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Canton Town Meeting — 2004 ATM

Town Meeting · Record year 2004 · Record lf-28066

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Source page 1

Town of Canton
                           Commonwealth of Massachusetts




Norfolk, ss

To the Constables of the Town of Canton,


Greetings:
In the name  of the Commonwealth of Massachusetts you are hereby required
to notify and warn the inhabitants of the Town of Canton to meet on the

Brayton School Campus, in the Atkins Auditorium of the Massachusetts
Hospital School, 3 Randolph Street in said town on

                 MONDAY THE TWENTY-SIXTH DA Y
                                       OF APRIL, 2004

athalf past seven o'clock in the evening for the annual town meeting at
which time and place the following articles are to be acted upon:



ELECT A MODERATOR
Article 1      To elect    a   Moderator   to    preside at this Town Meeting         and to serve until
the Annual Town Meeting in 2005, or to take any other action in relation thereto.
Board of Selectmen




ADOPT RULES TO GO VERN TO WN MEETING
Article 2      To   see   if the   town   will   vote   to   adopt   certain   procedures to govern the
conduct of the 2004 annual      town   meeting, or to take any other action in relation thereto.
Board of Selectmen




HEAR REPORTS OF COMMITTEES APPOINTED AT PRIOR TOWN MEETINGS
Article 3 To hear the reports of all committees, appointed at previous town meetings
which have not yet been discharged, or to take any other action in relation thereto.
Board of Selectmen

Source page 2

ACT ON "CONSENT             AGENDA"
Article    4      To see if the town will votedispose of certain articles in this warrant by
                                                    to

                                       called, consent agenda, or to take any other action
a single vote, in accordance with a, so-

in relation thereto.

Board of Selectmen


COLLECTIVE BARGAINING AGREEMENTS UNDER SCHOOL COMMITTEE
Article    5      To see if the town will vote, in accordance    with the provisions of section
                                                                 to raise and appropriate,
seven   of chapter   one      fifty E (MGL chapter 150E, §7),
                           hundred
transfer from available funds, or borrow pursuant to any applicable statute, a sttm of
                                        cost items contained in any collective bargaining
money for the purpose of funding any
agreements                by the school committee, on behalf of the town, group of
                entered into
                                                                     and to raise and
employees, or, groups of employees, serving under its jurisdiction,
                                                           as may be necessary to fund
appropriate, by borrowing or otherwise, such sums of money
contracts for personal services with any individual      employees, or to take any other action
in relation thereto.
Board     of Selectmen~ELECTED
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Source page 3

SUPPLEMENT            FISCAL ' 04 ACCOUNTS
Article     9       To   see   if the town will vote   to   appropriate    from any available funds, or to
transfer from one line item to another, any sum or sums of money for the purpose of

supplementing appropriations   made for the fiscal year beginning on July 1, 2003 and

ending on June 30, 2004 under article 38 of the warrant for the 2003 annual
                                                                                                town


meeting, or to take any other action in relation thereto.
Board of Selectmen/School Committee


TRANSFER           UNEXPENDED            PRIOR YEAR APPROPRIATIONS
Article 10          To see if the town will vote       to   transfer the unexpended balance of certain
                                             articles in the warrants       for prior town    meetings, or to
appropriations made under various
take any other action in relation thereto.
Board of Selectmen




AUTHORIZE           CONTRACTS OF MORE THAN THREE YEARS DURATION
Article 11          To   see   if the town will vote, in accordance with the provisions                of section

                                    [ GL chapter 30B, §12(   b)],   to authorize the finance
twelve ( b)of   chapter thirty B, M
director (in his capacity as chief procurement officer)  to solicit  and award contracts for
terms  of more than three years, provided in each such instance the longer term is
determined to be in the best interest of the town by a vote of the board of selectmen, or to
take any other action in relation thereto.
Board of Selectmen


AUTHORIZE            CERTAIN REVOLVING FUNDS
Article 12          To   see    what     funds pursuant to c. 44, section 53E ¥2 of the
                                       revolving
                                                                         commissions or
general laws the town will authorize or reauthorize, for various boards,
departments  of the town, for the fiscal year beginning July 1, 2004 and ending June 30,
2005.
Board of Selectmen


OMNIBUS"CAPITAL OUTLAY PROGRAM
Article 13          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
                                                                                                       of money,
Selectmen, to borrow (and to issue bonds or notes therefor) any sum                      or   sums

or   by any combination          of these methods of financing        as   may be necessary       or   desirable,
make available funds for the purpose of purchasing, leasing, re~    conditioning, improving
                       vehicles    other items of           or machinery or other items
or   replacing
            any motor           or                equipment
of   personal property         for any   town                            contracting for any
                                                agency, or for the purpose          of

service, or for the design, repair, acquisition, construction, replacement or relocation or
                                                                   works facility (including
improvement to any town building or other structure, public
                                                                            or real property,
highway needs and traffic safety items),any other town owned facility
or for any other purposes for which   borrowing may   be authorized,  to purchase, or to take
by eminent domain, any land or easements      necessary for any such purposes and, where

applicable, to authorize the trade-in of any presently owned motor vehicles, equipment
                                                                                       or

Source page 4

machinery    to   reduce the purchase or   acquisition   cost   of any item   to   be   acquired, or to
take any other action in relation thereto.
Board of amendedin
         Selectmen~
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Source page 5

vehicles and having not
buildings, structures, or portions thereof, used for parking motor
less than twenty-five percent of the total wall area open       atmosphere at each level,
                                                                  to


utilizing at least two sides of the structure. This section shall not apply
                                                                            to buildings or

additions used for residential purposes.     The head of the fire department shall enforce the
provisions of this section.

Whoever is aggrieved by the head of the fire department's interpretation, order,

requirement,direction or failure to act under the provisions of this section, may, within

forty-five days after the service of notice thereof, appeal from such interpretation, order,
                                                                            board as
requirement, direction or failure to act to the automatic sprinkler appeals
provided in section two hundred and one of chapter six.
Board of Selectmen/Fire Department


ACCEPT PROVISIONS                 FOR SPRINKLER          SYSTEM IN BOARDING            HOUSES

Article 16       To   see   if the Town will vote   to
                                                     accept    the    provisions of chapter 148
section 26H -    Lodging     or   boarding houses; automatic    sprinkler systems, the text of which
in relevant   part is set forth below:

Section 26H - In any city or town which accepts the provisions of this section, every
                                                               with an adequate system
lodging house or boarding house shall be protected throughout
of automatic           in accordance with the            of the state building code. No
                                                         provisions
                sprinklers
such sprinkler system shall be required unless sufficient water and water pressure exists.
In such buildings or in certain areas of such buildings, where the discharge of water
would be an actual          in the event of a fire, the head of the fire department shall
                       danger
                                                                                     the state
permit the installation of such other fire suppressant systems as are prescribed by
         code in lieu of automatic sprinklers.  The  head  of the fire department shall
building
enforce the provisions of this section.


