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Canton Town Meeting — 2004-ATM-WARRANT

Town Meeting · Record year 2004 · Record lf-28093

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Board of Selectmen/Conservation Commission

Article 21: The Finance Committee recommendation is as follows:

MOVED: That the subject matter of this article be postponed indefinitely.

VOTE: 7-0-0

DISCUSSION: The Finance Committee voted unanimously to postpone this article indefinitely.
Additional information is required to properly implement this program as required by the Environmental
Protection Agency. The town is presently in the process of its implementation plan and currently is in
compliance at this time. The Committee’s vote was based on information that the sponsor’s intention is to
withdraw this article from the floor at town meeting.

APPROVED__________DISAPPROVED__________

ARTICLE 22

PROPOSED ACQUISITION OF PARCEL ON CULLODEN DRIVE
Article 22 To see whether or not the Town will vote to authorize the Board of Selectmen to acquire
by purchase or gift, real property more commonly known as Parcel 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

Article 22: The Finance Committee recommendation is as follows:

MOVED: That the Board of Selectmen be authorized to acquire by purchase or gift, real property
more commonly known as Parcel 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,
being Assessors Map 17, Lot 25.

VOTE: 7-0-0

DISCUSSION: The Finance Committee unanimously supports this article. The developer of this
subdivision entitled “Fieldstone Meadows” is gifting this parcel to the town. At present, a sewer pumping
station is located on this land. By this action, the town will have full and complete access to the pumping
station and surrounding land for purposes of maintenance.

APPROVED__________DISAPPROVED__________

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ARTICLE 23


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



Article 23:      The Finance Committee recommendation is as follows:

MOVED:           That the Board of Selectmen be authorized to acquire by purchase, gift or by eminent
domain the land or easements described in a plan 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. 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,
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


                                             VOTE:      7-0-0

DISCUSSION: The Finance Committee unanimously supports this article. There are two possible routes
for the new sewer line, each includes some of the parcels listed above. This town meeting is funding the
architect’s and engineering drawings for this project under the capital budget and this article enables the
Board of Selectmen to advance the project by purchasing or otherwise acquiring land where needed. The
funds for such acquisitions will be ultimately funded under the capital budget next year.


                         APPROVED__________DISAPPROVED__________




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ARTICLE 24


ADDITIONAL LAND/EASEMENTS FOR PROPOSED IMPROVEMENTS TO INTERSECTIONS ON
ROUTE 138
Article 24        To see if the Town will vote to amend the motion voted pursuant to Article 41 at the 2002
Annual Town Meeting by authorizing the Board of Selectmen to acquire, by purchase, gift or eminent
domain 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 Randolph Street as shown on an updated
Plan of Land 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 Turnpike Street (Route 138) in the Town of Canton” dated February 13,
2004 which plans are on file with the office of the Board of Selectmen, Town Engineer and Town Clerk.
 Board of Selectmen


Article 24:      The Finance Committee recommendation is as follows:

MOVED:            That the motion voted pursuant to Article 41 at the 2002 Annual Town Meeting be
amended by authorizing the Board of Selectmen to acquire, by purchase, gift or eminent domain 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 Randolph Street as shown on an updated Plan of Land
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 Turnpike Street (Route 138) in the Town of Canton” dated February 13, 2004.

                                             VOTE:      7-0-0

DISCUSSION: The Finance Committee unanimously supports this article. Planned improvements to the
Route 138 roadway are progressing which necessitate additional land than previously expected. The
present owners have been approached and will realize little detriment from any lands transferred to the
town.

                         APPROVED__________DISAPPROVED__________




                                              ARTICLE 25


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


Article 25:      The Finance Committee recommendation is as follows:


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MOVED: That 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) be
amended by removing all fee amounts and inserting “as set by the Board of Selectmen pursuant to chapter
40 section 22F of the Massachusetts General Laws”.

VOTE: 7-0-0

DISCUSSION: The Finance Committee unanimously supports this article. This action will bring our
town in alignment with present state laws and give the Board of Selectmen the flexibility needed to set such
fees.

APPROVED__________DISAPPROVED__________

ARTICLE 26

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 changes to the text thereof to accomplish the
public policies thereof:

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
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

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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
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.

