Canton, Massachusetts · Saved source text
2017 Annual Report
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Source page 161
ARTICLE 27
RECOMMENDATIONS OF THE COMMUNITY PRESERVATION COMMITTEE
Article 27 To see if the Town will vote to adopt and approve the
recommendations of the Community Preservation Committee for Fiscal Year 2018
and to see if the Town will vote to implement such recommendations by
appropriating a sum or sums of money from the Community Preservation Fund
established pursuant to Chapter 44B of the General Laws, or otherwise to raise
and appropriate, transfer from available funds or borrow pursuant to any
applicable statute a sum of money for such purposes; to authorize the Board of
Selectmen, with the approval of the Community Preservation Committee, to
acquire by purchase, gift or eminent domain such real property and property
interests in the name of, or enforceable by the Town, including perpetual
affordable housing restrictions, conservation restrictions and historical
preservation restrictions, and to dispose of Town property or portions thereof or
interests therein, all as may be required by the Community Preservation Act and
Chapter 184 of the General Laws and as may be necessary or appropriate to carry
out the recommendations of the Community Preservation Committee; or to take
any other action related thereto.
Board of Selectmen for the Community Preservation Committee
COMMUNITY PRESERVATION COMMITTEE MOTION 1
MOVED: That the sum of Thirty Thousand Dollars ($30,000) be
appropriated from the FISCAL YEAR 2018 Community Preservation Fund
revenues for the administrative expenses of the Community Preservation
Committee in FISCAL YEAR 2018.
FINANCE COMMITTEE VOTE: 8-0-0
George Comeau, Chairperson of the Community Preservation Committee, moved
Article 27, Motion 1 as printed in the warrant.
Motion seconded.
VOTED: Article 27, Motion 1 adopted as printed.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
COMMUNITY PRESERVATON COMMITTEE MOTION 2
MOVED: That the following fund transfers be hereby made in
FISCAL YEAR 2018 as recommended by the Community Preservation
Committee:
A. Sixty Thousand Dollars ($60,000) be transferred from
FISCAL YEAR 2018 receipts of the Community
Preservation Fund into the Fund Balance Reserved for
Open Space;
B. Sixty Thousand Dollars ($60,000) be transferred from
FISCAL YEAR 2018 receipts of the Community
158Source page 162
Preservation Fund into the Fund Balance Reserved for
Historic Resources;
C. Sixty Thousand Dollars ($60,000) be transferred from
FISCAL YEAR 2018 receipts of the Community
Preservation Fund into the Fund Balance Reserved for
Community Housing; and
D. Three Hundred Ninety Thousand Dollars ($390,000) be
transferred from FISCAL YEAR 2018 receipts of the
Community Preservation Fund into the Undesignated Fund
Balance Reserved for Community Preservation Act.
FINANCE COMMITTEE VOTE: 8-0-0
George Comeau, Chairperson of the Community Preservation Committee, moved
Article 27, Motion 2 as printed in the warrant.
Motion seconded.
VOTED: Article 27, Motion 2 adopted as printed.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
COMMUNITY PRESERVATION COMMITTEE MOTION 3
MOVED: That the sum of One Hundred Forty Eight Thousand
Nine Hundred Seventy Five Dollars ($148,975) be appropriated to be
spent by the Board of Selectmen for the purpose of the installation of a
copper roof on the historic Revere Rolling Mill at the Paul Revere
Heritage site and to fund this appropriation One Hundred Forty Eight
Thousand Nine Hundred Seventy Five Dollars ($148,975) be transferred
from the Undesignated Fund Balance Reserved for Community
Preservation Act.
FINANCE COMMITTEE VOTE: 8-0-0
George Comeau, Chairperson of the Community Preservation Committee, moved
Article 27, Motion 3 as printed in the warrant.
Motion seconded.
VOTED: Article 27, Motion 3 adopted as printed.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
COMMUNITY PRESERVATION COMMITTEE MOTION 4
MOVED: That the sum of Thirty Five Thousand Dollars
($35,000) be transferred from the Fund Balance Reserved for Historic
Resources for Community Preservation Act to be spent by the Library
159Source page 163
Director with the approval of the Board of Selectmen for the restoration
and preservation of the Washington Street Library entrance.
FINANCE COMMITTEE VOTE: 8-0-0
George Comeau, Chairperson of the Community Preservation Committee, moved
Article 27, Motion 4 as printed in the warrant.
Motion seconded.
VOTED: Article 27, Motion 4 adopted as printed.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
COMMUNITY PRESERVATION COMMITTEE MOTION 5
MOVED: That the sum of Twenty Eight Thousand Dollars
($28,000) be appropriated to be spent by the Conservation Agent with
the approval of the Board of Selectmen for professional services for an
architectural study and code assessment of the historic Pequitside Barn,
and to fund this appropriation Twenty Five Thousand Dollars ($25,000)
be transferred from the fund Balance Reserved for Historic Resources
and Three Thousand Dollars ($3,000) be transferred from the
Undesignated Fund Balance Reserved for Community Preservation Act.
FINANCE COMMITTEE VOTE: 8-0-0
George Comeau, Chairperson of the Community Preservation Committee, moved
Article 27, Motion 5 as printed in the warrant.
Motion seconded.
VOTED: Article 27, Motion 5 adopted as printed.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
COMMUNITY PRESERVATION COMMITTEE MOTION 6
MOVED: That the sum of Eighty Thousand Dollars ($80,000) be
appropriated to be spent by the Canton Housing Authority for the
purpose of installing exhaust fans at the Rubin Court Senior Housing
Complex and to fund this appropriation Eighty Thousand Dollars
($80,000) be transferred from the Fund Balance Reserved for Community
Housing.
FINANCE COMMITTEE VOTE: 8-0-0
George Comeau, Chairperson of the Community Preservation Committee, moved
Article 27, Motion 6 as printed in the warrant.
Motion seconded.
VOTED: Article 27, Motion 6 adopted as printed.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
160Source page 164
COMMUNITY PRESERVATION COMMITTEE MOTION 7
MOVED: That the sum of Four Hundred One Thousand Three
Hundred Dollars ($401,300) be appropriated to be spent by the Parks
and Recreation Director with the approval of the Board of Selectmen for
the purpose of the restoration of the Devoll and Tilden Playgrounds and
to fund this appropriation Four Hundred One Thousand Three Hundred
Dollars ($401,300) be transferred from the Undesignated Fund Balance
Reserved for Community Preservation Act.
FINANCE COMMITTEE VOTE: 8-0-0
George Comeau, Chairperson of the Community Preservation Committee, moved
Article 27, Motion 7 as printed in the warrant.
Motion seconded.
VOTED: Article 27, Motion 7 adopted as printed.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
COMMUNITY PRESERVATION COMMITTEE MOTION 8
MOVED: That the sum of One Hundred Seventy Three
Thousand Five Hundred Dollars ($173,500) be appropriated to be spent
by the School Committee with the approval of the Building Renovations
Committee and to fund this appropriation One Hundred Seventy Three
Thousand Five Hundred Dollars ($173,500) be transferred from the
Undesignated Fund Balance Reserved for Community Preservation Act for
the purpose of the construction of bathroom and storage facilities at the
Kennedy Elementary School fields.
FINANCE COMMITTEE VOTE: 9-0-0
George Comeau, Chairperson of the Community Preservation Committee, moved
Article 27, Motion 8 as printed in the warrant.
Motion seconded.
VOTED: Article 27, Motion 8 adopted as printed.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
COMMUNITY PRESERVATION COMMITTEE MOTION 9
MOVED: That the sum of One Hundred Fifty Thousand Dollars
($150,000) be appropriated to be spent by the Conservation Agent and
the Town Planner with the approval of the Board of Selectmen for
professional services for three separate planning projects: an open
space and recreation plan, a comprehensive trails plan and a Newhouse
Waterfront landscape plan; and to fund this appropriation One Hundred
Ten Thousand Dollars ($110,000) be transferred from the fund Balance
Reserved for Open Space and Recreation and Forty Thousand Dollars
161Source page 165
($40,000) be transferred from the Undesignated Fund Balance Reserved
for Community Preservation Act
FINANCE COMMITTEE VOTE: 8-0-0
George Comeau, Chairperson of the Community Preservation Committee, moved
Article 27, Motion 9 as printed in the warrant.
Motion seconded.
VOTED: Article 27, Motion 9 adopted as printed.
ADOPTED SHOW OF HANDS, MODERATOR DECLARED MOTION ADOPTED
COMMUNITY PRESERVATION COMMITTEE MOTION 10
MOVED: That the sum of Twenty Thousand Dollars ($20,000)
be appropriated to be spent by the Town Planner with the approval of the
Board of Selectmen for a permanent conservation restriction for the Paul
Revere Heritage Site and to fund this appropriation Twenty Thousand
Dollars ($20,000) be transferred from the fund Balance Reserved for
Open Space and Recreation.
FINANCE COMMITTEE VOTE: 8-0-0
George Comeau, Chairperson of the Community Preservation Committee, moved
Article 27, Motion 10 as printed in the warrant.
Motion seconded.
VOTED: Article 27, Motion 10 adopted as printed.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
ARTICLE 28
VOTE TO ESTABLISH A SOLAR FACILITY STABILIZATION FUND
Article 28 To see if the town will vote to establish a solar facility
stabilization fund and to appropriate and raise by taxation, by transfer from
available funds or by transfer from Free Cash, a sum of money for the Solar
Facility Stabilization Fund, or to take any action related thereto.
Board of Selectmen
MOVED: That the Town establish a Solar Facility Stabilization
Fund in the Treasury of the Town pursuant to Chapter 40 section 5B of
the general laws in order to set aside funds for shortfalls incurred when
payments by the Town to the solar provider at the landfill exceed the net
metering credits received by the Town for the solar electricity generated
at this solar facility.