For the purposes of this section "lodging house" or "boarding house" shall mean a house
where           are let to six or more persons not within the second degree
                                                                            of kindred to
       lodgings
                                                                                                   homes
           conducting it,but shall not include fraternity houses or dormitories
                                                                                            rest
the person
                                              of the commonwealth.
or
   group residences or regulated by agencies

                                                                      of this section shall be equipped
Any lodging or boarding house subject to the provisions
with automatic    sprinklers within five years after acceptance of this act by a city or town.

Whoever is aggrieved by the head of the fire department' s interpretation, order,
            or direction under the provisions of this section, may within forty-
                                                                               five days
requirement
after the service of notice thereof, appeal from such interpretation, order or requirement
to the board of   appeals of the fire safety commission as provided in section two hundred
and one of chapter six.
Board of Selectmen~

Source page 6

ACCEPT        PROVISIONS               FOR      SPRINKLER         SYSTEMS       FOR     MULTIPLE
DWELLING        UNITS
Article 17       To    see   if the town will accept the    provisions of chapter 148, section 261 -
Multiple dwelling units;       new     construction; automatic sprinkler systems, the text of which
in relevant part is set forth below:


Section 26. In a city, town       or   district which accepts the provisions of this section, any

building hereafter constructed or hereafter substantially rehabilitated so as to constitute
the equivalent of new construction and occupied in whole or in part for residential

purposes and containing not less than four dwelling units including, but not limited to,
lodging houses, boarding houses, fraternity houses, dormitories, apartments, townhouses,
condominiums, hotels, motels and group residences, shall be equipped with an approved
system of automatic sprinklers in accordance with the provisions of the state building
code. In the event that adequate water supply is not available, the head of the fire

department shall permit the installation of such other fire suppressant systems as are
prescribed by the state building code in lieu of automatic sprinklers. Owners of buildings
with approved and properly maintained installations may be eligible for a rate reduction
on   fire insurance.
Board of Selectmen/ Fire        Department

REMOVE DOLLAR AMOUNT LIMITATIONS                             FOR BORROWING
Article 18       To see if the Town will vote        to   amend motion 10 and motion 11 of Article
50 of the 1999 Annual Town Meeting to provide additional flexibility             to remove   the
limitation upon the amount of money that is authorized to be borrowed in any one fiscal
                                                                                   the
year and the limitation upon the annual rate of expenditures, by deleting entirely
requirements   for expenditures and borrowings  to be not           420,000. per year for
                                                          more than $

ten years, or to establish     other, different substitute time periods, or to take any other
action with respect thereto.
Board of Selectmen


PROPOSED       ACQUISITION OF LAND ABUTTING NEPONSET RIVER
Article 19       To see if the Town will vote        to   authorize the Board of Selectmen to
                         or gift from Sunoco (Sun Refining and Marketing          Company) a
acquire by purchase
parcel of land (approx. 3.4 acres),as that runs along the Neponset River being Canton
Assessors Map 7 Lot 24 (702 Neponset St.)       Norfolk County Registry of Deeds Book

6412, Page 162, for general municipal purpOses, or to take any other action with respect
thereto.
Board of Selectmen




PROPOSED       ACQUISITION OF LAND ON KENNEY/ WASHINGTON                              STREEET
Article 20       To see if the Town will vote        to   authorize the Board of Selectmen   to


accept in lieu of foreclosure pursuant to chapter 60 section 77C of the General Laws for
general municipal purposes the real property commonly known as 50 Kenney Street

Source page 7

Assessor Map
Canton Assessors Map 64,Lot 168) and 1699 Washington Street ( Canton
                                                               in the Norfolk Registry
64, Lot 169),and more particularly described by Deed recorded
of Deeds in Book 13504 at Page 78, or to take any other action with respect thereto.
Board of Selectmen


ESTABLISH STORMWATER                       ENTERPRISE ACCOUNT
Article 21          To see if the town will vote        to    establish   a   Storm Water Enterprise
                                                                                              the
Account, pursuant to Chapter 44, Section 53F V2 of the general laws of
Commonwealth, for the Fiscal year beginning July 1, 2004, into which Enterprise
Account   shall be deposited all receipts, revenues               and funds received by the Canton

Department                                   utility billings to be issued by the town, and
               of Public Works for storm water
                                                                                    the
from which Enterprise Account all expenditures shall be under the supervision of
Board of Selectmen, in accordance with such budgets as may be appropriated by town
                                                                                 and
meeting, for the purposes of operating, maintaining, making improvements to,
otherwise making           extraordinary repairs to, the enterprise of the town's municipally
owned storm          collection and control systems, and further to see if the Town will
                   water

vote to establish and appropriate a budget for such Storm Water Enterprise
                                                                               Account for

the 05 Fiscal Year beginning             July 1, 2004, or take any other action in relations thereto.
Board of Selectmen/ Conservation               Commission


PROPOSED                                  OF PARCEL ON CULLODEN                       DRIVE
                   ACQUISITION
Article 22          To see whether        or not   the Town will vote         to   authorize the Board of
                                                                                               known as Parcel
Selectmen     to   acquire by purchase or gift, real property more commonly
A, Culloden Drive, Canton           as    shown on a plan entitled, "Lot Layout 'Fieldstone
Meadows' Definitive Subdivision Plan of land in Canton, MA Feb. 15, 1994 Toomey-
Munson & Associates, Inc. Civil Engineers & Land Surveyors,"Plan No. 585 of 1994,
located in Plan Book 424. Assessors Map 17, Lot 25 are available for review Plans
available at the office of the Selectmen and the office of the Town Clerk, or to take any
other action with respect thereto.
Board of Selectmen


LAND OR EASEMENTS                FOR GREEN LODGE STREET INTERCEPTOR                  SEWER

Article 23          To see if the Town will vote to authorize the Board of Selectmen  to

                                                       land     the                     plan described in a
acquire by purchase, gift or by eminent domain
                                                                              or easements

on file in the Board of Selectmen' s office consisting   of approximately 25 private parcels
of land necessary in order to perform the replacement of the Green Lodge Interceptor
Sewer, and further to raise and appropriate              or   transfer from available funds or borrow
from any applicable statute, a sum of money to carry out the foregoing.                          Plans available

at the office of the Selectmen, and the office of the Town Clerk.

