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ATM 2013 WARRANT

Town Meeting · Record year 2013 · Record b95bef73c2a1d48acf

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Source page 41

ANNUAL TOWN MEETING MAY 13, 2013

PLANNING BOARD DISCUSSION: The Planning Board voted 4-0 to send a favorable recommendation in
support of the motion for this article, which will permit the Design Review Board to review the construction,
alteration, demolition or removal of structures in the Canton Center Economic Opportunity District (CCEOD), other
than single family residences and those actions that constitute routine maintenance.

APPROVED__________DISAPPROVED__________

ARTICLE 16

AMEND ZONING BY-LAW TO PERMIT AREAS FOR SENIOR HOUSING OVERLAY DISTRICT (SHOD)
Article 16 To see if the town will vote to amend the Zoning By-Law of the Town, as most recently amended, by
adding provisions which will define and regulate a new residential classification of housing especially designed to
meet the needs and serve the interests of persons the age of sixty-two or more, by inserting into Section 9 ,
Special Districts, a new “Senior Housing Overlay District” in substantially the form contained in document
entitled “Senior Housing Overlay District,” copies of which have been placed on file and are available for public
review at the office of the Town Clerk and at the office of the Board of Selectmen in Memorial Hall, at the research
desk at the Canton Public Library and on the town website,

SENIOR HOUSING OVERLAY DISTRICT (SHOD)

9.9.1 Purpose. The purpose of the Senior Housing Overlay District (SHOD) is to:

1. Provide for the establishment of a specialized, tax-paying congregate residential development for the elderly
that will offer mixed and diverse varieties of enriched service, supportive and secure housing for individuals sixty-
two (62) years of age or older who do not want or need placement in a hospital or nursing home.

2. Create regulatory procedures to promote flexibility in land use planning in appropriate locations for the uses
defined herein

3. Provide for residential development in a manner that conserves environmental features, woodlands, wet areas,
open space, areas of scenic beauty, views and vistas. Such communities shall be designed to achieve compatibility
with their surroundings and to encourage orderly and well-planned development.

9.9.2 Overlay District; Applicability. The SHOD shall be construed as an overlay district. This district may be
applied as an overlay to any parcel of land which has been designated by a town meeting vote. All requirements of
the underlying zoning district(s) shall remain in full force and effect, except where the requirements of the SHOD
are less restrictive or provide for uses or structures not otherwise available in the underlying district(s). In such
cases the requirements of the SHOD may supercede the underlying zoning regulations upon the issuance of a
special permit from the Zoning Board of Appeals.

9.9.3 Locations and Eligibility. No parcel shall be placed in the SHOD unless it
contains ten (10 ) contiguous upland acres of land . The location of a SHOD shall include all land designated by
Town Meeting as being within the SHOD, pursuant to G.L. c. 40A, s. 5.

9.9.4 Definitions. See Section 11, “Senior Housing Overlay District.”

9.9.5 Use Restrictions and Requirements. A Senior Housing Community may be authorized by a special permit
issued by the Zoning Board of Appeals pursuant to this Section and in compliance with the standards set forth
herein.

1. Multifamily residential structures consisting of dwelling units occupied by persons 62 years of age or older and
which are designed as townhouses style structures to have dwelling units side by side or as apartment style
structures to have dwelling units placed one above another. There may be more than one building on a single lot
in a Senior Housing Community; in such an event, there shall be no minimum standards for internal lot line

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ANNUAL TOWN MEETING MAY 13, 2013

setbacks within the Senior Housing Community, unless required by the Zoning Board of Appeals in its issuance of a
special permit based on specific findings that there is need for greater physical separation of specific buildings or
uses.
2. Structures and uses accessory to the Senior Housing Community including but not limited to: meals and
communal dining, transportation, laundry, recreation, entertainment, exercise, healthcare, therapy, beautification,
automated teller machines and limited banking, and community activities.
3. All Senior Housing Community dwellings shall be connected to the public sewer or shall comply with the
provisions of the State Sanitary Code, 310 CMR 15.00, any other applicable State regulations, and with the rules of
the Town of Canton Board of Health.

9.9.6 Density. No building or structure shall be designed, arranged or constructed and no building, structure or
land shall be used, in whole or in part, which exceeds one dwelling unit per two thousand five hundred (2,500)
square feet of "buildable lot area".

9.9.7Application. An application for a special permit for construction within a SHOD shall be submitted to the
Zoning Board of Appeals on forms furnished by the Zoning Board of Appeals, accompanied by the fees set forth
below, the following information and data, and a development plan as described below:

1. All of the information required for site plan approval pursuant to Zoning Bylaws Section 10.5;
2. The name(s) and address(es) of the Applicant and all legal and beneficial
owners of the site and an instrument executed by all persons owning property constituting the site consenting to
the development of the subject property, as applied for.
3. A proposed development schedule showing the expected start of construction, the rate of construction and
development, including stages, if applicable, and the estimated date of completion.
4. A narrative report prepared by the Applicant's qualified professionals detailing the impact of the development on
the Town's capacity to furnish services, including, but not limited to, roads, water and sanitation.
5. Information regarding the number and kind of units and other structures
(including signs) proposed, their location, the number of units planned for each use (i.e. independent living ,
assisted living, and memory care), the type of materials to be used in construction. The architecture of the
structures shall be sensitive to the abutting structures and residences.
6. Areas to be set aside for building structures, parking areas, and any easements.
7. A Traffic Study prepared by the Applicant's qualified professional and any other information that the Zoning
Board of Appeals may reasonably require in a form acceptable to said Board to assist in determining whether the
Applicant's proposed development plan meets the objectives of this Section.

9.9.8 Lot Coverage Requirement. At least thirty percent (30%) of the Senior Housing Community shall be open
space. The open space shall have a shape suitable to assure its use for landscaping and/or open space purposes.
Each Senior Housing Community site shall conform to the following maximum lot coverage requirements:

1. Residential District. Where the underlying district is residential the Zoning Board of Appeals may approve a
Senior Housing Community with no more than 30% lot coverage.

2. Industrial; Limited Industrial; Business Districts. Where the underlying district is Industrial, Limited Industrial or
Business the Zoning Board of Appeals may approve a Senior Housing Community with no more than 40% lot
coverage.

9.9.9 Dimensional Regulations. All dimensions shall comply with the lot dimensional regulations of this
subsection. In addition, the applicant shall prepare a "Development and Use" plan in accordance with design
standards submitted and approved by the Zoning Board of Appeals.

Requirement Residential District Business, Industrial, Limited Industrial

Minimum lot area 10 acres 10 acres
Minimum Frontage 150 feet 150 feet
Minimum Lot width 200 feet 175 feet
Minimum Front yard 60 feet 60 feet
Minimum Side yard 40 feet 35 feet
Minimum Rear yard 50 feet 40 feet

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ANNUAL TOWN MEETING MAY 13, 2013

9.9.10 Minimum Lot Frontages. SHOD sites shall have a minimum frontage of one hundred and fifty (150) feet
and at least one means of ingress/egress provided by a primary public roadway.

9.9.11 Landscaping. Appropriate buffer screening shall be designed and installed within setback areas adjoining
or facing residential properties, to the extent deemed appropriate by the Zoning Board of Appeals as a part of the
site plan approval process. Vegetation in this buffer area shall not be destroyed or removed, except for normal
maintenance. Buffer areas shall be included in calculating the Open Space requirement of this by-law. Applicant
shall file a landscape plan, prepared by a landscape architect, that demonstrates sufficient plantings to provide
adequate screening. The landscaping plan shall strive to be consistent with the requirements of Section 10.5 in
terms of the percent of the total interior landscaped area. The Zoning Board of Appeals may reduce the width of
the required buffer and modify other landscaping requirements where the applicant demonstrates that suitable
screening will be provided by other means.

9.9.12 Parking and Loading. There shall be a minimum of (a) 0.75 parking spaces per independent living
dwelling unit and (b) 0.5 parking spaces per assisted living dwelling unit and these calculations include necessary
staff and visitor parking. The Applicant shall provide information detailing the method of computation of parking
spaces. All parking shall be confined to the site except as allowed under Section 4.05 Parking for residents of the
SHOD must be reserved exclusively for their use. The Applicant shall demonstrate sufficient off-street loading
space to insure that all loading operations take place off the public way.

9.9.13 Stormwater Management. The stormwater management system shall be designed in accordance with
the Subdivision Regulations and the MassDEP's Stormwater Management Guidelines and Regulations, as amended.

9.9.14 Utilities. All electric, gas, telephone, water distribution lines, and other utilities shall be placed
underground.

9.9.15 Building Height. No building or structure shall be constructed to exceed thirty six (36') feet . Maximum
building height shall be measured as set forth in the State Building Code 780 CMR. Structures erected on a building
and not used for human occupancy, such as chimneys, heating, ventilating or air conditioning equipment, solar or
photovoltaic
panels, elevator housings, antennas, skylights, cupolas, spires, or other
such roof structures and the like may exceed the maximum height of building provided that no part of the
structures is more than fifteen (15) higher than the upper elevation of the building and the total horizontal
coverage of such structures on the building does not exceed twenty-five (25) percent. Additional height consistent
with the provisions of Section 4.3.1 made be obtained by special permit granted by the Zoning Board of Appeals.

9.9.16 Lighting. All lights and other sources of illumination (whether interior or exterior) and all intense light
emanating from operations or equipment shall be shielded from direct view at normal eye level from streets and
residential districts.

9.9.17 Signage. All signs and awnings shall conform to the maximum area, height, number, setback and
illumination requirements set forth in Section 6.3.

9.9.18 Noise Regulation. From the date the Senior Housing Community receives its final Certificate of
Occupancy, no activity or use shall be allowed which causes exterior noise levels to exceed a day-night average
sound level of 65 decibels at the lot line; no dwelling unit shall be located where exterior noise levels exceed a day-
night average sound level of 65 decibels; and no dwelling unit shall be constructed which allows interior noise
levels to exceed a day-night average sound level of 45 decibels. The daynight average sound level (Ld,,) is the 24-
hour average sound level, in decibels, resulting from the accumulation of noise from all sources contributing to the
external noise environment of the site (with 10 decibels added to sound levels occurring from 10:00 AM to 7:00
PM. The day-night average sound level shall be determined in accordance with The Code of Federal Regulations,
Title 24 Housing and Urban Development, Part 51 Environmental Criteria and Standards (24 CFR 51).

9.9.19 Fees. Any fees submitted for an SHOD permit shall be reviewed by the Zoning Board of Appeals, pursuant
to Section 3.03 of the Canton Zoning By-laws.

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ANNUAL TOWN MEETING MAY 13, 2013

9.9.20 Accessibility. The facility shall comply with all state and federal requirements for handicapped access.

9.9.21 Public Transportation. Any SHOD special permit granted under this section shall be for a site proximate
to public transportation or Applicant shall provide shuttle service to nearby public transportation facilities.

9.9.22 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 in the SHOD 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 general or specific
provisions set forth herein. The Zoning Board of Appeals may waive any or all of the dimensional requirements,
when, in the judgment of the Zoning Board of Appeals, such action is in the public interest and not inconsistent
with the provisions of this Section 9.7 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
or to take any other action in relation thereto.
Petition by for Attorney Richard R. Staiti and 18 others

FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 16 be indefinitely postponed.

FINANCE COMMITTEE VOTE: 7-0-0

PLANNING BOARD MOTION:
MOVED: That the Town’s Zoning By-Law, Section 9, Special Districts, be amended by adding a
new Section 9.9, “Senior Housing Overlay District” as set forth below:

9.9.1 Purpose. The purpose of the Senior Housing Overlay District (SHOD) is to:

1. Provide for the establishment of a specialized Senior Housing Community that will furnish mixed
and diverse varieties of enriched service, supportive and secure housing for individuals sixty-two (62)
years of age or older who do not want or need placement in a hospital or nursing home.

2. Create regulatory procedures to promote flexibility in land use planning in appropriate locations for
the uses defined herein

3. Provide for residential development in a manner that conserves environmental features, woodlands,
wet areas, open space, areas of scenic beauty, views and vistas. Such communities shall be designed to
achieve compatibility with their surroundings and to encourage orderly and well-planned development.

9.9.2 Overlay District; Applicability. The SHOD shall be construed as an overlay district. This district
may be applied as an overlay to any parcel of land which has been designated by a town meeting vote.
All requirements of the underlying zoning district(s) shall remain in full force and effect, except where
the requirements of the SHOD are less restrictive or provide for uses or structures not otherwise
available in the underlying district(s). In such cases the requirements of the SHOD may supercede the
underlying zoning regulations upon the issuance of a special permit from the Zoning Board of Appeals.

9.9.3 Locations and Eligibility. No parcel shall be placed in the SHOD unless it
contains ten (10 ) contiguous upland acres of land . The location of a SHOD shall include all land
designated by Town Meeting as being within the SHOD, pursuant to G.L. c. 40A, s. 5.

9.9.4 Definitions. See Section 11, “Senior Housing Overlay District.”

9.9.5 Use Restrictions and Requirements. A Senior Housing Community may be authorized by a special
permit issued by the Zoning Board of Appeals pursuant to this Section and in compliance with the
standards set forth herein.

1. Multifamily residential structures consisting of dwelling units occupied by persons 62 years of age or

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ANNUAL TOWN MEETING MAY 13, 2013

older and which are designed as townhouse style structures to have dwelling units side by side or as
apartment style structures to have dwelling units placed one above another. There may be more than
one building on a single lot in a Senior Housing Community with a minimum of thirty feet for internal
lot line setbacks within the Senior Housing Community.

2. Structures and uses accessory to the Senior Housing Community including but not limited to: meals
and communal dining, transportation, laundry, recreation, entertainment, exercise, healthcare,
therapy, beautification, automated teller machines and limited banking, and community activities.

3. All Senior Housing Community dwellings shall be connected to the public sewer or shall comply with
the provisions of the State Sanitary Code, 310 CMR 15.00, any other applicable State regulations, and
with the rules of the Town of Canton Board of Health.

9.9.6 Density. No building or structure shall be designed, arranged or constructed and no building,
structure or land shall be used, in whole or in part, which exceeds one dwelling unit per -three
thousand seven hundred and fifty (3,750) square feet of "buildable lot area".