FINANCE COMMITTEE VOTE: 5-0-0
162Source page 166
Barbara Saint Andre, Chairperson of the Finance Committee, moved Article 28 as
printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED MORE THAN TWO-
THIRDS
ARTICLE 29
TERMINATE AND RE-ALLOCATE SPECIAL EDUCATION STABILIZATION
FUND
Article 29 To see if the town will (i) terminate the previously
established Special Education Stabilization Fund pursuant to MGL Chapter 40,
Section 5B and replace it with a new Special Education Reserve Account under the
Municipal Modernization Act pursuant to Session Laws: Chapter 218 of the Acts
of 2016, Section 13D and (ii) re-allocate the existing balance in the Special
Education Stabilization Fund to the new Special Education Reserve Account, or
to take any other action related thereto.
Board of Selectman for School Committee
MOVED: That a new Special Education Reserve Account be
hereby established in the treasury of the Town pursuant to the Municipal
Modernization Act Chapter 218 of the Acts of 2016, Section 24,
establishing G.L. c. 40 section 13E; and
that the amount of One Hundred Eleven Thousand One Hundred Forty Six
Dollars ($111,146) be transferred from the existing Special Education
Stabilization Fund (Org. #68011) previously established pursuant to MGL
Chapter 40, Section 5B; to the Special Education Reserve Account
established pursuant to this motion; and
that the existing Special Education Stabilization Fund (Org. #68011)
previously established pursuant to MGL Chapter 40, Section 5B be
terminated and repealed.
FINANCE COMMITTEE VOTE: 8-0-0
Barbara Saint Andre, Chairperson of the Finance Committee, moved Article 29 as
printed in the warrant.
ADOPTED SHOW OF HANDS, MODERATOR DECLARED MORE THAN TWO-
THIRDS
ARTICLE 30
VOTE TO APPROVE FUNDS TO REPLACE ROOF AT LT. PETER M. HANSEN
SCHOOL
Article 30 To see if the Town will vote to appropriate and raise by
taxation, transfer from available funds, or transfer from Free Cash, or to
authorize the Town Treasurer with the approval of the Board of Selectmen, to
borrow (and to issue bonds or notes therefore) a sum of money to be expended
under the direction of the Building Renovation Committee for the replacement of
163Source page 167
42,890 square feet of the roof on the Lt. Peter M. Hansen Elementary School, 25
Pecunit Street, Canton, Massachusetts, 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 and for
which the Town may be eligible for a school construction grant from the
Massachusetts School Building Authority (“MSBA”). The Town acknowledges that
the MSBA’s 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. Any grant that the Town may receive from the MSBA
for the Project shall not exceed the lesser of (1) forty-four and 48/100 percent
(44.48%) of eligible, approved project costs, as determined by the MSBA, or (2)
the total maximum grant amount determined by the MSBA, or to take any other
action related thereto.
Board of Selectmen for the School Committee
MOVED: That One Million Seven Hundred Forty Thousand
Dollars ($1,740,000) be appropriated, to be expended by the School
Committee under the direction of the Building Renovation Committee for
the replacement of 42,890 square feet of roof on the Lt. Peter M. Hansen
Elementary School, 25 Pecunit Street, Canton, Massachusetts 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 the Town may be eligible for a
grant from the Massachusetts School Building Authority (“MSBA”); 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, One Million Seven
Hundred Forty Thousand Dollars ($1,740,000) and to accept any MSBA
grant therefor and furthermore, any premium received by the Town upon
the sale of any bonds or notes approved by this vote, less any such
premium applied to the payment of the costs of issuance of such bonds
or notes, may be applied to the payment of the costs approved by this
vote in accordance with Chapter 44, Section 20 of the General Laws,
thereby reducing the amount authorized to be borrowed by a like
amount; 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) forty-four and 48/100 percent (44.48%) of eligible,
approved projects 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 until the Town shall have entered into
a Project Funding Agreement for this 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: 8-0-0
164Source page 168
Barbara Saint Andre, Chairperson of the Finance Committee, moved Article 30 as
printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED MORE THAN TWO
THIRDS
ARTICLE 31
VOTE TO APPROVE FUNDS TO UPDATE THE TOWN’S HAZARD MITIGATION
PLAN
Article 31 To see if the town will vote to raise and appropriate, transfer
from available funds, transfer from Free Cash, or borrow pursuant to any
applicable statute, a sum of money to be spent by the Board of Selectmen to
engage consulting engineering services for the purpose of updating the town's
Hazard Mitigation Plan and expenses related thereto, or to make improvements
recommended in said Plan, or to take any other action related thereto.
Board of Selectmen
MOVED: That the subject matter of Article 31 as printed in the
warrant be indefinitely postponed.
FINANCE COMMITTEE VOTE: 5-0-0
MOTION TO POSTPONED APPROVED UNDER THE CONSENT AGENDA
ARTICLE 32
VOTE TO APPROVE FUNDS FOR FLOWERS/MEMORIALS FOR COMMUNITY
RECOGNITION
Article 32 To see if the Town will vote to raise and appropriate by
transfer from available funds or by transfer from Free Cash, a sum of money for
flowers or memorials for community recognition relating to present or former
employees and town officials and to authorize the Board of Selectmen to
determine when such recognition is done for a public purpose; or to take any
other action related thereto.
Board of Selectmen
MOVED: That the sum of Five Thousand Dollars ($5,000) be
transferred from Free Cash (Undesignated Fund Balance) for the Board of
Selectmen to expend, for flowers, memorials or other means of
recognition for community recognition relating to present or former
employees, town officials, veterans and other community members and
that the Board of Selectmen are authorized to determine when such
recognition is done for a public purpose.
FINANCE COMMITTEE VOTE: 5-0-0
MOTION ADOPTED UNDER THE CONSENT AGENDA, AS WRITTEN
165Source page 169
ARTICLE 33
AMEND SECTION 13 OF ARTICLE VIII OF THE TOWN’S GENERAL BY-
LAWS
Article 33 To see if the Town will vote to amend its General By-laws by
deleting Section 13 of Article VIII and inserting in place thereof the following:
Section 13. Denial, Revocation or Suspension of Local Licenses and
Permits 8-13/8-13b
(a) Any Town agency may deny any application for, or revoke or suspend a
building permit, or any local license or permit including renewals and
transfers issued by any board, officer, department for any person,
corporation or business enterprise, who has neglected or refused to pay
any local taxes, fees assessments, betterments or any other municipal
charges, including amounts assessed under MGL Chapter 40 Section 21D
or with respect to any activity, event or other matter which is the subject
of such license or permit and which activity, event, or matter is carried
out or exercised on or about real estate whose owner has neglected or
refused to pay any local taxes, fees assessments, betterments or any
other municipal charges.8-13a
The Collector-Treasurer or other municipal official responsible for the
records of all municipal taxes, assessments, betterments and other
municipal charges, hereinafter referred to as the Collector-Treasurer
shall annually and may periodically furnish to each department, Board,
Commission or division, hereinafter referred to as the licensing authority,
that issues licenses or permits including renewals and transfers, a list of
any person, corporation, or business enterprise, hereinafter referred to
as the party, that has neglected or refused to pay any local taxes, fees,
assessments, betterments or other municipal charges and that such
party has not filed in good faith a pending application for an abatement
of such tax or a pending petition before the Appellate Tax Board.
(b) The licensing authority may deny, revoke or suspend any license or
permit, including renewals and transfers of any party whose name
appears on said list furnished to the licensing authority from the
Collector-Treasurer with respect to any activity, event or matter which is
the subject of such license or permit and which activity is carried out or
exercised or is to be carried out or exercised on or about the real estate
owned by any party whose name appears on said list furnished to the
licensing authority from the Collector-Treasurer; provided, however, that
written notice is given to the party and the Collector-Treasurer, as
required by applicable provisions of the law, and the party is given a
hearing, to be held not earlier than fourteen days after said notice. Said
list shall be prima facie evidence for denial, revocation or suspension of
8-13
Inserted under article 14, ATM 1992.
8-13b
As amended under article 21, ATM May 16, 1994.
8-13a
Inserted under article 29, ATM May 14, 1997.
166Source page 170
said license or permit to any party. The Collector-Treasurer shall have
the right to intervene in any hearing conducted with respect to such
license denial, revocation or suspension. Any findings made by the
licensing authority with respect to such license denial, revocation or
suspension shall be made only for the purposes of such proceeding and
shall not be relevant to or introduced in any other proceeding at law,
except for any appeal from any such denial, revocation or suspension.
Any license or permit denied, suspended or revoked under this section
shall not be reissued or renewed until the license authority receives a
certificate issued by the Collector-Treasurer that the party is in good
standing with respect to any all local taxes, fees, assessments,
betterments or other municipal charges, payable to the municipality as
of the date of issuance of said certificate.
(c) Any party shall be given an opportunity to enter into a payment
agreement, thereby allowing the licensing authority to issue a certificate
indicating said limitations to the license or permit and the validity of said
license shall be conditioned upon the satisfactory compliance with said
agreement. Failure to comply with said agreement shall be grounds for
the suspension or revocation of said license or permit; provided,
however, that the holder be given notice and a hearing as required by
applicable provisions of law.
(d) The Board of Selectmen may waive such denial, suspension or revocation
if it finds that there is no direct or indirect business interest by the
property owner, its officers or stockholders, if any, or members of his or
her immediate family, as defined in section one of chapter two hundred
sixty-eight in the business or activity conducted in or on said property.
This section shall not apply to the following licenses and permits: open
burning; section thirteen of chapter forty-eight; bicycle permits; section eleven A
of chapter eighty-five; sales of articles for charitable purposes, section thirty-
three of chapter one hundred and one; children work permits, section sixty-nine
of chapter one hundred and forty- nine; clubs, associations dispensing food or
beverage licenses, section twenty-one E of chapter one hundred forty-nine; dog
licenses, section one hundred and thirty-seven of chapter one hundred and forty;
fishing, hunting, trapping license, section twelve of chapter one hundred and
thirty-one; marriage licenses, section twenty-eight of chapter two hundred and
seven; and theatrical events, public exhibition permits, section one hundred and
eighty-one of chapter one hundred and forty, or to take any other action related
thereto.
Board of Selectmen
MOVED: That the General By-laws be amended by deleting
Section 13 of Article VIII and inserting in place thereof a new Section 13
as set forth in the Warrant.
