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Canton Town Meeting — 2006 ATM

Town Meeting · Record year 2006 · Record lf-28462

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ANNUAL TOWN MEETING APRIL 24, 2006

B. To provide additional planning flexibility for projects located in Canton Center, including
enhancing the coordination of the project with the environmental and natural features of
the development site, including:

Development of parks and open spaces on Common Open Land, which would be
available for use by the general public.

Protection, enhancement, and adaptive reuse of historical significant buildings as
required by the Canton Historical Commission and the State Historical Commission.

Protection and enhancement of the natural environment, including rivers,
waterways, and wildlife corridors, as required by the Canton Conservation Commission,
DEP and NHP. The revitalization plan must be sensitively designed and constructed to
avoid the disruption of wildlife.

Provide public access and walking trails along waterways, connections to the MBTA
train stations and to Canton Center.

Protection of scenic vistas as advised by the Canton Trails Commission.

C. To encourage mixed-use development, including but not limited to, offices, retail shops, and
multi-family housing. No more than sixty percent (60%) of the non-residential uses can be office.
Mixed use development include, but are not limited to, one or more of the following:

Mid- and small scale, town center-oriented development in according to prescribed review
and approval procedures, and according to design standards that are particular to the
CCEOD Residential Area "C".

Multi-family and/or town house dwellings, including rental units and/or condominiums, and
dwellings/units for individuals fifty-five (55) years of age or older pursuant to
Massachusetts General Laws c. 151B.

Low and/or moderate income housing as defined pursuant to Massachusetts General Laws
Chapter 40B Sections 20-23 and the regulations promulgated thereunder.

. Senior Housing including Independent Living Facilities, Institutional Living Facilities
(Assisted Living and Skilled Nursing Facilities), and ancillary facilities and amenities.

Museums, farmers markets, and cultural establishments, small business incubator space,
artist studio and galleries, artist housing, open space and river access, community
gathering space, indoor and outdoor performance space.

D. To permit the use of new development standards which will promote the desired changes
in Canton Center and to provide information on the potential impacts of a proposed
development that include, but are not limited to, the following:

. A mix of commercial and residential uses that help to contain traffic within the
revitalization area and by so doing limit impacts to residential portions of the
community.

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ANNUAL TOWN MEETING APRIL 24, 2006

. To enable the Special Permit Granting Authority (SPGA) to require adherence to
"Site Development and Use Plans" in the granting of a special permit.

. Creates regulatory procedures to determining appropriate locations for uses
defined herein.

Provide for development in a manner that strives to maintain and enhance the
existing character of the CCEOD Revitalization District "C" and nearby
neighborhoods, creates a harmony between residential and non-residential
neighborhoods, encourages redevelopment of industrially used parcels to
residential and/or mixed-use ones, protects existing abutting neighborhoods, and
minimizes the development impact on nearby neighborhoods, while striving to
conserve environmental features, woodlands, wet areas, the Canton River, open
spaces and areas of scenic views, beauty, and vistas such as the Viaduct.

E. Master Plan and Report
The document entitled "Planning Brief for a Canton Center Economic Opportunity District -
Revitalization Area "C" Zoning By-Law, Canton Massachusetts", prepared for the Canton
Planning Board by the Canton Planning Department and dated August 15, 2005 is incorporated
by reference in this Section 5.63

The applicant will prepare a Master Plan and Report in conformity with the requirements of the CCEOD
Revitalization Area "C" objectives, standards, and criteria. If the landowner elects to file a
development plan on a portion of a single contiguous tract of land, the applicant shall prepare a
Master Plan and Report for the entire contiguous tract of land.

The Master Plan will describe conditions prior to and on completion of both the proposed project.
Environmental issues to be addressed include water quality, pollution of groundwater, damage or
threat to wetlands, flood plains, and plants and animals.

The applicant will prepare Site Plans in conformity with the Planning Board Rules and Regulations.
The Site Plan will furnish information consistent with the information required by the Planning Board
for approval of a subdivision.

The Board of Appeals mav arant a Special permit under this Section only if it finds the following:

1. That the proposed project will be in harmony with the general purpose of the bylaw
and the requirements of General Laws, Chapter 40A, and the long range Open Space
Plan of the town, either directly through development of the proposed project or by
means of amenities or mitigation (including without limitation areas of Common Open
Land) offered by or for the benefit of the applicant or project; that it will not have a
detrimental impact on the neighborhood, will be designed with due consideration for
health and safety, enhancing or preserving open space or substituting deed restricted
open space for undeveloped space, minimizing environmental disruption to the extent
reasonably possible, or allowing for more efficient provision of services and traffic
circulation.