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

Article 26: The Finance Committee recommendation is as follows:

MOVED: That the Town’s representatives in the General Court be requested 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 changes to the text thereof to accomplish the public policies thereof:

An act relative to the appointment of retired police officers in the Town of Canton.

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.

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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 8. Appointment as a special police officer shall entitle any individual appointed as such to
assignment to any detail.

Section 10. This act shall take effect upon its passage.

VOTE: 10-0-0

DISCUSSION: The Finance committee unanimously supports this article. The intent of this article is to
allow the Police to tap the skills of retired police officers for paid detail. This will reduce the level of
overtime currently required by our police force and also minimize the need to bring in officers from
neighboring towns to cover these paid details.

APPROVED__________DISAPPROVED__________

ARTICLE 27

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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 as Map 57, Lot 91, or to take any other
action in relation thereto; and (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 or otherwise dispose of part of all of said land for 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



Article 27:       The Finance Committee recommendation is as follows:

MOVED:            That the Board of Selectmen 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 or otherwise dispose of part of all of said land for 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, 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 AND CANTON 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 45 Parcel 85; Map 57, Parcels 91, 92, 93, 94 and 99; Map 58, Parcels 7 and 10, and



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certain land in the Town of Canton described in the Town of Canton Assessor’s records as Map 73, Lot 60
and Map 88, Lot 7 which land was purchased by the Town of Canton for water shed protection purposes.

SECTION 2         This act shall take effect upon its passage.

                                              VOTE:      11-0-0

DISCUSSION: The Finance Committee voted unanimously to recommend removing the article 97
restrictions from this land. By doing so this land will be made available for future lawful municipal uses.
Article 97 basically gives the land watershed protection, which severely restricts its use. Further, the
Finance Committee feels that selling, conveying or otherwise disposing of any portion of this land must go
before a Town Meeting for approval.


                          APPROVED__________DISAPPROVED__________




                                                ARTICLE 28


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 its terminus at the cul-de-
sac, a distance of 800 Feet, as built plan dated 11/07/94, a copy of which plan is on file in the office of the
Selectmen and the office of the Town Clerk.
Board of Selectmen


Article 28:       The Finance Committee recommendation is as follows:

MOVED:           That the layout and definition of Hunter Lane in its entirety from the intersection of
Cedarcrest Road to its terminus at the cul-de-sac, a distance of 800 Feet, as built plan dated 11/07/94 be
hereby accepted.


                                               VOTE:      7-0-0

DISCUSSION: The Finance Committee unanimously supports this article. This action will accept
Hunter Lane as a public way. Recently, the Department of Public Works has completed some remedial
work for compliance with current statute, using funds held in an account earmarked for this street.



                          APPROVED__________DISAPPROVED__________




                                                ARTICLE 29




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

Article 29: The Finance Committee recommendation is as follows:

MOVED: That the provisions of St. 1989, c. 653; (MGL ch. 59 Sec. 2A(a)) be accepted.

VOTE: 7-0-0

DISCUSSION: The Finance Committee unanimously supports this article. This action will advance the
date of listing new real estate properties from January 1st of the following year of construction to June 30th
of the current year of construction. The town will appreciate additional 6 months’ revenues for the Fiscal
Year 2005 budget year with acceptance of this article. Likewise, future revenues will be received sooner
than with the current date structure.

APPROVED__________DISAPPROVED__________

ARTICLE 30

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

Article 30: The Finance Committee recommendation is as follows:

MOVED: That the Board of Selectmen be authorized to declare the structure known as the “white
house” as surplus and authorize its sale, conveyance or other disposition such as demolition to remove from
its recent location at 1476 Washington Street and further to appropriate a sum of $10,000 to carry out the
forgoing by a transfer of such amount from the Improve Bayberry account (Fund #286).

VOTE: 7-0-0

DISCUSSION: The Finance Committee unanimously supports this article. Improvements to the house
are too costly to benefit the town. Funding of up to $10,000 for the demolition will be procured through

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the transfer of unused monies from the Bayberry Street improvement fund. In addition, an offer to assist in
the demolition has been made from a company in town to mitigate the cost of the demolition.


                          APPROVED__________DISAPPROVED__________




                                                ARTICLE 31


 TITLE OF “DOG OFFICER”
Article 31        To see if the town will vote to amend section 39 ("Regulation of Dogs") of Article XIV
("Police Regulations') of the Canton Bylaws 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


Article 31:       The Finance Committee recommendation is as follows:

MOVED:          That section 39 ("Regulation of Dogs") of Article XIV ("Police Regulations') of the
Canton Bylaws be amended 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.