FINANCE COMMITTEE VOTE: 8-0-0
MOTION ADOPTED UNDER THE CONSENT AGENDA, AS WRITTEN
167Source page 171
ARTICLE 34
VOTE TO AMEND WETLANDS PROTECTION BY-LAW
Article 34 To see if the Town will vote to amend General By-laws
Article XV, Wetlands Protection By-law, as follows:
1. By inserting the following language into Section 3. Exceptions between
the first and second paragraphs as a new second paragraph:
“The permit and application required by this Wetlands Protection By-law
shall not be required for vista pruning, provided the activity occurs more
than 50 feet from the mean annual high water line within a Riverfront
Area or from Bordering Vegetated Wetland, whichever is farther, or for
vegetation cutting for public safety limited to the removal of diseased or
damaged trees or branches that pose an immediate and substantial
threat”. (Pruning of landscape areas is not subject to jurisdiction under
this Article XV).
2. By inserting the following language (shown in bold) into Section 5.
Notice and Hearings:
“Any person filing an application or request for determination with the
Commission at the same time shall give written notice thereof, by
certified mail, certificates of mailing, or hand delivery…”
Or to take any other action related thereto.
Board of Selectmen for the Conservation Commission
MOVED: That the General By-laws, Article XV, Wetlands
Protection By-law, be amended as follows:
1. By inserting the following language into Section 3. Exceptions
between the first and second paragraphs as a new second
paragraph:
“The permit and application required by this Wetlands Protection
By-law shall not be required for vista pruning, provided the
activity occurs more than 50 feet from the mean annual high
water line within a Riverfront Area or from Bordering Vegetated
Wetland, whichever is farther, or for vegetation cutting for public
safety limited to the removal of diseased or damaged trees or
branches that pose an immediate and substantial threat”.
(Pruning of landscape areas is not subject to jurisdiction under
this Article XV).
2. By inserting the following language (shown in bold) into Section
5. Notice and Hearings:
“Any person filing an application or request for determination
with the Commission at the same time shall give written notice
thereof, by certified mail, certificates of mailing, or hand
delivery…”
FINANCE COMMITTEE VOTE: 9-0-0
168Source page 172
Barbara Saint Andre, Chairperson of the Finance Committee, moved Article 34 as
printed in the warrant.
ADOPTED MAJORITY SHOW OF HANDS, MODERATOR DECLARED MOTION
CARRIED
ARTICLE 35
VOTE TO AUTHORIZE THE LEASING OF THE TILDEN HOUSE
Article 35 To see if the Town will vote to transfer to the Board of
Selectmen the care and custody of the building known as the Tilden House
pursuant to G.L. c. 40, section 15A, as approved by the Conservation Commission
and the Historical Commission, for the purposes of leasing the Tilden House; to
authorize the Board of Selectmen, as approved by the Conservation Commission
and the Historical Commission, to lease the Tilden House and land related thereto
for a term not to exceed thirty (30) years for any municipal purpose, including
but not limited to for the preservation, rehabilitation, reconstruction and
restoration of the Tilden House and other historical or recreational purposes, all
on terms and conditions determined by the Board of Selectmen to be in the best
interest of the Town, provided that upon the expiration or termination by the
Board of Selectmen of such lease, the care and custody of the Tilden House and
land related thereto shall automatically revert to the full care, custody,
management and control of the Conservation Commission without need for any
further Town Meeting vote; to authorize the Board of Selectmen to undertake any
actions deemed by the Board of Selectmen to be necessary to effectuate the
purposes of this article, including but not limited to to request Town
representatives in the General Court to file with the General Court a home rule
petition for the enactment of legislation as may be necessary to confirm Town
authority to lease the Tilden House and any land related thereto under Article 97
of the Amendments to the Constitution of the Commonwealth of Massachusetts;
to authorize the General Court, with approval by the Board of Selectmen, to make
constructive changes in language as may be necessary or advisable towards
perfecting the intent of the legislation to secure passage; or to take any other
action related thereto.
Board of Selectmen for the Historical Commission and the Conservation
Commission
MOVED: That the care and custody of the building known as
the Tilden House be transferred to the Board of Selectmen pursuant to
G.L. c. 40, section 15A, as approved by the Conservation Commission and
the Historical Commission, for the purposes of leasing the Tilden House;
that the Board of Selectmen, as approved by the Conservation
Commission and the Historical Commission, be authorized to lease the
Tilden House and land related thereto for a term not to exceed thirty (30)
years for any municipal purpose, including but not limited to for the
preservation, rehabilitation, reconstruction and restoration of the Tilden
House and other historical or recreational purposes, all on terms and
conditions determined by the Board of Selectmen to be in the best
interest of the Town, provided that upon the expiration or termination by
169Source page 173
the Board of Selectmen of such lease, the care and custody of the Tilden
House and land related thereto shall automatically revert to the full care,
custody, management and control of the Conservation Commission
without need for any further Town Meeting vote;
that the Board of Selectmen be authorized to undertake any actions
deemed by the Board of Selectmen to be necessary to effectuate the
purposes of this article, including but not limited to to request Town
representatives in the General Court to file with the General Court a
home rule petition for the enactment of legislation as may be necessary
to confirm Town authority to lease the Tilden House and any land related
thereto under Article 97 of the Amendments to the Constitution of the
Commonwealth of Massachusetts;
and that the General Court be authorized, with approval by the Board of
Selectmen, to make constructive changes in language as may be
necessary or advisable towards perfecting the intent of the legislation to
secure passage.
FINANCE COMMITTEE VOTE: 5-0-0
ADOPTED SHOW OF HANDS, MODERATOR DECLARED MORE THAN TWO-
THIRDS
ARTICLE 36
RETIRED POLICE OFFICERS
Article 36 To see if the Town will vote to authorize the Board of
Selectmen to petition the General Court for the special legislation set forth below;
provided, however, that the General Court may with the approval of the Board of
Selectmen, make constructive changes in language as may be necessary or
advisable towards perfecting the intent of this legislation in order to secure
passage;
An Act Relative to the Appointment of Retired Police Officers in the Town of
Canton.
Section 1. The Police Chief of Canton may appoint, as he deems
necessary, retired Canton police officers as special police officers for the purpose
of performing police details or any police duties arising therefrom or during the
course of police detail work, regardless of whether or not related to the detail
work. The retired police officers must have been regular Canton police officers
and retired based upon superannuation. The special police officers shall be
subject to the same maximum age restriction as applied to regular police officers
under chapter 32 of the General Laws. A special police officer must pass a
medical examination, by a physician or other certified professional chosen by the
Town, to determine that the retired police officer is capable of performing the
essential duties of a special police officer, the cost of which medical examination
shall be borne by the special police officer, prior to performing police details.
170Source page 174
Section 2. Special police officers appointed under this Act shall not be
subject to chapter 31 of the General Laws or to section 99A of chapter 41 of the
General Laws.
Section 3. Special police officers shall, when performing the duties under
section 1, have the same power to make arrests and perform other police
functions as do regular police officers of the Town of Canton.
Section 4. Special police officers shall be appointed for an indefinite
term, subject to removal by the Police Chief with approval of the Board of
Selectmen at any time with 14 days written notice. Upon request, the Police
Chief shall provide the reasons for removal in writing.
Section 5. Special police officers shall also be subject to the rules and
regulations, policies and procedures and requirements of the Chief of Police of the
Town of Canton, including restrictions on the type of detail assignments,
requirements regarding medical examinations to determine continuing capability
to perform the duties of a special police officer, requirements for training,
requirements for firearms licensing and qualifications and requirements regarding
uniforms and equipment. Special police officers shall not be subject to section
96B of chapter 41 of the General Laws.
Section 6. Special police officers shall be sworn before the Town Clerk of
the Town of Canton who shall keep a record of all such appointments.
Section 7. Special police officers appointed under this Act shall be
subject to section 100 and section 111F of chapter 41 of the General Laws. The
amount payable under said section 111F of said chapter 41 shall be calculated by
averaging the amount earned over the prior 52 weeks as a special police officer
working police details, or averaged over such lesser period of time for any officer
designated as a special police officer less than 52 weeks prior to the incapacity.
In no event shall payment under said section 111F of said chapter 41 exceed, in
any calendar year, the limitation on earning contained in paragraph (b) of section
91 of chapter 32 of the General Laws. Payment under said section 111F of said
chapter 41 shall terminate when a special police officer reaches the age of 70. In
the event the age limitation applicable to regular police officers serving the Town
is increased from the current 65 years of age, the termination of benefits under
said section 111F of said chapter 41, as provided herein to special police officers,
shall terminate at such a higher age limit, but in no event shall the benefits
extend beyond the age of 70 for any special police officer. Special police officers
appointed under this act shall not be subject to section 85H of said chapter 32,
nor eligible for any benefits pursuant thereto.
Section 8. Appointment as a special police officer shall entitle any
individual appointed as such to assignment to any detail.
Section 9. Retired Canton police officers, serving as special police
officers under this Act shall be subject to the limitations on hours worked and on
171Source page 175
payments to retired town employees under paragraph (b) of section 91 of chapter
32 of the General Laws.
Section 10. This Act shall take effect upon its passage;
or to take any other action related thereto.
Board of Selectmen
MOVED: That the Board of Selectmen be authorized to petition
the General Court for special legislation concerning An Act Relative to the
Appointment of Retired Police Officers in the Town of Canton, as set forth
in the Warrant, provided that the General Court, with the approval of the
Board of Selectmen, may make constructive changes in language as may
be necessary or advisable toward perfecting such special legislation in
order to secure passage.
FINANCE COMMITTEE VOTE: 6-0-0
MOTION ADOPTED UNDER THE CONSENT AGENDA, AS WRITTEN
ARTICLE 37
VOTE TO AMEND ARTICLE 2, SECTION 1 OF THE GENERAL BY-LAWS
(ANNUAL TOWN ELECTION, TIME OF)
Article 37 Replace Article 2, Section 1 of the Canton General By-Laws
(2015 edition) with:
The Annual Town Meeting for the election of officers and such other matters as
may be voted on the official ballot, shall be held over a two-week period, on the
third and fourth weeks of March, at Town Hall or some other location designated
by the Selectmen, during the normal business hours of the Town Clerk.
