Canton, Massachusetts · Saved source text
2015 Annual Report
Saved text from 215 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-15.
Source page 121
Item 2. Add the following new Sections immediately after Section 9.8.33:
9.8.34 Priority Revitalization Area "C"; Purpose. 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 that will generate employment and tax
revenue.
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 and encourage mixed-use development, including but not limited
to, Multi-family Dwellings, Senior Housing, offices, kindergarten and pre-
schools, municipal uses, historic preservation, recreational uses, retail shops and
industrial uses.
4. To permit the use of new development standards, which will promote the
desired changes in and near Canton Center.
5. To permit and encourage the development of open spaces which would be
available for use by the general public.
6. To provide information on the potential impacts of a proposed development.
7. To enable the Special Permit Granting Authority (SPGA) to require adherence
to "Development and Use Plans" in the granting of a special permit.
8. To provide for development in a manner that creates harmony between
residential and non-residential neighborhoods, protects existing abutting
neighborhoods, and minimizes the development impact on nearby
neighborhoods, while conserving and enhancing 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” only, the following words and phrases shall
have the meanings hereinafter indicated.
Applicant: The person or legal entity that applies for issuance of a special
permit for permission to construct a Project that conforms to the requirements of
this By law for Priority Revitalization Area C. The Applicant must own or be
the beneficial owner of all the land included in the proposed site, or have written
authorization from the owner(s) to act for him or must hold an option or contract
duly executed by the owner(s) giving the Applicant the right to acquire the land
to be included in the site.
119Source page 122
Buffer Area: An area within the CCEOD Revitalization Area “C” adjacent to
the boundaries, streams, rivers, ponds, which may not be developed except in
accordance with the Massachusetts Wetlands Protection Act and its
implementing regulations (MGL Chapter 131, Sections 40 and 40A, and 310
CMR 10.00) and other requirements herein.
Building Height: Building height shall be measured as set forth in this section
9.8 and measured as set forth in the State Building Code 780 CMR 101.0 et seq.
Height shall be subject to the provisions of Section 4.3 of the By-Law except as
otherwise provided in this Section 9.8.
Buildable Lot Area: The area of a Lot excluding any land defined as a
Resource Area.
Common Open Land: An 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 or members of the public.
Development Agreement: a written agreement executed by the Board of
Selectmen and the Applicant concerning the Project containing, without
limitation, actions to be taken by the Applicant to mitigate potential adverse
effects of the Project.
Development Parcel: One or more Lots within Priority Revitalization Area “C"
which together 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’.
Development Schedule: A schedule showing the anticipated order and timing
of construction and the sequence of the improvements to be built on the Priority
Revitalization Area "C" site, separated into stages where applicable.
Gross Floor Area: Total floor area contained within exterior walls, excluding
basement space, attic space and spaces used for heating and utilities and other
mechanical apparatus, storage and/or automobile parking.
Lot: A single contiguous tract of land including at least the minimum amount of
Buildable Lot Area required herein and located entirely within the Development
Parcel and Priority Revitalization Area “C”, which may be shown on an
approved definitive subdivision plan under G.L. c. 41, Section 81K or an
endorsed “approval not required” plan under G.L. c. 41,Section 81 P. More than
one building may be located on a Lot, subject to compliance with all applicable
dimensional requirements of this Section 9.8.
120Source page 123
Lot Development and Use Plan: A plan approved by the SPGA for the
development and use of a particular Lot within a Development Parcel pursuant
to the special permit process for the Priority Revitalization Area “C”. A Lot
Development and Use Plan shall comply with the plan contents requirements of
Section 10.5.2 of the Zoning By-Law. The Special Permit process and the Site
Plan Review process under Section 10.5.1 may occur contemporaneously.
Mixed-Use Development: A development that contains both residential and
non-residential uses.
Professional Office: The office of one skilled in an occupation that primarily
services clients or patients rather than customers including, but not limited to,
the office of a lawyer, doctor, dentist, architect, engineer, landscape architect,
real estate agent, insurance agent, or the studio of an artist, musician, teacher, or
the workroom of a dressmaker, milliner, or photographer in which retail sales
are incidental to office use.
Project: A residential, non-residential or mixed-use development for which a
special permit or Special Permits is sought pursuant to Section 9.8, the Priority
Revitalization Area “C” overlay provisions. The Project may be developed and
constructed in multiple phases, subject to conditions to be set forth in the Special
Permit(s).
Regulations: The applicable rules and regulations adopted by the Board of
Appeals relative to special permits pursuant to M.G.L c.40A, Section 9.
Resource Area: All land subject to jurisdiction under 310 CMR 10.02(1)(a) and
(b) (which shall not include land subject to flooding or riverfront area).
Senior Housing: Housing facilities (including, without limitation, in
independent or congregate facilities) for individuals fifty-five (55) years of age
or older as allowed under Massachusetts General Laws c. 151B, Section 4.
Small Scale Retail: Retail stores with a gross floor area of 10,000 square feet
or less.
Upland Acres: Land area not in a Resource Area.
All terms not defined in the provisions of this Zoning By-law related to the
Priority Revitalization Area “C” shall have the meanings ascribed to them in
Section 11 of this Zoning By-law.
9.8.36 Priority Revitalization Area "C"; Scope of Authority.
Priority Revitalization Area “C” shall be an overlay district and shall not restrict the
landowner's rights relative to the underlying zoning districts. However, if the
landowner elects to apply for a special permit under the provisions of this section 9.8
applicable to Priority Revitalization Area "C', the development shall conform to the
121Source page 124
requirements of this section 9.8 for Priority Revitalization Area C and shall not be
required to conform to the requirements of the underlying zoning districts to the
extent the Project is built pursuant to a Special Permit(s).
9.8.37 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” pursued under this Section 9.8. All special permit applications shall
conform to the provisions, of this Section 9.8 with respect to Priority Revitalization
Area “C” and the Board of Appeals’ Rules and Regulations adopted pursuant to
M.G.L. c.40A, Section 9 governing the administration of applications for special
permits.
In determining whether the criteria for grant of a special permit stated in this Zoning
By-law have been satisfied, the SPGA may grant a special permit applicable to a
Project in Priority Revitalization Area "C" only if the SPGA finds that the adverse
impacts of the Project will be outweighed by the benefits of the project to the Town,
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. Notwithstanding, the foregoing, any mitigation required
under the Performance Standards contained in Section 6.7 of this Zoning By-law
may be found by the SPGA to be satisfied by the terms of a Development Agreement
between the Town and the Applicant
The SPGA may in its discretion waive any of the Standards and Criteria stated in
Section 9.8.40, any of the Densities stated in Section 9.8.41 and any of the Setbacks
and Yard Regulations stated in Section 9.8.42 if the SPGA finds that such waiver
satisfies the criteria stated in Section 10.4.2 of this Zoning By-law for grant of a
special permit and the general conditions stated in Section 10.5.5 of this Zoning By-
law for approval of a site plan.
9.8.38 Priority Revitalization Area "C"; Applicability.
In Priority Revitalization Area C, 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 special permit issued by the Board of Appeals
and a Lot Development and Use Plan that bears the endorsement of approval by the
Board of Appeals. Requirements and Procedures for approval of such Site
Development and Use Plan shall be in accordance with Section 10.5 and this Section.