The land/easements to be acquired              are   located on or along the following affected

properties:

Map 34               Lot 4,

Map 35               Lot 2,

Map 35               Lot 5,

Map 49               Lot 90, Lot 91, Lot 92, Lot 93, Lot 94, Lot 95, Lot 123, Lot 124,

Source page 8

Map 50            Lot 1, Lot 26, Lot 30, Lot 31, Lot 32, Lot 33, Lot 35, Lot 37,

Map 51            Lot 2 and Lot 3,

Map 65            Lot 20,

Map 66            Lot 27 and Lot 162,

Map 67            Lot 1
Board of Selectmen


ADDITIONAL            EASEMENTS FOR PROPOSED IMPROVEMENTS
                  LAND/                                                                      TO

INTERSECTIONS ON ROUTE 138
Article 24       To see if the Town wilt vote       to   amend the motion voted pursuant         to

Article 41 at the 2002 Annual Town Meeting by authorizing                 the Board of Selectmen      to

                                                                                                      be
acquire, by purchase, gift or eminent domain the additional land or easements       may     as

                                                     the improvements proposed   to the
necessary in order to make further adjustments to
             of            Street and            Street as shown on an updated Plan of Land
intersection    Turnpike               Randolph
prepared by VHB Engineers entitled "Right of Way Plan of Turnpike Street (Route 138)
in the Town of Canton" dated February 13, 2004 and further the additional land or
easements as may be necessary in order to make further adjustments to the improvements

proposed to the intersection of Turnpike Street and Washington Street as shown on a
further Plan of Land prepared by VHB Engineers entitled "Right of Way Plan of
                                                                           2004 which
Turnpike Street ( Route 138)in the Town of Canton" dated February 13,
plans are on file with the office  of the Board of Selectmen,  Town Engineer and Town
Clerk.
Board of Selectmen



FEES SET BY BOARD OF SELECTMEN
Article 25 To see if the Town will vote to amend the General                   By-laws of the Town,
Article 16, Section 11 ( Fees for Sealing of Weighing and Measuring Devices) and Article
14, Section 50 ( Regulation  of, so called, Yard Sales) by removing all fee amounts and
insert "as set by the Board of Selectmen pursuant            to   chapter 40 section 22F of the
Massachusetts    General Laws".
Board    of Selectmen


RETIRED POLICE              OFFICERS
Article 26       To   see   if the town will vote   to   request the Town's representatives in the
General Court to seek special home rule legislation for the benefit of the Town of Canton

reading as follows, provided however that the general court may make non-
                                                                        substantive
                    thereof    accomplish the public policies thereof:
changes to the text         to



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        officers as special police officers for the purpose of performing
                 police
                                                                 the course of police detail
police details or any police duties arising therefrom or during
                   of whether or not related to the detail work. The retired police officers
work,    regardless
must have been regular Canton police officers and retired based upon superannuation.

Source page 9

The special police officers shall be subject        the same maximum age restriction as
                                                    to

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 he is capable of performing the essential duties of a

special police officer, the cost of which shall be borne by the special police officer, prior
to performing police details.



          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 Police Chief with approval of the Board of Selectmen at any time

with 14 days written notice. Upon request, 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                 and requirements regarding uniforms and equipment. Special police
       qualifications
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 special police
officers 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 65. In the event the age limitation applicable to regular police officers
serving a 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.

Source page 10

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 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.
Board of Selectmen




LAND DISPOSITION AND HOME RULE PETITION:                                      TOWN OF CANTON LAND
IN STOUGHTON -                 ASSESSOR' S MAP 57, LOT 91
Article 27 To see if the Town will vote ( 1)to authorize the Board of Selectmen                          to   sell,
convey    or   otherwise    dispose of all or part of the of the land owned by the Town on
Washington          Street in the Town of Stoughton, said land described in the Stoughton
Assessor's records    Map 57, Lot 91, or to take any other action in relation thereto; and
                          as


2)to request the Town's representatives in the General Court to introduce legislation
under Article XCVII            of the Amendments to the Massachusetts               Constitution   to authorize

the Town       to use, or to sell, convey    otherwise dispose of part of all of said land for
                                                  or

other than water        shed protection purposes and to authorize the Board of Selectmen to
make constructive changes in perfecting the language of this legislation in order to secure

passage, it being the intent to authorize the Board of Selectmen and the General Court to
vary the specific text of the legislation consistent with the scope of the general objectives
of this home rule petition, or to take any other action in relation thereto: such legislation
to   read substantially as follows:


AN ACT AUTHORIZING THE TOWN OF CANTON TO USE, OR TO SELL,
CONVEY OR OTHERWISE DISPOSE OF CERTAIN LAND OF THE TOWN
SITUATED IN THE TOWN OF STOUGHTON FOR ANY LAWFUL PURPOSE


Be it enacted by the Senate and the House of Representatives                      in General Court
assembled, and by authority of the same, as follows:

SECTION 1. Pursuant to Article XCVII of the Amendments to the Constitution of the
Commonwealth of Massachusetts,      notwithstanding the provisions of any general or
special law to the contrary, the Town of Canton may use for any lawful general municipal

purpose, or may sell, convey or otherwise dispose of certain land situated in the Town of
Stoughton, described in the Assessor's records of the Town of Stoughton as Map 57, Lot
91, which was purchased by the Town of Canton for water shed protection purposes.

SECTION 2             This act shall take effect upon its passage.
Board of Selectmen




                                                                                                                      10

Source page 11

ACCEPTANCE          OF HUNTER LANE
Article 28       To see whether or not the town will vote            to   accept the layout and
definition of certain streets    or
                                      portions of streets, including:
          Hunter Lane in its entirety from the intersection of Cedarcrest Road to/ts
terminus at the sac,
                cul-  de-a distance of 800 Feet, as built plan dated 94,11/07/a copy of
which plan is on file in the office of the Selectmen and the office of the Town Clerk.
Board of Selectmen


REAL ESTATE ASSESSMENT
Article 29       To see if the town will vote           to   accept the provisions of St. 1989, c.
     ( GL ch. 59 Sec. 2A(a)the text of which in relevant part provides
653; M                                                                                            as   follows:


The assessors    of each city and town shall determine the fair cash valuation of such
real property for the purpose of taxation on the first day of January of each year.