Bruce Rohr and 16 others
MOVED: That the subject matter of Article 37 as printed in the
warrant be indefinitely postponed.
FINANCE COMMITTEE VOTE: 4-1-0
Bruce Rohr moved a substitute motion that the article be adopted as originally
presented in the warrant.
Substitute motion defeated.
VOTED: POSTPONED VOICE VOTE, MODERATOR DECLARED MOTION
POSTPONED INDEFINITELY
172Source page 176
ARTICLE 38
AMEND ZONING BY-LAWS SECTION 8.1.5 “PROCEDURES” ACCESSORY
APARTMENT
Article 38 To see if the Town will vote to amend Section 8.1.5,
“Procedures” of the Zoning By-Laws by deleting in its entirety the second
sentence of Section 8.1.5.3 and substituting in its place the following:
“Said permit shall be automatically renewed for a subsequent three year term
unless the Zoning Board of Appeals determines before the end of any said term
that the permit should be reviewed by the Board and by the Building
Commissioner. If after said review the Board determines that there may be
violations of the terms of the permit, the Board shall hold a hearing pursuant to
M.G.L. c. 40A, s.11. If after said hearing the Board determines that there have
been violations the Board may amend the permit to address the violations,
rescind the permit or recommend that the Building Commissioner take other
enforcement action. The permit holder shall have a right of appeal pursuant to
M.G.L. c.40A, s.17”; or to take any other action related thereto.
Board of Selectmen
PLANNING BOARD MOTION:
MOVED: That Section 8.1.5, “Procedures” of the Zoning By-
Laws be amended by deleting in its entirety the second sentence of
Section 8.1.5.3 and substituting in its place the following:
“Said permit shall be automatically renewed for a subsequent three year
term unless the Zoning Board of Appeals determines before the end of
any said term that the permit should be reviewed by the Board and by
the Building Commissioner. If after said review the Board determines
that there may be violations of the terms of the permit, the Board shall
hold a hearing pursuant to M.G.L. c. 40A, s.11. If after said hearing the
Board determines that there have been violations the Board may amend
the permit to address the violations, rescind the permit or recommend
that the Building Commissioner take other enforcement action. The
permit holder shall have a right of appeal pursuant to M.G.L. c.40A, s.17”.
PLANNING BOARD VOTE: 4-0
FINANCE COMMITTEE MOTION:
MOVED: The Finance Committee recommends that the motion
presented by the Planning Board to Town Meeting for Article 38 as
written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 6-1-0
Thomas Scully, Chairperson of the Planning Board, moved Article 38 as printed in
the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED MORE THAN TWO-
THIRDS
173Source page 177
ARTICLE 39
AMEND ZONING BY-LAWS SECTION 10.5.14 “LAPSE”
Article 39 To see if the Town will vote to amend Zoning By-Laws
Section 10.5.14 “Lapse” by deleting the words “one (1) year” and substituting in
their place the words “two (2) years;”
or to take any other action related thereto.
Board of Selectmen
PLANNING BOARD MOTION:
MOVED: That Section 10.5.14 “Lapse” of the Zoning By-Laws
be amended by deleting the words “one (1) year” and substituting in
their place the words “two (2) years.
PLANNING BOARD VOTE: 3-0
FINANCE COMMITTEE MOTION:
MOVED: The Finance Committee recommends that the motion
presented by the Planning Board to Town Meeting for Article 39 as
written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 7-0-0
Thomas Scully, Chairperson of the Planning Board, moved Article 39 as printed in
the warrant.
ADOPTED SHOW OF HANDS, MODERATOR DECLARED MORE THAN TWO-
THIRDS
ARTICLE 40
VOTE TO ACCEPT CEDARCREST ROAD AS A TOWN WAY
Article 40 To see if the Town will vote to accept Cedarcrest Road as a
Town way, as recommended by the Planning Board and laid out by the Board of
Selectmen pursuant to G. L. c. 41 and c. 82; to authorize the Board of Selectmen
to acquire by purchase, gift or eminent domain such land and easements for the
creation, maintenance and operation of a public way, including but not limited to
easements for access, grading, drainage, sloping, construction and utilities, in all
or any portions of such way and the parcels listed below; to see if the Town will
vote to appropriate, borrow pursuant to any applicable statute or transfer from
available funds, a sum of money for such purposes; and further to authorize the
Board of Selectmen and Town officers to take any and all related actions
necessary or appropriate to carry out the purposes of this article; or to take any
other action related thereto.
Property Address Town Assessor ID
75 Cedarcrest Road Map 19, Parcel 23
80 Cedarcrest Road Map 19, Parcel 15
90 Cedarcrest Road Map 19, Parcel 16
100 Cedarcrest Road Map 19, Parcel 18
174Source page 178
Drainage/unbuildable Lots
(no house addresses) Map 19, Parcel 4
Map 19, Parcel 20
Map 31, Parcel 26
Planning Board
MOVED: That the subject matter of Article 40 as printed in the
warrant be indefinitely postponed.
FINANCE COMMITTEE VOTE: 5-0-0
MOTION TO POSTPONED APPROVED UNDER THE CONSENT AGENDA
ARTICLE 41
VOTE TO ACCEPT BEATRICE WAY AS A TOWN WAY
Article 41 To see if the Town will vote to accept Beatrice Way as a
Town way, as recommended by the Planning Board and laid out by the Board of
Selectmen pursuant to G. L. c. 41 and c. 82; to authorize the Board of Selectmen
to acquire by purchase, gift or eminent domain such land and easements for the
creation, maintenance and operation of a public way, including but not limited to
easements for access, grading, drainage, sloping, construction and utilities, in all
or any portions of such way and the parcels listed below; to see if the Town will
vote to appropriate, borrow pursuant to any applicable statute or transfer from
available funds, a sum of money for such purposes; and further to authorize the
Board of Selectmen and Town officers to take any and all related actions
necessary or appropriate to carry out the purposes of this article; or to take any
other action related thereto.
Property Address Town Assessor ID
10 Beatrice Way Map 19, Parcel 19
15 Beatrice Way Map 19, Parcel 22
20 Beatrice Way Map 19, Parcel 21
30 Beatrice Way Map 31, Parcel 20
40 Beatrice Way Map 31, Parcel 27
50 Beatrice Way Map 31, Parcel 28
Or take any other action related thereto.
Planning Board
MOVED: That the subject matter of Article 41 as printed in the
warrant be indefinitely postponed.
FINANCE COMMITTEE VOTE: 5-0-0
MOTION TO POSTPONED APPROVED UNDER THE CONSENT AGENDA
175Source page 179
ARTICLE 42
VOTE TO ACCEPT NEW BOSTON DRIVE AS A TOWN WAY
Article 42 To see if the Town will vote to accept New Boston Drive as a
Town way, as recommended by the Planning Board and laid out by the Board of
Selectmen pursuant to G. L. c. 41 and c. 82; to authorize the Board of Selectmen
to acquire by purchase, gift or eminent domain such land and easements for the
creation, maintenance and operation of a public way, including but not limited to
easements for access, grading, drainage, sloping, construction and utilities, in all
or any portions of such way and the parcels listed below; to see if the Town will
vote to appropriate, borrow pursuant to any applicable statute or transfer from
available funds, a sum of money for such purposes; and further to authorize the
Board of Selectmen and Town officers to take any and all related actions
necessary or appropriate to carry out the purposes of this article; or to take any
other action related thereto.
Property Address Town Assessor ID
1 New Boston Drive Map 89, Parcel 29
100 New Boston Drive Map 74, Parcel 17
200 New Boston Drive Map 74, Parcel 16
Planning Board
MOVED: That the subject matter of Article 42 as printed in the
warrant be indefinitely postponed.
FINANCE COMMITTEE VOTE: 5-0-0
Mark Porter, a member of the Board of Selectmen, moved the following substitute
motion for Article 42:
Moved: That New Boston Drive be accepted as a Town way, as recommended by
the Planning Board and laid out by the Board of Selectmen pursuant to G. L. c. 41
c. 82; that the Board of Selectmen be authorized to acquire by purchase, gift and
eminent domain such land and easements for the creation, maintenance and
operation of a public way, including but not limited to easements for access,
grading, drainage, sloping, construction and utilities, in all or any portions of such
way and the parcels listed below; and further that the Board of Selectmen be
authorized to take any and all related actions necessary or appropriate to carry
out the purposes of this article.
Property Address Town Assessor ID
1 New Boston Drive Map 89, Parcel 29
100 New Boston Drive Map 74, Parcel 17
200 New Boston Drive Map 74, Parcel 16
VOTED: Substitute motion adopted.
ADOPTED SHOW OF HANDS, MODERATOR DECLARED A SUPERMAJORITY
176Source page 180
ARTICLE 43
AMEND ZONING BYLAWS SECTION 10.7.14 CCDRB COMPOSITION
Article 43 To see If the Town will vote to amend the Zoning By-laws by
deleting Section 10.7.14.3 and replacing it with the following:
3. One (1) person recommended by the Canton Association of Business and
Industry.
or to take any other action related thereto.
Planning Board
PLANNING BOARD MOTION:
MOVED: That the subject matter of Article 43 as printed in the
warrant be indefinitely postponed.
PLANNING BOARD VOTE: 3-0
FINANCE COMMITTEE MOTION:
MOVED: The Finance Committee recommends that the motion
presented by the Planning Board to Town Meeting for Article 43 to
indefinitely postpone be adopted.
FINANCE COMMITTEE VOTE: 7-0-0
MOTION TO POSTPONED APPROVED UNDER THE CONSENT AGENDA
ARTICLE 44
AMEND GENERAL BY-LAWS BY ADDING ARTICLE XXIII (ADOPTION OF
STRETCH ENERGY CODE)
Article 44 To see if the Town will vote to amend the Town of Canton
General By-laws to add a new Article XXIII, Stretch Energy Code, as set forth
below, to adopt the “Stretch Energy Code” for the purpose of regulating the
design and construction of buildings for the effective use of energy, pursuant to
Appendix 115.AA of the Massachusetts Building Code, 780 CMR, including future
editions, amendments and modifications, or to take any other action related
thereto.