9.9.7Application. An application for a special permit for construction within a SHOD shall be submitted
to the Zoning Board of Appeals on forms furnished by the Zoning Board of Appeals, accompanied by the
fees set forth below, the following information and data, and a development plan as described below:

1. All of the information required for site plan approval pursuant to Zoning Bylaws Section 10.5;
2. The name(s) and address(es) of the Applicant and all legal and beneficial owners of the site and an
instrument executed by all persons owning property constituting the site consenting to the
development of the subject property, as applied for.
3. A proposed development schedule showing the expected start of construction, the rate of
construction and development, including stages, if applicable, and the estimated date of completion.
4. A narrative report prepared by the Applicant's qualified professionals detailing the impact of
the development on the Town's capacity to furnish services, including, but not limited to, roads, water
and sanitation.
5. Information regarding the number and kind of units and other structures (including signs) proposed,
their location, the number of units planned for each use (i.e. independent living , assisted living, and
memory care), the type of materials to be used in construction. The architecture of the structures shall
be sensitive to the abutting structures and residences.
6. Areas to be set aside for building structures, parking areas, and any easements.
7. A Traffic Study prepared by the Applicant's qualified professional and any other information that the
Zoning Board of Appeals may reasonably require in a form acceptable to said Board to assist in
determining whether the Applicant's proposed development plan meets the objectives of this Section.

9.9.8 Lot Coverage Requirement.

At least thirty percent (30%) of the Senior Housing Community shall be open space. The open space
shall have a shape suitable to assure its use for landscaping and/or open space purposes.

In all districts, the Zoning Board of Appeals may approve a Senior Housing Community with no more
than 30% lot coverage.

9.9.9 Dimensional Regulations. All dimensions shall comply with the lot dimensional regulations of this
subsection. In addition, the applicant shall prepare a "Development and Use" plan in accordance with
design standards submitted and approved by the Zoning Board of Appeals.

Requirement Residential District Business, Industrial, Limited Industrial

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ANNUAL TOWN MEETING MAY 13, 2013

9.9.10 Minimum Lot Frontages. SHOD sites shall have a minimum frontage of one hundred and fifty
(150) feet and at least one means of ingress/egress provided by a primary public roadway.

9.9.11 Landscaping. A minimum buffer area of ten (10) feet shall be provided at the perimeter of the
SHOD site. -Additional screening shall be designed and installed within setback areas adjoining or
facing residential properties, to the extent deemed appropriate by the Zoning Board of Appeals as a
part of the site plan approval process. Vegetation in this buffer area shall not be destroyed or removed,
except for normal maintenance. Buffer areas shall be included in calculating the Open Space
requirement of this by-law. Applicant shall file a landscape plan, prepared by a landscape architect,
that demonstrates sufficient plantings to provide adequate screening. The landscaping plan shall strive
to be consistent with the requirements of Section 10.5 in terms of the percent of the total interior
landscaped area. The Zoning Board of Appeals may reduce the width of the required buffer and modify
other landscaping requirements where the applicant demonstrates that suitable screening will be
provided by other means.

9.9.12 Parking and Loading. There shall be a minimum of (a) 0.75 parking spaces per independent
living dwelling unit and (b) 0.5 parking spaces per assisted living dwelling unit and these calculations
include necessary staff and visitor parking. The Applicant shall provide information detailing the
method of computation of parking spaces. All parking shall be confined to the site except as allowed
under Section 4.05 Parking for residents of the SHOD must be reserved exclusively for their use. The
Applicant shall demonstrate sufficient off-street loading space to insure that all loading operations take
place off the public way.

9.9.13 Stormwater Management. The stormwater management system shall be designed in accordance
with the Subdivision Regulations and the MassDEP's Stormwater Management Guidelines and
Regulations, as amended.

9.9.14 Utilities. All electric, gas, telephone, water distribution lines, and other utilities shall be placed
underground.

9.9.15 Building Height. No building or structure shall be constructed to exceed thirty six (36') feet .
Maximum building height shall be measured as set forth in the State Building Code 780 CMR. Structures
erected on a building and not used for human occupancy, such as chimneys, heating, ventilating or air
conditioning equipment, solar or photovoltaic panels, elevator housings, antennas, skylights, cupolas,
spires, or other such roof structures and the like may exceed the maximum height of building provided
that no part of the structures is more than fifteen (15) higher than the upper elevation of the building
and the total horizontal coverage of such structures on the building does not exceed twenty-five (25)
percent. An additional one foot in height - - may be obtained by special permit granted by the Zoning
Board of Appeals by which applicant demonstrates an additional foot in excess of the required setback
distance, narrower side yard, or rear yard depth whichever of the three is the smallest; provided
however, the height in any case shall not exceed forty two (42) feet.

9.9.16 Lighting. All lights and other sources of illumination (whether interior or exterior) and all
intense light emanating from operations or equipment shall be shielded from direct view at normal eye
level from streets and residential districts.

9.9.17 Signage. All signs and awnings shall conform to the maximum area, height, number, setback
and illumination requirements set forth in Section 6.3.

9.9.18 Noise Regulation. From the date the Senior Housing Community receives its final Certificate of
Occupancy, no activity or use shall be allowed which causes exterior noise levels to exceed a day-night
average sound level of 65 decibels at the lot line; no dwelling unit shall be located where exterior noise
levels exceed a day-night average sound level of 65 decibels ; and no dwelling unit shall be constructed
which allows interior noise levels to exceed a day-night average sound level of 45 decibels. The
daynight average sound level (Ld,,) is the 24-hour average sound level, in decibels, resulting from the
accumulation of noise from all sources contributing to the external noise environment of the site (with
10 decibels added to sound levels occurring from 10:00 AM to 7:00 PM. The day-night average sound
level shall be determined in accordance with The Code of Federal Regulations, Title 24 Housing and
Urban Development, Part 51 Environmental Criteria and Standards (24 CFR 51).

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ANNUAL TOWN MEETING MAY 13, 2013

9.9.19 Affordable Units.

The zoning board of appeals in acting upon the request for the special permit for the SHOD
development shall make specific findings that there will be a benefit to the town's housing objectives
as a result of allowing a cash contribution in lieu of inclusionary units. The finding shall include
consideration of appropriateness of the development site location for income eligible households,
including proximity to and quality of public transportation, schools, other services as well as input from
the planning board and the community preservation committee.

A. At least twelve percent (12%) of the number of units in the SHOD that will count towards the
Federal Decennial Census shall be restricted for rental by persons earning not more than eighty percent
of the area median family income as defined by the Commonwealth's Department of Housing and
Community Development. Such affordable units shall be integrated into the overall development so as
to prevent the physical segregation of such units and otherwise shall be indistinguishable from market
rate units except in size and interior finishing and appliances.

B. Cash Contribution— In lieu of providing affordable units within a development as described in
Section 9.9.19 A, the applicant may choose to make a cash contribution to the Town of Canton
Community Preservation Committee or its designee to promote affordable housing as defined herein.
Applicant shall comply with the following procedure:

1. Pre-Application Meeting—The applicant shall convene a pre-application meeting with the
Community Preservation Committee to discuss the project proposal and affordable housing
requirements.

2. Submittal of Affordable Housing Plan—The applicant shall fill out and submit a Cash Contribution
Form as part of the pre-application meeting for site plan approval to the Planning Board. This form
requires the following information:

a) Name, location and statement of the total project units and the type of units.

b) Verification from the DCHD (Department of Community Housing and Development) that the town is
in compliance with the 10% requirements of affordable housing standards for the community.

c) The following formula shall be applied as the basis for the cash contribution:
Number of units in the SHOD that will count towards the Federal Decennial Census x .12 x 27% of
the estimated assessed building value of each unit as determined by the town assessor = Total Cash
Contribution.

d) The total amount of the cash contribution to be made by the applicant.

3) Cash contributions made in accordance with this section may only be used for purposes relating to
the affordable housing component of the Community Preservation Act and only after the contribution
has been accepted by the Town of Canton under the provisions of Ch.44 Sec. 53a.

C). The Zoning Board of Appeals will rely upon input from the Planning Board and the Community
Preservation Committee to ensure compliance with the provisions of this section. In addition , the
Zoning Board of Appeals may impose conditions in which the Building Commissioner may limit, restrict,
or withhold the issuance of a certificate of occupancy for any market rate unit(s) in a development
until:

1) all of the affordable units have obtained a certificate of occupancy; or
2) any land, buildings , off-site units and/or cash contribution agreed upon to be donated to the Town
or its designee have been conveyed.

9.9.-20 Fees. - The filing fee for a Special Permit pursuant to this section shall be $1000.00. The
Planning Board may charge the applicant a filing fee for site plan approval in addition to a technical
review fee pursuant to MGL . c44 s. 53G to engage professional services to review an application for a
special permit within the SHOD .

9.9.-21 Accessibility. The facility and parking shall comply with all state and federal requirements for
handicapped access.

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ANNUAL TOWN MEETING MAY 13, 2013

9.9.-22 Public Transportation. -
Applicant shall provide shuttle service for residents to nearby public transportation facilities and other
community resources.

9.9.23 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 in the SHOD 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 general or specific provisions set forth herein. The Zoning Board of Appeals may
waive any or all of the dimensional requirements, when, in the judgment of the Zoning Board of
Appeals, such action is in the public interest and not inconsistent with the provisions of this Section 9.9
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.

PLANNING BOARD VOTE: 4-0-0

FINANCE COMMITTEE DISCUSSION: The Finance Committee voted to indefinitely postpone this article
strictly from a financial perspective. There were three primary concerns. First, this overlay could impact the
town’s affordable housing status. The Finance Committee recommends that the town maintain 10% or more of its
housing as affordable, as defined under 40B. Presently, the town is at 10%. The language in this article allows for
the senior housing district to either provide 12% affordable housing units or make a cash contribution to the town
in lieu of such housing. The intent of the cash contribution is for the town to obtain affordable housing itself for
qualified residents. The formula for the cash contribution is not favorable to the town, as it does not provide
enough revenue for the town to obtain affordable housing in order to maintain the 10% desired threshold. If the
town falls below this percentage, there is the possibility of a large-scale 40B project which the Finance Committee
views as undesirable to the town because residency would increase but property tax revenue would not increase
proportionally. Second, there was concern that if a large number of the town’s elderly population sold their single
family home and moved into such a housing community, there would be an “echo” effect in the schools. This
means that the number of children in the school system increases at a higher rate than typical years. The property
taxes for the homes sold would remain the same, but there would be an increase in school aged children. The
property tax revenue generated from a senior housing district would not provide adequate additional revenue to
offset the increased costs of a larger number of school aged children. Third, given the demographics of the senior
housing district, there is the possibility of increased costs to the town due to higher utilization of public services,
such as ambulances. Based on these factors, the Finance Committee recommends that this article be postponed
indefinitely.

PLANNING BOARD DISCUSSION: The Planning Board voted 4-0 to send a favorable recommendation in
support of the substitute motion for this article. The Planning Board supports the idea of a specialized Senior
Housing Community for individuals sixty-two (62) years of age or older. This concept is consistent with the Master
Plan that Canton needs and should develop senior housing. The Planning Board was successful in reducing the
density in the by-law from one unit per two thousand five hundred (2,500) square feet of “buildable lot area” to
one unit per three thousand seven hundred fifty (3,750) square feet of “buildable lot area”. The proposed by-law
also seeks to satisfy Canton’s affordable housing guidelines by requiring that at least twelve percent (12%) of the
units shall be affordable units. In lieu of providing affordable units within a development, an applicant may choose
to make a cash contribution to the Town of Canton Community Preservation Committee, and such contributions
may only be used for purposes relating to the affordable housing component of the Community Preservation Act.
Ultimately, the zoning board of appeals shall make specific findings that there will be a benefit to the town's
housing objectives as a result of allowing cash contribution in lieu of inclusionary units.

APPROVED__________DISAPPROVED__________

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ANNUAL TOWN MEETING MAY 13, 2013

ARTICLE 17

AMEND ZONING MAP TO CREATE A SENIOR HOUSING OVERLAY DISTRICT (SHOD)
ARTICLE 17 To see if the Town will vote to amend the zoning map , as most recently amended, by placing a
parcel of land of not less than ten (10) contiguous acres of land fronting along Turnpike Street owned by AA Will
Sand & Gravel Corporation, being described as Assessors Map 80 , Lot 60 and 65, in the Senior Housing
Overlay District" ("SHOD" ) amended by vote of this Town Meeting warrant or to take any actions in relation
thereto. Said land is shown on a map attached hereto, copies of which have been placed on file and are available
for public review at the office of the Planning Board, at the office of the Town Clerk, and at the office of the Board
of Selectmen in Memorial Hall, at the research desk at the Canton Public Library, and on the town website.
Petition by for Attorney Richard R. Staiti and 20 others

FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 17 be indefinitely postponed.

FINANCE COMMITTEE VOTE: 7-0-0

PLANNING BOARD MOTION:
MOVED: That the Town’s Zoning Map , as most recently amended, be amended by placing a
parcel of land of approximately ten (10) contiguous acres fronting along Turnpike Street and
identified as Assessors Map 80 , Lots 60 and 65, in the Senior Housing Overlay District" ("SHOD" ).

PLANNING BOARD VOTE: 4-0-0

PLANNING BOARD DISCUSSION: The Planning Board voted 4-0 to send a favorable recommendation in
support of this article. In particular, this location is specifically identified in the Master Plan as a candidate for
residential development.

APPROVED__________DISAPPROVED__________

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ANNUAL TOWN MEETING MAY 13, 2013

ARTICLE 18

AMEND THE ZONING BY-LAWS SECTION 11 WITH THE FOLLOWING DEFINITIONS RELATING TO THE
SENIOR HOUSING OVERLAY DISTRICT (SHOD)
Article 18 To see if the Town will vote to amend the Zoning By-Law of the Town, as most recently amended, so
as to by inserting into Section 11 the following definitions as they relate to a proposed Senior Housing Overlay
District , and to make such changes in substantially the following form:

"SHOD 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), or a combination thereof. For such
independent living units, ancillary services may 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 may 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.

Open Space: Any such area of land containing no building, structure, or impervious surface material. In the event
natural materials (i.e. brick, stone, pavers, etc.) are used in the construction of walkways, courtyards, patios, etc.
the area of these surfaces can be credited towards the open space requirement.

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."

Copies of these amendments have been placed on file and are available for public review at the office of the
Planning Board; at the office of the Town Clerk; at the office of the Board of Selectmen; at the research desk of the
Canton Public Library; and on the town website or to take any other action in relation thereto.
Petition by for Attorney Richard R. Staiti and19 others

FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 18 be indefinitely postponed.

FINANCE COMMITTEE VOTE: 7-0-0

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ANNUAL TOWN MEETING MAY 13, 2013

PLANNING BOARD MOTION:
MOVED: That the Zoning By-Law of the Town, as most recently amended, be amended to insert
into Section 11 definitions of terms, as set forth in the Warrant, relating to the Senior Housing Overlay
District (SHOD).

PLANNING BOARD VOTE: 4-0-0

PLANNING BOARD DISCUSSION: The Planning Board voted 4-0 to send a favorable recommendation in
support of this article.