                                               VOTE:      7-0-0

DISCUSSION: The Finance Committee unanimously supports this article. Changing the title from Dog
Officer to Animal Control Officer will update the bylaws to reflect the current duties of the job.


                          APPROVED__________DISAPPROVED__________




                                                ARTICLE 32


ESTABLISH HOTEL TAX
Article 32         To see if the town will vote to accept the provisions of Chapter 64G of the 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 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 to
impose a local excise tax upon the transfer of occupancy of any room or 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 operator shall pay the


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local excise tax imposed under the provisions of this section to the 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 treasurer upon certification of the commissioner to each city or
town that has adopted the provisions of this section 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 quarter as the city or
town may designate. The city or town, in accepting the provisions 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


Article 32:        The Finance Committee recommendation is as follows:

MOVED:            That the provisions of Chapter 64G of the General Laws be accepted and a local hotel
occupancy tax at the rate of 4% be established.

                                                VOTE:       7-0-0

DISCUSSION: The Finance Committee unanimously supports this article. The adoption of a local hotel
occupancy tax will bring in extra revenue to the town.



                           APPROVED__________DISAPPROVED__________




                                                 ARTICLE 33


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

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

Article 33:        The Finance Committee recommendation is as follows:

MOVED:           That Article IX, Section 3 of the Canton By-laws be amended by deleting the current text
which currently provides as follows:



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“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:

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

                                               VOTE:      6-1-0

DISCUSSION: The Finance Committee voted 6-1 to support this article. In order to save up to $10,000
per year in printing and mailing costs, the Board of Selectman will arrange for the delivery of the Annual
Town Report to every voter who requests a copy rather than automatically deliver copies to every voter in
town. Other means of distributing the report will be investigated including making printed reports
available at the library and town hall and on-line reports available at the town web site. Voters can also be
given a choice of receiving a printed report or one on disk to further reduce printing costs. Every effort will
be made to distribute reports to people who have recently moved into town.


                          APPROVED__________DISAPPROVED__________




                                                ARTICLE 34


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

Article 34:       The Finance Committee recommendation is as follows:


MOVED:            That the by-laws of the Town (Article X Section 1 and Article XIV Section 49), and 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
motion is described as a standing vote of Town Meeting not contained in the bylaws of the town) be
amended 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”.

                                               VOTE:      7-0-0

DISCUSSION: The Finance Committee unanimously supports this article. There will be no change in
the job description or responsibilities of the Town Administrator. It is merely a name change to update the
bylaws and more accurately reflect the extensive duties of the position.




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APPROVED__________DISAPPROVED__________




                                                ARTICLE 35


ANTI-SMOKING BY-LAW
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

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 building or any other fully enclosed space and
includes any area which has one or more sides or a roof or the exterior portion of a


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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
public transportation and the waiting areas adjacent to or in places where public
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 or facility owned, leased, operated or occupied by the
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,
elevators accessible to the public, licensed child-care locations and bars.

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.

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).

 F. 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;



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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 hundred dollars
($100) for a first offense, two hundred dollars ($200) for a second 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.

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/Board of Health

Article 35: The Finance Committee recommendation is as follows:

MOVED: That Canton By-law Article 16 Section 9 as inserted in Article 39 of the 2002 Annual
Town Meeting, be amended and 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 Constitution of the
Commmonwealth 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

2004 ATM WARRANT FINAL.doc 55

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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

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 building or 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
public transportation and the waiting areas adjacent to or in places where public
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 or facility owned, leased, operated or occupied by the
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,
elevators accessible to the public, licensed child-care locations and bars.

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.


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

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).

F. 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;

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:

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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, Canton By-law Article 16, section 9 as inserted in Article 39, the
anti-smoking bylaw, approved by the 2002 Annual Town Meeting.


                                               VOTE:      8-3-0

DISCUSSION: The majority of the Finance Committee endorses and supports the adoption of this
article, a change to the existing anti-smoking by-law to make Canton essentially a "smoke-free" town.
Under the proposed new by-law, smoking would be banned from all public establishments (such as bars
and restaurants) that have any employees and do not include a tobacco product retail facility. This
proposed by-law also eliminates the waiver process that has been used by establishments since the adoption
of the original by-law at ATM 2002 to allow them to have separate smoking sections in their
establishments.