ARTICLE XXIII
ADOPTION OF STRETCH ENERGY CODE
Section 1 Definitions
The terms below shall have the following meanings for the purposes of this Article
XXIII.
International Energy Conservation Code (IECC) - The International Energy
Conservation Code (IECC) is a building energy code created by the International
Code Council. It is a model code adopted by many state and municipal
177Source page 181
governments in the United States for the establishment of minimum design and
construction requirements for energy efficiency, and is updated on a three-year
cycle. The baseline energy conservation requirements of the MA State Building
Code are the IECC with Massachusetts amendments, as approved by the Board of
Building Regulations and Standards.
Stretch Energy Code - Codified by the Board of Building Regulations and
Standards as 780 CMR Appendix 115.AA of the 8th edition Massachusetts Building
Code, the Stretch Energy Code is an appendix to the Massachusetts Building
Code, based on further amendments to the International Energy Conservation
Code (IECC) to improve the energy efficiency of buildings built to this Code.
Section 2 Purpose
The purpose of 780 CMR 115.AA is to provide a more energy efficient alternative
to the Base Energy Code applicable to the relevant sections of the Building Code
for both new construction and existing buildings.
Section 3 Applicability
The Stretch Code applies to residential and commercial buildings. Buildings not
included in this scope shall comply with 780 CMR 13, 34, 51, as applicable.
Section 4 Stretch Code
The Stretch Code, as codified by the Board of Building Regulations and Standards
as 780 CMR Appendix 115.AA, including any future editions, amendments or
modifications, is herein incorporated by reference into these General Bylaws,
Article XXIII.
Section 5 Enforcement
The Stretch Code is enforceable by the Building Commissioner.
Planning Board
PLANNING BOARD MOTION:
MOVED: That the Town of Canton General By-Laws be
amended by adding a new Article XXIII, Stretch Energy Code, as set forth
in the warrant, to adopt the “Stretch Energy Code” for the purpose of
regulating the design and construction of buildings for the effective use
of energy, pursuant to Appendix 115.AA of the Massachusetts Building
Code, 780 CMR, including future editions, amendments and
modifications.
PLANNING BOARD VOTE: 5-0-0
FINANCE COMMITTEE MOTION:
178Source page 182
MOVED: The Finance Committee recommends that that motion
presented by the Planning Board to Town Meeting for Article 44 as
written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 7-0-0
Thomas Scully, Chairperson of the Planning Board, moved Article 44 as printed in
the warrant.
ADOPTED MAJORITY VOICE VOTE, MODERATOR DECLARED MOTION
ADOPTED
ARTICLE 45
VOTE TO AMEND ZONING BY-LAWS BY DELETING SECTION 4.2.1 (BUILD
FACTOR)
Article 45 To see if the Town will vote to amend the Zoning By-laws:
1. By deleting Section 4.2.1 Build Factor:
4.2.1 Build Factor. In all Residential Districts, no building except a one-story
building of accessory use, shall be constructed on a lot which has a Build Factor of
more than 23.00. The purpose of the Build Factor is to limits the degree to which
a lot may have an irregular or odd shape. The Build Factor is a ratio of lot
perimeter to lot area and is calculated according to the following formula:
Lot Perimeter (Squared) = Build Factor
Actual Lot Area
And
2. By renumbering Sections 4.2.2, 4.2.3, 4.2.4, 4.2.5, 4.2.6 and 4.2.7
appropriately.
Or to take any other action related thereto.
Planning Board
PLANNING BOARD MOTION:
MOVED: That the Zoning By-Laws be amended by deleting
Section 4.2.1, Build Factor and by renumbering Sections 4.2.2, 4.2.3,
4.2.4, 4.2.5, 4.2.6 and 4.2.7 appropriately.
PLANNING BOARD VOTE: 3-0
FINANCE COMMITTEE MOTION:
MOVED: The Finance Committee recommends that that motion
presented by the Planning Board to Town Meeting for Article 45 as
written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 7-0-0
179Source page 183
Thomas Scully, Chairperson of the Planning Board, moved Article 45 as printed in
the warrant.
ADOPTED SHOW OF HANDS, MODERATOR DECLARED MORE THAN TWO
THIRDS
ARTICLE 46
AMEND ZONING MAP TO EXPAND GROUNDWATER PROTECTION OVERLAY
DISTRICT
Article 46 To see if the Town will vote to amend the “Zoning Map for
the Town of Canton, Massachusetts, March 8, 1937” as amended to expand the
Groundwater Protection Overlay District to include those parcels identified by the
Commonwealth of Massachusetts as Zone II Public Water Supply Well Head
Areas. Said parcels are described on a map on file in the office of the Town Clerk;
or to take any other action related thereto.
Planning Board
PLANNING BOARD MOTION:
MOVED: That the “Zoning Map for the Town of Canton,
Massachusetts, March 8, 1937” as amended be further amended to
expand the Groundwater Protection Overlay District to include those
parcels identified by the Commonwealth of Massachusetts as Zone II
Public Water Supply Well Head Areas.
PLANNING BOARD VOTE: 3-0
FINANCE COMMITTEE MOTION:
MOVED: The Finance Committee recommends that the motion
presented by the Planning Board to Town Meeting for Article 46 as
written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 7-0-1
Thomas Scully, Chairperson of the Planning Board, moved Article 46 as printed in
the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED MORE THAN TWO
THIRDS
ARTICLE 47
VOTE TO APPROVE FUNDS FOR A CONSULTANT TO UPDATE THE MASTER
PLAN
Article 47 To see if the Town will vote to raise and appropriate, by
transfer from available funds, by borrowing under the provisions of M.G.L.
chapter 44, or by transfer from Free Cash, to be spent by the Chief Procurement
Officer with the approval of the Board of Selectmen, for the purpose of enabling
the Planning Board to engage a consultant, or consultants, to update the
180Source page 184
comprehensive Master Plan and to review previously completed planning studies.
Said process to be conducted under the general supervision of the Planning
Board, with the advice and assistance of a Master Plan Steering Committee to
consist of fifteen (15) persons, eight (8) of whom to be appointed by the Planning
Board and seven (7) of whom to be appointed by the Board of Selectmen,
drawing from Town Department Heads, members of appointed and elected
Boards/Commissions and at least three (3) citizens at large, and who shall serve
for the duration of the process to review the work and provide guidance to the
Planning Board, said Planning Board to conduct frequent public forums to permit
the public to comment on the work of the consultant(s) before the work is
concluded, or take any other action related thereto.
Planning Board
MOVED: That the sum of One Hundred Fifty Thousand Dollars
($150,000) be appropriated by transfer from Free Cash (Undesignated
Fund Balance) for the purpose of enabling the Planning Board to engage
a consultant, or consultants, to update the comprehensive master plan
and to review previously completed planning studies. Said processes to
be conducted under the general supervision of the Planning Board, with
the advice and assistance of a master plan steering committee to consist
of nine members, five of whom to be appointed by the Planning Board
and four of whom to be appointed by the Board of Selectmen, drawing
from members of appointed and elected boards/commissions and at least
four citizens at large, and who shall serve for the duration of the process
to review the work and provide guidance to the Planning Board, said
Planning Board to conduct frequent public forums to permit the public to
comment on the work of the consultant(s) before the work is concluded.
FINANCE COMMITTEE VOTE: 5-0-0
Barbara Saint Andre, Chairperson of the Finance Committee, moved Article 47 as
printed in the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED
ARTICLE 48
AMEND ZONING MAP TO REZONE GOLF COURSES
Article 48 To see if the Town will vote to amend the Zoning Map to
rezone golf courses currently zoned as Single Residence A (SR-A) to Single
Residence AA (SR-AA). This would include the following parcels of land: the
Milton-Hoosic, Blue Hills, Wompatuck, and Brook Meadow Golf Courses. Said
parcels of land are identified as Board of Assessors Map 67 Lot 1, Map 48 Lot 1,
Map 77 Lot 1, and Map 5 Lot 27;
or to take any other action related thereto.
Planning Board
PLANNING BOARD MOTION:
MOVED: That the Zoning Map be amended by rezoning golf
courses currently zoned as Single Residence A (SR-A) to Single
181Source page 185
Residence AA (SR-AA). This would include the following parcels of land:
the Milton-Hoosic, Blue Hills, Wompatuck, and Brook Meadow Golf
Courses. Said parcels of land are identified as Board of Assessors Map 67
Lot 1, Map 48 Lot 1, Map 77 Lot 1, and Map 5 Lot 27.
PLANNING BOARD VOTE: 3-0
FINANCE COMMITTEE MOTION:
MOVED: That the Finance Committee recommends that the
motion presented by the Planning Board to Town Meeting for Article 48
as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 7-0-0
Thomas Scully, Chairperson of the Planning Board, moved Article 48 as printed in
the warrant.
ADOPTED SHOW OF HANDS, MODERATOR DECLARED MORE THAN TWO
THIRDS
ARTICLE 49
AMEND ZONING BY-LAWS SECTION 11.0 DEFINITIONS OF
MANUFACTURING AND SCIENTIFIC OR RESEARCH LABORATORY
Article 49 To see if the Town will vote to amend Zoning By-Laws
Section 11.0 as follows:
1. By deleting the definition of “Manufacturing” and replacing it with the
following:
Manufacturing: The processing and manufacturing of materials, and the
manufacturing of previously prepared materials, of finished products or
parts. This includes processing, fabrication, assembly treatment,
packaging incidental storage, sales and distribution of such products,
including renewable and alternative energy companies; but excludes the
following uses: packaging of meat and fish products, heavy punch
presses or drop hammers.
2. By deleting the definition of “Scientific or Research Laboratory:” and
replacing it with the following:
3.
Scientific or Research Laboratory: Laboratory or research establishments
including biotechnology companies (excluding laboratories categorized as
Level 4 by the National Institutes of Health), and renewable and
alternative energy companies.
Or to take any other action related thereto.