In the event of damage or destruction to any buildings or structures originally
constructed pursuant to a Special Permit and Lot Development and Use Plan issued
hereunder, such buildings and structures may be rebuilt and restored consistent with
the original Special Permit and such Lot Development and Use Plan without the
requirement of obtaining a new Special Permit or Lot Development and Use Plan
from the SPGA.
122Source page 125
9.8.39 Priority Revitalization Area “C”; Uses Permitted by Special Permit.
Within Priority Revitalization Area “C”, the SPGA may issue a special permit
authorizing the following uses. No building or structure 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.
A. Residential Uses:
1. Multi-family Dwellings, including, without limitation, Townhouse
style dwellings, Mid-rise style units, and ancillary facilities and
amenities.
2. Senior Housing and ancillary facilities and amenities.
3. Accessory structures (whether at, below or above grade) and surface
parking, driveways and roadways, serving any uses within the
Development Parcel.
4. All other residential uses allowed by right or by special permit in the
underlying zoning district.
B. Non-Residential Uses:
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. Restaurants with or without the service of alcoholic beverages
(provided that if alcoholic beverages are served any bar area does not
comprise more than thirty-five percent (35%) of the floor area of the
restaurant), including both indoor and outdoor seating.
4. Banks or similar financial institution, including drive-through facilities.
5. Child Care Centers, Pre-Schools and Kindergartens.
6. Recreational facilities.
7. Private and public open spaces.
8. Municipal uses.
123Source page 126
9. Accessory structures (whether at, below or above grade) and surface
parking, driveways and roadways, serving any uses within the
Development Parcel.
10. All uses allowed by right or by special permit in the underlying zoning
district.
C. The following uses are specifically prohibited 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, may be
authorized by the SPGA as part of a special permit for a Priority
Revitalization Area "C" Project.
D. For Projects permitted in the Priority Revitalization Area “C” there shall be
no non-resident deliveries or shipments between 10:00 p.m. and 7:00 a.m.
Monday through Friday; and there shall be no non-resident deliveries or
shipments between 10:00 p.m. and 8:00 a.m. on weekends.
9.8.40 Priority Revitalization Area “C”; Standards and Criteria.
A. In addition to the specific criteria contained within Section 10.4, the SPGA
shall issue a special permit for development within Priority Revitalization
Area C only after consideration of the project’s compliance with the
following additional criteria:
1. Adequacy of the site in terms of the size of the proposed use(s);
2. Adequacy of the provision of open space, its accessibility to the
general public, and/or its association with adjacent or proximate
open space areas;
3. Suitability of the site for the proposed use(s);
4. Impact on traffic and pedestrian flow and safety;
5. Impact on the visual character of the neighborhood;
6. Adequacy of utilities, including sewage disposal, water supply
and storm water drainage; and
124Source page 127
7. Degree to which the proposed project complies with the goals
of the Canton Center Revitalization Plan and the provisions of
this Section 9.8.
B. Minimum Development Size
1. Development Parcel Area Requirement:
a. The minimum Development Parcel area is twenty- five
(25) acres of Buildable Lot Area determined as of the
time of approval and endorsement of the application
for the first Lot Development and Use Plan.
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. Lot Area Requirement:
a. The minimum Lot area 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.
C. Building Coverage:
1. Development Parcel Requirement: No building on the
Development Parcel shall be constructed so as to cover, together
with any other buildings on the Development Parcel, more than
thirty percent (30%) of the Buildable Lot Area of the Development
Parcel.
2. Lot Requirement: No building on a Lot shall be constructed so
as to cover, together with any other building on the Lot, more than
fifty percent (50%) of the Buildable Lot Area.
D. Minimum Frontage and Access:
1. Development Parcel Requirement:
a. Each Development Parcel shall have a minimum frontage
of two hundred and fifty (250) feet on a street or way and at
least two means of ingress/egress.
125Source page 128
b. Each means of required ingress/egress shall have a paved
width of no less than twenty-four (24) feet.
c. Lot Requirement: Each Lot shall have a minimum frontage
of fifty (50) feet on a street or way.
E. Transition Area: Where a portion of the Development Parcel abuts another
parcel which is zoned for residential purposes, a “Transition Area” of
fifteen (15) feet or a screen wall of adequate height shall be provided at the
perimeter of the Development Parcel along the border with such abutting
parcel. The Applicant shall file a landscape plan, prepared by a
Massachusetts Registered Landscape Architect that demonstrates in the
opinion of the Board of Appeals sufficient plantings to provide adequate
screening within such Transition Area. Buildable Lot Areas or portions
thereof that are also designated as Transition Areas shall be included in the
calculation of “Common Open Land”.
a. The SPGA may reduce the width of the required “Transition Area” and modify
other landscape requirements where the SPGA finds that suitable screening will be
provided by other means such as fencing or topography, and that such reduction will
not have material adverse impact on the surrounding neighborhood.
9.8.41 Priority Revitalization Area “C”; 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 the densities
specified below for residential and non-residential uses.
A. Residential Uses
Maximum permissible densities are as follows:
1. Multi-family Dwellings including, without limitation, Townhouse and
Mid-rise style dwellings and ancillary facilities and amenities:
One dwelling unit per 2,600 square feet of Buildable Lot Area in
the Development Parcel.
2. Senior Housing and ancillary facilities and amenities:
One dwelling unit per 2,600 square feet of Buildable Lot Area in
the Development Parcel.
126Source page 129
B. Non-Residential Uses
Maximum permissible density is as follows:
Two thousand (2,000) square feet of Gross Floor Area per 10,000
square feet of Buildable Lot Area in the Development Parcel.
9.8.42 Priority Revitalization Area “C”; Setbacks and Yard Regulations for
Buildings.
No building shall be constructed so as to be nearer to the line of any street than the
required setback distance or nearer to the sidelines of its lot than the required side
yard width or nearer to the rear line of its lot than the required rear yard depth
specified below. The required setback distance shall be measured from the nearest
exterior line of the street in question.
A. Development Parcel
1. Each Development Parcel shall have a side yard setback of not less
than ten (10) feet; except that if the side yard abuts land owned by
the Town, or the East Branch of the Neponset River dam or
diversion channel, or the Plymouth Rubber triple drainage culvert,
such side yard shall be not less than five (5) feet. There shall be a
front yard setback for any Development Parcel along Revere Street
of no less than five (5) feet but there shall be no front yard setback
requirement for any internal subdivision road within any
Development Parcel.
2. Each Development Parcel shall have a rear yard setback of not less
than five (5) feet.
B. Lot
Each lot shall have a minimum side and rear yard of fifteen (15) feet except
that if a side or rear yard abuts land owned by the Town, or the Canton
River dam diversion channel, or the Plymouth Rubber triple drainage
culvert, such side or rear yard shall be not less than fifteen (15) feet. There
shall be no front yard setback requirement for a Lot.
C. Additional Setback Requirements
1. The SPGA may waive the setback distance where it finds such a
waiver appropriate because of specific physical circumstances,
127Source page 130
such as irregular lot lines or other natural features that create open
space or buffers.