Adoption of this by-law change would bring a desired level of uniformity to the enforcement of the anti-
smoking by-law within the town, as well as bring us in line with most of the towns in the region who have
either already adopted, or are in the process of adopting, similar by-laws in their community.

We note that this article was sponsored by our town health agent, was unanimously endorsed by the Board
of Health and Board of Selectmen, and is reportedly supported by all of the businesses in town that would
be directly impacted by its adoption.

The 8-3 vote of the Finance Committee also reflects the views of a minority of the committee who are
opposed to smoking bans in general, and particularly one as restrictive as that envisioned by this article.



                          APPROVED__________DISAPPROVED__________




                                                ARTICLE 36


AMEND ZONING MAP FOR LAND ABUTTING LEDGEWOOD DRIVE AND WOODCLIFF ROAD
AREA
Article 36       To see if the town will vote to amend the town’s zoning map, as most recently amended,
by changing the designation of certain parcels of land abutting Ledgewood Drive; Woodcliff Road;
Woodcliff Road Extension; Overlook Road; Stonewood Drive and Rockwood Drive from Single Residence
AA to single Residence A. The parcels are described on the Board of Assessors

Map 109 - Lots 17 through 20; 24 through 45
Map 110 as Lots 1-12; Lots 15-18; Lots 20-25; Lot 36
and are 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 - Edward M. Sullivan and David G. McLelland by Attorney Paul Schneiders



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Article 36:      The Finance Committee recommendation is as follows:

MOVED:           That the subject matter of this article be postponed indefinitely.

                                             VOTE:       7-0-0

DISCUSSION: The Finance Committee voted unanimously to postpone this article indefinitely. The
Committee’s vote was based on information that the sponsor’s intention is to withdraw this article from the
floor at town meeting.


                         APPROVED__________DISAPPROVED__________


                                              ARTICLE 37


AMEND ZONING MAP FOR 59 WALPOLE STREET
Article 37         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 59 Walpole Street, described on the Board of
Assessor’s Map 14 as Lot 119 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 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

Article 37:      The Finance Committee recommendation is as follows:


MOVED:           That the subject matter of this article be deferred to the Planning Board.

                                             VOTE:       7-0-0

DISCUSSION: The Finance Committee voted unanimously to defer this article to the Planning Board.
The Planning Board met on February 18, 2004 and voted 5-0-0 to support this article. The Planning Board
will present their recommendations for this article to Town Meeting.


                         APPROVED__________DISAPPROVED__________




                                              ARTICLE 38


AMEND ZONING BY-LAW 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



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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

Article 38:      The Finance Committee recommendation is as follows:


MOVED:           That the subject matter of this article be deferred to the Planning Board.

                                             VOTE:      7-0-0

DISCUSSION: The Finance Committee voted unanimously to defer this article to the Planning Board.
The Planning Board met on February 18, 2004 and voted 5-0-0 to support this article. The Planning Board
will present their recommendation for this article to Town Meeting.



                         APPROVED__________DISAPPROVED__________




                                              ARTICLE 39

AMEND ZONING MAP BY PLACING CERTAIN PARCELS ALONG ROYALL AVENUE AND
DAVENPORT AVENUE INTO “MIXED USE OVERLAY DISTRICT”
Article 39         To see if the Town will vote to amend the Zoning Map of the Town, as most recently
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 38 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

Article 39:      The Finance Committee recommendation is as follows:


MOVED:           That the subject matter of this article be deferred to the Planning Board.

                                             VOTE:      7-0-0

DISCUSSION: The Finance Committee voted unanimously to defer this article to the Planning Board.
The Planning Board met on February 18, 2004 and voted 5-0-0 to support this article. The Planning Board
will present their recommendation for this article to Town Meeting.




                         APPROVED__________DISAPPROVED__________




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ARTICLE 40

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

Article 40:       The Finance Committee recommendation is as follows:


MOVED:            That the subject matter of this article be postponed indefinitely.

                                              VOTE:       7-0-0

DISCUSSION: The Finance Committee unanimously voted to postpone this article indefinitely. The
Committee’s vote was based on information that the sponsor’s intention is to withdraw this article from the
floor at town meeting.