Planning Board
182Source page 186
PLANNING BOARD MOTION:
MOVED: That the Zoning By-Laws Section 11.0 be amended:
1. By deleting the definition of “Manufacturing” and replacing it
with the following:
Manufacturing: The processing and manufacturing of materials,
and the manufacturing of previously prepared materials, of
finished products or parts. This includes processing, fabrication,
assembly treatment, packaging incidental storage, sales and
distribution of such products, including renewable and
alternative energy companies; but excludes the following uses:
packaging of meat and fish products, heavy punch presses or
drop hammers.
2. By deleting the definition of “Scientific or Research Laboratory:”
and replacing it with the following: Scientific or Research
Laboratory: Laboratory or research establishments including
biotechnology companies (excluding laboratories categorized as
Level 4 by the National Institutes of Health), and renewable and
alternative energy companies.
PLANNING BOARD VOTE: 3-0
FINANCE COMMITTEE MOTION:
MOVED: That the Finance Committee recommends that the
motion presented by the Planning Board to Town Meeting for Article 49
as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 7-0-0
Thomas Scully, Chairperson of the Planning Board, moved Article 49 as printed in
the warrant.
ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 50
AMEND ZONING BY-LAWS SECTION 6.1 OFF-STREET PARKING
Article 50 To see if the Town will vote to amend Zoning By-law Section
6.l. Off-Street parking as follows:
1. by deleting the existing Section 6.1.2. Mixed Uses and replacing it with
the following:
183Source page 187
Section 6.1.2. Mixed Uses. In the case of mixed uses, the parking spaces
required shall be the sum of the requirements for the various individual uses,
computed separately in accordance with this Section. However, if the Board
of Appeals finds that the need for the shared parking occurs at different
times, the Board may allow a parking reduction.
2. by adding the following new subsection 6.1.7.4:
4. Smaller stalls for compact cars are allowed and recommended, up to
30% of the off-street parking provided. Compact car spaces shall not be less
than 8 feet by 16 feet. Compact-size parking spaces shall be grouped
together to the greatest possible extent in areas clearly designated for
compact cars. Parking lots shall have a system of signs that clearly indicates
the location of compact car spaces. For parking areas with twenty or more
spaces, together with any reduction in total parking area obtained as a result
of using compact-sized spaces, an equal or greater area of open space shall
be provided in addition to minimum landscaping requirements required by
the lot coverage provisions of Section 6.1.11.
3. by amending Section 6.1.9. Maintenance to read as follows:
Parking facilities and connecting drives shall be provided and maintained with
a permanent, dust-free surface with individual spaces properly marked and
maintained. Adequate drainage shall be provided. Permeable paving for
parking stalls is allowed, as long as it meets other applicable maintenance
requirements.
4. by amending section 6.1.11.1 Landscaping; Parking Areas with Twenty
or More Spaces to read as follows:
1. The landscaped area shall be at least five (5) percent of the total
interior parking lot area and five (5) percent of the loading bay area.
Landscape areas shall be an integral part of the parking lot or loading
bay and shall contain an appropriate mix of shade trees and other
plants, such as vegetated islands with bioretention areas. Planting along
the exterior perimeter of a parking area, whether for required screening
or general beautification, shall not be considered part of the five (5)
percent interior landscape;
or to take any other action related thereto.
Planning Board
PLANNING BOARD MOTION:
MOVED: That Section 6.1 of the Zoning By-Law be amended
1. by deleting the existing Section 6.1.2. Mixed Uses and replacing it
with the following:
184Source page 188
Section 6.1.2. Mixed Uses. In the case of mixed uses, the parking
spaces required shall be the sum of the requirements for the various
individual uses, computed separately in accordance with this Section.
However, if the Board of Appeals finds that the need for the shared
parking occurs at different times, the Board may allow a parking
reduction.
2. by adding the following new subsection 6.1.7.4:
4. Smaller stalls for compact cars are allowed and recommended,
up to 30% of the off-street parking provided. Compact car spaces
shall not be less than 8 feet by 16 feet. Compact-size parking spaces
shall be grouped together to the greatest possible extent in areas
clearly designated for compact cars. Parking lots shall have a system
of signs that clearly indicates the location of compact car spaces. For
parking areas with twenty or more spaces, together with any
reduction in total parking area obtained as a result of using compact-
sized spaces, an equal or greater area of open space shall be
provided in addition to minimum landscaping requirements required
by the lot coverage provisions of Section 6.1.11.
3. by amending Section 6.1.9. Maintenance to read as follows:
Parking facilities and connecting drives shall be provided and
maintained with a permanent, dust-free surface with individual
spaces properly marked and maintained. Adequate drainage shall be
provided. Permeable paving for parking stalls is allowed, as long as it
meets other applicable maintenance requirements.
4. by amending section 6.1.11.1 Landscaping; Parking Areas with
Twenty or More Spaces to read as follows:
1. The landscaped area shall be at least five (5) percent of the
total interior parking lot area and five (5) percent of the loading
bay area. Landscape areas shall be an integral part of the parking
lot or loading bay and shall contain an appropriate mix of shade
trees and other plants, such as vegetated islands with
bioretention areas. Planting along the exterior perimeter of a
parking area, whether for required screening or general
beautification, shall not be considered part of the five (5) percent
interior landscape.
PLANNING BOARD VOTE: 3-0
FINANCE COMMITTEE MOTION:
MOVED: The Finance Committee recommends that the motion
presented by the Planning Board to Town Meeting for Article 50 as
written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 7-0-0
Thomas Scully, Chairperson of the Planning Board, moved Article 50 as printed in
the warrant.
ADOPTED SHOW OF HANDS, MODERATOR DECLARED MORE THAN TWO
THIRDS
185Source page 189
ARTICLE 51
VOTE TO ADOPT MARIJUANA REGULATIONS
Article 51 To see if the Town will vote to adopt local control measures
through by-laws to impose reasonable safeguards on the operation of marijuana
establishments. This includes regulating the time, place and manner of marijuana
establishment operations, as set forth in Section 3 of Chapter 334 of the Acts of
2016, the Regulation and Taxation of Marijuana Act;
or to take any other action related thereto.
Planning Board
PLANNING BOARD MOTION:
MOVED: That the subject matter of Article 51 as printed in the
warrant be indefinitely postponed.
PLANNING BOARD VOTE: 5-0-0
FINANCE COMMITTEE MOTION:
MOVED: That the Finance Committee recommends that the
motion presented by the Planning Board to Town Meeting to indefinitely
postpone Article 51 be adopted.
FINANCE COMMITTEE VOTE: 7-0-0
PLANNING BOARD DISCUSSION: Withdrawn (See Article 52).
MOTION TO POSTPONED APPROVED UNDER THE CONSENT AGENDA
ARTICLE 52
AMEND ZONING BY-LAW BY ADDING SECTION 7.8 SPECIAL
REQUIREMENTS FOR LICENSED MARIJUANA ESTABLISHMENTS
Article 52 To see if the Town will vote to amend the Zoning By-law by adding a
new Section 7.8 in the following form:
7.8 SPECIAL REQUIREMENTS FOR LICENSED MARIJUANA ESTABLISHMENTS
- NOT MEDICALLY PRESCRIBED
7.8.1 Purposes
1. To provide for the establishment of Licensed Marijuana Establishments
(“LME’s”), in appropriate places and under strict conditions in accordance
with Chapter 334 of the Acts of 2016, The Regulation and Taxation of
Marijuana Act.
2. To minimize the adverse impacts of LMEs on adjacent properties, residential
neighborhoods, schools and other places where children congregate, local
186Source page 190
historic districts, and other land uses potentially incompatible with said
Facilities.
3. To regulate the siting, design, placement, security, safety, monitoring,
modification, and removal of LMEs.
7.8.2 Applicability
1. The commercial cultivation, production, processing, assembly, packaging,
retail or wholesale sale, trade, distribution or dispensing of Marijuana is
prohibited unless permitted as a LME under this Section 7.8.
2. No LME shall be established except in compliance with provisions of this
Section 7.8.
3. Nothing in this Section 7.8 shall be construed to supersede federal and/or
state laws governing the sale and/or distribution of marijuana.
4. If any provision of this Section 7.8 or the application of any such provision
to any person or circumstance shall be held invalid, the remainder of this
Section 7.8, to the extent it can be given effect, or the application of those
provisions to persons or circumstances other than those to which it is held
invalid, shall not be affected thereby, and to this end the provisions of this
Section 7.8 are severable.
7.8.3 Definitions. Licensed Marijuana Establishment, as defined by
Massachusetts law only, registered under the Act and Regulations, includes a
marijuana cultivator, marijuana testing facility, marijuana product manufacturer,
marijuana retailer or any other type of licensed marijuana-related business.
Marijuana or marihuana, is defined by Massachusetts law 94D as parts of any
plant of the genus Cannabis, not excepted below and whether growing or not; the
seeds thereof; and resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture or preparation of the plant, its
seeds or resin including tetrahydrocannabinol as defined in section 1 of chapter
94C of the General Laws; provided that "Marijuana" shall not include:
(1) The mature stalks of the plant, fiber produced from the stalks,
oil, or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture or preparation of the mature
stalks, fiber, oil, or cake made from the seeds of the plant or the
sterilized seed of the plant that is incapable of germination;
(2) Hemp; or
(3) The weight of any other ingredient combined with marijuana to
prepare topical or oral administrations, food, drink or other
products.
7.8.4 Eligible Locations for Marijuana Establishments.
187Source page 191
1. Licensed Marijuana Establishments may be allowed by Special Permit
from the Canton Zoning Board of Appeals as Special Permit Granting
Authority (“SPGA”) in the Industrial Zoning District provided the facility
meets the requirements of this Section 7.8.
7.8.5 General Requirements and Conditions for all Licensed Marijuana
Establishments
1. All LMEs shall be contained within a building or structure.
2. No LME shall have a gross floor area of less than 2,500 square feet or in
excess of 20,000 square feet.
3. The hours of operation of an LME shall be set by the Special Permit
Granting Authority, but in no event shall said LME to open and/or
operating between the hours of 8:00 PM and 8:00 AM.