APPROVED__________DISAPPROVED__________

ARTICLE 19

AMEND ZONING BY-LAW BY ADDING “PRIORITY REVITALIZATION AREA C” TO SECTION 9.8 (CANTON
CENTER ECONOMIC OPPORTUNITY DISTRICT BY-LAW)
ARTICLE 19 To see if the Town will vote to amend the Zoning By-Law by adding a Priority Revitalization Area C
to Section 9.8 as follows:

Item 1. Delete Sections 9.8 and 9.8.1 and replace them with new Sections 9.8 and 9.8.1, as follows:
9.8 Canton Center Economic Opportunity District By-law (CCEOD)

9.8.1 Subdistricts. The CCEOD is divided into three separate and distinct subdistricts of Canton Center as
follows:
Priority Revitalization Area "A": That area of Canton Center that runs (1) along Washington Street from
Neponset Street to Sherman Street, a distance of approximately 2000 linear feet and (2) that area zoned
'Industrial" that runs along Pequit Street in the vicinity of Washington Street, to the Northern border of the
district.
Priority Revitalization Area "B": That area of Canton Center that runs (1) along Washington Street from
Sherman Street to Lewis Street, a distance of approximately 1000 linear feet, but excluding (2) that area of
land designated as "Industrial" that runs along Pequit Street in the vicinity of Washington Street to the
Northern border of the District.

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Priority Revitalization Area "C": That area of Canton Center that runs along Revere Street from the
boundary of Priority Revitalization Area "A" to the intersection of the railroad bridge/tracks and Revere Street,
a distance of approximately 2,900 linear feet.

Priority Revitalization Areas "A" and "B" are shown on a map entitled "Canton Center Economic Opportunity District
(Priority Revitalization Area "A" and Priority Revitalization Area "B")” prepared by the Canton Planning Department
and dated December 20, 2004.
Priority Revitalization Area "C" is shown on a map entitled "Canton Center Economic Opportunity District (Priority
Revitalization Area "C")” dated January 7, 2013, attached to this Article as Exhibit A.
The maps described immediately above are hereby incorporated by reference in this Section 9.8.

Item 2. Add the following new sections immediately after Section 9.8.33:
9.8.34 Priority Revitalization Area "C"; Purpose.
The benefits described in this Section 9.8.34 shall apply only to those parcels located entirely within the boundary
of the Priority Revitalization Area "C". Priority Revitalization Area "C" is established for the accomplishment of the
following purposes:
1. To promote the economic health and stability of the Town by encouraging development and economic
investment in Canton.
2. To provide additional planning flexibility for projects located in and near Canton Center, including enhancing
the coordination of the project with the environmental and natural features of the development site.
3. To permit mixed-use development, including but not limited to, Multi-family Dwellings, Senior Housing,
Nursing and Convalescent Homes, offices, retail shops.
4. To permit the use of new development standards, which will promote the desired changes in and near
Canton Center.
5. To enable the Special Permit Granting Authority (SPGA) to require adherence to "Site Development and Use
Plans" in the granting of a special permit.
6. To provide for development in a manner that strives to create a harmony between residential and non-
residential neighborhoods, protects existing abutting neighborhoods, and minimizes the development impact
on nearby neighborhoods, while striving to conserve and enhance environmental features, woodlands, wet
areas, the Canton River, open spaces and areas of scenic views, beauty, and vistas such as, for example, the
Viaduct.
9.8.35. Priority Revitalization Area ”C”; Definitions. For the special purposes of Priority Revitalization
Area “C”, the following words and phrases shall have the meaning hereinafter indicated.
Applicant: The person or legal entity that applies for issuance of a special permit for construction of a Project
to be developed pursuant to the Priority Revitalization Area “C” overlay regulations.

Buildable Lot Area: The area of a Lot excluding any land defined as a Resource Area.
Buildable Lot: A single contiguous tract of land including at least the minimum amount of Buildable Lot Area
required herein and located entirely within a Development Parcel and Priority Revitalization Area “C”.
Common Open Land: Any area of land containing no building, structure, parking areas, driveways or
roadways other than those structures and/or facilities which are used for recreational and/or community use
by the occupants of a Development Parcel.
Community Center: A building or portion thereof that provides a gathering place available to occupants of a
Development Parcel to meet.
Development Parcel: One or more Lots within Priority Revitalization Area “C" which are designated as a
Development Parcel on a Site Development and Use Plan. The Lots comprising a Development Parcel need not
be in the same ownership. Where the Development Parcel consists of more than a single Lot, the Lots, in
combination, shall be treated as the Development Parcel, may be contiguous or non-contiguous, and shall be
considered one Development Parcel.

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    Development Schedule: A schedule showing the order and timing of construction and the sequence of the
    improvements to be built or finished in the Priority Revitalization Area "C" Development Parcel, separated into
    stages where applicable.
    Lot: A single contiguous tract of land located entirely within a Development Parcel and Priority Revitalization
    Area “C”.
    Master Plan and Impact Plan and Report: A plan and report required to be prepared by an Applicant
    which is intended to provide an overview of the proposed development of a Development Parcel in order to
    reasonably allow an assessment by the SPGA of the probable municipal and environmental impacts of the
    overall development of the Development Parcel. In any Project for which an environmental impact report is
    required under Massachusetts General Laws c. 30, Sections 61-62H, the submission to the SPGA of a copy of
    such report shall satisfy this requirement as to environmental impacts, including without limitation, as to
    impact on water quality, pollution of groundwater, damage or threat to wetlands, flood plains, and plants and
    animals.
    Mixed-Use Development: A development that contains both residential and non-residential development.
    Nursing or Convalescent Home: A Nursing or Convalescent Home shall have the meaning as set forth in
    Section 11 of this Zoning By-law, it being deemed to include, without limitation, a skilled or intermediate care
    nursing facility or rest or convalescent home, as defined under Massachusetts General Laws c. 111 and an
    assisted living facility as defined under Massachusetts General Laws c. 19D.
    Project: A residential, commercial or mixed-use development for which a special permit is sought pursuant to
    the Priority Revitalization Area “C” overlay regulations and which is identified and described on a Site
    Development and Use Plan.
    Regulations: The applicable rules and regulations of the Board of Appeals relative to Special Permits and the
    rules, regulations, standards and criteria applicable to Projects within the Priority Revitalization Area “C”.
    Research & Development: A company that conducts research and development.
    Resource Area: All land subject to jurisdiction under 310 CMR 10.02(1)(a) and (b) (which shall in no event
    include land subject to flooding or riverfront area)
    Revere Street Sub-Area: The land area shown on Assessors Map 26, Lot 111 in Priority Revitalization Area
    “C”.
    Small-Scale Retail: Retail stores with a gross floor area of 10,000 square feet or less.
    Senior Housing: Housing facilities (including, without limitation, independent or congregate facilities)
    restricted for individuals fifty-five (55) years of age or older as allowed under Massachusetts General Laws c.
    151B or any other state or federal law.
    Site Development and Use Plan: A plan endorsed for approval by the SPGA for the development and use of
    a Project within a Development Parcel within the Priority Revitalization Area “C” pursuant to the special permit
    process for such Project.
    Upland Acres: Land area not in a Resource Area.
    All words and phrases used in Sections 9.8. 34 through 9.8.47 and not defined in the provisions of this Zoning
    By-law related to the Priority Revitalization Area “C” shall have the meanings ascribed to them elsewhere in
    this Zoning By-law.
9.8.36   Priority Revitalization Area "C"; Master Plan and Report.
In addition to the requirements of Section 10.4 of the Zoning By-law for submission of a special permit application,
the Applicant will prepare a Master Plan and Impact Plan and Report addressing environmental issues, including
without limitation water quality, pollution of groundwater, damage, or threat to wetlands, flood plains, and plants
and animals and the municipal impacts associated with the Project. The Applicant will also prepare a Site Plan in
conformity with the SPGA rules governing special permits, a Site Development and Use Plan which shall be
endorsed for approval by the SPGA, and a Development Schedule.


9.8.37 Priority Revitalization Area "C"; Scope of Authority
The provisions related to the Priority Revitalization Area “C” shall not restrict the landowner's rights relative to the
underlying zoning district in which said land lies and a landowner shall have the right to obtain approvals for a
project based on the requirements of such underlying zoning district without regard to the special provisions
applicable to the Priority Revitalization Area “C” overlay. However, if the landowner elects to apply for a special
permit as a Project under the provisions hereof applicable to Priority Revitalization Area "C', the development shall
conform to the requirements for the issuance of any such special permit applicable thereto under these overlay
provisions.




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If the landowner elects to pursue a development plan in conformance with the requirements applicable to Priority
Revitalization Area "C" on a portion of a single contiguous tract of land the entire contiguous tract of land shall
conform to the objectives, standards, and criteria specified for a Project within the Priority Revitalization Area “C”
and the landowner shall be prohibited from filing a development plan in conformance with the requirements of the
underlying zoning district on any portion of such a contiguous tract of land.
9.8.38 Priority Revitalization Area "C"; Special Permit Granting Authority
The Board of Appeals is hereby designated as the Special Permit Granting Authority (SPGA) for all purposes with
respect to Projects within the Priority Revitalization Area “C”. All special permit applications for Projects within
Priority Revitalization Area “C” shall conform to the standards and criteria set forth herein with respect to Priority
Revitalization Area “C” and the Board of Appeals’ Rules and Regulations governing the administration of
applications for special permits.
In addition to determining that the criteria for grant of a special permit stated in Section 10.4.2 of this Zoning By-
law have been satisfied, the SPGA shall grant a special permit pursuant to the provisions hereof applicable to
Projects within the Priority Revitalization Area "C" only if the SPGA finds that the adverse impacts of the Project will
be outweighed by the mitigation to be provided by the Applicant, including without limitation any mitigation and/or
other benefits to be provided to the Town by the Applicant pursuant to any development agreement between the
Applicant and the Town.

As to any Project pursued under the provisions applicable to the Priority Revitalization Area "C" overlay hereunder,
no building shall be constructed or externally enlarged, and no use shall be expanded in ground area, or
established in an existing building except in conformity with a Site Development and Use Plan that bears the
endorsement of approval by the SPGA. Requirements and Procedures for approval shall be in accordance with Sec.
6.6 of this Zoning By-law (“Performance Standards”).
In the event of damage or destruction to any buildings or structures originally constructed pursuant to a special
permit and Site Development and Use Plan issued hereunder, such buildings and structures may be rebuilt and
restored consistent with the original special permit and Site Development and Use Plan without the requirement of
obtaining a new special permit or Site Development and Use Plan from the SPGA.
The SPGA may require issuance of a reasonable bond as a guaranty for any open space and recreation
improvements required by the approved Site Development and Use Plan.
The SPGA is authorized to issue a special permit hereunder in which it may modify and/or waive any of the
Regulations applicable to any Project in Priority Revitalization Area “C” with the exception of those relative to use
and dimensions, upon making a finding that such waiver shall better serve the purposes of the Priority
Revitalization Area C”.
9.8.39 Priority Revitalization Area “C”; Uses Permitted by Special Permit.
Within Priority Revitalization Area “C”, the SPGA may issue a special permit for the following uses:
A. Residential Uses, including, but not necessarily limited to, the following:
1. Multi-family Dwellings, whether for sale or for lease, including, without limitation, Townhouse style
dwellings and ancillary facilities and amenities.

2. Senior Housing and ancillary facilities and amenities.

3. Nursing and Convalescent Homes and ancillary facilities and amenities.

4. Accessory structure (whether at, below or above grade) and surface parking.

5. All other residential uses allowed by right or by special permit in the underlying zoning district.

B. Non-Residential Uses, including, but not necessarily limited to, the following:
1. Small-scale retail stores.

2. Offices including salesrooms and showrooms, consumer service establishments, business and
professional offices, executive and administrative offices, banks and other institutions.

3. A restaurant with the conditions that any bar or cocktail lounge be located within the restaurant and
shall be solely for the purpose of servicing luncheon or dinner customers and not to comprise more
than twenty-five percent (25%) of the floor area of the restaurant.

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         4.    Bank or similar financial institution, including drive-through facilities.

         5.    Research & Development.

         6.    Accessory structure (whether at, below or above grade) and surface parking.

         7.    All uses allowed by right or by special permit in the underlying zoning district.

    C. The following uses are specifically excluded within Priority Revitalization Area “C”:
         1.    Fast food establishments.

         2.    Drive-through for the sale of food. Any other drive-through, with the exception of banks and financial
               institutions noted above, shall require a separate special permit from the SPGA in addition to the
               special permit for the Priority Revitalization Area "C".

    D. For Projects developed in the Priority Revitalization Area “C” there shall be no non-resident deliveries or
    shipments between 10 pm and 7:00 a.m. Monday through Friday; and there shall be no non-resident
    deliveries or shipments between 10 pm and 8:00 a.m. on weekends.
    No building or structure developed in the Priority Revitalization Area “C” under the provisions of this overlay
    (as opposed to the provisions of the underlying zoning district) shall be designed, arranged or constructed and
    no building, structure or land shall be used, in whole or in part, for any purpose other than for one or more of
    the uses herein set forth as permissible by special permit.


9.8.40 Priority Revitalization Area “C”; Standards and Criteria.
    A.        Minimum Development Size
         1.    Lot Requirements:

                             a. The minimum Lot size is 10,000 sq. ft. of Buildable Lot Area.

                              b. No portion of a public way or public street, as defined by this Zoning By-law may be
                             included in computing the minimum required Buildable Lot Area.

         2.    Development Parcel Requirements:

                             a. The minimum Development Parcel size is twenty-five (25) acres of Buildable Lot Area,
                             except that in the Revere Street Sub-Area the minimum Development Parcel size is two
                             (2) acres of Buildable Lot Area.

                              b. No portion of a public way or public street, as defined by this Zoning By-law may be
                             included in computing the minimum required Buildable Lot Area.

    B. Building Coverage:
               Development Parcel Requirements:

               No building shall be constructed so as to cover, together with any other building on the Development
               Parcel, more than thirty percent (30%) of the Buildable Lot Area.

    C. Minimum Frontage and Access:
               Development Parcel Requirements:

               a. Each Development Parcel shall have a minimum frontage of two hundred and fifty (250) feet on a
               street and at least two means of ingress/egress.

               b. Each means of required ingress/egress shall have a paved width of no less than twenty-four (24)
               feet.

9.8.41 Priority Revitalization Area “C”; Density




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As to a Project within the Priority Revitalization Area “C”, no building or structure shall be designed, arranged or
constructed and no building, structure or land shall be used, in whole or in part, which exceeds the densities
specified below for residential and non-residential uses. Further, the intent of the allowable densities in this Section
9.8.41 is to provide flexibility for Projects. The specified densities are maximums for each individual type of use as
if only that use is being proposed. Where a Project includes a mix of uses, the maximum specified densities cannot
be aggregated.