                         APPROVED__________DISAPPROVED__________




                                               ARTICLE 41


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

Article 41:       The Finance Committee recommendation is as follows:


MOVED:            That the subject matter of this article be deferred to the Planning Board.


                                              VOTE:       7-0-0

DISCUSSION: The Finance Committee voted unanimously to defer this article to the Planning Board.
The Planning Board met on March 9, 2004 and voted 5-0-0 to support this article. The Planning Board will
present their recommendation for this article to Town Meeting.



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APPROVED__________DISAPPROVED__________




                                               ARTICLE 42


AMEND ZONING MAP BY 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 substantially in 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

Article 42:       The Finance Committee recommendation is as follows:


MOVED:            That the subject matter of this article be postponed indefinitely.

                                              VOTE:       7-0-0

DISCUSSION: The Finance Committee voted unanimously to postpone this article indefinitely. The
Committee’s vote was based on information that the sponsor’s intention is to withdraw this article from the
floor at town meeting.


                         APPROVED__________DISAPPROVED__________




                                               ARTICLE 43

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

Article 43:       The Finance Committee recommendation is as follows:


MOVED:            That the subject matter of this article be postponed indefinitely.


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VOTE:      7-0-0

DISCUSSION: The Finance Committee voted unanimously to postpone this article indefinitely. The
Committee’s vote was based on information that the sponsor’s intention is to withdraw this article from the
floor at town meeting.


                         APPROVED__________DISAPPROVED__________




                                              ARTICLE 44

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 maps 26, and 27, as lots
1,2,3,4,5,6,7,8,9,10,11,12,13,14 and 112 with access from Lincoln and or Revere Streets, and lots 15,
16,17,18,19,20,22,23,24,25,26 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 Zoning District “General
Residence” or to take any other action in relation thereto.
Citizen Petition - Alan M. Leary

Article 44:      The Finance Committee recommendation is as follows:


MOVED:           That the subject matter of this article be deferred to the Planning Board.

                                             VOTE:      7-0-0

DISCUSSION: The Finance Committee voted unanimously to defer this article to the Planning Board.
The Planning Board met on March 9, 2004 and voted 3-0-2 to support this article. The Planning Board will
present their recommendation for this article to Town Meeting.



                         APPROVED__________DISAPPROVED__________




                                              ARTICLE 45


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

Article 45:      The Finance Committee recommendation is as follows:


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MOVED:            That the subject matter of this article be postponed indefinitely.

                                              VOTE:       7-0-0

DISCUSSION: The finance committee unanimously voted to postpone this article indefinitely. The
Finance Committee met with the sponsor of this article and the Police Chief and Fire Chief. There were
compelling arguments on both sides of this issue. The Chiefs felt strongly that the physical demands of
public safety positions are substantial and the current age limit should be maintained. The sponsor felt that
person otherwise considered young are excluded from service to their town by this restriction.




                         APPROVED__________DISAPPROVED__________




                                               ARTICLE 46

AMEND ZONING BY-LAW 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 4.12.2.A.A.3:

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


Article 46:       The Finance Committee recommendation is as follows:


MOVED:            That the subject matter of this article be deferred to the Planning Board.

                                              VOTE:       7-0-0

DISCUSSION: The Finance Committee voted unanimously to defer this article to the Planning Board.
The Planning Board met on February 24, 2004 and voted 4-0-0 to support this article. The Planning Board
will present their recommendation for this article to Town Meeting.


                         APPROVED__________DISAPPROVED__________




                                               ARTICLE 47

AMEND ZONING MAP REFERENCING DESIGNATION OF CANTON CENTER
ECONOMIC OPPORTUNITY DISTRICT


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Article 47 To see if the town will vote to amend the zoning map, which was adopted under
Article 27 of the warrant for the annual town meeting in 1999, 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

Article 47:        The Finance Committee recommendation is as follows:


MOVED:             That the subject matter of this article be deferred to the Planning Board.

                                                   VOTE:   7-0-0

DISCUSSION: The Finance Committee voted unanimously to defer this article to the Planning Board.
The Planning Board met on February 11, 2004 and voted 5-0-0 to support this article. The Planning Board
will present their recommendation for this article to Town Meeting.