4. No LME shall be located on a lot which abuts a residential zoning district
or within 500 feet from any residential zone or district, or residential
development. No LME may be located 500 feet from any public or private
school; house of worship; day care center; or park, playground, playfield
or recreation facility or other facility in which children commonly
congregate.
5. No smoking, burning or consumption of any product containing
marijuana or marijuana-related products shall be permitted on the
premises of an LME.
6. No LME shall be located inside a building containing residential units,
including without limitation transient housing such as motels and
dormitories, or inside a movable or mobile structure such as a van or
truck.
7. LMEs shall provide the Canton Police Department, Fire Department,
Building Commissioner and the Special Permit Granting Authority with
the names, phone numbers and email addresses of all management staff
and key holders who can be contacted if there are operating problems
associated with the establishment.
7.8.6 Special Permit Requirements
1. An LME shall only be allowed by special permit from the Zoning Board
of Appeals as Special Permit Granting Authority in accordance with G.L.
c.40A, §9, subject to the following requirements, conditions and
limitations.
2. A special permit for an LME shall be limited to one or more of the
following uses that shall be prescribed by the Special Permit Granting
188Source page 192
Authority: cultivation of Marijuana (horticulture), processing and
packaging of Marijuana, including Marijuana that is in the form of
smoking materials, food products, oils, aerosols, ointments, and other
products; retail sale or distribution of Marijuana.
3. In addition to the application requirements set forth in this Section 7.8
a special permit application for an LME shall include the following:
a. The name and address of each owner of the LME;
b. Copies of all required licenses and permits issued to the
applicant by the Commonwealth of Massachusetts and any of its
agencies for the LME; including the Cannabis Control
Commission, and any required license from the Town of Canton
Board of Selectmen.
c. Evidence of the Applicant’s right to use the site for the LME,
such as a deed, or lease;
d. If the Applicant is a business organization, a statement under
oath disclosing all of its owners, shareholders, partners,
members, managers, directors, officers, or other similarly-
situated individuals and entities and their addresses. If any of
the above entities rather than persons, the Applicant must
disclose the identity of the owners of such entities until the
disclosure contains the names and individuals;
e. A certified list of all parties in interest entitled to notice of the
hearing for the special permit application, taken from the most
recent tax list of the Town and certified by the Town Assessor;
f. Proposed security measures for the LME, including lighting,
fencing, gates and alarms, etc., to ensure the safety of persons
and to protect the premises from theft.
4. Mandatory Findings. The Special Permit Authority shall not issue a
special permit for an LME unless it finds that: the Facility is designed to
minimize any adverse visual or economic impacts on abutters and other
parties in interest, as defined in G.L. c. 40A, §11; the Facility
demonstrates that it will meet all the permitting requirements of all
applicable agencies within the Commonwealth of Massachusetts and will
be in compliance with all applicable state laws and regulations; and the
applicant has satisfied all of the conditions and requirements of this
Section 7.8;
5. Annual Reporting. Each LME permitted under this Bylaw shall as a
condition of its special permit file an annual report with the Special
Permit Granting Authority and the Town Clerk no later than January
31st, providing a copy of all current applicable state licenses for the
189Source page 193
Facility and/or its owners and demonstrate continued compliance with
the conditions of the Special Permit and appear before the SPGA if
requested by the SPGA.
6. A special permit granted under this Section shall have a term limited to
the duration of the applicant’s ownership of the premises as an LME. A
special permit may be transferred only with the approval of the Special
Permit Granting Authority in the form of an amendment to the special
permit with all information required in this Section 7.8.
7. The applicant shall post a bond before issuance of a building permit to
cover costs for the removal of the LME in the event the Town must
remove the LME. The value of the bond shall be based upon the ability to
completely remove all the items associated with the LME and properly
clean the facility at prevailing wages. The value of the bond shall be
developed based upon the applicant providing the SPGA with three (3)
written bids to meet the noted requirements. An incentive factor of 1.5
shall be applied to all bonds to ensure compliance and adequate funds
for the Town to remove the LME at prevailing wages.
7.8.7 Abandonment or Discontinuance of Use
1. A Special Permit shall lapse if not exercised within two years of
issuance.
2. An LME shall be required to remove all material, plants, equipment and
other paraphernalia: prior to surrendering its state issued licenses or
permits; or within six months of ceasing operations; whichever comes
first.
or to take any other action related thereto.
Planning Board
PLANNING BOARD MOTION:
MOVED: That the Zoning By-law be amended by adding a new
Section 7.8 as follows:
7.8 Temporary Moratorium on the Sale and Distribution of Recreational
Marijuana.
7.8.1 Purpose: By vote at the State election on November 8, 2016, the
voters of the Commonwealth approved a law regulating the cultivation,
distribution, possession and use of marijuana for recreational purposes.
The law provides that it is effective on December 15, 2016 and the
Cannabis Control Commission is required to issue regulations regarding
implementation by September 15, 2017. The time period for issuance of
the regulations by the Cannabis Control Commission has been extended
by six months to March 15, 2018.
190Source page 194
Currently under the Zoning By-law, Recreational Marijuana
Establishments and Marijuana Retailers are not a permitted use in the
Town and any regulations promulgated by the State Cannabis Control
Commission are expected to provide guidance to the Town in regulating
Recreational Marijuana Establishments and Marijuana Retailers.
The regulation of Recreational Marijuana Establishments and Marijuana
Retailers raises novel and complex legal, planning, and public safety
issues. The Town needs time to study and consider the regulation of
Recreational Marijuana Establishments and Marijuana Retailers and
address such novel and complex issues, as well as to address the
potential impact of the State regulations on local zoning and to
undertake a planning process to consider amending the Zoning By-law
regarding regulation of Recreational Marijuana Establishments and
Marijuana Retailers and other uses related to the regulation of
recreational marijuana. The Town by this Section 7.8 adopts a temporary
moratorium on the use of land and structures in the Town for
Recreational Marijuana Establishments and Marijuana Retailers so as to
allow the Town sufficient time to engage in a planning process to address
the effects of such structures and uses in the Town and to adopt
provisions of the Zoning By-law in a manner consistent with sound land
use planning goals and objectives.
7.8.2 Definitions.
"Manufacture", to compound, blend, extract, infuse or otherwise make or
prepare a marijuana product.
"Marijuana accessories", equipment, products, devices or materials of
any kind that are intended or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, ingesting, inhaling or
otherwise introducing marijuana into the human body.
"Marijuana cultivator", an entity licensed to cultivate, process and
package marijuana, to deliver marijuana to marijuana establishments
and to transfer marijuana to other marijuana establishments, but not to
consumers.
"Marijuana establishment", a marijuana cultivator, marijuana testing
facility, marijuana product manufacturer, marijuana retailer or any other
type of licensed marijuana-related business.
"Marijuana product manufacturer", an entity licensed to obtain,
manufacture, process and package marijuana and marijuana products, to
deliver marijuana and marijuana products to marijuana establishments
and to transfer marijuana and marijuana products to other marijuana
establishments, but not to consumers.
"Marijuana products", products that have been manufactured and contain
marijuana or an extract from marijuana, including concentrated forms of
marijuana and products composed of marijuana and other ingredients
that are intended for use or consumption, including edible products,
beverages, topical products, ointments, oils and tinctures.
191Source page 195
“Marijuana testing facility", an entity licensed to test marijuana and
marijuana products, including certification for potency and the presence
of contaminants.
"Marijuana retailer", an entity licensed to purchase and deliver marijuana
and marijuana products from marijuana establishments and to deliver,
sell or otherwise transfer marijuana and marijuana products to
marijuana establishments and to consumers.
7.8.3 Temporary Moratorium.
For the reasons set forth above and notwithstanding any other provision
of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary
moratorium on the use of land or structures for Recreational Marijuana
Establishments and Marijuana Retailers. The moratorium shall be in
effect through June 30, 2018. During the moratorium period, the Town
shall undertake a planning process to address the potential impacts of
recreational marijuana in the Town, consider the Cannabis Control
Commission regulations regarding Recreational Marijuana
Establishments and Marijuana Retailers and related uses, determine
whether the town will prohibit on-site consumption at Recreational
Marijuana Establishments and Marijuana Retailers and shall consider
adopting new provisions of the Zoning Bylaw to address the impact and
operation of Recreational Marijuana Establishments and Marijuana
Retailers and related uses.
PLANNING BOARD VOTE: 4-0
FINANCE COMMITTEE MOTION:
MOVED: The Finance Committee recommends that the motion
presented by the Planning Board to Town Meeting for Article 52 as
written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 6-0-2
Thomas Scully, Chairperson of the Planning Board, moved Article 52 as printed in
the warrant.
ADOPTED SHOW OF HANDS, MODERATOR DECLARED MORE THAN TWO
THIRDS
ARTICLE 53
AMEND THE ZONING BY-LAWS, TABLE OF USE REGULATIONS, SECTION F
Article 53 To see if the Town will vote to amend the Zoning By-Laws
Section 3.1.4, Table of Use Regulations, Section F Commercial and Office Uses by
changing “N” to “Y” under the LI and LI(B) columns in the row for Trade Shop; or
to take any other action related thereto.
Planning Board
192Source page 196
PLANNING BOARD MOTION:
MOVED: That Section 3.1.4, Table of Use Regulations,
Section F Commercial and Office Uses of the Zoning By-Laws be amended
by changing “N” to “Y” under the LI and LI(B) columns in the row for
Trade Shop.