2. No commercial storage or display of goods, products, materials or
equipment, vending machines or similar commercial devices shall
be allowed within the required front, side, or rear yard setback;
provided, however, that the foregoing shall not be interpreted so as
to prohibit the placement in any such yards of HVAC, mechanical,
plumbing, and fire protection equipment, transformers or similar
equipment utilized in connection with the operation of any
buildings in any portion of the Development Parcel.
3. 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
Lot Area, frontage, building coverage, yard setback, or other
dimensional provisions, of this Section.
9.8.43 Priority Revitalization Area “C”; Height Regulations.
No building shall be constructed to exceed the height of (a) forty – eight feet (48'); or
(b) a total of four (4) stories inclusive of enclosed parking, whichever is lower.
9.8.44 Common Open Land and Public Access.
A. Common Open Land:
Each Project shall have a minimum of thirty percent (30%) of the
Development Parcel designated as Common Open Land for use by the
occupants of the Development Parcel.
B. Public Access:
A Project shall provide pedestrian access walkways to and from natural
resource areas within the Development Parcel within an area or areas shown
on a Lot Development and Use Plan.
9.8.45 Priority Revitalization Area “C”; Parking and Loading Requirements.
For each Project 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 shall require 1 parking
space per unit.
128Source page 131
B. For restaurants and other on premises eating and drinking
establishments: 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 fewer parking
spaces where the SPGA finds that fewer parking spaces are
needed. 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 fewer parking spaces where the SPGA finds that
fewer parking spaces are needed.
C. 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.
D. 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 6.1 Off-Street
Parking.
E. 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 9.8.45.
Parking spaces for one use shall not provide the required parking
spaces for any other use unless the SPGA finds that the need for
parking occurs at different times.
F. 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 associated
therewith a substantial portion of which, at least, is within three
hundred (300) feet of such generator.
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 6.1.6 of this Zoning By-law as to General
Design shall be considered the minimum criteria for evaluating
such design.
129Source page 132
Below grade automobile parking may be permitted within the
basements of buildings provided that such structured basement
automobile parking is exclusively reserved for motor
vehicles of residents or employees of the Project.
G. 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 6.2, Loading Areas, shall be considered
minimum criteria for evaluating such design.
9.8.46 Priority Revitalization Area “C”; Signs and Advertising Devices.
The provisions of Section 6.3 of this Zoning By-law (Signs) 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, infrastructure construction, renovation or repair of existing
buildings and structures and construction new buildings and structures, no activity or
use 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 51.100-
51.106).
9.8.48 Priority Revitalization Area “C”; Moderate Income Units.
As a condition for the grant of a special permit pursuant to this Section authorizing
an increase in the otherwise permissible density or population or intensity of a
particular use in a proposed development pursuant to the requirements of this
Section, at least ten percent (10%) of the dwelling units shall be deed restricted in
130Source page 133
perpetuity for occupancy by persons earning not more than eighty percent (80%) of
the area median income as defined and regulated by the Commonwealth’s
Department of Housing and Community Development. The Special Permit may
require that such moderate income housing units 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.
Copies of said plans are available for public review at the offices of the Planning
Board, Town Clerk, the Board of Selectmen, all in Memorial Hall, and at the
research desk of the Canton Public Library and on the town web site, or take any
other action in relation thereto.
Attorney Paul Schneiders and 13 others
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 23 as printed in the
warrant be indefinitely postponed.
FINANCE COMMITTEE VOTE: 10-0-0
ARTICLE 24
AMEND ZONING MAP BY PLACING PARCELS ALONG REVERE STREET
AND NEPONSET STREET WITHIN CCEOD REVITALIZATION AREA C
ARTICLE 24 To see if the Town will vote to amend the 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
(Revitalization Area C) established by vote under Article 12 of this 2015 Annual
Town Meeting warrant or take any action in relation thereto. Said parcels of land are
described in the Board of Assessors’ Maps as Map 26, Lots 92, 94, 95 and an area
shown on Map 14 and 26 immediately abutting Map 26, Lot 94 consisting of
approximately 5.3 acres known as the diversion channel; and as Map 15, Lot 86.
Copies of this Article and the accompanying plan are available for public review at
the offices of the Planning Board, Town Clerk, and the Board of Selectmen, all in
Memorial Hall, and at the research desk of the Canton Public Library and on the
town web site.
Attorney Paul Schneiders and 13 others
131Source page 134
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 24 as printed in the
warrant be indefinitely postponed.
FINANCE COMMITTEE VOTE: 10-0-0
ARTICLE 27
AMEND SECTION 9.5.3 OF THE ZONING BY-LAW TO PERMIT OTHER
LOCATIONS TO BE ELIGIBLE FOR THE “HOD” (HOTEL OVERLAY
DISTRICT)
Article 27 To see if the town will vote to amend Section 9.5. of Zoning By-Law of
the Town, as most recently amended, by deleting subsection 3 and replacing it with
the following language :
"9.5.3 Locations and Eligibility. No parcel shall be placed in the HOD unless it
contains two (2 ) contiguous upland acres of land . The location of a HOD shall
include all land designated by Town Meeting as being within the HOD, pursuant to
G.L. c. 40A, s. 5. or to take any other action in relation thereto,"
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.
Attorney Richard Staiti and 29 others
PLANNING BOARD MOTION:
MOVED: That the subject matter of Article 27 as printed in the
warrant be indefinitely postponed.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE MOTION:
MOVED: The Finance Committee recommends that the motion
presented by the Planning Board to Town Meeting for Article 27 as written in
the warrant be adopted.
FINANCE COMMITTEE VOTE: 10-0-0
132Source page 135
ARTICLE 28
AMEND ZONING MAP TO CREATE AN AREA IN WHICH THE “HOTEL
OVERLAY DISTRICT” (“HOD”) WOULD BE IN EFFECT
Article 28 To see if the Town will vote to amend the zoning map , as most recently
amended, by placing in the "Hotel Overlay District" ("HOD" ) a parcel of land of
not less than six (6) contiguous acres fronting along Royall St. owned by Paul T.
Driscoll, being described as Assessors Map 69 Parcel 26. Copies of the map
showing such parcel has 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. or to take any actions in relation thereto
Attorney Richard Staiti and 29 others
PLANNING BOARD MOTION:
MOVED: That the subject matter of Article 28 as printed in the
warrant be indefinitely postponed.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE MOTION:
MOVED: The Finance Committee recommends that the motion
presented by the Planning Board to Town Meeting for Article 28 as written in
the warrant be adopted.