2. That the project, either directly through development of the proposed project or by
means of amenities or mitigation offered by or for the benefit of the applicant or
project (including without limitation areas of Common Open Land) enhances critical
environmental areas such as:
2.1 Land abutting rivers, brooks and/or ponds of significant public interest,
which enhances or protects wetlands or flood plains, or which provide public
access to the water body, or which enhance or provide scenic vistas or views,
or which provide water-related recreation opportunities;

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ANNUAL TOWN MEETING APRIL 24, 2006

2.2 Land which provides a significant wildlife habitat or which is a unique
natural area; and
2.3 Groundwater Protection District and/or land which provides recharge to
Canton's current or future wells and highly favored aquifer areas.

3. That the "Common Open Land" and other open land protects critical environmental
areas and provides a valuable outdoor recreation resource:
3.1 Common Open Land or open land which is to be developed for active or
passive recreational uses;
3.2 Land which preserves existing trail networks or land on which new trails
will be developed. New trails will be developed as part of the development for
integration into existing and proposed trail networks;
3.3 Land which enhances scenic views; and
3.4 Land providing desirable public access to existing or proposed recreational
or conservation land.

4. That any land intended to be conveyed to, or restricted for the benefit of the Town
of Canton, as part of or in connection with the project:
4.1 Enhances or protection of critical environmental areas, unique natural
features, scenic vistas, or potential open space;
4.2 Provides a valuable addition to the open space resources of the Town;
4.3 Provides for a more efficient use of the land in harmony with its natural
features;
4.4 provides for creativity in the design of developments through a carefully
controlled process;
4.5 Provides a less sprawling form of development, a shorter network of
streets and utilities, more economic development of land with less
consumption of open space;
4.6 Permanently preserves natural topography and wooded areas within or in
the vicinity of development areas and/or preserves usable open space close to
homes; and
4.7 Provides an efficient procedure to ensure appropriate high quality design
and site planning to enhance the neighborhoods in which they occue and to
the Town as a whole.

5. That the design or redesign of buildings shall acknowledge and respect the
surrounding existing pattern of development, open space, and natural resources, such
as the Canton River and Viaduct, and Canton Center:
5.1 Promote the thoughtful design or redesign of buildings;
5.2 Enhance the open space between existing and proposed buildings;
5.3 Promote the visual and functional quality of Canton Center;
5.4 Promote bicycles and pedestrian trails; and
5.5 Provides pedestrian links to Canton Center and the existing MBTA train
stations (Canton Junction and Canton Center).

5.63.2 Definitions

For the special purposes of this Section 5.63, the following words and phrases shall have the meaning
hereinafter indicated:

Applicant: The person or persons, including without limitation a corporation or other legal
entity, who applies for issuance of a special permit for construction of an CCEOD Revitalization
Area "C" project, hereunder.

Buffer: An area within the CCEOD Revitalization Area "C" adjacent to the boundaries,
streams, rivers, ponds, which may not be developed except as provided herein.

Building Height: Building height shall be measured as set forth in the state Building Code
780 CMR.

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ANNUAL TOWN MEETING APRIL 24, 2006

Buildable Lot Area: A "Buildable Lot Area" shall be a single continuous tract of land located
entirely within Priority Revitalization Area "C" and which is contiguous with any required
frontage.

Development Schedule: A schedule showing the order and timing of construction and the
sequence of the improvements to be built or finished in the CCEOD Revitalization Area "C"
site, separated into stages where applicable.

Common Open Land: Any such area of land containing no building, structure, parking areas,
driveways or roadways, or only those reasonably deemed to enhance recreational use of such
land, or which have historic or aesthetic significance or otherwise add to the sense of place.

Professional Office: The office of one skilled in an occupation that primary services clients
or patients rather than customers including, but not limited to, the office of a lawyer, doctor,
dentist, architect, engineer, landscape architect, real estate agent, insurance agent, or the
studio of an artist, musician, or teacher, or the workroom of a dressmaker, milliner, or
photographer in which retail sales are incidental to office use.

Regulations: The applicable rules and regulations of the Board of Appeals relative to Special
Permits. The Zoning Board of Appeals, as the Special Permit Granting Authority, reserves the
right to modify and/or wave any and all requirements described in this section.