Notwithstanding    the foregoing, in any city or town which accepts the provisions                          of
this section, buildings and other things erected on or affixed to land during the

period beginning on January second and ending on June thirtieth of the fiscal year
preceding that to which the tax relates shall be deemed part of such real property as
of January first.
Board of Selectmen/ Board of Assessors


DISPOSITION        OF 1476 WASHINGTON               STREET
Article 30       To see if the town will vote to authorize the Board of Selectmen to declare
the structure known as the "white house" as surplus and to authorize its sale, conveyance
or   other disposition such as demolition to remove            from its recent location      at   1476

Washington Street and further to raise and appropriate              a sum   of $
                                                                               10,000 to carry out the
forgoing, or to take any other action with respect thereto.
Board of Selectmen


TITLE OF "DOG OFFICER"
Article 31        To see if the town will vote      to   amend section 39 ("
                                                                           Regulation              Of Dogs")
               Police Regulations') of the Canton Bylaws
of Article XIV ("                                                          so   as   to change the title of
the Dog Officer to Animal Control Officer, whenever the words "Dog Officer" appears in
sections 39-3,39-4,39-7,39-8,and 39-9 of such Bylaw.
Board of Selectmen




ESTABLISH HOTEL TAX
Article 32       To see if the town will vote       accept the provisions of Chapter 64G of the
                                                   to

General   Laws to establish     a local hotel occupancy  tax at the rate of 4%,
                                                                              section 3 of
which chapter is set forth in relevant part below:

          Chapter 64G, Section 3 -An excise is hereby imposed upon the transfer of

occupancy  of any room   or rooms in a bed and breakfast establishment, hotel, lodging
house, or motel in this commonwealth by any operator at the rate of five per cent of the




                                                                                                              11

Source page 12

total amount of rent for each such occupancy. No excise shall be imposed if the total
amount of rent is less than fifteen dollars per day                  or   its equivalent.
       Section 3A -  Any city            or   town    which accepts the provisions of this section shall
be authorized    impose a local excise tax upon the transfer of occupancy of any room or
                   to

rooms in a bed and breakfast establishment, hotel, lodging house or motel located within

such city or town by any operator at a rate up to, but not exceeding, four per cent of the
total amount of rent for each such occupancy. No excise shall be imposed if the total
amount of rent is less than fifteen dollars per day or its equivalent or if the
accommodation            is exempt under the provisions of section two of this chapter. The
                                                                        this section to the
operator shall pay the local excise tax imposed under the provisions of
commissioner        at   the same time and in the same          manner       as   the excise tax due the
commonwealth.            All sums    received by the commissioner under this section as excise,

penalties   or   forfeitures, interest, costs of suit and fines shall at least semi-annually be
distributed, credited and paid by the state                upon certification of the commissioner
                                                         treasurer

to each city or town        that has adopted the provisions of this s
                                                                    ' ection in proportion to the
amount f such sums received from the transfer of occupancy in each such city or town.
This section shall only take effect in a city or town  accepting the provisions of this
section by a majority vote of the city council with the approval of the mayor, in the case
of a city with a Plan A, Plan B, or Plan F charter; by a majority vote of the city council, in
the case of a city with a Plan C, Plan D, or Plan E charter; by a majority vote of the
annual town meeting or a special meeting called for the purpose, in the case of a

municipality with a town meeting form of government; or by a majority vote of the town
council, in the case of a municipality with a town council form of government. The
provisions of this section shall take effect on the first day of the calendar quarter
following thirty days after such acceptance, or on the first day of such later calendar
                                                                  in accepting the provisions
quarter as the city or town may designate. The city or town,
of this section, may not revoke or otherwise amend the applicable local tax rate                       more


often than once in any twelve-month                  period.
Board of Selectmen


DELIVER Y OF ANNUAL                    REPORT                                           ,
Article 33           To    see   if the Town will vote                     Law, Article IX, Section 3
                                                            to amend the By-

by deleting      the current text which currently          provides as follows:

        The Selectmen shall cause               to   be left at the residence of every       legal voter a copy
of the Annual Town Report, for the preceding                   year, at     least fourteen (14)days before the
Annual Town Meeting"


and replace with          new    Section 3 which shall state:


                                                                                                 of the Annual
Upon request, the Board of Selectmen shall cause to be delivered a copy
Town Report for the preceding year to every legal voter who so requests a copy".
Board of Selectmen




                                                                                                                 12

Source page 13

TITLE OF "EXECUTIVE                     SECRETARY"
Article 34         To see if the town will vote       to               laws of the Town ( Article X
                                                           amend the by-
                                     and vote
Section 1 and Article XIV Section 49),                       to   amend the motion voted pursuant        to

Article 56, of the 1968 Annual Town             Meeting that provides " The Board of Selectmen
shall appoint     an   executive secretary to assist them in the performance of their duties"
this is described as a "standing vote of Town Meeting "not contained in the bylaws of
the town)by in each case deleting the words "Executive Secretary" and replacing with
the following words: "Such official with such title as designated by the Board of
Selectmen and as authorized under Chapter 41, Section 23A of the General Laws".
Board of Selectmen


ANTI-SMOKING              B Y-
                             LA W
Article 35         To   see   if the town will vote   to   amend Article 39 of the 2002 Annual Town

Meeting, the anti-smoking by-law by deleting the current               text   of the bylaw and replacing
it with the following:


Article 16 Section 9          This by-law amendment is promulgated under the authority               granted
to   the Town pursuant        to   the provisions of section six of article 89 of the amendments to
the state constitution and every other enabling authority as may be. "Smoking is

prohibited in all workplaces, restaurants, bars, and all enclosed or public places within the
Town of Canton         except as may be authorized in section F of this by-law

A. Statement of Purpose:
Whereas conclusive evidence exists that tobacco smoke causes cancer, respiratory and
cardiac diseases, negative birth outcomes, irritations to the eyes, nose, and throat; and
whereas the harmful effects of tobacco smoke are not confined to smokers but also cause
severe   discomfort and illness to nonsmokers; and whereas environmental tobacco smoke
hereinafter ETS],which includes both exhaled smoke and the side stream smoke from
burning cigarettes and cigars, causes the death of 53,000 Americans each year; and
whereas in 2000, the Public Health Service's National Toxicology Program listed
environmental tobacco smoke as a known human carcinogen (U.      S.DHHS, 2000, citing
Cal. EPA, 1997),now, therefore, the voters of the Town of Canton in town meeting
assembled, recognize the fight of those who wish to breathe smoke free air and
establishes this bylaw to protect and improve the public health and welfare by prohibiting

smoking in public places.

B. Authority:
This bylaw amendment is promulgated under the authority                  granted to the town pursuant
to the provisions of section six of article 89 of the amendments               to   the state constitution
and every other enabling           authority as may be.

C. Definitions:
For the purposes of this bylaw, the following words shall have the meanings                    respectively
ascribed   to   them by this paragraph:


Board: The Board of Health of the Town of Canton




                                                                                                              13

Source page 14

Bar: An establishment whose business is devoted to the serving of alcoholic         beverages
for consumption     by guests   on   the premises and in which the serving of food is only
incidental to the consumption        of such beverages.


Employee: Any person who performs            services for an employer with or without

compensation.

Employer: A person, business agent, partnership, association, corporation, trust, or other
organized group of individuals, including the Town of Canton, or any agency thereof,
which utilizes the services of one (1)or more       employees.

Enclosed Space: A space bounded by walls (with or without windows) and enclosed by
doors, including, but not limited to, offices, rooms and halls. The term is intended to also
include more than just rooms within a buildingor any other fully enclosed space and

includes any area which has one or more sides or a roof or the exterior portion of a

building which is covered by a roof (e.g,an entry or egress to the building) or places
which provide screening from the wind by having one or more walls (e.g. a bus stop);    the
term is further intended to include  vehicles owned  by the Town   and vehicles used in
                       and the         areas adjacent to or in places where public
public transportation          waiting
transportation is provided.