A. Residential Uses
Maximum permissible densities are as follows:

1. Multi-family Dwellings including, without limitation, Townhouse style dwellings and ancillary facilities
and amenities:

One dwelling unit per 2,600 square feet of Buildable Lot Area or portion thereof.
2. Senior Housing and ancillary facilities and amenities:
One dwelling unit per 2,600 square feet of Buildable Lot Area or portion thereof.
3. Nursing and Convalescent Home and ancillary facilities and amenities:
One sleeping room per 1,200 square feet
4. To the extent at least twenty percent (20%) of the total residential units in a Project are Senior
Housing units, Nursing Home or Convalescent Home sleeping rooms, the density for the uses in the
Project may be increased by up to 16% from that otherwise permitted in this Zoning By-law.
B. Non-Residential Uses
Maximum permissible density is as follows:

Five thousand (5,000) gross square feet-of non-residential floor area per 10,000 square feet of Buildable
Lot Area or portion thereof.
For the purpose of this section, "gross square feet of non-residential floor area" means the total non-
residential floor area contained within exterior walls but does not include basement or space used for
heating and utilities or other mechanical uses for the building, storage or for automobile parking.

9.8.42 Priority Revitalization Area “C”; Setbacks and Yard Regulations for Buildings.
For Projects within Priority Revitalization Area “C”; no building shall be constructed so as to be nearer to any Lot
line than as specified below:
A. Development Parcel
Each Development Parcel shall have a front yard setback distance of not less than twenty (20) feet and a side yard
setback of not less than fifteen (15) feet from the nearest point of any exterior wall of a building, except that if the
side yard abuts a residential district or a building used primarily for residential purposes, a side yard setback of not
less than twenty (20) feet from the nearest point of any exterior wall of the building is required; and except that if
the side yard abuts land owned by the Town, or the Canton River Dam Diversion Channel, or the Plymouth Rubber
Company triple drainage culvert, such side yard shall not be required to be more than five (5) feet.

1. Each Development Parcel shall have a rear yard setback of not less than twenty-five (25) feet,
except that if the rear yard abuts land owned by the Town, or the Canton River Dam Diversion
Channel, or the Plymouth Rubber Company triple drainage culvert, such rear yard shall not be
required to be more than five (5) feet.

B. Buildable Lot
Each Lot shall have a setback distance of not less than fifteen (15) feet from the nearest point of
any exterior wall of the building to any non-permeable surface including but not limited to public
ways or private ways, but excluding driveways, walkways, or parking areas. No part of any
building shall be located less than fifteen (15) feet from any front, side or rear lot line, except
that if a front, side or rear yard abuts land owned by the Town, or the Canton River dam

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diversion channel, or the Plymouth Rubber drainage triple drainage culvert, such front, side or
rear yard shall not be required to be more than five (5) feet.

C. Additional Setback Regulations

a. The SPGA may reduce the setback distance where appropriate because of specific physical
circumstances, such as irregular lot lines or other natural features that create open space or
buffers.

b. No storage or display of goods, products, materials or equipment, vending machines or similar
commercial devices shall be allowed within the required front or side yard setback.

c. No Lot on which a building is located shall be reduced or changed in size or shape so that the
building or Lot fails to comply with the Buildable Lot Area, frontage, building coverage, yard
setback, or other dimensional provisions, of this Section.
d.
9.8.43 Priority Revitalization Area “C”; Height Regulations.
No building in a Project within the Priority Revitalization Area “C” shall be constructed to exceed a total of four (4)
stories, not including the basement or parking areas under the building.

9.8.44 Common Open Land, Community Center.

A. Common Open Land:
Except for a Project within the Revere Street Sub-Area, each Project undertaken pursuant to the Priority
Revitalization Area “C” overlay regulations shall have a minimum of twenty-five percent (25%) of its
Buildable Lot Area within the Development Parcel designated as Common Open Land for use by the
occupants of the Development Parcel.

B. Community Center:
Except for a Project within the Revere Street Sub-Area, as part of a Site Development and Use Plan, a
Project undertaken pursuant to the Priority Revitalization Area “C” overlay regulations shall have a
Community Center for use by the occupants of the Development Parcel.
C. Public Access:
Except for a Project within the Revere Street Sub-Area, as part of a Site Development and Use Plan, a
Project undertaken pursuant to the Priority Revitalization Area “C” overlay regulations shall provide
pedestrian access walkways to and from natural resource areas within the Development Parcel within an
area or areas to be designated by the Applicant and shown on the Site Development and Use Plan.

9.8.45 Priority Revitalization Area “C”; Parking and Loading Requirements.
For each Project undertaken pursuant to the Priority Revitalization Area “C” overlay regulations there shall be
provided and maintained improved off-street automobile parking in connection with the erection, establishment or
increase in units or dimensions of buildings, structures and uses, in the following amounts:
A. For dwelling units: 1.5 parking spaces per each dwelling unit, except for Senior Housing units
which require 1 parking space per unit.

B. For Nursing and Convalescent Homes: one (1) parking space for every three (3) sleeping rooms.

C. For restaurants and other on premises eating and drinking establishments: not less than one (1)
parking space for each three (3) seats, plus one (l) parking space for every three (3) employees
on the largest shift, subject to the discretion of the SPGA to allow less parking spaces. Where
benches are used, not less than one (1) parking space for each six (6) feet of bench, subject to
the discretion of the SPGA to allow less parking spaces.

D. For retail stores and offices including salesrooms and showrooms, consumer service
establishments, public administration buildings, business and professional offices, executive and
administrative offices, banks and other financial institutions: one (1) parking space for each two
hundred fifty (250) square feet of gross floor area. For the purpose of this section, "gross floor
area" means the total floor area contained within exterior walls, but does not include basement

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space or space used for heating and utilities or other mechanical equipment, storage or for
automobile parking.

E. Uses not listed in this Section 9.8.45 Parking Requirements, Subsections (A), (B), (C) or (D) shall
comply with the parking space requirements of the Zoning By-law Section 4.0 Off-Street Parking.

F. In the case of mixed-use projects, the parking spaces required shall be the sum of the
requirements for the various individual uses, computed separately in accordance with this
section. Parking spaces for one use shall not be considered as providing the required parking
spaces for any other use unless it can be clearly demonstrated to the SPGA that the need for
parking occurs at different times.

G. Off-street automobile parking spaces, to the extent required in this section, may be provided
either on the same Lot or premises with the parking generator or on any Lot or premises under
common ownership or control a substantial portion of which must be within three hundred (300)
feet of the generator.

H. Off-street parking facilities and connecting drives between such facilities and the street shall be
designed to insure the safety and convenience of persons traveling within or through the parking
area, and between the parking facility and the street. The provisions of Section 6.6 of this Zoning
By-law (“Performance Standards”) Design Standards shall be considered the minimum criteria for
evaluating such design.

I. In addition to the requirements for automobile parking spaces there shall also be provided for
each building or group of buildings sufficient off-street loading space to insure that all loading
operations take place off of the public way. Loading spaces and access drives leading to loading
spaces shall be so designed that vehicles to be loaded or unloaded are not required to maneuver
in the public way to enter or leave the designated loading area. The provisions of Section 6.6 of
this Zoning By-law (Loading Areas) shall be considered the minimum criteria for evaluating such
design.

9.8.46 Priority Revitalization Area “C”; Signs.
The provisions of Section 4.1 of this Zoning By-law (Signs and Advertising devices) is hereby adopted for the
regulation and restriction of billboards, signs and other advertising devices within Priority Revitalization Area "C".

9.8.47 Priority Revitalization Area “C”; Certified Acoustical Barriers.
Except for demolition, renovation or repair of existing buildings and structures and construction new buildings and
structures, no activity or use within a Development Parcel developed pursuant to the Priority Revitalization Area “C”
overlay regulations shall be allowed which causes exterior noise levels to exceed a day-night average sound level
of 65 decibels (65 L dn) at the Lot line; no dwelling unit shall be located where exterior noise levels exceed a day-
night average sound level of 65 decibels (65 L dn); and no dwelling unit shall be constructed which allows interior
noise levels to exceed a day-night average sound level of 45 decibels (45 L dn). The day-night average sound level
(L dn) is the 24-hour average sound level, in decibels, resulting from the accumulation of noise from all sources
contributing to the external noise environment of the site with 10 decibels added to sound levels occurring from
10:00 AM to 7:00 PM. The day-night average sound level (L dn) shall be determined in accordance with The Code
of Federal Regulations, Title 24-Housing and Urban Development, Part 51 Environmental Criteria and Standards
(24 CFR 51).
Petition by for Attorney Paul Schneiders and 14 others

FINANCE COMMITTEE MOTION:
MOVED: That the Finance Committee recommends that the motion presented by the Planning
Board to Town Meeting be adopted.

FINANCE COMMITTEE VOTE: 7-0-0

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PLANNING BOARD MOTION:
MOVED:      That the subject matter of Article 19 be indefinitely postponed.


                                        PLANNING BOARD VOTE:            4-0-0


FINANCE COMMITTEE DISCUSSION:             The Finance Committee recommends that the motion presented by the
Planning Board to Town Meeting be adopted.


PLANNING BOARD DISCUSSION: The Planning Board voted 4-0 to send a recommendation that this matter be
postponed indefinitely.


                              APPROVED__________DISAPPROVED__________




                                                   ARTICLE 20

AMEND ZONING MAP BY PLACING PARCELS ALONG REVERE STREET AND NEPONSET STREET IN THE
CANTON CENTER ECONOMIC OPPORTUNITY DISTRICT (PRIORITY REVITALIZATION AREA “C”)
Article 20 To see if the Town will vote to amend the Town’s Zoning Map, as most recently amended, by placing
parcels of land located along Revere Street and Neponset Street within the Canton Center Economic Opportunity
District (Priority Revitalization Area “C”) and the Revere Street Sub-Area, as established by vote under Article 19 of
this Town Meeting Warrant or take any other action in relation thereto.

Said parcels of land are described in the Board of Assessor’s Maps on Map 26 as Lots 94, 95, 96, 97, 98, 99, 100,
101, 102, 103, 104, 105, 87, 88, 89, 90, 91, 92, 93, 222, and 111; and on Map 14 as Lots 120, 121, 122, 123,
124, 125, 126, 127, 128, 129, 130, 131 and 132; and on Map 15 as Lots 80, 81, 82, 83, 84, 85 and 86.

        The parcel of land shown on Map 26 as Lot 111 constitutes the Revere Street Sub Area.
Petition by for Attorney Paul Schneiders and 14 others



FINANCE COMMITTEE MOTION:
MOVED:        That the Finance Committee recommends that the motion presented by the Planning
Board to Town Meeting be adopted.

                                      FINANCE COMMITTEE VOTE:             7-0-0



PLANNING BOARD MOTION:
MOVED:      That the subject matter of Article 20 be indefinitely postponed.

                                        PLANNING BOARD VOTE:            4-0-0


FINANCE COMMITTEE DISCUSSION:                 The most significant property to be affected by this article (and Article
19) is the Plymouth rubber property. This site is heavily polluted and will be costly to remediate for a mixed use
development, which is the present intent of the proponents. Since the Finance Committee believes that the subject
matter of Article 20 will be withdrawn at Town Meeting, it fully supports the motion of the Planning Board to
postpone this matter indefinitely, while the proponents complete work on their proposed use of the property.


PLANNING BOARD DISCUSSION: The Planning Board voted 4-0 to send a recommendation that this matter be
postponed indefinitely.


                              APPROVED__________DISAPPROVED__________




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                                                 ARTICLE 21

AMEND ZONING MAP BY CHANGING DESIGNATION OF PORTION OF LAND (APPROX. 0.14 ACRES) ON
ROYAL LANE FROM SINGLE RESIDENCE AA TO LIMITED INDUSTRIAL
Article 21      To see if the Town will vote to amend the town’s zoning map, as most recently amended, by
changing the designation of a portion of land, approximately 1.4 acres in size, located on Royal Lane from Single
Residence AA to Limited Industrial. Said parcel is shown on a plan of land entitled. “Plan of Land, Canton,
Massachusetts”, dated April 23, 1968 (revised October 17, 1968), Harry R. Feldman, Inc., Surveyors, recorded
with the Norfolk Registry of Deeds Plan Book 225, Plan 904, and bounded and described according to said Plan as
follows:
EASTERLY and SOUTHEASTERLY:                         by the center line of Royal Lane approximately three hundred
                                                    thirteen (313) feet

SOUTHWESTERLY:                                      by a line across the end of Royal Lane twenty (20) feet;

NORTHWESTERLY and WESTERLY:                         by the side of Royal Lane two hundred eighty-one and 06/100
                                                    (281.06) feet; and

NORTHERLY:                                          by Royall Street twenty (20) feet.

or take any other action in relation thereto.
Petition by for Attorney Paul Schneiders and 12 others


FINANCE COMMITTEE MOTION:
MOVED:        That the Finance Committee recommends that the motion presented by the Planning
Board to Town Meeting be adopted.


                                    FINANCE COMMITTEE VOTE:            7-0-0


PLANNING BOARD MOTION:
MOVED:          That the Town’s Zoning Map, as most recently amended, be amended by changing the
designation of a portion of land, approximately 0.14 acres in size, located on Royal Lane from Single
Residence AA to Limited Industrial. Said parcel is shown on a plan of land entitled. “Plan of Land,
Canton, Massachusetts”, dated April 23, 1968 (revised October 17, 1968), Harry R. Feldman, Inc.,
Surveyors, recorded with the Norfolk Registry of Deeds Plan Book 225, Plan 904, and bounded and
described according to said Plan as follows:

EASTERLY and SOUTHEASTERLY:           by the center line of Royal Lane approximately three hundred
thirteen (313) feet

SOUTHWESTERLY: by a line across the end of Royal Lane twenty (20) feet;

NORTHWESTERLY and WESTERLY:             by the side of Royal Lane two hundred eighty-one and 06/100
(281.06) feet; and

NORTHERLY:       by Royall Street twenty (20) feet.


                                      PLANNING BOARD VOTE:           4-0-0



FINANCE COMMITTEE DISCUSSION:                The Finance Committee recommends that the motion presented by the
Planning Board to Town Meeting be adopted. Changing this zoning from Single Residence AA to Limited Industrial
will likely mean an increase in property taxes collected and is therefore beneficial to the town.



PLANNING BOARD DISCUSSION:                  The Planning Board voted 4-0 to send a favorable recommendation in
support of this article. This parcel is owned by Boston Mutual Insurance Company. It is zoned as Residential,
however two large parcels – owned by Boston Mutual and Reebok- on each side are zoned Limited Industrial. The




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ANNUAL TOWN MEETING MAY 13, 2013

owner wishes to change the zoning from Residential to Limited Industrial. If the parcel is rezoned, the parcel will
be taxed at the commercial rate which is twice the residential rate.