FINANCE COMMITTEE VOTE: 10-0-0
ARTICLE 36
AMEND ADDITIONAL 43D PRIORITY DEVELOPMENT SITE(S)
Article 36 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 Site:
133Source page 136
10 Campanelli Circle Map: 115 Parcel: 23
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 Site, or to take any other action related thereto:
(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 Site;
(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 Site;
(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 parcel of land identified as 10
Campanelli Circle, Assessor’s Map 115, Parcel 23, 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 Site be approved and that
the Board of Selectmen be authorized to implement the following within 120
134Source page 137
days of the acceptance of Chapter 43D with respect to the above mentioned
Priority Development Site:
(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 Site;
(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 Site;
(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: 10-0-0
ARTICLE 39
VOTE TO APPROVE TITLE CHANGE FOR HUMAN RESOURCE
ADMINISTRATOR
Article 39 To see if the Town will vote to amend the Town’s Department of
Human Resources Bylaw of the Canton Personnel Bylaw, as adopted by the Town at
the 2001 Annual Town Meeting on May 7, 2001, Article 5, by deleting all references
therein to the title of “Human Resources Administrator” and substituting therefore
the new title “Human Resources Director” or take any other action related thereto.
Board of Selectmen for Human Resources Administrator
135Source page 138
MOVED: That the Department of Human Resources Bylaw of the
Canton Personnel Bylaw, as adopted by the Town at the 2001 Annual Town
Meeting on May 7, 2001 be amended by deleting all references therein to the
title of “Human Resources Administrator” and substituted with the new title of
“Human Resources Director”.
FINANCE COMMITTEE VOTE: 11-0-0
ARTICLE 41
CONSOLIDATION OF DEPARTMENT OF PUBLIC WORKS AND PROPERTY
MAINTENANCE DEPARTMENT
ARTICLE 41 To see if the Town will vote to consolidate the Department of Public
Works and the Property Maintenance Department so that Property Maintenance
becomes a new Division of the Department of Public Works along with the
Administrative Division, the Engineering Division, the Highway & Maintenance
Division, the Cemetery Division and the Water & Sewer Division, or take any other
action related thereto.
Board of Selectmen
MOVED: That the Department of Public Works and the Property
Maintenance Department be consolidated so that Property Maintenance
becomes a new Division of the Department of Public Works along with the
Administrative Division, the Engineering Division, the Highway & Maintenance
Division, the Cemetery Division and the Water & Sewer Division.
FINANCE COMMITTEE VOTE: 11-0-0
ARTICLE 7
SET SALARIES OF ELECTED OFFICERS
Article 7 To see if the town will vote, in accordance with the provisions of section
one hundred and eight of chapter forty-one (G. L. chapter 41, §108) to fix the salary
and compensation of all elected officers of the town, or to take any other action
related thereto.
Board of Selectmen
136Source page 139
MOTION 1
MOVED: That the salary and compensation for the Town Clerk be
fixed at $80,998 for the 2016 Fiscal Year beginning July 1, 2015 through June
30, 2016.
FINANCE COMMITTEE VOTE: 7-0-1
Barbara Saint Andre, Acting Chairperson of the Finance Committee, moved Article
7, Motion 1 as printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
MOTION 2
MOVED: That the salary and compensation for all part-time elected
officials of the Town be fixed for the 2016 Fiscal Year beginning July 1, 2015
through June 30, 2016, as follows:
Board of Assessors $0.00, for each member
Board of Health $0.00, for each member
Board of Selectmen $0.00, for each member, with an additional
$0.00 to chairperson
Planning Board $0.00
School Committee $0.00
Library Trustees $0.00
FINANCE COMMITTEE VOTE: 6-1-0
Barbara Saint Andre, Acting Chairperson of the Finance Committee, moved Article
7, Motion 2 as printed in the warrant.
Gerald Salvatori made a motion to amend Motion 2 by replacing the salary of the
Board of Assessors from zero to $2,400 for each member, replacing the salary of the
Board of Health from zero to $600 for each member, replacing the salary of the
Board of Selectmen from zero to $1,400 for each member, with an additional $200 to
the Chairperson.
ADOPTED 116 IN FAVOR – 84 OPPOSED
137Source page 140
ARTICLE 18
ADDITIONAL LOCAL APPROPRIATION TO SUPPLEMENT THE
COMMONWEALTH’S CHAPTER 90 ROADS PROGRAM
Article 18 To see if the town will vote to raise and appropriate, transfer from
available funds or borrow pursuant to any applicable statute, a sum of money in an
amount not to exceed $850,000 to be spent by the Board of Selectmen acting as the
Board of Public Works to supplement the amount received from the Chapter 90
Roads Program with improvements done in accordance with improvement
specifications as determined by and subject to, the approval of the Department of
Public Works and consistent with locations identified in the Town’s Pavement
Management System, or to take any other action related thereto.
Board of Selectmen
MOVED: That Two Hundred Fifty Thousand Dollars ($250,000) be
appropriated to be spent by the Board of Selectmen acting as the Board of
Public Works to supplement the amount received from the Chapter 90 Roads
Program with improvements done in accordance with improvement
specifications as determined by and subject to, the approval of the Department
of Public Works and consistent with locations identified in the Town’s
Pavement Management System and to meet said appropriation Two Hundred
Fifty Thousand Dollars ($250,000) be transferred from Free Cash in the
Treasury of the Town.
FINANCE COMMITTEE VOTE: 7-4-0
Barbara Saint Andre, Acting Chairperson of the Finance Committee, moved a
substitute motion for Article 18 as follows:
That two hundred ninety five thousand dollars ($295,000) be appropriated to be
spent by the Board of Selectmen acting as the Board of Public Works to supplement
the amount received from the Chapter 90 Roads Program with improvements done in
accordance with improvement specifications as determined by and subject to the
approval of the Department of Public Works and consistent with locations identified
in the Town’s Pavement Management System and to meet said appropriation two
hundred fifty thousand dollars ($250,000) be transferred from Free Cash in the
Treasury of the Town and forty five thousand dollars ($45,000) be funded from
general revenues.
ADOPTED VOICE VOTE, MODERATOR DECLARED PASSAGE OF ARTICLE
138Source page 141
ARTICLE 37
VOTE A HOME RULE PETITION FOR AN INCREASE IN THE NUMBER OF
ALCOHOL LICENSES
Article 37 To see if the Town will vote to present to the General Court a Home
Rule Petition to read substantially as set forth below and to request its representatives
in the General Court to introduce legislation seeking a special act to read
substantially as set forth below to increase the number of licenses to sell all alcoholic
beverages, or to sell wine and malt beverages only, to be drunk on the premises
pursuant to M.G.L. c.138, Section 12 that may be granted in the Town and to
authorize the General Court with the approval of the Board of Selectmen to make
constructive changes in perfecting the language of the proposed legislation in order
to secure passage, or to take any other action related thereto.
AN ACT AUTHORIZING THE TOWN OF CANTON TO GRANT ADDITIONAL
LICENSES FOR THE SALE OF ALL ALCOHOLIC BEVERAGES AND FOR
THE SALE OF WINE AND MALT BEVERAGES ONLY TO BE DRUNK ON
THE PREMISES
SECTION 1. (a) Notwithstanding sections 12 and 17 of chapter 138 of the General
Laws or any other general or special law to the contrary, the Board of Selectmen of
the Town of Canton may grant a total of up to five (5) additional licenses for the sale
of all alcoholic beverages, or the sale of wine and malt beverages only, all to be
drunk on the premises pursuant to M.G.L. c.138, Section 12, subject to the
conditions set forth in this act.