5.63.3 Scope of Authority

Revitalization Area "C" shall not restrict the owner's rights relative to the underlying zoning districts.
However, if the owner elects to file for a special permit under Revitalization Area "C", the development
shall conform to the requirements of Section 5.63 Priority Revitalization Area "C".
If the landowner selects to file a development plan in conformance with the requirements of the
CCEOD Revitalization Area "C" on a portion of a single continuous tract of land the entire continuous
tract of land shall conform to the objectives, standards, and criteria specified by the CCEOD
Revitalization Area "C" overlay zoning by-law. The landowner shall be prohibited from filing a
development plan in conformance with the requirements of the underlying zoning district on any
portion of such a continuous tract of land.

5.63.4 Special Permit Granting Authority

The Board of Appeals is hereby designated as the Special Permit Granting Authority (SPGA) for all
purposes under Section 5.63 Priority Revitalization Area "C". All special permit applications shall
conform to the standards and criteria of this Section and the Board of Appeals Rules and Regulations
governing the administration of applications for special permits.

Under section 5.63 Priority Revitalization Area "C", no building shall be constructed or externally
enlarged, and no use shall be expanded in ground area, or established in an existing building except in
conformity with a Site Development and Use Plan that bears the endorsement of approval by the
Board of Appeals. Requirements and Procedures for approval shall be in accordance with Article III.
Section 3.0 Site Plan Approvals. For sites in excess of five (5) acres, Site Development and Use Plans
may indicate development in phases.
Construction or operations under a building permit or a special permit shall conform to any
subsequent amendment of the Zoning By-law, unless the use or construction is commenced within a
period of not less than six months after the issuance of the permit and such construction is continued
through to completion as continuously and expeditiously as in reasonable. Any appeal or litigation
concerning the subject development shall extend said six month period while such appeal or litigation
is pending.
Prior to the Canton Building Commissioner issuing any occupancy permit, the developer must certify
to the Building Commissioner that all open space and recreation improvements (of a particular phase
of the project, if the Site Development and Use Plan permits phasing) required by the approved "Site
Development and Use Plan" are at least ninety (90) percent complete and that all open space and

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ANNUAL TOWN MEETING APRIL 24, 2006

recreation improvements (required in that phase of the project, if the Site Development and Use Plan
permits phasing) will be one hundred (100) percent complete within 180 days of the issuance of the
first occupancy permit (for such phase).

5.63.5 Objectives

In addition to the specific criteria contained within this section, the SPGA shall issue a special permit
for development within Revitalization Area "C" only after consideration of the following:

A. Adequacy of the site in terms of the size of the proposed use(s);
B. Adequacy of the provision of open space, its accessibility to the general public, and/or its
association with adjacent or proximate open space areas;
C. Suitability of the site for the proposed use(s);
D. Impact on traffic and pedestrian flow and safety;
E. Impact on the visual character of the neighborhood;
F. Adequacy of utilities, including sewage disposal, water supply and storm water drainage;
and
G. Degree to which the proposed project complies with the goals of the Canton Center
Revitalization Plan and the provisions of this section.

5.63.6 Uses Permitted

Within Priority Revitalization Area "C", the Board of Appeals may issue a special permit for the project
including but not limited to one or more of the following uses:

A. Multi-family and/or townhouse dwellings, including rental units and/or condominiums,
including:
Multi-family housing for individuals fifty-five (55) years of age or older pursuant to
Massachusetts General Laws c. 151B.
Low and/or moderate income housing as defined pursuant to Massachusetts
General Laws Chapter 40B Sections 20-23 and the regulations promulgated
thereunder.
. Senior Housing including Independent Living Facilities, Institutional Living Facilities
(Assisted Living and Skilled Nursing Facilities), and ancillary facilities and
amenities.
Multi-family Houses and or Town Houses and ancillary facilities and amenities. At
least five percent (5%) of all Multi-family/town House units created under the
CCEOD Revitalization Area "C" overlay zoning by-law shall contain three or more
bedrooms.

B. Mid-to small-scale town-center retail stores and offices including salesrooms and
showrooms, consumer service establishments, business and professional offices, executive
and administrative offices, banks and other institutions. Mid-to small scale shall mean
that the maximum size of a retail store shall be 40,000 square feet and no more than fifty
percent (50%) of retail store space shall be used for store in excess of 25,000 square feet.

Non-Residential Uses shall include, but not necessarily be limited, to the following:
1. Professional office as defined in 5.63.2 Definitions.
2. Mid-to small scale retail stores consistent with a Village Center.
3. A restaurant with the conditions that any bar or cocktail lounge be located
within the restaurant shall be solely for the purpose of servicing brunch,
luncheon, dinner or special function customers; and not to comprise more then
twenty-five percent (25%) of the floor area of the restaurant.
4. Bank or similar financial institution, including drive-through facilities.
. The following uses are specifically excluded:
1. Fast food establishments as defined in Section 1.15.19 of the Canton
Zoning By-laws

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ANNUAL TOWN MEETING APRIL 24, 2006

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

C. There shall be no deliveries or shipments between 10:00 p.m. and 7:00 a.m. Monday
through Friday. There shall be no deliveries or shipments between 10:00 p.m. and 8:00 a.m.
on weekends.
No building or structure shall be designed, arranged or constructed and no building, structure
or land shall be used, in whole or in part, for any purpose other than for one or more of the
uses permissible by special permit.

