y N
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 34 as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 7-0
PLANNING BOARD DISCUSSION: On February 6th and again on March 6th, 2019, the Planning Board
discussed the proposed article to amend the Zoning By-laws Section 3.1.4. The goal of this and related zoning
articles is to modernize Canton’s zoning regulations around medical facilities and uses. The purposes include
ensuring: (1) equity in housing, services, health and safety for everyone; (2) sound and thoughtful management of
development; (3) preservation of town character; (4) delivery of services for a diversity of residents; (5)
availability of necessary medical services for vulnerable populations, such as allowing for addiction services; (6)
clarifications for the definitions, uses, parking, and special regulations for medical facilities (for example: hospitals,
clinics, doctor’s offices, etc.) and residential facilities with medical components (for example: senior living facilities,
nursing homes, etc.). The new definitions will be clearly tied to state licensing definitions and requirements. The
uses will require mostly special permits. The parking will follow planning and design standards, and the special
regulations will minimize the impact of more intensive uses on the town and residential neighbors.
Proposed changes to the Table of Use include:
• Adding Assisted Living and/or Independent Living Facilities as a special permit in all zones but Single
Family Residential, Industrial or Parkland and Open Space
• Combining religious purposes, educational purposes, and child care into one line, titled “Exempt: uses
exempted from prohibition by G.L. Chapter 40A, Section 3 (allowed by right in all zones by law)
• Separating hospitals from philanthropic or charitable institutions
• Adding “Hospital, Long-term care facility, hospice, health care facility/clinic or substance abuse
detoxification or treatment center” as a special permit in Limited Industrial zones, and Industrial zones as
a special permit, and with associated special regulations and buffers from residential zones (500 feet).
• Allowing doctor/dentist offices in Limited Industrial zones by special permit (expanding this use)
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ANNUAL TOWN MEETING MAY 13, 2019
• Separating out medical or dental labs from General Personal Service establishments, and allowing them as
a special permit in Limited Industrial zones (expanding this use)
• Allowing General Personal Service establishments as a special permit in Limited Industrial zones
• Adding pharmacy or drug stores, and allowing them by right in all districts except Single Family
Residential, General Residential, and Parkland and Open Space
• Adding medical marijuana facilities (special permit in Industrial zones with 500 foot buffers, as described
in Section 7.7 of the Zoning Bylaws)
• Adding veterinary establishments, provided that animals are kept indoors, as a special permit in Business
zones, but allowed by right in Limited Industrial zones and the Industrial zone
• There are no changes proposed for home-occupations or adult daycares
The Planning Board has two small changes to the text of the article in the motion. They would like to add
“rehabilitation hospital” to the Section B Table of Use after the word “hospital” to match the proposed inclusion of
the definition in Section 11.0. They would also like to change the title of “animal or veterinary hospital” in Section F
to read “veterinary facility or clinic” to match the proposed definition in Section 11.0.
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted unanimously to support the Planning
Board objective in this Article, one of the related group of Articles 33 – 39, which is to modernize the Town’s zoning
regulations around medical facilities and uses. This particular Article proposes various changes to the Table of Use
Regulations.
APPROVED__________DISAPPROVED__________
ARTICLE 35
AMEND ZONING BY-LAW 4.2 SPECIAL REGULATIONS FOR “HOSPITALS, LONG TERM CARE FACILITIES,
HEALTH CARE FACILITIES/CLINICS, OR SUBSTANCE ABUSE DETOXIFICATION OR TREATMENT
CENTERS”
Article 35 To see if the Town will vote to amend Zoning By-law 4.2 Special Regulations by adding a new Section
4.2.7 and Section 4.2.8 as follows or take any other action related thereto:
4.2.7 In-patient Medical Facilities: Hospitals, Long-term care Facilities, or Substance Abuse
Detoxification or Treatment Centers.
1. General: An in-patient medical facility, hospital, long-term care facility, or substance abuse detoxification or
treatment center may be allowed by special permit from the Zoning Board of Appeals upon determination that all of
the conditions set forth below have been met. The following conditions are the minimum which must be met for the
approval of a Special Permit. This list is not intended to exclude the imposition of any additional conditions by the
Zoning Board of Appeals or the Planning Board. In-patient facilities with out-patient components shall be subject to
Section 4.2.7.