(b) The additional licenses authorized in this act shall be subject to the provisions of
M.G.L. c.138, Section 12 concerning fees for original issuance of licenses and
renewal of licenses.
(c) Prior to the granting of a license pursuant to this act, the Board of Selectmen shall
determine whether an applicant or licensee meets the criteria set forth in this act and
consistent with any rules and regulations governing the granting of alcoholic
beverages licenses promulgated by the Board of Selectmen and all other applicable
laws.
(d) If a license granted under this act is cancelled, revoked or no longer in use, such
license shall be returned physically, with all of the legal rights, privileges and
restrictions pertaining thereto, to the Board of Selectmen. The Board of Selectmen
may then grant that license to a new applicant who meets the criteria set forth in this
act.
139Source page 142
(e) Notwithstanding any law to the contrary, any alcohol license in the town of
Canton whether pursuant to this act or otherwise, that is not in active use and is
not being used to serve the public for a period of time of six months measured from
the date the licensee stops serving the public, (and not measured from the time of
notice from the Board of Selectmen) shall be considered cancelable and revocable at
the six month mark by action of the Board of Selectmen after a hearing all in
furtherence of the implementation of Section 77 of Chapter 138 of the General Laws.
SECTION 2. This act shall take effect upon its passage.
Board of Selectmen
MOTION 1
MOVED: That a Home Rule Petition be presented to the General
Court to read substantially as set forth below and that the Town’s
representatives in the General Court be requested to introduce legislation
seeking a special act to read substantially as set forth below to increase the
number of licenses to sell all alcoholic beverages, or to sell wine and malt
beverages only, to be drunk on the premises pursuant to M.G.L. c.138, Section
12 that may be granted in the Town and that the General Court be authorized
with the approval of the Board of Selectmen to make constructive changes in
perfecting the language of the proposed legislation in order to secure passage.
AN ACT AUTHORIZING THE TOWN OF CANTON TO GRANT
ADDITIONAL LICENSES FOR THE SALE OF ALL ALCOHOLIC
BEVERAGES AND FOR THE SALE OF WINE AND MALT BEVERAGES
ONLY TO BE DRUNK ON THE PREMISES
SECTION 1
(a) Notwithstanding sections 12 and 17 of chapter 138 of the General Laws or
any other general or special law to the contrary, the Board of Selectmen of the
Town of Canton may grant up to five (5) additional licenses for the sale of all
alcoholic beverages, or the sale of wine and malt beverages only, to be drunk on
the premises pursuant to M.G.L. c.138, Section 12, all subject to the conditions
set forth in this act.
(b) The additional licenses authorized in this act shall be subject to the
provisions of M.G.L. c.138, Section 12 concerning fees for original issuance of
licenses and renewal of licenses.
(c) Prior to the granting of a license pursuant to this act, the Board of Selectmen
shall determine whether an applicant or licensee meets the criteria set forth in
this act and consistent with any rules and regulations governing the granting of
140Source page 143
alcoholic beverages licenses promulgated by the Board of Selectmen and all
other applicable laws.
(d) If a license granted under this act is cancelled, revoked or no longer in use,
such license shall be returned physically, with all of the legal rights, privileges
and restrictions pertaining thereto, to the Board of Selectmen. The Board of
Selectmen may then grant that license to a new applicant who meets the criteria
set forth in this act.
(e) Notwithstanding any law to the contrary, any alcohol license in the Town of
Canton whether pursuant to this act or otherwise, that is not in active use and
is not being used to serve the public for a period of time of six months measured
from the date the licensee stops serving the public, (and not measured from the
time of notice from the Board of Selectmen) shall be considered cancelable and
revocable at the six month mark by action of the Board of Selectmen after a
hearing all in furtherance of the implementation of Section 77 of Chapter 138
of the General Laws.
SECTION 2. This act shall take effect upon its passage.
FINANCE COMMITTEE VOTE: 10-0-0
Barbara Saint Andre, Acting Chairperson of the Finance Committee, moved Article
37, Motion 1 as printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
MOTION 2
MOVED: That a Home Rule Petition be presented to the General
Court to read substantially as set forth below and that the Town’s
representatives in the General Court be requested to introduce legislation
seeking a special act to read substantially as set forth below to increase the
number of licenses to sell all alcoholic beverages, or to sell wine and malt
beverages only, not to be drunk on the premises pursuant to M.G.L. c.138,
Section 15 that may be granted in the Town and that the General Court be
authorized with the approval of the Board of Selectmen to make constructive
changes in perfecting the language of the proposed legislation in order to secure
passage.
AN ACT AUTHORIZING THE TOWN OF CANTON TO GRANT
ADDITIONAL LICENSES FOR THE SALE OF ALL ALCOHOLIC
BEVERAGES AND FOR THE SALE OF WINE AND MALT BEVERAGES
ONLY NOT TO BE DRUNK ON THE PREMISES
141Source page 144
SECTION 1
(a) Notwithstanding sections 15 and 17 of chapter 138 of the General Laws or
any other general or special law to the contrary, the Board of Selectmen of the
Town of Canton may grant up to two (2) additional licenses for the sale of all
alcoholic beverages, or the sale of wine and malt beverages only, not to be
drunk on the premises pursuant to M.G.L. c.138, Section 15, all subject to the
conditions set forth in this act.
(b) The additional licenses authorized in this act shall be subject to the
provisions of M.G.L. c.138, Section 15 concerning fees for original issuance of
licenses and renewal of licenses.
(c) Prior to the granting of a license pursuant to this act, the Board of Selectmen
shall determine whether an applicant or licensee meets the criteria set forth in
this act and consistent with any rules and regulations governing the granting of
alcoholic beverages licenses promulgated by the Board of Selectmen and all
other applicable laws.
(d) If a license granted under this act is cancelled, revoked or no longer in use,
such license shall be returned physically, with all of the legal rights, privileges
and restrictions pertaining thereto, to the Board of Selectmen. The Board of
Selectmen may then grant that license to a new applicant who meets the criteria
set forth in this act.
(e) Notwithstanding any law to the contrary, any alcohol license in the Town of
Canton whether pursuant to this act or otherwise, that is not in active use and
is not being used to serve the public for a period of time of six months measured
from the date the licensee stops serving the public, (and not measured from the
time of notice from the Board of Selectmen) shall be considered cancelable and
revocable at the six month mark by action of the Board of Selectmen after a
hearing all in furtherance of the implementation of Section 77 of Chapter 138
of the General Laws.
SECTION 2. This act shall take effect upon its passage.
FINANCE COMMITTEE VOTE: 9-1-0
Barbara Saint Andre, Acting Chairperson of the Finance Committee, moved Article
37, Motion 2 as printed in the warrant.
ADOPTED MAJORITY SHOW OF HANDS
142Source page 145
ARTICLE 34
VOTE TO APPROVE FULL-TIME KINDERGARTEN
Article 34 MOTION: To see if the town will vote to raise and appropriate, or to
transfer from available funds, or to authorize the Town Treasurer with the approval
of the Board of Selectmen, to borrow (and to issue bonds or notes therefore) any sum
or sums of money, or seek an Operational Override or by any combination of these
methods of financing as may be necessary or desirable, make available funds for the
purpose of providing Full Day Kindergarten for all eligible Canton children at no
expense or an expense not to exceed $500 per child. Expected cost is approximately
$400,000.00. The purpose of this article is to assure, for every Canton child, access
to high-quality, full-day kindergarten. Time is of the essence so that our Canton
Public School Department will be able to implement full-day kindergarten at the start
of the 2015-2016 school year or no later than the 2016-2017 school year.