Person:  Any individual, firm, partnership, association, corporation, company or
organization of any kind including, but not limited to an owner, operator, manager,
proprietor or person in charge of any building, establishment, business, or restaurant or
retail store, or the business agents or designees of any of the foregoing.


Public Place: Any building       facility owned, leased, operated or occupied by the
                                or


municipality, including school buildings or grounds; any area open to the general public
including, but not limited to, libraries, museums, theaters, auditoriums, indoor sports
arenas    and/or recreational facilities, inns, hotel and motel lobbies, educational facilities,
stores, shopping malls, public restrooms, lobbies, staircases, halls, exits, entrances,
                   to the public, licensed child-care locations and bars.
elevators accessible


Public Transportation: Buses, taxis, and other means of transportation available to the

general public while such means of transportation is operating within the boundaries of
the Town of Canton including indoor platforms by which such means of transportation

may be accessed.


Retail Tobacco Store: Any establishment whose primary purpose is to sell or offer for
sale tobacco products and tobacco paraphernalia, in which the sale of other products is

clearly incidental and neither possesses nor is required to possess a retail food permit.

Smoking: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other
tobacco product in any form.




                                                                                                   14

Source page 15

Town: The Town of Canton


D. Smoking Prohibited:

Smoking is prohibited in all workplaces, restaurants, bars, and all enclosed or public
places within the Town of Canton except as may be authorized in section F of this bylaw.

E. Posting Notice of Prohibition:

Every person having control of premises upon which smoking is prohibited by and under
the authority of this bylaw shall conspicuously display upon the premises "No Smoking"

signs using a clearly readable font with at least 2-  inch highly contrasted lettering, or the
international " No Smoking" symbol (consisting of a pictorial representation of a burning

cigarette enclosed in a red circle with a red bar across it at least 6 inches in diameter).

E Exceptions:

 Notwithstanding the provisions of Paragraph D of this bylaw, smoking may be
permitted in the following places and/or circumstances:

1.   Private residences, except those portions used as a childcare      or   health care office
when operating   as   such,

2.   Retail tobacco stores where the owner or manager ensures  that persons under the

age of eighteen ( 18)may never enter the premises at any time, and  where the owner or

manager conspicuously posts signs, acceptable to the Board, at the entrance(s) stating that
persons under the age of eighteen (18)are prohibited from entering the premises and
stating further that environmental tobacco smoke is hazardous to health;

G. Conflict with Other Laws or Regulations:

Notwithstanding the provisions of the foregoing Paragraph F of this regulation, nothing
in this regulation shall be deemed to amend, repeal or override applicable fire, health or
other regulations or statutes so as to permit smoking in areas where it is prohibited by
such fire, health or other regulations or statutes.


H. Violations:

Any person, employer, and/or his or her employee or business agent, who violates any
provision of this bylaw, the violation of which is subject to a specific penalty, may be
penalized by the non-criminal method of disposition as provided in MGL c 40, § 21D or
by filing a criminal complaint at the appropriate venue. It shall be the responsibility of an
employer, or his or her employee    or   business agent, to ensure   compliance    with all
sections of this bylaw.


I.Penalties:

Any person who violates any provision of this bylaw shall be subject to a fine of one
                                                                200) for a second
                 100) for a first offense, two hundred dollars ($
hundred dollars ($
offense within one year of the date of the first offense and three hundred dollars ($
                                                                                    300)
for a third or subsequent offense within one year of the date of the first offense.
Violations of this bylaw may be enforced in the manner provided in MGL c 40, § 21D.




                                                                                                  15

Source page 16

J.Waivers:
No waivers or exemptions                                                                 shall be granted to this bylaw, except as provided under
section F of this bylaw.


K.Enforcing Persons:
Enforcement of this bylaw shall be conducted                                                                                         by the Canton Police Department, Canton
Board of Health and its designees.


L. Severability:
This bylaw is severable. If any paragraph or provision of this bylaw is found to be illegal,
unenforceable, contrary to other superceding laws or unconstitutional, it shall not affect
the legality of any remaining                                                                    paragraphs or provisions.

M.Replacement:
This bylaw shall replace, in its entirety, Article 39, the anti-smoking bylaw, approved by
the 2002 Annual Town Meeting, or to take any other action with respect thereto.
Board of Selectmen~
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         Hall,- Attorney
Memorial G.

Source page 17

Public Library and on the town web site from Industrial, Single Residence A, and Single
Residence C to General Residence, or to take any other action in relation thereto.
Citizen Petition - John S. Marini by Attorney Paul Schneiders



AMEND ZONING BY-
               LA W FOR "MIXED USE OVERLAY DISTRICT"
Article 38         To see if the Town will vote          to    amend the Zoning
                                                                    By-Law of the Town, as
most  recently amended, by inserting a new section creating an " overlay" district which
would permit "mixed-use".Said new section shall be substantially in the form contained
in a draft by-law provision entitled "Mixed Use Overlay District"copies of which have
been placed on file and are available for public review at the office of the Planning
Board, at the office of the Town Clerk, and at the office of the Board of Selectmen in
Memorial Hall, at the research Desk at the Canton Public Library and on the town web
site, or to take any other action in relation thereto.
Citizen Petition - Francis J. McQuaide by Attorney Paul Schneiders

AMEND ZONING BY-LA W BY PLACING CERTAIN PARCELS ALONG R O YALL
A VENUE AND DA VENPORT A VENUE INTO "MIXED USE OVERLAY
DISTRICT"
Article 39          To   see   if the Town will   vote    to   amend the Zoning By-
                                                                                  Law of the Town,
as   mostrecently amended, by placing the ten ( 10)parcels of land located along Royall
Avenue and Davenport Avenue, described on the Board of Assessors        Map 69, as Lots 7,
8, 9, 10, 11, 12, 13, 14, 15 and 16 and as shown on a plan of land copies of which have
been placed on file and are available for public review at the office of the Planning
Board, at the office of the Town Clerk, and at the office of the Board of Selectmen in
Memorial Hall, at the research desk at the Canton Public Library and on the town web
site to be within the "Mixed Use Overlay District"established by vote under Article 37 of
the warrant    for this 2004 Annual Town Meeting, or to take any other action in relation
thereto.
Citizen Petition - Francis J.McQuaide by Attorney Paul Schneiders


AMEND ZONING MAP FOR 140 WILL DRIVE TO LIMITED INDUSTRIAL
Article 40        To see if the town will vote to amend the town's zoning map, as most

recently    amended, by changing the designation of the parcel of land located at 140 Will
Drive from partially in Zoning District Limited Industrial; General Residence; and Single
Residence C; to be entirely within the Limited Industrial Zoning District. Said parcel is
described on the Board of Assessor's Map 57 as Lot 72, and is shown on a plan of land,

copies of which have been placed on file and are available for public review at the office
of the    Planning Board, at the office of the Town Clerk, and at the office of the Board of
Selectmen in Memorial Hall, at the research desk at the Canton Public Library and on the
town     web site or to take any other action in relation thereto.
Citizen Petition - Attorney Paul Schneiders