2. Infrastructure
a. Water and Sewer. The facility shall be connected to municipal water and sewer systems. All costs
associated with the extension of these services shall be borne by the developer or applicant.
b. Roads. All newly created traveled ways shall be privately maintained with respect to roadway upkeep
and snow and ice removal.
c. Refuse. Collection and disposal of all refuse shall be provided privately.
d. Utilities. All utilities on the site shall be installed underground pursuant to approved methods of
installation and construction.
e. Safety. The facility shall have an integrated emergency call, security, telephone, and other
communication system to provide monitoring for its residents and direct line connection to the Canton Fire
Department.
f. Open Space. At least twenty percent (20%) of the parcel shall be open space, which is any land not
containing a building, structure, or impervious surface material. The open space shall have a shape
suitable to assure its use for areas of scenic beauty, landscaping and/or useable recreational purposes. At
least ten percent (10%) of the open space shall be for recreational use by patients and visitors, such as
looped pathways, settings for physical therapy, playground, courtyard, or gardens for walking. Outdoor
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ANNUAL TOWN MEETING MAY 13, 2019
areas should be visible from patients’ rooms, interior public spaces and corridors. Seventy-five (75%) of
open space shall be contiguous, and no piece shall be included in the calculation of open land unless at
least two hundred square feet in size. Preserving existing stands of trees, trees at site perimeter, and
contiguous vegetation with adjacent sites are a priority.
g. Bonding procedures and requirements for roadways, utilities, structures, and site amenities for a
facility shall be the same as those established by the Planning Board for subdivisions in the Town of
Canton.
3. Dimensional Regulations
Hospital, Long-term care facility, or Substance Abuse Detoxification or Treatment Center
Dimensional Regulations
Minimum Lot Size 1. Six to ten beds: 21,780 square feet (0.5 acre).
2. Eleven to 20 beds: 43,560 square feet (1 acre).
3. Every ten beds (or fraction thereof) over 20
beds: 21,780 square feet (0.5 acre).
Minimum Non-wetland Area Same as minimum lot size.
Lot Width 200 feet
Frontage (ft.) 100 feet
Lot Coverage (%) 25
Open Space (%) 20
Setbacks Determined by underlying zone
Proximity to existing residential zone 500 feet
Proximity to existing hospital, long-term care 500 feet
facility, or substance abuse detoxification or
treatment center
Maximum Number of Beds 115 beds
Maximum Height 40 feet or 3 floors, whichever is less
4. Landscaping Requirements
a. Buffer zone: The side and rear lot lines shall be screened by a ten (10) foot width of dense natural growth or
landscaping. Plant materials characterized by dense growth which will form an effective year-round screen
shall be planted to form the screen. Screening shall consist of natural materials. To the extent practical,
existing trees and vegetation shall be retained and used to satisfy the provisions of this section. All required
plant material shall be maintained by the owner in healthy condition and replaced with new plantings
whenever necessary to insure continued compliance with screening requirements.
a. All outdoor refuse collection and loading areas shall be screened from adjoining streets and abutting properties
by a visually impermeable six foot high landscape screen or fence.
b. All parking areas shall be screened from adjoining streets and abutting properties.
4.2.8 Out-patient Only Medical Facilities: Healthcare Facilities/Clinics or Out-patient Substance Abuse
Detoxification or Treatment Centers.
1. General: An out-patient healthcare facility/clinic or out-patient substance abuse detoxification or treatment
center may be allowed by special permit from the Zoning Board of Appeals upon determination that all of the
conditions set forth below have been met. The following conditions are the minimum which must be met for the
approval of a Special Permit. This list is not intended to exclude the imposition of any additional conditions by the
Zoning Board of Appeals or the Planning Board. In-patient facilities with out-patient components shall be subject to
Section 4.2.7.
2. Infrastructure
a. Water and Sewer. The facility shall be connected to municipal water and sewer systems. All costs associated
with the extension of these services shall be borne by the developer or applicant.
b. Roads. All newly created traveled ways shall be privately maintained with respect to roadway upkeep and
snow and ice removal.
c. Refuse. Collection and disposal of all refuse shall be provided privately.
d. Utilities. All utilities on the site shall be installed underground pursuant to approved methods of installation
and construction.
e. Safety. The facility shall have an integrated emergency call, security, telephone, and other communication
system to provide monitoring for its residents and direct line connection to the Canton Fire Department.
f. Bonding procedures and requirements for roadways, utilities, structures, and site amenities for a facility
shall be the same as those established by the Planning Board for subdivisions in the Town of Canton.