APPROVED__________DISAPPROVED__________

ARTICLE 22

AMEND ZONING MAP BY CHANGING DESIGNATION OF PORTION OF LAND (APPROX. 1.1 ACRES) ON
ROYAL LANE FROM SINGLE RESIDENCE AA TO LIMITED INDUSTRIAL
Article 22 To see if the Town will vote to amend the town’s zoning map, as most recently amended, by
changing the designation of a portion of land, approximately 1.1 acre in size, located on Royal Lane described on
Board of Assessors Map 69, Lot 002 from Single Residence AA to Limited Industrial or take any other action in
relation thereto.
Petition by for Attorney Paul Schneiders and 14 others

FINANCE COMMITTEE MOTION:
MOVED: That the Finance Committee recommends that the motion presented by the Planning
Board to Town Meeting be adopted.

FINANCE COMMITTEE VOTE: 7-0-0

PLANNING BOARD MOTION:
MOVED: That the Town’s Zoning Map, as most recently amended, be amended by changing the
designation of a parcel of land, approximately 1.1 acre in size, located on Royal Lane identified as
Board of Assessors Map 69, Lot 002 from Single Residence AA to Limited Industrial.

PLANNING BOARD VOTE: 4-0-0

FINANCE COMMITTEE DISCUSSION: The Finance Committee recommends that the motion presented by the
Planning Board to Town Meeting be adopted. Changing this zoning from Single Residence AA to Limited Industrial
will likely mean an increase in property taxes collected and is therefore beneficial to the town.

PLANNING BOARD DISCUSSION: The Planning Board voted 4-0 to send a favorable recommendation in
support of this article. This small parcel is owned by Boston Mutual Insurance Company. It is zoned as Residential,
however two large parcels – owned by Boston Mutual and Reebok- on each side are zoned Limited Industrial. The
owner wishes to change the zoning from Residential to Limited Industrial. If the parcel is rezoned, the parcel will be
taxed at the commercial rate which is twice the residential rate.

APPROVED__________DISAPPROVED__________

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                                                  ARTICLE 23

AMEND ZONING BY-LAW TABLE OF USE REGULATIONS – SECTION I – BY CHANGING “N” TO “BA”
Article 23     To see if the Town will vote to amend Section I of the Table of Use Regulations by changing “N” to
“BA” for light manufacturing in the Business District; or take any other action in relation thereto.
Petition by for Attorney Paul Schneiders and 14 others



FINANCE COMMITTEE MOTION:
MOVED:      That the subject matter of Article 23 be indefinitely postponed.


                                     FINANCE COMMITTEE VOTE:           6-1-0


FINANCE COMMITTEE DISCUSSION:                The majority of the Finance Committee voted to indefinitely postpone
this motion. In the Zoning By-law Table of Use, an N represents a prohibited activity; while BA represents an
activity permitted by a special permit granted by the Zoning Board of Appeals. Specifically, the sponsor feels that
light manufacturing should be allowed by special permit within a business district. There are several Business
Districts within the Town. These include parts of Turnpike Street as well as the Downtown area from Sherman
Street (the Library area) to Neponset Street. The sponsor of this article would like the permitted use for a client
of his on Turnpike Street. However this change, if voted, could then be automatically applied to the downtown
business district allowing manufacturing to occur in the area. The majority of the Finance Committee felt this was
not in the best interest of the Town and voted to recommend postponing any action on this motion.

PLANNING BOARD DISCUSSION:                  The Board voted two in favor of this Article and two opposed to this
Article which would amend the Zoning By-law. A majority of three votes being required, the Planning Board does
not provide a recommendation on this Article.



                             APPROVED__________DISAPPROVED__________




                                                  ARTICLE 24

AMEND ZONING BY-LAWS SECTION 11.0 – DEFINITIONS - “TRADE SHOP”
Article 24 To see if the Town will vote to amend the definition of “Trade Shop” in Section 11.0 (“Definitions”) of
the zoning by-laws by changing “five thousand (5,000) square feet” to “ten thousand (10,000) square feet,” or
take any other action in relation thereto.
 Petition by for Attorney Paul Schneiders and 14 others

FINANCE COMMITTEE MOTION:
MOVED:        That the Zoning By-law, Section 11.0 (“Definitions”), definition of “Trade Shop” be
amended by changing “five thousand (5,000) square feet” to “ten thousand (10,000) square feet.”


                                     FINANCE COMMITTEE VOTE:           5-1-0


FINANCE COMMITTEE DISCUSSION:                The Finance Committee supports this article which will allow a
tradesman the right to have a total of 10,000 square feet of floor area for work or storage. Increasing the floor
area will not only benefit the individual tradesman and consumer, but could also make properties in the Town’s
business districts more useable; resulting in increased sales and tax revenues. In addition, no new use was being
added to the business district, just enhancement to the space.




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PLANNING BOARD DISCUSSION: The Planning Board voted two in favor of this Article and two opposed to this
Article which would amend the Zoning By-law. A majority of three votes being required, the Planning Board does
not provide a recommendation on this Article.



                             APPROVED__________DISAPPROVED__________




                                                  ARTICLE 25

AMEND ZONING MAP BY CHANGING DESIGNATION OF PORTION OF LAND (APPROXIMATELY 1.7
ACRES) ON ROYAL LANE FROM SINGLE RESIDENCE AA TO LIMITED INDUSTRIAL
Article 25 To see if the Town will vote to amend the town’s zoning map, as most recently amended, by changing
the designation of a portion of land, approximately 1.7 acres in size, located on Royal Lane described on Board of
Assessors Map 69, Lot 001 from Single Residence AA to Limited Industrial or take any other action in relation
thereto.
Petition by for Attorney Paul Schneiders and 12 others


FINANCE COMMITTEE MOTION:
MOVED:        That the Finance Committee recommends that the motion presented by the Planning
Board to Town Meeting be adopted.

                                     FINANCE COMMITTEE VOTE:           7-0-0



PLANNING BOARD MOTION:
MOVED:          That the Town’s Zoning Map, as most recently amended, be amended by changing the
designation of a parcel of land, approximately 1.7 acres in size, located on Royal Lane and identified as
Board of Assessors Map 69, Lot 001 from Single Residence AA to Limited Industrial.

                                      PLANNING BOARD VOTE:           4-0-0



FINANCE COMMITTEE DISCUSSION:                The Finance Committee recommends that the motion presented by the
Planning Board to Town Meeting be adopted. Changing this zoning from Single Residence AA to Limited Industrial
will likely mean an increase in property taxes collected and is therefore beneficial to the town.



PLANNING BOARD DISCUSSION:                  The Planning Board voted 4-0 to send a favorable recommendation in
support of this article. This parcel is owned by Boston Mutual Insurance Company. It is zoned as Residential,
however two large parcels – owned by Boston Mutual and Reebok on each side are zoned Limited Industrial. The
owner wishes to change the zoning from Residential to Limited Industrial. If the parcel is rezoned, the parcel will
be taxed at the commercial rate which is twice the residential rate.



                             APPROVED__________DISAPPROVED__________




                                                  ARTICLE 26

COMMUNITY PRESERVATION COMMITTEE RECOMMENDATION FOR ADMINISRATIVE AND OPERATING
EXPENSES
Article 26       To see if the Town will vote, as recommended by the Community Preservation Committee, to
appropriate Twenty Thousand Dollars ($20,000) from the Community Preservation Fund for administrative and
operating expenses of the Community Preservation Committee to the extent such appropriations do not exceed five
percent of the annual revenues in the Community Preservation Fund; or to take any action related thereto.



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ANNUAL TOWN MEETING MAY 13, 2013


Board of Selectmen for the Community Preservation Committee

MOVED:         That Twenty Thousand Dollars ($20,000) be appropriated in Fiscal Year 2014 from the
Community Preservation Fund for administrative and operating expenses of the Community
Preservation Committee, except that if such appropriation would exceed five percent of the annual
revenues in the Community Preservation Fund, then such appropriation shall equal five percent of the
annual revenues in the Community Preservation Fund.


                                    FINANCE COMMITTEE VOTE:            6-0-0


DISCUSSION: The Finance Committee supports the Community Preservation Committee’s request to
appropriate $20,000 from the Community Preservation Fund for administrative and operating expenses of the
Community Preservation Committee. Under the Community Preservation Act, the town may appropriate up to five
percent of the funds collected through the Community Preservation surcharge for administration and operating
expenses. The monies can be used by the Community Preservation Committee for administrative help, appraisals,
consultants, and other expenses. The sum of $20,000 is based on the estimated receipts.



                             APPROVED__________DISAPPROVED__________




                                                 ARTICLE 27

COMMUNITY PRESERVATION EXEMPTION FOR COMMERCIAL/INDUSTRIAL PROPERTY EXCLUDING
$100,000.
Article 27 To see if the Town will vote to amend the adopted provisions of Massachusetts General Laws Chapter
44B, Section 3(e) by adopting exemption (4), exempting $100,000 of the value of each taxable parcel of class
three, commercial property, and class four, industrial property as defined in section 2A of Chapter 59 of the
Massachusetts General Laws, provided that the adoption of such exemption also be submitted to the voters of the
Town as a ballot question at the next regular Town or state election and accepted by a majority of the voters as
required by the Community Preservation Act; or to take any action related thereto.
Board of Selectmen for the Community Preservation Committee


MOVED:          That M.G.L. Chapter 44B, as accepted by the Town, be amended by adopting Section
3(e) exemption (4), exempting $100,000 of the value of each taxable parcel of class three, commercial
property, and class four, industrial property as defined in M.G.L. c. 59, § 2A after the adoption of such
exemption by the voters of the Town at the next regular Town or state election, and further that a
question be placed on the ballot for the next regular Town or state election for acceptance by the
voters as required by the Community Preservation Act.


                                    FINANCE COMMITTEE VOTE:            6-0-0


DISCUSSION: This article would be the first step toward providing an exemption from the Community
Preservation Act surcharge for the first $100,000 in commercial and industrial property value. There is already an
exemption for the first $100,000 in value for residential property. The commercial and industrial exemption was
not available when the Community Preservation Act was petitioned to be placed on the ballot last year and
therefore could not be acted upon until this Town Meeting. If approved by Town Meeting, the exemption must also
be approved by a ballot vote. The exemption would mean a decrease of about $13,000 annually in Community
Preservation funds. The Finance Committee agrees with the Community Preservation Committee that this
exemption is an important step in partnering with our business community.


                             APPROVED__________DISAPPROVED__________




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                                                    ARTICLE 28

ACCEPT FUNDS HELD IN ESCROW REGARDING KNOB HILL
Article 28       To see if the Town will vote to accept and appropriate funds held in escrow as surety for
the construction of ways and installation of municipal services at Knob Hill; to transfer such funds to the Town of
Canton Planning Board for the Planning Board to implement and oversee such construction of ways and installation
of municipal services at Knob Hill and the completion of any related work, grading and other improvements
thereat; or to take any other action related thereto.
Board of Selectmen for the Planning Board


FINANCE COMMITTEE MOTION:
MOVED:        That the Finance Committee recommends that the motion presented by the Planning
Board to Town Meeting be adopted.


                                      FINANCE COMMITTEE VOTE:             7-0-0



PLANNING BOARD MOTION:
MOVED:           To accept and appropriate certain funds totaling approximately One Hundred Eleven
Thousand Dollars ($111,000) that are held in escrow as surety for the construction of ways and
installation of municipal services at the Knob Hill subdivision and to transfer such funds to the Town of
Canton Planning Board to implement and oversee such construction of ways and installation of
municipal services and the completion of any related work, grading and other improvements.


                                        PLANNING BOARD VOTE:            4-0-0


FINANCE COMMITTEE DISCUSSION:               The Finance Committee voted unanimously to recommend to the Town
that they accept the transfer of these funds for appropriation to complete the streets and roadways of Knob Hill.
With a positive vote on this the Town will use about $111,000 held in escrow and appropriate this money to
enhance the streets and sidewalks of Knob Hill to meet Americans with Disabilities Act and other Town codes
before accepting those roads as Town streets. Betterments will be used to cover any additional costs to meet, in a
reasonable way, this goal.

PLANNING BOARD DISCUSSION:                   The Planning Board supports the adoption of Article 28.



                              APPROVED__________DISAPPROVED__________




                                                    ARTICLE 29

AMEND GENERAL BY-LAWS ARTICLE III, SECTION 3.l – TIMING OF FILING OF ZONING AND NON-
ZONING ARTICLES
Article 29   To see if the Town will vote to amend the General By-laws, Article III, Section 3.1 as follows, or to
take any other action related thereto:

By deleting the first paragraph of Section 3.1 A. and replacing it with the following:

    A.   Warrant Articles to Adopt or Amend Zoning By-Laws

All subject matter seeking to adopt or amend zoning by-laws which is submitted for consideration as articles for
insertion in the warrant for the annual town meeting (the “zoning articles”) shall be filed in the office of the Board
of Selectmen prior to twelve o'clock (12:00) noon on or about the one hundred and twentieth (120th) day
preceding the date on which the opening session of said meeting is to be held. On or about the said one hundred
and twentieth (120th) day preceding the date on which the opening session of said meeting is to be held, the
warrant shall be closed as to zoning articles, and as soon as practicable thereafter a listing of all proposed warrant



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zoning articles which were received on or about the said one hundred and twentieth (120th) day preceding said
scheduled date shall be prepared and signed by the Board of Selectmen. The said listing shall, forthwith, be
submitted to the town counsel for review and formatting.

And by deleting the first paragraph of Section 3.1 B. and replacing it with the following:

     B.   All Other Warrant Articles

All subject matter seeking other than to adopt or amend zoning by-laws which is submitted for consideration as
articles for insertion in the warrant for the annual town meeting (the “non-zoning articles”) shall be filed in the
office of the Board of Selectmen prior to twelve o'clock (12:00) noon on or about the one hundred and twentieth
(120th) day preceding the date on which the opening session of said meeting is to be held. On or about the said
one hundred and twentieth (120th) day preceding the date on which the opening session of said meeting is to be
held, the warrant shall be closed as to non-zoning articles, and as soon as practicable thereafter a listing of all
proposed warrant non-zoning articles which were received on or about the said one hundred and twentieth day
preceding said scheduled date shall be prepared and signed by the Board of Selectmen. The said listing shall,
forthwith, be submitted to the town counsel for review and formatting.
Board of Selectmen


MOVED:         That the General By-Laws of the Town, Article III, Section 3.1 be amended by deleting
the first paragraph of Section 3.1 A. and replacing it with the following:

Warrant Articles to Adopt or Amend Zoning By-Laws

All subject matter seeking to adopt or amend zoning by-laws which is submitted for consideration as
articles for insertion in the warrant for the annual town meeting (the “zoning articles”) shall be filed in
the office of the Board of Selectmen prior to twelve o'clock (12:00) noon on or about the one hundred
and twentieth (120th) day preceding the date on which the opening session of said meeting is to be
held. On or about the said one hundred and twentieth (120th) day preceding the date on which the
opening session of said meeting is to be held, the warrant shall be closed as to zoning articles, and as
soon as practicable thereafter a listing of all proposed warrant zoning articles which were received on
or about the said one hundred and twentieth (120th) day preceding said scheduled date shall be
prepared and signed by the Board of Selectmen. The said listing shall, forthwith, be submitted to the
Town Counsel for review and formatting.