                                                                                                 17

Source page 18

AMEND ZONING MAP FOR PORTION OF LAND ON RANDOLPH                                 STREET TO

SINGLE RESIDENCE             B
Article 41          To see if the Town will vote   to   amend the town's zoning map, as most

recently amended, by changing the designation of a portion of land, approximately 12
acres in size, located on Randolph St.,  described on Board of Assessors Map 63, Lot 2
and as shown on a plan of land, copies of which have been placed on file and are
available for public review at the office of the Planning Board, at the office of the Town
Clerk, and at the office of the Board of Selectmen in Memorial Hall, at the research desk
at the Canton Public Library and on the town web site, from Parkland, Recreation and

Open Space District (PROSD) to Single Residence B, or to take any other action in
relation thereto.
Citizen Petition - Brian Fitzgerald by Attorney Paul Schneiders




AMEND ZONING MAP B Y CREATING                  A "TURNPIKE STREET OVERLAY
BUSINESS          DISTRICT"
Article 42       To see if the Town will vote to amend the town's zoning map, as most

recently   amended, by inserting a new section creating a new "overlay" business district
for Turnpike Street which would allow certain business uses, said new section to be

substantiallyin the form contained in a draft by-law provision entitled "Turnpike Street

Overlay Business District" copies of which have been placed on file and are available for
public review at the office of the Planning Board, at the office of the Town Clerk, and at
the office of the Board of Selectmen in Memorial Hall, at the research desk at the Canton
Public Library and on the town web site, or to take any other action in relation thereto.
Citizen Petition -    Attorney Paul Schneiders

AMEND ZONING MAP BY PLACING                   925-955 TURNPIKE STREET IN THE
TURNPIKE           STREET OVERLAY BUSINESS               DISTRICT"
Article 43      To see if the Town will vote to amend the town's zoning map, as most

recently   amended by placing the parcels of land located at 925-955 Turnpike Street,
described    on   the Board of Assessors Map 89, as Lot 1 and Lot 2 comprising      a   total of

approximately 12.46 acres, as shown on a map copies of which have been placed on file
and are available for public review at the office of the Planning Board, at the office of the
Town   Clerk, and at the office of the Board of Selectmen in Memorial Hall, at the research
desk at the Canton Public Library and on the town web site, to be within the Turnpike
Street Overlay Business District established       by vote under Article   41of the warrant for

this town meeting, or to take any other action in relation thereto.
Citizen Petition - Attorney Paul Schneiders

AMEND ZONING MAP BY CHANGING                       DESIGNATION       OF 27 PARCELS OF
LAND ALONG REVERE AND LINCOLN STREETS
Article 44 To see if the Town will vote to amend the Town's Zoning map, as most

recently amended by changing the designation of the twenty-seven (27)parcels of land
located along Revere Street and Lincoln Street, described on the Board of Assessor's
                                                         and 112 with access from
maps 26, and 27, as lots 13,
                         1,
                         3,
                         5,
                         7,
                         9,
                         11,            2,
                                        4,
                                        6,
                                        8,
                                        10,
                                        12,
                                        14



                                                                                                   18

Source page 19

Lincoln and or Revere Streets, and lots 15, 25,
                                            16,
                                            18,
                                            20,
                                            23,           17,
                                                          19,
                                                          22,
                                                          24,
                                                          26             and 27 with
access from Revere Street, as shown on a plan of land copies of which have been placed
on   file and are available for public review        at   the office of the Planning Board, at the
office of the Town Clerk and          at   the office of the Board of Selectmen in Memorial Hall, at
the Canton Public Library and the Town web site,from
                                                  '     Zoning District "Industrial" to
       District "General Residence"    to take      other action in relation thereto.
Zoning                              or         any
Citizen Petition - Alan M. Leary


AGE LIMIT FOR APPOINTMENT                       TO FIRE AND POLICE DEPARTMENTS
Article 45           To see if the town will rescind the vote of Article 37 of ATM 2001 to
enable Canton residents        over   the age of 32 to be appointed to the Fire and Police

Departments.
Citizen Petition - Edward Kelly

AMEND ZONING BY-LA W RELATIVE TO SIGNS AND ADVERTISING DEVICES
Article 46 To see if the Town will vote to amend Section 4.1, Signs and Advertising
Devices, of the Zoning Bylaw as follows, or to take any other action relative thereto: by
adding the following new Section A.
                                 4.
                                 2.
                                  12.
                                  A.
                                  3:


A.3      Signs erected in any Zoning Distric[ by the Town for public safety or Town
                                                                        limitation
         government message purposes, which signs, including without
         electronic message board signs, may be not more than 25 square feet in area and
                                                         at any time as necessary for
         may be lighted or illuminated in any manner and
         public safety or Town government message purposes notwithstanding any other
         provision of this        Bylaw. Such signs shall be set back at least fifteen (15)
                               Zoning
         feet from the paved surface of any way".
Board    of Selectmen

AMEND ZONING MAP REFERENCING DESIGNATION                                    OF CANTON
CENTER ECONOMIC                 OPPORTUNITY             DISTRICT
Article 47      To   see   if the town will vote   to   amend the zoning map, which was
                                                          meeting in 1999,
adopted under Article 27 of the warrant for the annual town
as the same has been furthered amended, by changing the designation of
certain areas   consisting of lots as indicated on map enclosed, to be the area
designated as Canton Center Economic Opportunity District.
      Or take any other action in relation thereto.


      Copies of the section of the Zoning Map showing the proposed changes
      have been placed on file in the office of the town planner, in the office of
      the town clerk, in the office of the planning board and at the reference
      desk of the Canton Public Library on or before the first day of April, and
      have thereafter been available at such locations for public review.