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ANNUAL TOWN MEETING MAY 13, 2019
3. Dimensional Regulations
Healthcare Facility/Clinic or Out-patient Substance Abuse Detoxification or Treatment Center
Dimensional Regulations
Minimum Lot Size Determined by underlying zone
Minimum Non-wetland Area Same as minimum lot size.
Lot Width 200 feet
Frontage (ft.) 100 feet
Lot Coverage (%) 25
Setbacks Determined by underlying zone
Proximity to existing residential zone 500 feet
Proximity to existing heathcare facility/clinic or 500 feet
out-patient substance abuse detoxification or
treatment center
Maximum Height 40 feet or 3 floors, whichever is less
4. Landscaping Requirements
a. Buffer zone: The side and rear lot lines shall be screened by a ten (10) foot width of dense natural growth or
landscaping. Plant materials characterized by dense growth which will form an effective year-round screen
shall be planted to form the screen. Screening shall consist of natural materials. To the extent practical,
existing trees and vegetation shall be retained and used to satisfy the provisions of this section. All required
plant material shall be maintained by the owner in healthy condition and replaced with new plantings
whenever necessary to insure continued compliance with screening requirements.
c. All outdoor refuse collection and loading areas shall be screened from adjoining streets and abutting properties
by a visually impermeable six foot high landscape screen or fence.
d. All parking areas shall be screened from adjoining streets and abutting properties.
Board of Selectmen for Planning Board
Commentary: The goal of this and related zoning articles is to modernize Canton’s zoning regulations around
medical facilities and uses. The goals include ensuring equity in housing, services, health and safety for everyone;
To manage development well, where thoughtful development preserves town character, while providing services
for a diversity of residents; To provide necessary medical services for vulnerable populations, such as allowing for
addiction services; To clarify the definitions, uses, parking, and special regulations for medical facilities (For
example: hospitals, clinics, doctor’s offices) and residential facilities with medical components (For example: senior
living facilities, nursing homes). The new definitions will be clearly tied to state licensing definitions and
requirements, the uses will require mostly special permits, the parking will follow planning and design standards,
and the special regulations will minimize the impact of more intensive uses on the town and residential neighbors.
PLANNING BOARD MOTION
MOVED: That Zoning By-law 4.2 Special Regulations be amended by adding a new Section 4.2.7
and Section 4.2.8 as presented in the warrant.
PLANNING BOARD VOTE: 3-2
FINANCE COMMITTEE RECOMMENDATION:
MOVED: The Finance Committee recommends that the motion presented by the Planning Board
to Town Meeting for Article 35 as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 7-0
PLANNING BOARD DISCUSSION: On February 6th and again on March 6th, 2019, the Planning Board
discussed the proposed article to amend the Zoning By-laws Section 4.2. The goal of this and related zoning
articles is to modernize Canton’s zoning regulations around medical facilities and uses. The goals include ensuring
equity in housing, services, health and safety for everyone; To manage development well, where thoughtful
development preserves town character, while providing services for a diversity of residents; To provide necessary
medical services for vulnerable populations, such as allowing for addiction services; To clarify the definitions, uses,
parking, and special regulations for medical facilities (For example: hospitals, clinics, doctor’s offices) and
- 77 -Source page 78
ANNUAL TOWN MEETING MAY 13, 2019
residential facilities with medical components (For example: senior living facilities, nursing homes). The new
definitions will be clearly tied to state licensing definitions and requirements, the uses will require mostly special
permits, the parking will follow planning and design standards, and the special regulations will minimize the impact
of more intensive uses on the town and residential neighbors. The Planning Board had no changes to the text of
the article in the motion.
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted unanimously to support the Planning
Board objective in this Article, one of the related group of Articles 33 – 39, which is to modernize the Town’s zoning
regulations around medical facilities and uses. This particular Article concerns certain “institutional” type health
facilities.
APPROVED__________DISAPPROVED__________
ARTICLE 36
AMEND ZONING BY-LAWS SECTION 8.0 SPECIAL RESIDENTIAL REGULATIONS
Article 36 To see if the Town will vote to amend Zoning By-Laws Section 8.0 as follows; or take any other action
thereto.