And by deleting the first paragraph of Section 3.1 B. and replacing it with the following:

B.    All Other Warrant Articles

All subject matter seeking other than to adopt or amend zoning by-laws which is submitted for
consideration as articles for insertion in the warrant for the annual town meeting (the “non-zoning
articles”) shall be filed in the office of the Board of Selectmen prior to twelve o'clock (12:00) noon on
or about the one hundred and twentieth (120th) day preceding the date on which the opening session
of said meeting is to be held. On or about the said one hundred and twentieth (120th) day preceding
the date on which the opening session of said meeting is to be held, the warrant shall be closed as to
non-zoning articles, and as soon as practicable thereafter a listing of all proposed warrant non-zoning
articles which were received on or about the said one hundred and twentieth day preceding said
scheduled date shall be prepared and signed by the Board of Selectmen. The said listing shall,
forthwith, be submitted to the Town Counsel for review and formatting.



                                       FINANCE COMMITTEE VOTE:            7-0-0


DISCUSSION: The Finance Committee unanimously supports Article 29. Requiring both zoning and non-zoning
articles to be filed by the 120th day preceding ATM would take the confusion out of the deadline dates. Currently,
zoning articles need to be filed by the 120th day preceding ATM and non-zoning articles filed by the 90th day
preceding ATM. This article could also give the Finance Committee 30 additional days to perform due diligence for
the Town, which includes meeting with article sponsors, researching the articles/issues, and making
recommendations. The additional time would greatly assist the Finance Committee during a very busy period.


                               APPROVED__________DISAPPROVED__________




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                                                   ARTICLE 30

ESTABLISH A BLUE HILLS REGIONAL TECHNICAL SCHOOL STABILIZATION FUND
Article 30 Blue Hills Regional Technical School District is requesting to see if the Town will vote to authorize the
Blue Hills Regional Technical School District to establish a Stabilization Fund According to Chapter 7l, Sections
16G1/2 of the Massachusetts General Laws, or to take any other action related thereto.
Board of Selectmen

MOVED:           That the Blue Hills Regional Technical School District is hereby authorized to establish a
Stabilization Fund According to Chapter 71, Sections 16G1/2 of the Massachusetts General Laws.


                                      FINANCE COMMITTEE VOTE:            7-0-0


DISCUSSION: The proposed article would allow the Administration and School Committee of Blue Hills Regional
Technical School (BHRTS) to establish an account which they could use to ‘save’ funds out of their annual budget
for future capital projects. This fund can only be used for capital projects and not operating expenses. Currently,
BHRTS has no good way of saving for large scale projects and they are forced to return any budget surplus in
excess of 5% of their budget. This account would be funded as a line item in their budget that must be approved
by six of nine member towns.

                              APPROVED__________DISAPPROVED__________




                                                   ARTICLE 31

AMEND GENERAL BY-LAWS, Article XIV (Police Regulations: Sections 39/39A) Regulation of Dogs
Article 31        To see if the Town will vote to amend Article XIV of the General By-laws as follows, or to take any
other action related thereto:
By deleting Section 39, Section 1(1), first paragraph and replacing it with the following:

(1) License Fee-All fees for dog licenses and kennel licenses, fines and penalties shall be set by the Town Clerk,
however, no fee shall increase without a majority vote of the voters present at a Town Meeting.

And by deleting Section 39, Section 3, Section 4 and Section 5, replacing them with the following and renumbering
the following sections appropriately:


Section 3: Definitions

For the purposes of this Section 3 and Section 4, the following terms shall be defined as follows:

“Animal control officer”, an appointed officer authorized to enforce General Laws chapter 140, sections 136A to

174E, inclusive.



“Attack”, aggressive physical contact initiated by an animal.

“Dangerous dog”, a dog that either: (i) without justification, attacks a person or domestic animal causing physical
injury or death; or (ii) behaves in a manner that a reasonable person would believe poses an unjustified imminent
threat of physical injury or death to a person or to a domestic or owned animal.

“Hearing authority”, the Board of Selectmen.

“Licensing authority”, the Town Clerk.

“Nuisance dog”, a dog that: (i) by excessive barking or other disturbance, is a source of annoyance to a sick person
residing in the vicinity; or (ii) by excessive barking, causing damage or other interference, a reasonable person



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ANNUAL TOWN MEETING MAY 13, 2013


would find such behavior disruptive to one's quiet and peaceful enjoyment; or (iii) has threatened or attacked
livestock, a domestic animal or a person, but such threat or attack was not a grossly disproportionate reaction
under all the circumstances.

Section 4

(a) Any person may file a complaint in writing to the hearing authority that a dog owned or kept in the Town is a
nuisance dog or a dangerous dog; provided, however, that no dog shall be deemed dangerous: (i) solely based
upon growling or barking or solely growling and barking; (ii) based upon the breed of the dog; or (iii) if the dog
was reacting to another animal or to a person and the dog's reaction was not grossly disproportionate to any of the
following circumstances:
(1) the dog was protecting or defending itself, its offspring, another domestic animal or a person from attack or
assault;
(2) the person who was attacked or threatened by the dog was committing a crime upon the person or property of
the owner or keeper of the dog;
(3) the person attacked or threatened by the dog was engaged in teasing, tormenting, battering, assaulting,
injuring or otherwise provoking the dog; or
(4) at the time of the attack or threat, the person or animal that was attacked or threatened by the dog had
breached an enclosure or structure in which the dog was kept apart from the public and such person or animal was
not authorized by the owner of the premises to be within such enclosure including, but not limited to, a gated,
fenced-in area if the gate was closed, whether locked or unlocked; provided, however, that if a person is under the
age of 7, it shall be a rebuttable presumption that such person was not committing a crime, provoking the dog or
trespassing.

The hearing authority shall investigate or cause the investigation of the complaint, including an examination under
oath of the complainant at a public hearing in the municipality to determine whether the dog is a nuisance dog or a
dangerous dog. Based on credible evidence and testimony presented at the public hearing, the hearing authority
shall: (i) if the dog is complained of as a nuisance dog, either dismiss the complaint or deem the dog a nuisance
dog; or (ii) if the dog is complained of as a dangerous dog: (A) dismiss the complaint; (B) deem the dog a
nuisance dog; or (C) deem the dog a dangerous dog.
(b) If the hearing authority deems a dog a nuisance dog, the hearing authority may further order that the owner or
keeper of the dog take remedial action to ameliorate the cause of the nuisance behavior.
(c) If the hearing authority deems a dog a dangerous dog, the hearing authority shall order 1 or more of the
following:
(i) that the dog be humanely restrained; provided, however, that no order shall provide that a dog deemed
dangerous be chained, tethered or otherwise tied to an inanimate object including, but not limited to, a tree, post
or building;
(ii) that the dog be confined to the premises of the keeper of the dog; provided, however, that “confined” shall
mean securely confined indoors or confined outdoors in a securely enclosed and locked pen or dog run area upon
the premises of the owner or keeper; provided further, that such pen or dog run shall have a secure roof and, if
such enclosure has no floor secured to the sides thereof, the sides shall be embedded into the ground for not less
than 2 feet; and provided further, that within the confines of such pen or dog run, a dog house or proper shelter
from the elements shall be provided to protect the dog;
(iii) that when removed from the premises of the owner or the premises of the person keeping the dog, the dog
shall be securely and humanely muzzled and restrained with a chain or other tethering device having a minimum
tensile strength of 300 pounds and not exceeding 3 feet in length;
(iv) that the owner or keeper of the dog provide proof of insurance in an amount not less than $100,000 insuring
the owner or keeper against any claim, loss, damage or injury to persons, domestic animals or property resulting
from the acts, whether intentional or unintentional, of the dog or proof that reasonable efforts were made to obtain
such insurance if a policy has not been issued; provided, however, that if a policy of insurance has been issued, the
owner or keeper shall produce such policy upon request of the hearing authority or a justice of the district court;
and provided further, that if a policy has not been issued the owner or keeper shall produce proof of efforts to
obtain such insurance;
(v) that the owner or keeper of the dog provide to the licensing authority or animal control officer or other entity
identified in the order, information by which a dog may be identified, throughout its lifetime including, but not
limited to, photographs, videos, veterinary examination, tattooing or microchip implantations or a combination of
any such methods of identification;
(vi) that unless an owner or keeper of the dog provides evidence that a veterinarian is of the opinion the dog is
unfit for alterations because of a medical condition, the owner or keeper of the dog shall cause the dog to be
altered so that the dog shall not be reproductively intact; or
(vii) that the dog be humanely euthanized.
No order shall be issued directing that a dog deemed dangerous shall be removed from the Town. The Town shall
not regulate dogs in a manner that is specific to breed.
(d) Within 10 days after an order issued under subsections (a) to (c), inclusive, the owner or keeper of a dog may
bring a petition in the district court within the judicial district in which the order relative to the dog was issued or
where the dog is owned or kept, addressed to the justice of the court, praying that the order be reviewed by the



                                                   - 68 –

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ANNUAL TOWN MEETING MAY 13, 2013


court or a magistrate of the court. After notice to all parties, the magistrate shall, under section 62C of chapter 221
of the General Laws, review the order of the hearing authority, hear the witnesses and affirm the order unless it
shall appear that it was made without proper cause or in bad faith, in which case the order shall be reversed. A
party shall have the right to request a de novo hearing on the complaint before a justice of the court.
(e)(1) Pending an appeal by an owner or keeper under subsection (d), the hearing authority may file a petition in
the district court to request an order of impoundment at a facility the Town uses to shelter animals for a dog
complained of as being a dangerous dog. The Town shall not incur liability for failure to request impoundment of a
dog under this subsection.
(2) A justice of a district court, upon probable cause to believe that a dog is a dangerous dog or that a dog is being
kept in violation of this section or in violation of an order issued under this section by a hearing authority or a
court, may issue an order: (i) of restraint; (ii) of confinement of the dog as considered necessary for the safety of
other animals and the public; provided, however, that if an order of confinement is issued, the person to whom the
order is issued shall confine the dog in accordance with clause (ii) of subsection (c); or (iii) of impoundment in a
humane place of detention that the Town uses to shelter animals; or (iv) any other action as the court deems
necessary to protect other animals and the public from the dog.
(f) A justice of the district court shall hear, de novo, an appeal filed under subsection (d). Based upon credible
evidence and testimony presented at trial, the court shall, whether the dog was initially complained of as a
nuisance dog or as a dangerous dog: (i) dismiss the complaint; (ii) deem the dog a nuisance dog; or (iii) deem the
dog a dangerous dog. The decision of the court shall be final and conclusive upon the parties.
(g) If a court affirms an order of euthanasia, the owner or keeper of the dog shall reimburse the Town for all
reasonable costs incurred for the housing and care of such dog during its impoundment and throughout the appeals
process, if any. Unpaid costs shall be recovered by the Town on behalf of the hearing authority by any of the
following methods: (i) a lien on any property owned by the owner or keeper of the dog; (ii) an additional,
earmarked charge to appear on the vehicle excise of the owner or keeper of the dog; or (iii) a direct bill sent to the
owner or keeper of the dog.
All funds recovered by the Town under this subsection shall be transferred to the organization or entity charged
with the responsibility of handling dog complaints and impoundment. If the organization or entity falls under the
management or direction of the Town, costs recovered shall be distributed at the discretion of the Town.
If the court overturns an order of euthanasia, the Town shall pay all reasonable costs incurred for the housing and
care of the dog during any period of impoundment.
(h) If an owner or keeper of a dog is found in violation of an order issued under this section, the dog shall be
subject to seizure and impoundment by a law enforcement or animal control officer. If the keeper of the dog is in
violation, all reasonable effort shall be made by the seizing authority to notify the owner of the dog of such seizure.
Upon receipt of such notice, the owner may file a petition with the hearing authority, within 7 days, for the return
of the dog to the owner. The owner or keeper shall be ordered to immediately surrender to the licensing authority
the license and tags in the person's possession, if any, and the owner or keeper shall be prohibited from licensing a
dog within the commonwealth for 5 years. A hearing authority that determines that a dog is dangerous or a
nuisance or that a dog owner or keeper has violated an order issued under this section shall report such violations
to the issuing licensing authority within 30 days.
(i) Orders issued by a hearing authority shall be valid throughout the commonwealth unless overturned under
subsection (d) or (f).

And by deleting Section 39A, Regulation of Pit Bulls, in its entirety.
Board of Selectmen


MOVED:          That Article XIV of the General By-laws be amended as set forth in the Warrant and by
deleting Section 39A, Regulation of Pit Bulls, in its entirety.


                                       FINANCE COMMITTEE VOTE:            7-0-0


DISCUSSION: The state legislature last year enacted extensive changes to the state laws governing dogs and
other domesticated animals. As a result, the town’s current by-laws need to be updated and amended to conform
to the new state law because they may be unenforceable. Among other changes, the new state law prohibits a
municipality from enacting a by-law that regulates dogs in a manner that is specific to breed. The Finance
Committee agrees that the by-laws should be brought into compliance with the new state law.