According to Massachusetts Department of Education: Full Day Kindergarten in
Canton for all students will enhance the educational experience of children by
ensuring access to high quality full-day kindergarten programs to assist in preventing
and closing proficiency gaps through integrating curriculum across the content areas;
increasing inclusion; promoting continuity of curriculum from preschool to third
grade; and developing other program components.
Full-Day Kindergarten is defined as at least five instructional hours, for five
days/week, for 180-days/school year.
Petition by/for Anthony Braconi and 15 others
MOVED: That the subject matter of Article 34 be indefinitely
postponed.
FINANCE COMMITTEE VOTE: 9-1-0
The petitioner of Article 34, Anthony Braconi, moved a substitute motion that the
sum of four hundred thousand dollars ($400,000) be transferred for the fiscal year
ending June 30, 2015 from Free Cash in the Treasury of the Town to the School
Department operating budget for the purpose of funding Full Day Kindergarten
Tuition Relief.
SUBSTITUTE MOTION DEFEATED MAJORITY SHOW OF HANDS
143Source page 146
ARTICLE 15
INSURANCE PROCEEDS
Article 15 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 sum of Twenty Three Thousand Nine Hundred
Ninety Nine Dollars ($23,999) be appropriated to be spent by the Police Chief
with the approval of the Board of Selectmen in connection with losses suffered
by the Town from a patrol vehicle accident and that Twenty Three Thousand
Nine Hundred Ninety Nine Dollars ($23,999) be transferred from Insurance
Reimbursement Fund #173 to Police Cash Capital Cruiser Replacement thereby
increasing such appropriation already voted pursuant to Article 11 Motion 2 of
the 2014 Annual Town Meeting from One Hundred Thirteen Thousand Dollars
($113,000) to One Hundred Thirty Six Thousand Nine Hundred Ninety Nine
Dollars ($136,999) and to meet this appropriation the sum of $23,999 be
transferred from Fund 173.
FINANCE COMMITTEE VOTE: 10-0-0
Barbara Saint Andre, Acting Chairperson of the Finance Committee, moved Article
15 as printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED PASSAGE OF MOTION
Barbara Saint Andre, Acting Chairperson of the Finance Committee, moved a new
Motion 2 as follows:
That the sum of forty nine thousand five hundred thirty six dollars and ninety three
cents ($49,536.93) be appropriated to be spent by the Fire Chief with the approval of
the Board of Selectmen in connection with losses suffered by the Town from an
incident with Ladder 1 and to meet this appropriation the sum of forty nine thousand
five hundred thirty six dollars and ninety three cents ($49,536.93) be transferred
from Fund 173.
ADOPTED UNANIMOUS VOICE VOTE
144Source page 147
ARTICLE 31
AMEND ZONING BOARD’S TABLE OF USE REGULATIONS
(RESTAURANTS)
Article 31 To see if the Town will vote to amend Section E of the Table of Use
Regulations by changing “N” (NO) to “BA” (Board of Appeal permit) for
“restaurant or similar place for the service of food or beverages only to persons
inside a completely enclosed building, with or without regular mechanical or live
entertainment” in a Limited Industrial (LI) District.
Attorney Paul Schneiders and 13 others
PLANNING BOARD MOTION:
MOVED: That Section E of the Table of Use Regulations of the
Zoning By-law be amended by changing “N” to “BA” for “Restaurant or
similar place for the service of food or beverages only to persons inside a
completely enclosed building, with or without regular mechanical or live
entertainment” in a Limited Industrial (LI) District.
PLANNING BOARD VOTE: 4-0-0
.
FINANCE COMMITTEE MOTION:
MOVED: The Finance Committee recommends that the motion
presented by the Planning Board to Town Meeting for Article 31 as written in
the warrant be adopted.
FINANCE COMMITTEE VOTE: 10-0-0
Jeremy Comeau, Chairperson of the Planning Board, moved that the subject matter
of Article 31 be adopted as printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED A SUPERMAJORITY
ARTICLE 32
AMEND ZONING BOARD’S TABLE OF USE REGULATIONS (MOTOR
VEHICLE REPAIR GARAGE)
Article 32 To see if the Town will vote to amend Section H of the Table of Use
Regulations by changing “N” to “Y” for “motor vehicle repair garage” and add the
words “motor vehicle body repair and painting” after “garage” in a Limited
Industrial (LI) district or to take any other action in relation thereto.
Attorney Paul Schneiders and 13 others
145Source page 148
PLANNING BOARD MOTION:
MOVED: That Section H of the Table of Use Regulations of the
Zoning By-law be amended by changing “N” to “BA” for “Motor vehicle repair
garage” in a Limited Industrial (LI) district and by adding the words “motor
vehicle body repair and painting” after “garage”.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE MOTION:
MOVED: The Finance Committee recommends that the motion
presented by the Planning Board to Town Meeting for Article 32 as written in
the warrant be adopted.
FINANCE COMMITTEE VOTE: 10-0-0
Jeremy Comeau, Chairperson of the Planning Board, moved that the subject matter
of Article 32 be adopted as printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 33
AMEND ZONING BOARD’S TABLE OF USE REGULATIONS
(RESTAURANT, OFFICE AND COMMERCIAL AND RETAIL USES)
Article 33 That the Town vote to amend the Table of Use Regulations incorporated
as Attachment A to the Canton Bylaws through Section 3.1.4 thereof to include the
following uses among those that may be permitted, subject to the issuance of a
Special permit by the Canton Zoning Board of Appeals in the Limited Industrial
District (LI) located along Turnpike Street/Route 138. This Amendment would
amend portions of Subsections E, 5 and G of the Table of Use Regulations – relating
to restaurant, office and commercial and retail uses to permit the following uses,
subject to the Zoning Board of Appeals’ issuance of a Special permit, again solely
with respect to the Limited Industrial District located along Turnpike Street/Route
138:
1. Business or professional office or agency, bank or other financial
institution;
2. Office of a doctor or dentist not a resident of the premises, or a group of
such offices;