1. By amending zoning By-law 8.3 Convalescent or Nursing Home, Boarding or Lodging House, or Tourist Home
to delete references of “convalescent or nursing home” and “tourist home” as follows:
8.3 Boarding or Lodging House
8.3.1. General. A boarding or lodging house may be authorize by special permit by the Zoning Board of
Appeals, subject to the following requirements:
8.3.2. Requirements.
1. The building shall have the external appearance and general aspect of a one-family dwelling, or
2. The building shall be located on a lot that abuts a Non-Residential Zoning District, or shall be located on
a lot that abuts other lots containing buildings used for one or more of such purposes or occupied by more
than two families.
2. By amending Zoning By-law 8.2.2 Multifamily Dwellings Requirements by adding a new subsection 8, as
follows:
8. Independent Senior Living Apartments, age-restricted, but not considered an assisted living facility or
long-term care facility shall be treated as a multi-family dwelling.
3. By adding Zoning By-law 8.7 “Assisted Living Facilities” as follows:
8.7 Assisted Living Facilities
8.7.1 General. An Assisted Living Facility may be authorized by special permit by the Zoning Board of Appeals,
subject to the following requirements. This list is not intended to exclude the imposition of any additional conditions
by the Zoning Board of Appeals or the Planning Board under Site Plan Review:
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ANNUAL TOWN MEETING MAY 13, 2019
8.7.2 Requirements
1. Water and Sewer: The assisted living facility site shall be connected to municipal water and sewer systems.
All costs associated with the extension of these services shall be borne by the developer or applicant.
2. Roads: All newly constructed ways shall be privately maintained with respect to roadway upkeep and snow
and ice removal.
3. Refuse: Collection and disposal of all refuse shall be provided privately.
4. Utilities: All utilities on the site shall be installed underground pursuant to approved methods of installation
and construction.
5. Safety: The assisted living facility site shall have an integrated emergency call, security, telephone and other
communication system to provide monitoring for its residents and direct line connection to the Canton Fire
Department.
6. Open Space: At least thirty percent (30%) of the parcel shall be open space. The open space shall have a
shape suitable to assure its use for areas of scenic beauty, landscaping and/or recreation purposes. At least
fifteen percent (15%) of the open space shall be for recreational use by residents and visitors, such as looped
pathways, settings for physical therapy, playground, courtyards, gardens, swimming pools, tennis and other
recreational courts, playing fields, putting greens, bocce courts, residential greenhouses of not more than two
hundred and fifty (250) square feet, or covered and uncovered sitting areas. Outdoor areas should be visible
from resident’s rooms, interior public spaces and corridors. Seventy-five (75%) of open space shall be
contiguous, and no piece shall be included in the calculation of open land unless at least two hundred square
feet in size. Preserving existing stands of trees, trees at site perimeter, and contiguous vegetation with
adjacent sites are a priority.
7. Affordable Units: For assisted living premises containing more than ten (10) dwelling units, in
consideration of the increases in the otherwise permissible density of population or intensity of a particular
use authorized pursuant to this Section 8.7, at least twelve and half (12.5%) of the dwelling units, in no case
less than one (1) unit, shall be deed restricted in perpetuity as "Affordable Units" as defined in the applicable
regulations of the Department of Housing and Community Development.
8.7.3 Dimensional Regulations
Assisted Living Facility Dimensional Regulations
Minimum Lot Size 2.5 acres
Minimum Non-wetland Area 2.5 acres
Lot Width 200 feet
Frontage (ft.) 125 feet
Lot Coverage (%) 25
Open Space (%) 30
Setbacks Determined by underlying zone
Minimum Lot Area per Dwelling Unit 4,000 square feet
Maximum Number of Units in an Assisted Living 115 units
Facility
Maximum Height 40 feet or 3 floors, whichever is less
8.7.4 Landscaping and Buffering Requirements
1. Buffer zone: The side and rear lot lines shall be screened by a ten (10) foot width of dense natural growth or
landscaping. Plant materials characterized by dense growth which will form an effective year-round screen
shall be planted to form the screen. Screening shall consist of natural materials. To the extent practical,
existing trees and vegetation shall be retained and used to satisfy the provisions of this section. All required
plant material shall be maintained by the owner in healthy condition and replaced with new plantings
whenever necessary to insure continued compliance with screening requirements.