PLANNING BOARD VOTE: 3-0
FINANCE COMMITTEE MOTION:
MOVED: That the Finance Committee recommends that the
motion presented by the Planning Board to Town Meeting for Article 53
as written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 7-0-0
Thomas Scully, Chairperson of the Planning Board, moved Article 53 as printed in
the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED MORE THAN TWO
THIRDS
ARTICLE 54
VOTE TO AMEND THE ZONING MAP BY REZONING CERTAIN OPEN SPACE
Article 54 To see if the Town will vote to amend the Zoning Map of the
Town of Canton, Massachusetts to rezone the lands of the Massachusetts
Audubon Society and Trustees of the Reservation from SR-A and SR-C and SR-AA
to PROSD (Public Recreation and Open Space). Said parcels of land are descried
in the Board of Assessors’ List by Map and Lot number (as follows):
Current Other Notes from View
Map_Lot Owner Zoning Permit
027_162_000 Mass Audubon SRA Pequitside Farm, some
wetlands, some groundwater
protection zone
043_014_000 Mass Audubon SRC Pequitside Farm, some
wetlands, some groundwater
protection zone
044_086_000 Mass Audubon SRA Pequitside Farm, some
wetlands, some groundwater
protection zone, flood zone,
scenic road
067_022_000 Trustees of the Reservation SRAA Bradley Estate, couple small
wetlands, scenic road, historic
property
067_023_000 Trustees of the Reservation SRAA scenic road, near Bradley
estate
068_001_000 Trustees of the Reservation SRAA scenic road, near Bradley
estate
or take any other action related thereto.
Planning Board
PLANNING BOARD MOTION:
193Source page 197
MOVED: That the subject matter of Article 54 as printed in the
warrant be indefinitely postponed.
PLANNING BOARD VOTE: 3-0
FINANCE COMMITTEE MOTION:
MOVED: The Finance Committee recommends that the motion
presented by the Planning Board to Town Meeting to indefinitely
postpone Article 54 be adopted.
FINANCE COMMITTEE VOTE: 7-0-0
MOTION TO POSTPONED APPROVED UNDER THE CONSENT AGENDA
ARTICLE 55
VOTE TO AMEND THE ZONING MAP TO REZONE PARCELS TO PARKLAND
AND OPEN SPACE ZONING DISTRICT
Article 55 To see if the Town will vote to amend the Zoning Map to
rezone the parcels listed below of the Department of Conservation and
Recreation, Trustees of Reservations, and Town of Canton within the Zone II
public water supply well head area to the Parkland and Open Space zoning
district.
Map_Lot Owner Current Other Notes from View Permit
Zoning
003_007_000 Dept of Cons & Rec SRA Fowl Meadow
007_002_000 Dept of Cons & Rec SRA Wetlands, Groundwater protection zone,
Neponset river
007_005_000 Dept of Cons & Rec SRA Wetlands, Groundwater protection zone,
Neponset river
007_006_000 Dept of Cons & Rec SRA Fowl Meadow, wetlands, groundwater
protection zone
007_007_000 Dept of Cons & Rec SRA Fowl Meadow, wetlands, groundwater
protection zone
007_016_000 Dept of Cons & Rec SRA Fowl Meadow, wetlands, groundwater
protection zone
007_018_000 Dept of Cons & Rec SRA Fowl Meadow, wetlands, groundwater
protection zone
008_003_000 Dept of Cons & Rec I wetlands, groundwater protection zone
035_002_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
protection, flood zone, wetlands
035_003_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
protection, flood zone, wetlands
035_005_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
protection, flood zone, wetlands
036_001_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
protection, flood zone, wetlands
036_002_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
protection, flood zone, wetlands
036_003_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
protection, flood zone, wetlands
036_004_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
194Source page 198
protection, flood zone, wetlands
036_008_000 Dept of Cons & Rec SRAA wetlands, flood zone, scenic road
051_002_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
protection, flood zone, wetlands
051_003_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
protection, flood zone, wetlands
051_004_000 Dept of Cons & Rec LI Groundwater protection zone, Zone II
protection, flood zone, wetlands
052_006_000 Dept of Cons & Rec SRAA wetlands, scenic road
053_010_000 Dept of Cons & Rec SRAA scenic road
084_003_000 Dept of Cons & Rec SRAA Blue Hills
098_001_000 Dept of Cons & Rec SRAA Blue Hills
020_003_000 Trustees of the I wetlands, flood zone, watershed (dept.
Reservation of conservation & rec)
020_005_000 Trustees of the I wetlands, flood zone, watershed (dept.
Reservation of conservation & rec)
020_007_000 Trustees of the I wetlands, flood zone, watershed (dept.
Reservation of conservation & rec)
021_002_000 Trustees of the I wetlands, flood zone, watershed (dept.
Reservation of conservation & rec)
047_009_000 Town of Canton SRA wetlands, watershed, town well
location, flood zone
007_020_000 Town of Canton SRA Wetlands, flood zone, watershed
007_022_000 Town of Canton SRA Wetlands, flood zone, watershed
or take any other action related thereto.
Planning Board
PLANNING BOARD MOTION:
MOVED: That the Zoning Map be amended by rezoning the
parcels listed in the warrant to the Parkland and Open Space zoning
district.
PLANNING BOARD VOTE: 4-0
FINANCE COMMITTEE MOTION:
MOVED: The Finance Committee recommends that the motion
presented by the Planning Board to Town Meeting for Article 55 as
written in the warrant be adopted.
FINANCE COMMITTEE VOTE: 7-0-0
Thomas Scully, Chairperson of the Planning Board, moved Article 53 as printed in
the warrant.
ADOPTED VOICE VOTE, MODERATOR DECLARED MORE THAN TWO-
THIRDS
195Source page 199
ARTICLE 56
VOTE TO APPROVE REGULATION OF USE OF RESERVOIR POND
Article 56 To see if the Town will vote to request its representatives in
the General Court to file with the General Court a home rule petition for the
enactment of legislation as set forth below to confirm Town regulation of the use
of Reservoir Pond; to authorize the General Court, with approval by the Board of
Selectmen, to make constructive changes in language as may be necessary or
advisable towards perfecting the intent of the legislation to secure passage; or to
take any other action related thereto.
AN ACT FOR THE REGULATION OF
RESERVOIR POND IN CANTON
SECTION 1. The general court finds and declares that Reservoir pond located in
Canton, Massachusetts was created artificially by the impounding of the waters of
Pequit brook and flowing of swamps, meadows and other land and that such pond
is not a naturally occurring pond and is not a great pond pursuant to section 35 of
chapter 91 of the general laws, the Colonial Ordinances of 1641-1647 or any
other law. Notwithstanding any general or special law to the contrary, in
recognition of the circumstances that Reservoir pond is located on land originally
registered with the commonwealth of Massachusetts land court department of the
trial court on May 21, 1963 and owned by the town of Canton pursuant to
certificate of title no. 185877 issued by said court, the town shall have the power
to regulate the use of Reservoir pond pursuant to this chapter.
SECTION 2. As used in this chapter the following words shall, unless the context
clearly requires otherwise, have the following meanings.
“Board” shall mean the town of Canton Board of Selectmen.
“Dam” shall mean the dam in Canton, Massachusetts known as Reservoir pond
dam, as the same may be modified, maintained, improved, repaired and replaced
from time to time, and all its appurtenances and other improvements impounding
the waters of Pequit brook.
“Reservoir pond” shall mean all water impounded by the dam, including but not
limited to waters from Pequit brook (sometimes known as Pequid brook) and all
surface and other waters naturally or otherwise flowed, drained or diverted to the
Town property, up to the high-water mark as the same may change from time
to time but never less than the area of the Town property.
“Town” shall mean the town of Canton.
“Town property” shall mean the land in Canton, Massachusetts identified (1) as
Lot 1 on the plan filed with the Norfolk county registry district of the land court as
plan no. 23714-A, and (2) as being owned by “Roger Williams Jr. et al.” and as
set forth in a grant by Elijah Bailey to the Neponset Company, dated November
19, 1832 and recorded at the Norfolk county registry of deeds in Book 97, Page
240, together with all improvements thereto, including but not limited to and any
land and other property rights, including but not limited to a right to flow,
196Source page 200
acquired by the town of Canton from time to time by any means, including but
not limited to by adverse possession or prescription arising from the presence or
use of water being located at such land.
SECTION 3. Fishing, boating, bathing, swimming, skating and other recreational
activities in, on or at Reservoir pond shall be permitted except insofar as
restricted or prohibited under authority of law or under rules and regulations
established by the board. Said rules and regulations may be changed by the
board from time to time to govern and restrict some or all of such activities and
the use of and access to all or any portion of Reservoir pond, provided such rules
and regulations are not inconsistent with this chapter or with any bylaws of the
town. Any violation of such rules and regulations shall be deemed a violation of
such bylaws.
SECTION 4. In addition to the powers and duties the board and the town’s
conservation commission and other boards and officials may have pursuant to the
general laws and/or any town bylaw, which powers and duties shall not be
deemed to have been modified or diminished by this chapter, the board, may,
from time to time, make rules and regulations as to the erection, maintenance
and control of all structures at Reservoir pond and the town property and to
prevent the entrance or discharge into Reservoir pond of any substance or
material which by itself or in combination with any other substance may be
injurious to the public health or may tend to create a public nuisance or to fill in,
lead to the eutrophication of or otherwise be harmful to Reservoir pond. Such
rules and regulations may provide for penalties for violations thereof up to and
including three hundred dollars ($300) for each violation and for each day such
violation continues to be a separate offense.
SECTION 5. Notwithstanding any provision herein to the contrary, the town,
acting by and through the board, in its sole discretion, shall at all times have the
rights to operate, maintain, repair, replace and remove the dam subject only to
chapter 253 of the general laws and any regulations promulgated thereunder, and
to raise and lower the water level of Reservoir pond from time to time. Nothing
herein shall in any way be construed to impose any duty or obligation of the Town
to maintain the waters of Reservoir pond or Pequit brook at any particular level or
location.
SECTION 6. Nothing herein shall be deemed as granting to the general public or
any other party any rights to Reservoir pond or any waters contributing to
Reservoir pond or to the town property.
SECTION 7. Nothing in this chapter shall be deemed to relieve any party from
any liabilities or legal responsibilities of any kind with respect to Reservoir pond or
the town property, including but not limited to any person who causes or is legally
responsible for a release or threat of release of oil or hazardous material to
Reservoir pond or the town property as all such terms are defined by chapter 21E
of the general laws and the regulations promulgated thereunder.
SECTION 8. Any police officer of the town may patrol any part of the waters of
Reservoir pond and shall have authority to arrest any person violating any law of
the commonwealth in or on Reservoir pond or property adjacent to Reservoir
197