146Source page 149
3. General or professional services establishment;
4. Store for the sale of goods at retail;
5. Restaurant or similar place for the service of food or beverages only to
persons inside a completely enclosed building, with or without mechanical
or live entertainment; and
6. Fast food establishment.
Petition by/for Michael A. Khoury and 15 others
PLANNING BOARD MOTION:
MOVED: That the Zoning By-law be amended to create a new
Limited Industrial (B) District comprised of the following parcels:
Assessors’ Map 74 - Lots 16, 17
Assessors’ Map 75 - Lots 2, 3, 4, 7,8, 9, 11
Assessors’ Map 76 - Lots 1, 2, 3, 4, 5, 6, 7, 8, 10, 12 13, 14, 15 16,
Assessors’ Map 77 - Lots 1 (Just Eastern portion – includes Wampatuck
Country Club), 2, 3, 4, 5, 6, 7, 8 12, 13, 14
Assessors’ Map 78 - Lots 1, 8, 9, 10, 12, 14, 15, 19 and 32
Assessors’ Map 79 - Lots 132, 134, 140, 141, 142, 143, 146, 147, and 148
Assessors’ Map 88 - Lots 8, 9, 10 and 37
Assessors’ Map 89 - Lots 5, 6, 7, 8, 9, 10, 11, 12, 14 (only a portion), 15 (only a
portion), 20, 22 (only a portion), 23 (only a portion), 24 (only a portion), 25, 26,
27, 28
Assessors’ Map 90 - Lots 1,2, 3, 4, 5, 6, 7, 8, 10 (only a portion), 16, 17
Assessors’ Map 91 – Lots 1, 16
and that the Zoning Map be amended to show the new Limited Industrial (B)
District comprised of the parcels listed above;
and that the Table of Use Regulations incorporated as Attachment A to the
Zoning Bylaw through Section 3.1.4 thereof be amended as follows:
147Source page 150
E. Restaurant Uses SR GR B CB LI LI(B) I POS
N N BA BA N BA BA N
Restaurant or similar place for the
service of food or beverages only to
persons inside a completely enclosed
building, with or without regular
mechanical or live entertainment
Fast food establishment N N BA BA N BA BA N
F. Commercial and Office Uses SR GR B CB LI LI(B) I POS
Kennel, animal or N N N N N N Y N
veterinary hospital
Funeral parlor or undertaking N BA Y Y N N Y N
establishment
Business or professional office or agency, N N Y Y N BA Y N
bank or other financial institution
N N Y Y N BA Y N
Office of a doctor or dentist not a resident
of the premises, or a group of such offices
Office for executive or N N Y Y Y Y Y N
administrative purposes only
N N BA BA BA BA BA N
Educational use, nonexempt
N N BA Y Yt Y Y N
Hotel or motel
N N Y Y N BA Y N
General or personal service establishment
N N Y Y N N Y N
Trade shop
F. Commercial and Office Uses
(continued) SR GR B CB LI LI(B) I POS
Printing or publishing establishment, N N Y Y Y Y Y N
with not more than five thousand (5000)
square feet of total floor area per
establishment used for production and
storage (exclusive of area used for office
or sales purposes)
Printing or publishing N N N N Y Y Y N
establishment, without limitation
on floor area
148Source page 151
Parking area for which no fee is N SP Y Y N N N N
charged provided that such area is
located on a lot directly adjacent to a
Non-Residential District
Telecommunication facilities N N N N BA BA BA N
G. Retail Uses SR GR B CB LI LI (B) I POS
Store for the sale of goods at retail with N N Y Y N BA Y N
maximum of 20,000 SF
Showroom for building supplies N N Y Y N N Y N
(including plumbing, heating and
ventilation equipment), with storage
limited to floor (samples only unless
additional storage is allowed by
Special Permit granted by the Zoning
Board of Appeals
N N Y Y N N Y N
Salesroom for boats, trailers, trucks,
farm implements, or machinery, with no
repair services
Wholesale office or showroom, with N N Y Y N N Y N
storage limited to floor samples only
unless additional storage is allowed
by Special Permit granted by the
Zoning Board of Appeals
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE MOTION:
MOVED: The Finance Committee recommends that the motion
presented by the Planning Board to Town Meeting for Article 33 as written in
the warrant be adopted.
FINANCE COMMITTEE VOTE: 8-2-0
Jeremy Comeau, Chairperson of the Planning Board, moved that the subject matter
of Article 33 be adopted as printed in the warrant.
149Source page 152
Attorney Paul Schneiders moved to amend the motion by changing the “N” to “BA”
under column LI on the restaurant line of table E. Restaurant Uses, to read as
follows:
E. Restaurant Uses SR GR B CB LI LI(B) I POS
Restaurant or similar place for the N N BA BA BA BA BA N
service of food or beverages only to
persons inside a completely enclosed
building, with or without regular
mechanical or live entertainment
N N BA BA N BA BA N
Fast food establishment
ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 40
A MUNICIPAL COMPENSATION/JOB DESCRIPTION STUDY
Article 40 To see if the Town will vote to raise and appropriate, transfer from
available funds or borrow pursuant to any applicable statute a sum of money to be
expended under the direction of the Human Resources Department for professional
services to conduct a Town staffing study to be conducted for all full and part time
permanent municipal positions in regards to compensation and job descriptions, or
take any other action related thereto.
Board of Selectmen for the Human Resource Administrator
MOVED: That the sum of Fifty Thousand Dollars ($50,000) be
transferred from Free Cash in the Treasury of the Town to be expended under
the direction of the Human Resources Department with the approval of the
Board of Selectmen for professional services to conduct a Town staffing study to
be conducted for all full and part time permanent municipal positions in
regards to compensation and job descriptions. It is the intent that said funds
shall be available in fiscal year 2015.
FINANCE COMMITTEE VOTE: 7-4-0
150Source page 153
Barbara Saint Andre, Acting Chairperson of the Finance Committee, moved Article
40 as printed in the warrant.
ADOPTED 82 IN FAVOR – 70 OPPOSED
ARTICLE 17
INCREASE STABILIZATION FUND
Article 17 To see what sums of money the Town will vote to raise and appropriate
or transfer from any available funds or borrow pursuant to any applicable statute, in
order to increase any Stabilization Fund of the Town established pursuant to MGL
Chapter 40, section 5B, or to take any other action related thereto.
Board of Selectmen for the Finance Director
MOTION 1
MOVED: That the sum of One Hundred Thousand Dollars ($100,000)
be transferred for the Fiscal Year ending June 30, 2015 from Free Cash in the
Treasury of the Town to the Special Education Stabilization Fund.
FINANCE COMMITTEE VOTE: 11-0-0
Barbara Saint Andre, Acting Chairperson of the Finance Committee, moved Article
17, Motion 1 as printed in the warrant.
ADOPTED VOICE VOTE, MORE THAN TWO THIRDS
MOTION 2
MOVED: That the sum of Six Hundred Thousand Dollars ($600,000)
be transferred for the Fiscal Year ending June 30, 2015 from Free Cash of the
Town to the Town Stabilization Fund.
FINANCE COMMITTEE VOTE: 11-0-0
Barbara Saint Andre, Acting Chairperson of the Finance Committee, moved Article
17, Motion 2 as printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
151Source page 154
ARTICLE 20
TRANSFER OF A PORTION OF SPECIAL EDUCATION STABILIZATION
FUND TO SUPPLEMENT SPECIAL EDUCATION BUDGET DEFICIT
Article 20 To see if the town will vote to raise and appropriate, transfer from
available funds such as the School Special Education Stabilization Fund, or borrow
pursuant to any applicable statute a sum of money for use by the School Committee
to offset, in whole or in part, the special education deficit in the school department
FY 15 operating budget, or to take any other action related thereto.