                           APPROVED__________DISAPPROVED__________




                                                   ARTICLE 48


AMEND ZONING BY-LAW REFERENCING PARKING REQUIREMENTS IN THE CANTON
CENTER ECONOMIC OPPORTUNITY DISTRICT
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 District, under Section
5.66.8, 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

Article 48:        The Finance Committee recommendation is as follows:



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MOVED: That the subject matter of this article be deferred to the Planning Board.

VOTE: 7-0-0

DISCUSSION: The Finance Committee voted unanimously to defer this article to the Planning Board.
The Planning Board met on February 24, 2004 and voted 4-0-0 to support this article. The Planning Board
will present their recommendation for this article to Town Meeting.

APPROVED__________DISAPPROVED__________

ARTICLE 49

AMEND ZONING BY-LAW BY REDEFINING “BUILDABLE 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 5.61.8 Canton Center Economic Opportunity District, after Section 5.61.8 A., a new
subsection 5.61.8 B Buildable Lot, in substantially the following form:

5.61.8 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

Article 49: The Finance Committee recommendation is as follows:

MOVED: That the subject matter of this article be deferred to the Planning Board.

VOTE: 7-0-0

APPROVED__________DISAPPROVED__________

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ARTICLE 50


AMEND ZONING BY-LAW BY ADDING 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 5.66.10, 5.66.11, and 5.66.12, after
Section 5.66.9, in the Canton Center Economic Opportunity District, provisions for affordable
housing, so as to read as follows:

         5.66.10Affordable Units
                 At least fifteen percent (15%) of the dwelling units shall be 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.

         5.66.11Preference
                 As a condition of approval, the Zoning Board of Appeals shall require that Canton
                 residents be given first preference in the purchase or renting of dwelling units within the
                 Canton Center Economic Opportunity District Development.

         5.66.12Canton Housing Authority

                  For those apartment units specified as affordable, the Zoning Board of Appeals shall
                  require that the Canton Housing Authority be given control with regard to the specifying
                  of residents.
                  Or 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.
Planning Board

Article 50:       The Finance Committee recommendation is as follows:


MOVED:            That the subject matter of this article be deferred to the Planning Board.

                                              VOTE:      7-0-0

DISCUSSION: The Finance Committee voted unanimously to defer this article to the Planning Board.
The Planning Board met on March 9, 2004 and voted 5-0-0 to support this article. The Planning Board will
present their recommendation for this article to Town Meeting.


                         APPROVED__________DISAPPROVED__________




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ARTICLE 51


AMEND ZONING BY-LAW REFERENCING COMMON OPEN LAND IN THE CCEOD
Article 51          To see if the town will vote to amend the zoning by-laws, as most recently amended, by
changing the language of Section 5.66.7 Common Open Land in the Canton Center Economic Opportunity
District, to read as follows:

         5.66.7 Each site is encouraged 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

Article 51:        The Finance Committee recommendation is as follows:


MOVED:             That the subject matter of this article be deferred to the Planning Board.

                                                VOTE:     7-0-0

DISCUSSION: The Finance Committee voted unanimously to defer this article to the Planning Board.
The Planning Board met on February 24, 20024 and voted 4-0-0 to support this article. The Planning
Board will present their recommendation for this article to Town Meeting.


                           APPROVED__________DISAPPROVED__________




                                                    ARTICLE 52


AMEND ZONING BY-LAW BY 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 5.66.13 in substantially the following form:

         5.66.10 Certified Acoustical Barriers
                 Where there is a use or proposed use of property within the CCEOD where loud
                 acoustical noise will be generated on a regular basis, a certified acoustical engineer, 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.


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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.
Planning Board

Article 52: The Finance Committee recommendation is as follows:

MOVED: That the subject matter of this article be deferred to the Planning Board.

VOTE: 7-0-0

APPROVED__________DISAPPROVED__________

ARTICLE 53

AMEND BY-LAW 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

Article 53: The Finance Committee recommendation is as follows:

MOVED: That Article V, Section 5 of the General By-Laws of the Town be amended 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”.

VOTE: 7-0-0

DISCUSSION: The Finance Committee unanimously supports this article. This action will bring our
town in alignment with present state laws and give the town clerk the flexibility to make any changes as
deemed appropriate.