Planning Board




                                                                                                     19

Source page 20

LA W REFERENCING
AMEND ZONING B Y-                                      PARKING       REQUIREMENTS IN THE
CANTON CENTER ECONOMIC                   OPPORTUNITY        CENTER
Article 48     To see if the town will vote     to   amend the zoning   by-law, as most recently
amended, by changing the parking        requirements in the Canton Center Economic
Opportunity Center, under Section 8,
                                   5.  66.A.1, from one parking space for six seats to
one
    parking space for every four seats, so that the subsection, as amended, would read:

    A.1        For restaurants and other on premises eating and drinking
    establishments, not less than one ( 1)parking space for each four (4)seats,
    subject to the discretion of the Zoning Board of Appeals to require
    additional parking space. Where benches are used, not less than one ( 1)

    parking space for each four (4)feet of bench, subject to the discretion of
    the Zoning Board of Appeals to require additional parking space.


or, to take any other action in relation thereto



Copies of the section of the zoning by-law showing the proposed change have been
placed on file in the office of the Town Planner, in the office of the Town Clerk, in the
office of the Planning Board and at the reference desk of the Canton Public Library on or
before the first day of April, and have thereafter been available as such locations for

public review.
Planning Board

AMEND ZONING BY-LA W BY REDEFINING " B UILDABLE LOT AREA"
WITHIN THE CCEOD
Article 49     To see if the town will vote     to   amend the Zoning By-
                                                                        law, as most     recently
amended, by inserting   into Section 861. Canton Center Economic
                                     5.                                     Opportunity District,
after Section 8
              5.
               61. A.,a new subsection 861. B Buildable Lot, in substantially the
                                       5.

following form:

          5.
          861. B.       A buildable lot area shall be a single continuous tract of land

located entirely within the Canton Center Economic Opportunity District which is
contiguous with the frontage, and which excludes any land defined as a "Resource Area"
under the Massachusetts Wetlands Protection Act, MGL
                                                  (      Chp. 131, s. 40)and any land
with existing slopes in excess of 25 percent ( 25%).


Or to take any other action in relation thereto.


Copies of a section of the zoning by-law showing the proposed change have been placed
on file in the offices of the town planner, the town clerk, the planning board and at the

reference desk of the Canton Public Library on or before the first day of April, and have
thereafter been available   at   such locations for public review.

Planning Board




                                                                                                20

Source page 21

AMEND ZONING BY-LA W BYADDING                       AFFORDABLE         HOUSING

UNITS IN THE CCEOD
Article 50      To see if the Town will vote       to   amend the zoning by-
                                                                           law, as
most   recently amended, so as add a new section by inserting into Section
10,
5. 66. 11,
       5. 66. and 12,
                   5.  66. after Section 9,5. 66. in the Canton Center
Economic Opportunity District, provisions for affordable housing, so as to read
as   follows:


         5.     66.Units
         10Affordable
                At least fifteen               of the dwelling units shall be
                                   percent ( 15%)
                deed restricted in perpetuity, for occupancy by persons earning
                not more than eighty percent of the area median income as
                defined by the Commonwealth' s Department of Housing and
                Community Development. Such affordable housing units shall
                be integrated into the overall development so as to prevent the

                physical segregation of such units and otherwise shall be
                indistinguishable from market rate units except in size and
                interior finishing and appliances.


         5.
         11Preference
                66.
                As a condition of approval, the Zoning Board of Appeals shall require that
                Canton residents be      first
                                     given     preferencein the purchase or renting of

                dwelling units within the Canton Center Economic Opportunity District
                Development.

         5.  66.Housing Authority
         12Canton


                For those apartment units specified as affordable, the Zoning Board of

                Appeals  shallrequirethat the Canton Housing Authority be given control
                with regard to the specifying of residents.
                Or take any other action in relation thereto.



                                                                       have been placed on
Copies of a section of the zoning map showing the proposed change
file in the offices of the town planner, the town clerk, the planning board and at the
reference desk of the Canton Public Library on or before the second day of April, and
have thereafter been available     at   such locations for public review.

Planning Board

AMEND ZONING BY-LA W REFERENCING COMMON                               OPEN LAND IN THE

CCEOD
Article 51      To   see   if the town will vote   to                      laws, as most recently
                                                        amend the zoning by-

amended, by changing the language of Section 7
                                             5. 66. Common Open Land in the
Canton Center Economic Opportunity District, to read as follows:




                                                                                                21

Source page 22

66. Each site is encouraged
           5.
           7                                       to   have Common Open Land for use by the

general public.       The open space shall have a shape, dimension, character and location
suitable to assure its' use for park or open space purposes by the general public, and

seventy five percent (75%)
                        of the land to be considered as Common Open Land shall be

contiguous and no piece of land to be included as part of the calculation of Common
Open Land, shall consist of a piece less than 200 square feet in size,
Or to take any other action in relation thereto.




 Copies of a section of the zoning map showing the proposed change have been placed on
file in the offices of the town
                              planner, the town clerk, the planning board and at the
reference desk of the Canton Public Library on or before the second day of April, and
have thereafter been available         at   such locations for public review; or to take any other
action in relation thereto.

Planning Board

AMEND ZONING B Y-
                LA W B Y INSERTING                              SECTION   REQUIRING CERTIFIED
ACOUSTICAL            BARRIERS IN CCEOD
Article 52        To    see   if the town will vote      to   amend the Zoning By-
                                                                                 law, as most   recently
amended, by inserting into Section 5.66, a new section 13
                                                       5.
                                                        66.in substantially the

following form:

          5.   66.Acoustical Barriers
          10Certified
                  Where there is a use   proposed use of property within the CCEOD
                                              or

                  where loud acoustical noise will be generated on a regular basis, a certified
                  acousticalengineer, using HUD standards, shall be used to ensure that the
                  sound generated from the use shall not disturb any abutting residents of
                  the property.


or, to   take any other action in relation thereto.

        Copies of a section of the zoning map showing the proposed change have been
placed     file in the offices of the town planner, the town clerk, the planning board and at
          on

the reference desk of the Canton Public Library on or before the second day of April, and
have thereafter been available        at    such locations for public review.

Planning Board

AMEND BY-LA W REFERENCING                          TOWN CLERK FEE SETTING
Article 53        To see if the Town will vote           to   amend Article V, Section 5 of the General

By-Laws of the Town           by striking   therefrom the existing fee schedule and inserting
therein the following:


The fees are     to   be set by the Town Clerk in accordance with applicable law including
GL c. 262, s. 34, or otherwise pursuant            to   GL c. 40, s. 22F"
Board of Selectmen/Town Clerk




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Source page 23

TAX INCREMENT             FINANCING     PLAN- DAN ROAD
 Article 54        To see if the town will vote   toapprove and to authorize the Board of
 Selectmen to enter       into a Tax Increment Financing Plan and Agreement with Dan Road

Realty, LLC and Dunkin' Donuts, 42 Dan Road (Assessor's map 59, lot 153) as part of a
Tax Increment Financing Zone which creates an exceptional opportunity for increased
economic development in a proposed development of the site for a bakery commissary
with a concomitant increase in the assessed valuation of the said site),and the
employment of a number of persons at such facility. Said agreement, copies of which
will be on file and available for examination by the public in the office of the Board of
Selectmen, in the office of the Town Clerk and at the reference desk of the Canton Public
Library, provides for certain exemptions from property taxation and is authorized by
MGL Chapter 32A, section 3E; chapter 40, section 49; chapter 59, section 5; 402 CMR
2. 18; and 751 CMR 1)(11.  04(or to take any other action in relation thereto.
                           b),
Citizen Petition - Attorney Paul Schneiders