Board of Selectmen for the School Committee
MOVED: That Eighty Thousand Dollars ($80,000) be transferred
from the School Special Education Stabilization Fund for use by the School
Committee to offset the special education deficit in the School Department FY15
operating budget.
FINANCE COMMITTEE VOTE: 10-0-0
Barbara Saint Andre, Acting Chairperson of the Finance Committee, moved Article
20 as printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 6
PERSONAL SERVICE CONTRACTS UNDER THE BOARD OF SELECTMEN
Article 6 To see if the town will vote, in accordance with Article IV, Section 16 of
the Canton General By-Laws, to raise and appropriate, transfer from available funds,
or borrow pursuant to any applicable statute, such sums of money as may be
necessary to fund new cost items contained in contracts for personal services with
any individual employee, or to take any other action related thereto.
Board of Selectmen
MOVED: That the sum of Sixty Nine Thousand Seven Hundred
Eighty Four Dollars ($69,784) be raised and appropriated from the fiscal year
2016 tax levy and other general revenues of the Town in order to fund cost
items, not included in departmental budgets appropriated for fiscal year 2016,
to Department #910’s budget for agreements with individual employees or
152Source page 155
groups of employees entered into by the Board of Selectmen as may be reached
after the conclusion of this town meeting between the Town of Canton and with
individual employees or groups of employees serving under its jurisdiction, such
sums to be allocated to pay for the relevant departments’ payroll expenses from
budget classification Department #910 as determined by the Finance Director.
FINANCE COMMITTEE VOTE: 11-0-0
Barbara Saint Andre, Acting Chairperson of the Finance Committee, moved Article
6 as printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 11
AUTHORIZE CERTAIN REVOLVING FUNDS
Article 11 To see what revolving funds pursuant to c. 44, section 53E ½ of the
General Laws of the Commonwealth the town will authorize or reauthorize, for
various boards, commissions or departments of the town, for the fiscal year
beginning July 1, 2015 and ending June 30, 2016, or to take any other action related
thereto.
Board of Selectmen
MOTION 1
MOVED: That the following revolving funds are hereby established
pursuant to the provisions of MGL chapter 44, section 53 E ½ for the 2016
Fiscal Year beginning July 1, 2015 through June 30, 2016 and that each
Revolving Fund shall be credited with the balance remaining in such fund at the
end of FY 2015.
153Source page 156
Name of FY 16
Revolving Revolving Spending Revenue Spending
Fund # Fund Authority Sources Use of Funds Limit
Pequitside Conservation Rental of Maintaining, $50,000
Farm Rentals Commission Pequitside Farm, improving & annually
Rental of Little renovation of
Red House, property,
Rental of Rooms payment of
in Main salaries for time
1
Building, Rental spent arranging
of Rooms in rentals.
Tavern or any
other portion of
building or
grounds.
Veteran's Veterans' Contributions, Providing $100,000
Services Services Donations, Gifts, services to annually
Special Director Grants. veterans not
Revenues funded under
established
program,
including but
not limited to
newsletter
publication,
monthly
breakfasts,
funeral services,
2 other
commemorative
programs and
other purposes
in the opinion of
the Veterans'
Director in the
best interests of
Canton
Veterans.
154Source page 157
Name of FY 16
Revolving Revolving Spending Revenue Spending
Fund # Fund Authority Sources Use of Funds Limit
Fire Alarm Fire Chief Fees received by Payment of bills $10,000
Relocation it from, or on and charges annually
behalf of incurred in
Commonwealth, connection with
3 any public relocation of fire
utility, any other alarm signal
business entity, wires, devices &
or any individual other
person. appurtenances.
COA Council on Donations and Payment of bills $50,000
Revolving Aging other fees and charges in annually
Fund received for connection with
various various
4
programs programs
sponsored by the sponsored by the
Council on Council on
Aging. Aging.
Board of Board of Contributions, Providing $50,000
Health Health donations, gifts, services to annually
Special grants, Canton citizens
Revenues reimbursements. not otherwise
funded under
established
program,
including but
5 not limited to flu
vaccinations,
child and
teenage health
education &
development
programs and
elderly health
programs.
Animal Animal Adoption and Payment for $50,000
Control Control boarding fees. veterinary annually
Special Officer services and
6
Revenues payments to
Animal Control
Officer.
155Source page 158
Name of FY 16
Revolving Revolving Spending Revenue Spending
Fund # Fund Authority Sources Use of Funds Limit
Library Board of Fees for rental Paying bills, $50,000
Building Library and use of connected with annually
Rentals Trustees Community or the providing of
other assembly maintenance and
rooms used for supply of
meetings, facilities and for
programs or the support and
other events, safe conduct of
including said programs
7
payments for use and events.
of facilities and
conveniences in
conjunction with
use of spaces, as
may be
established by
the Board of
Library Trustees.
Student School Fees paid by Payment of bills $100,000
Parking Fees Committee students to park and charges to annually
their vehicles at maintain the
8
Canton High high school
School. parking lots and
grounds.
Greenlodge Board of Fees paid by Payment of bills $100,000
Street Selectmen residents and and charges to annually
Parking Fees non-residents to maintain the
park their program,
vehicles along provided
9
Greenlodge however the first
Street. $35,000 of
receipts is to be
transferred to the
General Fund.
Beautification Beautification Fees received Payment of $10,000
Fund Committee from the sale of services required annually
bricks. to install bricks
10
and for other
beautification
projects.
156Source page 159
Name of FY 16
Revolving Revolving Spending Revenue Spending
Fund # Fund Authority Sources Use of Funds Limit
Library Board of Fees received for Payment of bills $50,000
Revolving Library processing and charges for annually
Fund Trustees passport processing
applications, passport
loss, damage or applications,
late return of purchasing
borrowed books and other
materials, library materials
replacement of for public loan.
borrower cards,
11 or any other such
fees as may be
established by
the Board of
Library Trustees,
for the purpose
of and consistent
with maintaining
a fair and
efficient library
loan system.
Youth Youth Donations. Payment of $10,000
Commission Commission scholarships and annually
12 Fund other expenses
related to youth
activities.
FINANCE COMMITTEE VOTE: 8-0-0
Barbara Saint Andre, Acting Chairperson of the Finance Committee, moved Article
11, Motion 1 as printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
157Source page 160
MOTION 2
MOVED: That the following revolving fund is hereby established
pursuant to the provisions of MGL chapter 44, section 53 E ½ for the 2016
Fiscal Year beginning July 1, 2015 through June 30, 2016 and that by
establishing this revolving fund General By-Law Article VIII Section 11 is
hereby deleted in its entirety and that said Revolving Fund shall be credited
with the balance remaining in such fund at the end of FY 2015:
Name of FY 16
Revolving Revolving Spending Revenue Spending
Fund # Fund Authority Sources Use of Funds Limit
Recreation Recreation Fees received Payment of bills $300,000
Revolving Director for various and charges in annually
Fund programs connection with
13 sponsored by programs
Parks & sponsored by
Recreation. Parks &
Recreation.
FINANCE COMMITTEE VOTE: 8-0-0
Barbara Saint Andre, Acting Chairperson of the Finance Committee, moved Article
11, Motion 2 as printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
158