                              APPROVED__________DISAPPROVED__________




                                                   - 69 –

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                                                 ARTICLE 32

VOTE TO APPLY TO MSBA FOR REIMBURSEMENT OF FUNDING FOR HANSEN ELEMENTARY SCHOOL
WINDOW REPLACEMENT/REPAIRS.
Article 32 To see what sums of money the Town will raise and appropriate, transfer from available funds, borrow
pursuant to any applicable statute appropriate or obtain pursuant to a grant funding agreement with the
Massachusetts School Building Authority to pay the costs of a window replacement repair project at the Lieutenant
Peter M. Hansen Elementary School, 25 Pecunit Street, Canton, MA including the payment of all costs incidental or
related thereto, or take any action related thereto.
Board of Selectmen for the School Committee


MOVED:        That Six Hundred Eighty One Thousand Two Hundred Ninety Five Dollars ($681,295) be
appropriated to be expended by the School Committee under the direction of the Buildings Renovation
Committee for the purpose of supplementing the appropriation voted pursuant to Article 27 of the 2012
Annual Town Meeting for a window and door replacement repair project at the Lt. Peter M. Hansen
Elementary School, 25 Pecunit Street, Canton, MA which proposed repair project would materially
extend the useful life of the school and preserve an asset that otherwise is capable of supporting the
required educational program, for which project the Town may be eligible for a grant from the
Massachusetts School Building Authority ("MSBA") thereby increasing the appropriation from Three
Hundred Forty Two Thousand Dollars ($342,000) to One Million Twenty Three Thousand Two Hundred
Ninety Five Dollars ($1,023,295); 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, Six Hundred Eighty One Thousand Two Hundred Ninety Five Dollars
($681,295) and to accept any MSBA grant therefor; and provided however, the Town acknowledges
that MSBA grant program is a non-entitlement, discretionary program based on need, as determined by
the MSBA, and any project costs the Town incurs in excess of any grant approved by and received from
the MSBA shall be the sole responsibility of the Town; and provided, further, that any grant that the
Town may receive from the MSBA for the Project shall not exceed the lesser of (1) a certain
percentage (%) of eligible, approved project costs, as determined by the MSBA, or (2) the total
maximum grant amount determined by the MSBA. No amounts shall be borrowed or expended
hereunder unless the Town shall have entered into a Project Funding Agreement for the Project with
the MSBA that provides for a grant to the Town. The amount authorized to be borrowed pursuant to
this vote shall be reduced to the extent of the amount of any MSBA grant set forth in the Project
Funding Agreement between the Town and the MSBA relating to this project.


                                    FINANCE COMMITTEE VOTE:           5-1-0


DISCUSSION: Last year, the Annual Town Meeting voted to appropriate $342,000 to replace the windows at the
Hansen School, which are the original windows from when the school was constructed. The School Department is
now seeking an additional $681,295 due to increased unforeseen costs. The School Committee applied for a grant
from the Massachusetts School Building Authority (MSBA) that would reimburse 45% of the cost appropriated last
year. As part of the requirements for MSBA funding, testing of the caulking around the windows revealed that some
caulking has PCB’s and asbestos. This necessitates additional costs for proper hazardous material removal,
increasing the projected cost.      In addition, it was determined that caulking around some doors is also
contaminated, and the doors will therefore be replaced as well. Other cost increases include an office project
manager as required by MSBA and contingencies. The School Department has applied and been approved for
MSBA 45% reimbursement for the additional costs. The Finance Committee believes that completing this project
while there is MSBA funding available will save the town considerable money, and make the building more energy
efficient and comfortable and save on maintenance costs.


                            APPROVED__________DISAPPROVED__________




                                                 ARTICLE 33

VOTE TO APPLY TO MSBA FOR REIMBURSEMENT OF FUNDING FOR GALVIN MIDDLE SCHOOL WINDOW
REPLACEMENT/REPAIRS.
Article 33     To see what sums of money the Town will raise and appropriate, transfer from available funds,
borrow pursuant to any applicable statute appropriate or obtain pursuant to a grant funding agreement with the
Massachusetts School Building Authority to pay the costs of a window replacement repair project at the William H.



                                                - 70 –

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ANNUAL TOWN MEETING MAY 13, 2013


Galvin Middle School, 55 Pecunit Street, Canton, MA including the payment of all costs incidental or related thereto,
or take any action related thereto.
Board of Selectmen for the School Committee


MOVED:         That Nine Hundred Nineteen Thousand Three Hundred Twenty Two Dollars ($919,322) be
appropriated to be expended by the School Committee under the direction of the Buildings Renovation
Committee for the purpose of supplementing the appropriation voted pursuant to Article 28 of the 2012
Annual Town Meeting for a window and door replacement repair project at the William H. Galvin Middle
School, 55 Pecunit Street, Canton, MA which proposed repair project would materially extend the
useful life of the school and preserve an asset that otherwise is capable of supporting the required
educational program, for which project the Town may be eligible for a grant from the Massachusetts
School Building Authority ("MSBA") thereby increasing the appropriation from Four Hundred Eleven
Thousand Nine Hundred Fifty Dollars ($411,950) to One Million Three Hundred Thirty One Thousand
Two Hundred Seventy Two Dollars ($1,331,272); 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, Nine Hundred Nineteen Thousand Three Hundred
Twenty Two Dollars ($919,322) and to accept any MSBA grant therefor; and provided however, the
Town acknowledges that MSBA grant program is a non-entitlement, discretionary program based on
need, as determined by the MSBA, and any project costs the Town incurs in excess of any grant
approved by and received from the MSBA shall be the sole responsibility of the Town; and provided,
further, that any grant that the Town may receive from the MSBA for the Project shall not exceed the
lesser of (1) a certain percentage(%) of eligible, approved project costs, as determined by the MSBA,
or (2) the total maximum grant amount determined by the MSBA. No amounts shall be borrowed or
expended hereunder unless the Town shall have entered into a Project Funding Agreement for the
Project with the MSBA that provides for a grant to the Town. The amount authorized to be borrowed
pursuant to this vote shall be reduced to the extent of the amount of any MSBA grant set forth in the
Project Funding Agreement between the Town and the MSBA relating to this project.


                                     FINANCE COMMITTEE VOTE:            5-1-0


DISCUSSION:      The Finance Committee supports Article 33 for reasons similar to Article 32. Last year, the Town
Meeting appropriated $411,950 for window replacement at the Galvin Middle School, which are over 40 years old.
The School Department is now seeking an additional $919,322 due to increased unforeseen costs. The School
Committee applied for a grant from the Massachusetts School Building Authority (MSBA) that would reimburse
45% of the cost appropriated last year. As part of the requirements for MSBA funding, testing of the caulking
around the windows revealed that some caulking has PCB’s and asbestos. While the School Department has
determined that the caulking does not pose a hazard so long as it is not disturbed, the discovery of the
contamination has led to increased costs for the window project, as described in the discussion for Article 32. The
School Department has applied and been approved for MSBA 45% reimbursement for the additional costs. The
Finance Committee believes that completing this project while there is MSBA funding available will save the town
considerable money, and make the building more energy efficient and comfortable and save on maintenance costs.



                             APPROVED__________DISAPPROVED__________




                                                   ARTICLE 34

AMEND ADDITIONAL 43D PRIORITY DEVELOPMENT SITES
Article 34 To see if the Town will vote to accept the provisions of c.43D, Sections 1 through 16, of the General
Laws and to designate the following parcel of land as a "Priority Development Site" in the Town of Canton for
expedited municipal permitting within the meaning of G.L. Chapter 43D, and to approve the filing of an application
with the Commonwealth of Massachusetts Interagency Permitting Board for designation of such parcel as a Priority
Development Sites, including but not limited to:

465 Turnpike Street (former Commercial Sheet Metal site) known as Canton Assessor’s Map 77, Lot 14.




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ANNUAL TOWN MEETING MAY 13, 2013


and that the Board of Selectmen be hereby authorized to implement the following within 120 days of the
acceptance of Chapter 43D with respect to the above mentioned Priority Development Sites:

(a) appoint a single point of contact to serve as the primary municipal liaison for all issues relating to Chapter 43D
in connection with said Priority Development Sites;

(b) amend rules and regulations, with the assistance of various permitting boards, on permit issuance to conform
with Chapter 43D with respect to the foregoing Priority Development Sites;

(c) along with the Town's permitting boards, collect and ensure the availability of all governing statutes, local
bylaws, regulations, procedures and protocols pertaining to each permit;

(d) establish a procedure whereby the Board of Selectmen shall determine all permits, reviews and pre-
development review required for a Priority Development Site project, all required scoping sessions, public comment
periods and public hearings and all additional specific applications and supplemental information required for
review, including when applicable, the identification of potential conflicts of jurisdiction or substantive standards
with abutting municipalities and a procedure for notifying the applicant; and
(e) establish a procedure, following notification of the required submissions for review as set forth in clause (d)
above, for determining if all the materials required for the review of the Priority Development project have been
completed.
Board of Selectmen for Economic Development Committee


MOVED: That the provisions of Chapter 43D, Sections 1 through 16, of the General Laws be accepted
and that the following parcel of land identified as 465 Turnpike Street, Assessors Map 77, Lot 14, be
designated as a "Priority Development Site" in the Town of Canton for expedited municipal permitting
within the meaning of G.L. Chapter 43D, and that the filing of an application with the Commonwealth of
Massachusetts Interagency Permitting Board for designation of such parcel as a Priority Development
Sites be approved and that the Board of Selectmen be authorized to implement the following within
120 days of the acceptance of Chapter 43D with respect to the above mentioned Priority Development
Sites:

(a) appoint a single point of contact to serve as the primary municipal liaison for all issues relating to
Chapter 43D in connection with said Priority Development Sites;

(b) amend rules and regulations, with the assistance of various permitting boards, on permit issuance
to conform with Chapter 43D with respect to the foregoing Priority Development Sites;

(c) along with the Town's permitting boards, collect and ensure the availability of all governing
statutes, local bylaws, regulations, procedures and protocols pertaining to each permit;

(d) establish a procedure whereby the Board of Selectmen shall determine all permits, reviews and
pre-development review required for a Priority Development Site project, all required scoping sessions,
public comment periods and public hearings and all additional specific applications and supplemental
information required for review, including when applicable, the identification of potential conflicts of
jurisdiction or substantive standards with abutting municipalities and a procedure for notifying the
applicant; and

(e) establish a procedure, following notification of the required submissions for review as set forth in
clause (d) above, for determining if all the materials required for the review of the Priority
Development project have been completed.


                                      FINANCE COMMITTEE VOTE:            6-0-1


DISCUSSION: The Finance Committee supports Article 34.              The Town adopted Chapter 43D Expedited
Permitting at the 2007 ATM. Since that time many parcels have been designated as Priority Development Sites.
By all accounts, the recent Chapter 43D designations have furthered the Town’s goals of attracting new commercial
and business developments and increasing revenue for the town. The property, located at 465 Turnpike Street,
being proposed for designation is available, is zoned light industrial use, and was unanimously supported for
designation by the Economic Development Committee.


                              APPROVED__________DISAPPROVED__________




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ANNUAL TOWN MEETING MAY 13, 2013




                                                  ARTICLE 35

ACCEPT GENERAL OR SESSION LAWS ENACTED BY THE GENERAL COURT
Article 35 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 35 be indefinitely postponed.


                                     FINANCE COMMITTEE VOTE:            7-0-0


DISCUSSION: As has been the practice at previous Town Meetings, this article was placed on the warrant in
anticipation of any legislation to be passed by the General Court (Legislature on Beacon Hill) that could be of
benefit to the Town of Canton. This allows the Town, at Town Meeting, to accept or reject any legislation that is
passed prior to Town Meeting. Since no such legislation exists this year, the Finance Committee voted that the
subject matter of this article be postponed indefinitely.



                             APPROVED__________DISAPPROVED__________




                                                  ARTICLE 36

APPROVAL OF FUNDING FOR THE FY 14 ASSESSING REVALUATION PROJECT
Article 36 To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute or
transfer from available funds the sum of One Hundred Twenty Thousand Dollard ($120,000) for professional
services to perform FY14 Assessing Revaluation for Re-Certification as required every 3 years to meet State
requirements, or to take any other action related thereto.
Board of Selectmen for the Board of Assessors

MOVED:           That the sum of One Hundred Twenty Thousand Dollars ($120,000) be transferred from
Free Cash in the Treasury of the Town to the Assessing Department for professional services to
perform an Assessing Revaluation for Re-Certification with the intent that these funds shall be
available in Fiscal 2013.


                                     FINANCE COMMITTEE VOTE:            6-1-0


DISCUSSION: This work is required triennially in order for the Town to establish its property tax rates for FY14.
The Finance Committee would like to emphasize that this is an FY13 expense, which is necessary to determine
FY14 property tax rates in a timely manner. The Finance Committee will recommend at future Town Meetings to
budget one-third of this cost to the Assessor’s Overlay.



                             APPROVED__________DISAPPROVED__________




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ANNUAL TOWN MEETING MAY 13, 2013



                                                  ARTICLE 37

APPROVAL OF FUNDING FOR THE ANNUAL 4TH OF JULY COMMUNITY CELEBRATION
Article 37 To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute or
transfer from available funds the sum of Thirty-Five Thousand Dollars ($35,000) to be expended by the Canton
Recreation Director for the purpose of funding the annual July 4th community celebration in 2013, or to take any
other action related thereto.
Board of Selectmen for the Canton Recreation Commission

MOVED:         That the sum of Thirty Five Thousand Dollars ($35,000) be transferred from Free Cash
in the Treasury of the Town to be expended by the Canton Recreation Director for the July 4th, 2013
community celebration.


                                     FINANCE COMMITTEE VOTE:            6-0-1


DISCUSSION: The Finance Committee supports use of Town monies to pay for the expense of 4th of July
celebration; however one member was not comfortable with the principle of taking these funds from Free Cash. As
the amount of money in question represents a relatively small proportion of the Town’s budget, the Majority
supports use of money from Free Cash for this purpose.


                             APPROVED__________DISAPPROVED__________




                                                  ARTICLE 38

INSURANCE PROCEEDS
Article 38 To see whether the Town will vote to appropriate all sums over $20,000 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 38 be indefinitely postponed.


                                     FINANCE COMMITTEE VOTE:            7-0-0


DISCUSSION: The Finance Committee unanimously voted to indefinitely postpone Article 38. At this time, there
were no insurance proceeds collected by the Town in excess of $20,000.


                             APPROVED__________DISAPPROVED__________




                                                  ARTICLE 39

VOTE TO RESCIND UNUSED BORROWING AUTHORIZATIONS
Article 39        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 subject matter of Article 39 be indefinitely postponed.


                                     FINANCE COMMITTEE VOTE:            7-0-0




                                                 - 74 –

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ANNUAL TOWN MEETING MAY 13, 2013



DISCUSSION: The Finance Committee voted unanimously to recommend indefinitely postponing any action on
Article 39. At the time of the vote, there were no previously authorized borrowing amounts, with significant excess
borrowing capacity, still requiring additional borrowing.


                             APPROVED__________DISAPPROVED__________




                                                   ARTICLE 40

INCREASE STABILIZATION FUND
Article 40 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 Four Hundred Thousand Dollars ($400,000) be transferred from Free
Cash in the Treasury of the Town to the Stabilization Fund for the Fiscal Year ended June 30, 2013.


                                     FINANCE COMMITTEE VOTE:            6-0-0


DISCUSSION:           The Finance Committee unanimously supports this article to increase the Stabilization fund by
$400,000. It is the strong belief of the Finance Committee that sound fiscal policy warrants that sufficient funds be
contained within the Stabilization Fund to deal with unforeseen emergencies. A healthy balance in reserve funds is
also essential for maintaining Canton’s excellent Standard & Poor’s AAA long-term bond rating. Bond Rating
Agencies typically require that Towns receiving an AAA rating have 15% of their operating budget held in reserves
and currently Canton reserve levels are at 10%. However, the rating agencies have stated that a critical factor in
continuing to award Canton with an AAA rating despite the low reserve levels is the fact that Canton has voted to
transfer funds into the stabilization fund each year despite difficult economic times.