APPROVED__________DISAPPROVED__________

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ARTICLE 54

TAX INCREMENT FINANCING PLAN – DAN ROAD
Article 54         To see if the town will vote to approve 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 11.04(1)(b), or to take any other action in relation thereto.
Citizen Petition - Attorney Paul Schneiders

Article 54:       The Finance Committee recommendation is as follows:


MOVED:            That the subject matter of this article be postponed indefinitely.


                                              VOTE:       7-0-0

DISCUSSION: The Finance Committee voted unanimously to postpone this article indefinitely. The
Committee’s vote was based on information that the sponsor’s intention is to withdraw this article from the
floor at town meeting.


                         APPROVED__________DISAPPROVED__________




                                               ARTICLE 55


APPROPRIATE FUNDS FOR ACQUIRING ADDITIONAL PUBLIC OPEN SPACE
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 cul-de-sac, 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 recreational purposes; 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



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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

Article 55:      The Finance Committee recommendation is as follows:


MOVED:           That the subject matter of this article be postponed indefinitely.

                                             VOTE:      11-0-0

DISCUSSION: The Finance Committee was unable to support this article for several reasons. It is
unclear what the source of funding to purchase the land will be. It is unclear whether the land is being
acquired for conservation purposes, recreation or other municipal needs. It is unclear whether the land can
support more than one house lot, because of limited frontage, so the land may remain largely undeveloped
even without Town purchase.


                         APPROVED__________DISAPPROVED__________




                                              ARTICLE 56


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

Article 56:      The Finance Committee recommendation is as follows:


MOVED:            That $825,000 be appropriated and to meet said appropriation that $825,000 be
transferred from the 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, be expended by the Building Renovations Committee in Fiscal Year 2004 or any
subsequent fiscal year for purposes of the completion of that building project, and/or such repairs to the
building as were necessitated by casualty losses.

                                             VOTE:      11-0-0

DISCUSSION: The Finance Committee unanimously supports this article. Town meeting must
authorize the Board of Selectmen to spend any insurance proceeds over $20,000. The recent damage
exceeds this amount and repairs are currently progressing to return the library to its previous appearance.


                         APPROVED__________DISAPPROVED__________




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ARTICLE 57


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

Article 57:       The Finance Committee recommendation is as follows:


MOVED:            That the subject matter of this article be postponed indefinitely.

                                              VOTE:      10-0-0

DISCUSSION: The Finance Committee has voted to recommend a budget for the Town for FY05 that
will limit increases in real estate taxes to the amount allowed by Proposition 2 1/2. Our recommendations
are detailed in Article 61 which will be voted on at Town Meeting. This Article 57 asks the Town Meeting
to consider recommending an override of Proposition 2 1/2 to allow the Town to vote on whether to raise
the real estate tax levy more than Proposition 2 1/2 allows. This article does not specify the additional
amount to be raised. When this Article's sponsor met with the Finance Committee she indicated that the
amount should be determined once budgets were finalized for FY05 and the amount of the projected
structural deficit for FY05 and beyond was known. The goal of the Article's sponsor was to allow the
School Department and Municipal Departments to avoid some of the cuts in personnel and increases in fees
that have been necessitated by the total spending limits the Finance Committee recommended for the FY05
budget and to eliminate the projected structural deficit.

At this point it is impossible for the Finance Committee to determine what the structural deficit for future
years will be, because all of the Town's collective bargaining contracts and individual contracts for FY05
and beyond are still being negotiated. We have projected that without any changes to the current salary and
benefit structure for FY05, the structural deficit for FY05 will be approximately $1.8 Million. Salaries and
employee benefits account for approximately 80% of the Town's operating budget. The major key to
controlling the structural deficit will be the negotiation of contracts for FY05 and beyond that do not add to
the deficit. The Finance Committee recognizes that the negotiations will be difficult, but until contracts are
settled, we do not believe that the Town should consider an operating override.

The Finance Committee would be remiss, however, in failing to inform the Town that some sort of revenue
enhancement either through a trash fee, operating override or some other means may very well be required
in the near future, even with very modest employee contract settlements, if the Town expects to continue
the current level of Town services and programs. With no prospects for substantial increases in state aid on
the horizon and with fixed costs for health insurance, utilities, and pensions increasing the only way to
balance the budget in the future without additional revenue may be through cuts to existing programs and
services.