APPROPRIATE           FUNDS FOR ACQUIRING ADDITIONAL                     PUBLIC OPEN SPA CE
Article 55         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 Board of Selectmen, to borrow
and    to   issue bonds
                     or notes therefore)
                                         any sum or sums of money, or by any combination
of these methods of financing as may be necessary or desirable to make available funds
for the purpose of providing additional public open space, conservation and recreation
land; to purchase or to take by eminent domain, or to otherwise acquire certain
undeveloped lands, which include "Indian Council Rock",and said property is described
in a deed recorded in Norfolk County Registry of Deeds, Book 4297,
                                                                       Page 700-701,
described in a deed as the second parcel and is known as " The Indian Council Rock Lot".
Said land is located at the westerly end of Village Gate Road sac,
                                                               cul-de~    consisting of 22
acres more or less, and
                         being shown as Lot 14 on Canton Board of Assessors Maps 90
and 101, available for public examination         by the public in the office of the Board of
Selectmen, in the office of the Town Clerk and at the reference desk of the Canton Public
Library, and also being shown on a Plan of Land recorded with Norfolk Deeds Book
1470, Page 640. To authorize the Board of Selectmen to accept as a gift any portion
thereof, said land to be under the jurisdiction of the Canton Conservation Commission
and the Canton Historical Commission and dedicated to conservation and passive
recreationalpurposes; and further to authorize the Board of Selectmen and/or the
Conservation and/or the Historical Commission to apply for and to accept any funds to
assist in said purchase, as may be available under any program, a portion of said money
to   be used for the purpose of
                              securing formal appraisals and preparing plans and
drawings necessary for recording said acquisition as needed.
Citizen Petition - George C. Comeau

INSURANCE PROCEEDS FOR LIBRARY
Article 56        To see whether the Town will vote      to   appropriate all   sums   recovered
under the terms of any insurance policy and all other insurance proceeds paid to the
Town in connection with casualty losses suffered at the uncompleted Canton Public

Library building, which appropriation is to be expended by the Building Renovations
Committee for purposes of the completion of that building project, and/or such repairs to




                                                                                                   23

Source page 24

the building   as   were   necessitated   by such casualty losses, or take any other action with
respect thereto.
Board of Selectmen




MUNICIPAL           OVERRIDE
Article 57          To see what sums the Town of Canton will vote         to    appropriate for the
purposes of funding        operating expenses for the municipal government and public schools
for the fiscal year beginning      July first, two thousand and four
Citizen Petition - Susan Baltrus


WELL-USE RESTRICTION
Article 58          To see if the Town will vote to authorize the Board of Selectmen to

accept   voluntary grant of a certain well-use restriction on land commonly known as the
         a

Blue Hill Country Club, 23 Pecunit St.,Canton, more particularly described on
Certificate of Title No. 81659, recorded with the Land court records of the Norfolk

county Registry of Deeds at Book 409, Page 509. The terms of the well-use restriction
shall be as determined by the Board of Selectmen, provided that the well-use restriction
shall provide that no wells on the property shall be used for drinking water, or for other

customary residential or household uses, or to take any other action with respect thereto.
Board of Selectmen


AMEND BY-LA W REFERENCING                     DOG AND KENNEL LICENSES                  AND FEES
Article 59      To see if the Town will vote       to   amend Article 14 Section 39 of the Canton
By-laws by deleting the first paragraph of Section 39-1 and replacing with "All fees for
dog licenses and kennel licenses, fines and penalties shall be set by the Town Clerk in
accordance with any applicable law or otherwise pursuant to GL c. 40, s. 22F; dog license
fees shall be based on the rate set for unspade females unless a certificate signed by a
licensed veterinarian is filed certifying that said dog, is incapable of propagation Section
39-1 is further amended by deleting " of twenty-five dollars" in paragraph six. Section
39-1 is further amended by deleting Section 39-1A in its entirety. Section 39-7 is
amended by deleting."The pickup fee shall be ten dollars with said fee to go to the Town"
or to take
           any action thereto.
Board of Selectmen



LAND LOCATED AT THE REAR OF 230-250 TURNPIKE STREET
Article 60      To see whether the town will vote         to   purchase or take by eminent domain
the property zoned residential land at the rear of 230-250 Turnpike St. The total area of
the lots which comprise the parcel is 13+/-
                                        acres. The rectangular
                                                                               shaped property is
comprised of three lots shown on Assessor's Map 79 as Lot 132, 133, and 134. The land
which contains a vernal pool, wetlands and pine trees will be incorporated into the

adjacent town owned wetlands.
Citizen Petition - Roger Milne




                                                                                                      24

Source page 25

APPROPRIATE FUNDS TO MEET EXPENSES FOR NEXT FISCAL YEAR
Article 61      To see what   sums   of money    the town     will vote to raise and   appropriate,
transfer from any available funds or borrow from any applicable statute to               meet   the

expenses of the next fiscal year, or, to take any other action in relation thereto.
Board of Selectmen


TO ENTER INTO A CONTRACT              WITH THE NORFOLK COUNTY REGIONAL
FIRE AND RESCUE DISPATCH CENTER
Article 62      To see if the Town will vote    to   raise and appropriate   by transfer from
available funds or borrow pursuant to any applicable statute, a sum of money sufficient          to

allow the Town to enter into an annual contract with the Norfolk County Regional Fire
and Rescue   Dispatch Center for all "911"and radio dispatch services, said appropriation
is to be expended under the supervision and direction of the Fire Chief.
Board of Selectmen/Fire   Department



       And you are hereby directed         to serve        this
                                                           by posting attested
                                                                  warrant

copies at the Post Office and at not less than six other public places at least
twenty-one days before the day the said meeting is held.


      Hereof fail not, and make due return of this warrant with your doings
thereon to the town clerk before the day the said meeting is held.


       Given under      our   hands and seals this          twenty-fourth day of February
in the year two thousand and four.




Board of Selectmen,
TownofCanton //~.,

                              t/
                               7 ~'/- '~~~~
                                       O"
                               Victor DelVecchio, Chair




Avril T.Elkort, Vice-Chair




                                                                                                25

Source page 26

CONSTABLES            RETURN       OF SERVICE




Norfolk, ss



Pursuant    to the within     Warrant    to   me   directed, I have notified and warned          the inhabitants   of the Town       of

Canton to meet       at   the time and   places mentioned       in the said warrant      and for the purposes      as   stated   in the

said Warrant     by posting up attested copies of the same               at   the Post Office   and at six other   public places in
the town sixty      days, or more, before the day set in the said warrant.



Date   on   which   the said Notices     were
                                                   posted




                                                               Constable




Received     and filed in the Office     of the Town        Clerk   on




                                                     Tracy Kenny, Town           Clerk




                                                                                                                                          26