                             APPROVED__________DISAPPROVED__________




                                                   ARTICLE 41

APPROPRIATE FUNDS TO MEET EXPENSES FOR NEXT FISCAL YEAR (FY14)
Article 41 To see what sums of money the town will vote to raise and appropriate, transfer from any available
funds or borrow pursuant to any applicable statute to meet the expenses of the next fiscal year for the various
Town Boards, Committees, Departments and Agencies, or to take any other action related thereto.
Board of Selectmen

MOTION 1
MOVED:         That the report of the Community Preservation Committee be adopted, and the
following fund transfers be hereby made in FY14 as recommended by the Community Preservation
Committee:

Forty Eight Thousand Dollars ($48,000) be transferred from FY14 receipts of the Community
Preservation Fund into the CPA Open Space Reserve Subaccount in the treasury of the town;

Forty Eight Thousand Dollars ($48,000) be transferred from FY14 receipts of the Community
Preservation Fund into the CPA Historic Preservation Reserve Subaccount in the treasury of the town;

Forty Eight Thousand Dollars ($48,000) be transferred from FY14 receipts of the Community
Preservation Fund into the CPA Community Housing Reserve Subaccount in the treasury of the town;
and




                                                 - 75 –

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ANNUAL TOWN MEETING MAY 13, 2013


Three Hundred Sixteen Thousand Dollars ($316,000) be transferred from FY14 receipts of the
Community Preservation Fund into the CPA Undesignated Reserve Subaccount.


                                     FINANCE COMMITTEE VOTE:           6-0-0

MOTION 1
DISCUSSION: This motion would transfer Community Preservation receipts collected in FY14 to funds
designated under state statute thereby allowing the Town to have these funds available for appropriation at a fall
Town Meeting in 2013 or at the Annual Town Meeting in 2014.


                             APPROVED__________DISAPPROVED__________


MOTION 2
MOVED:          That the various sums of money contained in the printed report of the Finance
Committee be raised and appropriated for the various purposes as are enumerated in the said report,
and that certain funds be transferred to meet such appropriation as set forth below, provided however,
that for the purposes of MGL chapter forty-four, section thirty-one (c. 44, §31) the individual and
separately numbered items within each account are not to be considered as separate votes but rather
as detail provided only for general information purposes, it being the intention of this vote to have a,
so-called, bottom line budget enabling department heads, with the approval of the Finance Director, to
shift funds from one subsidiary account to another within the total amount available to the department,
office or agency.




                         Votes to Transfer Available Funds
      WITH A VOTE THAT $2,178,581 BE TRANSFERRED AS FOLLOWS:

                    TRANSFER FROM                        AMOUNT                  PURPOSE


      WATER ENTERPRISE FUND                                $756,170    FIXED COSTS
      AMBULANCE SERVICE                                     650,000    FIRE DEPARTMENT
      SEWER ENTERPRISE FUND                                 394,399    FIXED COSTS
      SCHOOL FOOD SERVICE                                   102,224    HEALTH INSURANCE
      AMBULANCE SERVICE                                      86,980    DEBT SERVICE
      RINK ENTERPRISE FUND                                   82,015    FIXED COSTS
      BOND PREMIUM FUND                                      39,116    DEBT SERVICE
      GREENLODGE STREET PARKING FEES                         35,000    EXECUTIVE OFFICE
      SALE OF REAL ESTATE                                    12,677    DEBT SERVICE
      SALE OF LOTS/GRAVES                                    10,000    CEMETERY MAINTENANCE
      CEMETERY PERPETUAL CARE (EXPENDABLE)                    5,000    CEMETERY MAINTENANCE
      WETLANDS PROTECTION                                     5,000    CONSERVATION COMMISSION

      TOTAL                                              $2,178,581




                                    FINANCE COMMITTEE VOTE:            7-0-0


MOTION 2
DISCUSSION: Please see the Finance Committee Report to the Town of Canton for ATM 2013 at the front of this
warrant for a discussion of the FY 2014 operating budget.


                             APPROVED__________DISAPPROVED__________




                                                - 76 –

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ANNUAL TOWN MEETING MAY 13, 2013




NOTES




                  - 77 –

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ORIGINAL       FY 2014        FY 2014         FY 2014         FY 2014        INC (DEC) FROM FY 13
         OPERATING BUDGET                             FY 12                                                   EXECUTIVE       FIN. COMM.
                                                                   BUDGET         BASE          DEPT.                                            FIN. COMM. - ORIG
                                                     ACTUAL                                                    REQUEST         REQUEST
                                                                    FY 13        BUDGET        REQUEST                                            $$$$        %%
         BY VOTING CATEGORY
         School Dept         (300)                   30,556,285    31,920,505    31,920,505     33,420,505      33,320,505     33,320,505      1,400,000         4.4
                     TOTAL            03-SCHOOL      30,556,285    31,920,505    31,920,505     33,420,505      33,320,505     33,320,505      1,400,000         4.4

         Assessors           (141)                     248,011       238,392       217,151        225,801         225,801         225,801        (12,591)       (5.3)
         Building & Zoning       (241;176)             304,146       318,303       332,350        332,350         332,350         332,350         14,047         4.4
         Committees & Comm                              17,454        26,049        26,049         26,049          26,049          26,049              0         0.0
         (131;149;182;184;547;691;692)
         Conservation Comm (171)                        68,839        71,139        73,154         85,996          85,996          85,996         14,857        20.9
         Council on Aging      (541)                   204,686       210,436       217,870        217,870         217,870         217,870          7,434         3.5
         Executive Area                               1,280,331     1,549,783     1,315,640      1,333,162       1,333,162      1,333,162       (216,621)      (14.0)
         (129;151;154;179;192-195;199;244;632;910)
         Finance Dept        (133;135;145;155)         851,763       848,427       878,602        900,072         900,072         900,072         51,645         6.1
         Fire Department (220;221;231;232;291)        4,444,388     4,526,632     4,692,931      4,764,343       4,764,343      4,764,343        237,711         5.3
         Health Department           (510)             312,294       320,293       331,760        331,760         331,760         331,760         11,467         3.6
         Planning Board        (175)                    50,856        55,934        53,075         53,075          53,075          53,075         (2,859)       (5.1)




- 78 -
         Police            (210;292)                  3,934,388     4,025,229     4,141,959      4,331,128       4,331,128      4,331,128        305,899         7.6
         Public Library       (610)                   1,001,156     1,011,030     1,050,451      1,111,874       1,111,874      1,111,874        100,844        10.0
         Public Works                                 1,958,743     1,967,716     2,031,339      2,064,147       2,064,147      2,064,147         96,431         4.9
         (400;410;420;421;425;426;427;491;492;493)
         Recreation & Playgr (542;630)                 411,872       426,459       420,299        467,277         467,277         467,277         40,818         9.6
         Town Clerk & Elected (161;163)                198,151       202,443       208,330        210,537         210,537         210,537          8,094         4.0
                                                                                                                                                                        ANNUAL TOWN MEETING MAY 13, 2013




         Unpaid Bills         (198)                        856               0             0              0               0                0           0         0.0
         Veterans Services     (543)                   216,373       204,175       206,782        218,930         218,930         218,930         14,755         7.2
                     TOTAL            01-MUNICIPAL   15,504,308    16,002,440    16,197,742     16,674,371      16,674,371     16,674,371        671,931         4.2

         Blue Hills Regional (840)                    1,337,865     1,173,074     1,173,074      1,059,042       1,059,042      1,059,042       (114,032)       (9.7)
         Debt Service        (710;751;752)            5,987,919     6,119,892     6,119,892      5,947,464       5,947,464      5,947,464       (172,428)       (2.8)
         Employer Share-Health/Life (914;915)        10,203,531    10,517,018    10,517,018     10,558,160      10,558,160     10,558,160         41,142         0.4
         Norfolk Agricult HS (841)                            0       10,000        10,000         10,000          10,000          10,000              0         0.0
         OPEB Transfers        (990)                          0       50,000        50,000        200,000         200,000         400,000        350,000       700.0
         Reserve Fund         (132)                           0      500,000       500,000        500,000         500,000         500,000              0         0.0
         Retirement Benefits (911)                    2,942,040     3,145,759     3,145,759      3,212,846       3,212,846      3,212,846         67,087         2.1
         Snow & Ice          (423)                     253,725       264,735       264,735        364,735         364,735         364,735        100,000        37.8
         Street Lighting     (422)                     120,760       200,000       200,000        150,000         150,000         150,000        (50,000)      (25.0)

Source page 79

ORIGINAL           FY 2014              FY 2014          FY 2014            FY 2014            INC (DEC) FROM FY 13
         OPERATING BUDGET                         FY 12                                                                 EXECUTIVE          FIN. COMM.
                                                                  BUDGET             BASE                DEPT.                                                    FIN. COMM. - ORIG
                                                 ACTUAL                                                                  REQUEST            REQUEST
                                                                   FY 13            BUDGET              REQUEST                                                    $$$$        %%
         BY VOTING CATEGORY
         Town Insurance     (946)                  760,491          827,950           827,950              877,950             877,950          877,950            50,000          6.0
         Trash Collection   (433)                1,423,668         1,448,992         1,448,992            1,448,992           1,448,992        1,448,992                0          0.0
         Unemployment Comp      (913)              100,000          100,000           100,000              150,000             150,000          150,000            50,000         50.0
                   TOTAL        02-FIXED COSTS   23,130,000       24,357,420        24,357,420           24,479,189          24,479,189       24,679,189          321,769          1.3

                             GRAND TOTALS :      69,190,592       72,280,365        72,475,667           74,574,065          74,474,065       74,674,065         2,393,700         3.3




                                                                     ORIGINAL            FY 2014              FY 2014            FY 2014           FY 2014           INC (DEC) FROM FY 13
                                                    FY 12
                                                                      BUDGET              BASE                DEPT.            EXECUTIVE         FIN. COMM.            FIN. COM - ORIG
             ENTERPRISE FUNDS                      ACTUAL
                                                                       FY 13             BUDGET              REQUEST            REQUEST           REQUEST               $$$$      %%



             630 RINK ENTERPRISE                       448,479           410,967              418,568              380,907         380,907           380,907           (30,060)          (7.3)

             440 SEWER ENTERPRISE                    5,267,646          5,488,176          5,521,315          5,618,111           5,618,111         5,618,111          129,935            2.4




- 79 -
             450 WATER ENTERPRISE                    6,376,450          6,446,385          6,488,125          6,178,655           6,178,655        6,178,655          (267,730)          (4.2)
                                                                                                                                                                                                 ANNUAL TOWN MEETING MAY 13, 2013

Source page 80

TOWN OF CANTON
                                                                    ORIGINAL       FY 2014             FY 2014        FY 2014        FY 2014      INC (DEC) FROM FY 13
         BUDGET REPORT FOR FY 2014                    FY 12
                                                                     BUDGET         BASE               DEPT.        EXECUTIVE      FIN. COMM.       FIN. COMM. - ORIG
                                                     ACTUAL
         Dept. / Finance Committee Request                            FY 13        BUDGET             REQUEST        REQUEST        REQUEST          $$$$       %%

     300 SCHOOL DEPARTMENT
         TOTAL:      Salaries                         23,914,322      25,216,835      25,216,835       26,676,125    26,576,125     26,576,125   1,359,290         5.4
         TOTAL:      Expenses                          6,641,963       6,703,670       6,703,670        6,744,380     6,744,380      6,744,380     40,710          0.6
                                           TOTALS:    30,556,285      31,920,505      31,920,505       33,420,505    33,320,505     33,320,505   1,400,000         4.4

                          TOTAL    03-SCHOOL          30,556,285      31,920,505       31,920,505      33,420,505     33,320,505    33,320,505   1,400,000         4.4

     141 ASSESSORS
         TOTAL:      Salaries                           212,579         208,962          187,721         191,721        191,721       191,721     (17,241)        (8.3)
         TOTAL:      Expenses                            35,432          29,430              29,430       34,080         34,080        34,080       4,650         15.8
                                           TOTALS:       248,011        238,392          217,151         225,801        225,801       225,801     (12,591)        (5.3)
     176 ZONING BOARD
         TOTAL:      Salaries                            23,581          22,705              22,986       22,986         22,986        22,986         281          1.2
         TOTAL:      Expenses                              5,186          11,909             11,909        11,909        11,909         11,909          0          0.0
                                           TOTALS:       28,767          34,614              34,895       34,895         34,895        34,895         281          0.8
     241 BUILDING DEPARTMENT
         TOTAL:      Salaries                           260,331         263,446          277,212         277,212        277,212       277,212      13,766          5.2
         TOTAL:      Expenses                            15,048          20,243              20,243       20,243         20,243        20,243           0          0.0
                                           TOTALS:      275,379         283,689          297,455         297,455        297,455       297,455      13,766          4.9




- 80 -
                  TOTAL     03-Building & Zoning        304,146         318,303          332,350         332,350        332,350       332,350      14,047          4.4

     131 FINANCE COMMITTEE
         TOTAL:      Salaries                              4,470           4,865              4,865         4,865         4,865          4,865          0          0.0
         TOTAL:      Expenses                              6,273           6,635              6,635         6,635         6,635          6,635          0          0.0
                                           TOTALS:       10,742           11,500             11,500        11,500        11,500         11,500          0          0.0
                                                                                                                                                                          ANNUAL TOWN MEETING MAY 13, 2013




     149 WATER/SEWER RATE POLICY
         TOTAL:      Salaries                                   0           300                300           300            300           300           0          0.0
         TOTAL:      Expenses                                   0           700                700           700            700           700           0          0.0
                                           TOTALS:              0          1,000              1,000         1,000         1,000          1,000          0          0.0
     182 CAPITAL OUTLAY & PLANNING
         TOTAL:      Salaries                                   0          1,700              1,700         1,700         1,700          1,700          0          0.0
         TOTAL:      Expenses                                  85           856                856           856            856           856           0          0.0
                                           TOTALS:             85          2,556              2,556         2,556         2,556          2,556          0          0.0
     184 BUILDINGS RENOVATIONS COM
         TOTAL:      Salaries                                 609          3,001              3,001         3,001         3,001          3,001          0          0.0
         TOTAL:      Expenses                                   0           380                380           380            380           380           0          0.0
                                           TOTALS:            609          3,381              3,381         3,381         3,381          3,381          0          0.0
     547 DISABILITY COMMISSION
         TOTAL:      Salaries                                 338           795                795           795            795           795           0          0.0