                         APPROVED__________DISAPPROVED__________




                                               ARTICLE 58




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WELL-USE RESTRICTION
Article 58         To see if the Town will vote to authorize the Board of Selectmen to accept a voluntary
grant of a certain well-use restriction on land commonly known as the 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

Article 58:       The Finance Committee recommendation is as follows:


MOVED:             That the Board of Selectmen be authorized to accept a voluntary grant of a certain well-
use restriction on land commonly known as the 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.


                                              VOTE:      7-0-0

DISCUSSION: In April 2003, the BOS granted a license to the Blue Hill Country Club (BHCC) for the
use of the land designated as Lot 52 & 53 on Pecunit St for golf course purposes to include building
structures. The license was executed between the BOS as the Executive Agent for the town and the BHCC.
The license does not permit any of the water from any of the wells located on the land to be used for human
consumption (only non-potable use is permitted). The license further prohibits construction of any new
wells for drinking water purposes within the property. The Canton Town Counsel has advised that
legislative action for this license in addition to the Executive Order is required. The Finance Committee
unanimously supports this article.


                         APPROVED__________DISAPPROVED__________




                                               ARTICLE 59


AMEND BY-LAW 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 unspayed 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


Article 59:       The Finance Committee recommendation is as follows:




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MOVED: That Article 14 Section 39 of the Canton By-laws be amended 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 unspayed 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”.

VOTE: 7-0-0

DISCUSSION: The Finance Committee unanimously supports this article. This action will bring our
town in alignment with present state laws and give the Town Clerk the flexibility to make any changes as
deemed appropriate.

APPROVED__________DISAPPROVED__________

ARTICLE 60

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

Article 60: The Finance Committee recommendation is as follows:

MOVED: That the subject matter of this article be postponed indefinitely.

VOTE: 7-0-0

DISCUSSION: The Finance Committee voted unanimously to postpone this article indefinitely. The
Committee’s vote was based on the lack of definite information about the property in question and cost of
any transaction associated with it. It is unclear of any future development plans of the present owner at this
time.

APPROVED__________DISAPPROVED__________

ARTICLE 61

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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

Article 61:      The Finance Committee recommendation is as follows:


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

                                            VOTE:      10-0-0

DISCUSSION: Please see the Finance Committee Report at the front of this warrant for a detailed
discussion on fiscal 2005’s revenues and expenditures.


                         APPROVED__________DISAPPROVED__________



                                              ARTICLE 62


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

Article 62:      The Finance Committee recommendation is as follows:


MOVED:            That $45,000 be raised and appropriated from the Fiscal Year 2005 tax levy and other
general revenues of the Town to supplement the Fire Department’s budget as established in the motion
pursuant to Article 61 of this Warrant 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 subject to union
negotiation.

                                            VOTE:      11-0-0




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DISCUSSION: The Fire Department Chiefs of a number of Norfolk County towns have been working to
develop a regional dispatch center that would provide fire and rescue dispatch services for the participating
towns. This article authorizes the Town to enter into a contract with the Norfolk County Regional Fire and
Rescue Dispatch Center and provides funding for the contract.

While a number of collective bargaining and operational issues remain to be settled the general plan is that
at least six towns would participate in the Center. The Center will be housed in an existing building on the
Mass. Hospital School campus. Appropriate renovations will be made to the building. The Center will be
staffed by two fully trained dispatchers at all times. According to our Fire Chief, the Center would provide
enhanced dispatch service by providing better coordination of dispatch among the participating towns,
especially in the event of mass casualty incidents, serious fires, and multiple serious incidents occurring at
the same time in several towns. The Center would help with manning issues in the Canton Fire
Department, according to the Fire Chief. The firefighter now assigned to dispatch on each tour of duty
would be freed up to respond to fire and rescue calls. The annual cost to the Town of the Center is
estimated to be approximately $90,000. Funding will be provided by decreases in Fire Department
overtime. Because an additional firefighter will be available for shift coverage, there should be a
corresponding decrease in the need for overtime. It is hoped that the Center could commence operations in
January 2005. The funding for FY05 is $45,000 since the Center will be in operation for only the second
half of the fiscal year.

The Finance Committee supports this forward looking initiative of the Canton Fire Department.

APPROVED__________DISAPPROVED__________

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INDICIA SHOULD READ AS FOLLOWS:



      PRSRT STD
 U.S. POSTAGE PAID
    CANTON, MA
   PERMIT NO. 20




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