2. All outdoor refuse collection and loading areas shall be screened from adjoining streets and abutting
properties by a visually impermeable six foot height landscape screen or fence and through the use of
appropriate landscaping.
3. All parking areas shall be screened from adjoining streets and abutting properties.
4. The Planning Board or Zoning Board may require buffer areas at specific locations along the perimeter as
necessary to provide an additional visual buffer.
8.7.5 Accessory Uses
1. Garages for common use vehicles owned by the operating entity.
2. One single-story building to house snow removal, lawn maintenance, and recreational equipment. Such
building shall not exceed 3,000 square feet.
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ANNUAL TOWN MEETING MAY 13, 2019
3. Outdoor recreational facilities. This may include outdoor swimming pools, tennis and other recreational courts,
playing fields, putting greens, bocce courts, gardens, residential greenhouses of not more than two hundred
and fifty (250) square feet, covered and uncovered sitting areas.
4. Any and all other uses normal accessory, or incidental to an assisted living facility. Accessory uses shall
comply with principal density, dimensional, and buffering requirements.
8.7.6 Non-Residential Uses
The operator of a long-term care facility may also provide optional services on the site including but not limited to
local transportation, barber/beauty services, meals, laundry, exercise, healthcare, entertainment, sundries for
personal consumption, and other amenities, provided:
1. Such uses serve the resident, guests, and employees of the assisted living facility only
2. Such uses are conducted within and may be entered only from within a principal building
3. There is no external evidence of such uses visible beyond the development site
4. The appearance and character of the commercial uses are compatible with a residential development. The
non-residential uses are accessory uses for the assisted living facility and if the underlying assisted living
facility use is discontinued the non-residential use shall not continue.
8.7.7 Public Transportation: Applicant shall provide shuttle service for residents to nearby public
transportation facilities and other community resources.
8.7.8 Decision: A site plan pursuant to the provisions of Section 10.5 shall be required. The Zoning Board of
Appeals may issue a special permit for a development when it finds that the proposed use is in harmony with the
purpose and intent of the bylaw and the proposal shall be subject to the general or specific provisions set forth
herein. The Zoning Board of Appeals may way any or all dimensional requirements, when, in the judgement of the
Zoning Board of Appeals, such action is in the public interest and not inconsistent with the provisions of this
Section 8.7. Any such permit issued may also impose reasonable conditions, safeguards and limitations of time and
use. The Zoning Board of Appeals as Special Permit Granting Authority reserves the right to amend, modify or
revoke any permit granted for noncompliance of aforesaid conditions.
Board of Selectmen for Planning Board
Commentary: The goal of this and related zoning articles is to modernize Canton’s zoning regulations around
medical facilities and uses. The goals include ensuring equity in housing, services, health and safety for everyone;
To manage development well, where thoughtful development preserves town character, while providing services
for a diversity of residents; To provide necessary medical services for vulnerable populations, such as allowing for
addiction services; To clarify the definitions, uses, parking, and special regulations for medical facilities (For
example: hospitals, clinics, doctor’s offices) and residential facilities with medical components (For example: senior
living facilities, nursing homes). The new definitions will be clearly tied to state licensing definitions and
requirements, the uses will require mostly special permits, the parking will follow planning and design standards,
and the special regulations will minimize the impact of more intensive uses on the town and residential neighbors.
Proposed residential special regulation changes include:
• Treating independent senior living apartments (age-restricted) as multi-family dwellings and required to
follow those special regulations (Section 8.2.2 Multifamily Dwellings Requirements)
• Separating convalescent or nursing homes from “Boarding or Lodging Houses, or Tourist Homes” and
creating special regulations for those uses in another Section
• By adding special regulations for Assisted Living Facilities
PLANNING BOARD MOTION
MOVED: That Zoning By-Laws Section 8.0 be amended as follows:
That Zoning By-Laws Section 8.0 be amended as follows.
1. By amending zoning By-law 8.3 Convalescent or Nursing Home, Boarding or Lodging House, or
Tourist Home to delete references of “convalescent or nursing home” and “tourist home” as
follows:
8.3 Boarding or Lodging House
8.3.1. General. A boarding or lodging house may be authorize by special permit by the Zoning
Board of Appeals, subject to the following requirements:
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