5.63.7 Standards and Criteria

A. Minimum Lot Size
. The minimum lot size is 10,000 square feet of "Buildable Lot Area".
. The lot must contain the "Buildable Lot Area" in a single, contiguous site within the
boundaries of Revitalization Area "C".
No portion of a public way or public street, as defined by the by-law may be
included in computing the minimum required "Buildable Lot Area".

B. Lot CoverageNo building shall be constructed so as to cover, together with any other
building on the lot, more than thirty (30) percent of the "Buildable Lot Area".

C. Minimum Lot Frontage and Access
Each lot with less than 30,000 square feet of "Buildable Lot Area" shall have a minimum
frontage of fifty (50) feet and at least one means of ingress/egress.
Each lots with 30,000 square feet or more acres of "Buildable Lot Area" shall have a minimum
frontage of fifty (50) feet and at least one means of ingress/egress.
Each means of ingress/egress shall have a continuous frontage of not less than sixty feet.
The Board of Appeals has the authority to require more than one means of ingress/egress.

5.63.8 Density

No building or structure shall be designed, arranged or constructed and no building, structure or land
shall be used, in whole or in part, which exceeds the densities specified below for residential and non-
residential uses.

A. Residential Uses
Residential uses include:
Multi-family housing and ancillary facilities and amenities for individuals fifty-five (55) years of age or
older pursuant to Massachusetts General Laws c. 151B.

One unit per 2,500 square feet of "Buildable Lot Area" or portion thereof.

Senior Housing including Independent Living Facilities, Institutional Living Facilities (Assisted Living
and Skilled Nursing Facilities), and ancillary facilities and amenities,

One unit per 2,500 square feet of "Buildable Lot Area" or position thereof.

Multi-family Housing and/or Town Houses, including rental units and/or condominiums, and ancillary
facilities and amenities. At least five percent (5%) of all Multi-family Housing and/or/Town House
units created under the CCEOD Revitalization Area "C" overlay zoning by-law shall contain three or
more bedrooms.

One unit per 2,500 square feet of "Buildable Lot Area" or portion thereof.

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ANNUAL TOWN MEETING APRIL 24, 2006

Notwithstanding the permissible maximum density of one unit per 2,500 square feet of "Buildable Lot
Area" or portion thereof, as set forth immediately above, the Board of Appeals may allow for an
increase in residential density as follows:
Multi-family Housing
The maximum density for any project located wholly within the CCEOD Revitalization Area "C"
may be increased by a total of fifteen percent (15%) provided that the building and lot
provides a minimum of sixty-five (65) percent of the required parking for that building and lot
in underground structural parking facilities.

The purpose of allowing the increase in allowable density is to increase the amount of Common Open
Land.

B. Non-Residential Uses

One thousand (1,000) gross square feet of non-residential floor area per 10,000 square feet of
"Buildable Lot Area" or portion thereof.
For the purpose of this section, "gross square feet of nonresidential floor area" means the total non-
residential floor area contained within exterior walls but does not include basement space used for
heating and utilities, storage or for automobile parking.

5.63.9 Set backs and Yard Regulations for Buildings

No building shall be constructed so as to be nearer to the line of any street than the "required setback
distance" or nearer to the side lines of its lot than the "required side yard width" or nearer to the rear
line of its lot than the "required rear year depth" specified below, unless the SPGA determines lesser
or no set back, side yard width or rear yard depth would be appropriate to the desired town center
sense of place of the project:
Each lot shall have a front yard setback distance of not less than twenty-five (25)
feet and a side yard setback and a rear yard of not less than zero (0) feet from the
nearest point of any exterior wall of the building.
. A corner lot shall have a front yard setback on only one street, as designated by
the site plan, and those portions of the lot paralleling the second street shall be
considered sidelines.
A. The required setback distance shall be measured forms the nearest exterior line of the street in
question.

B. No storage or display of goods, products, materials or equipment, vending machines or similar
commercial devises shall be located nearer to the line of any street than the permitted setback
distance for a building on the lot.

C. No lot on which a building is located shall be reduced or changed in size or shape so that the
building or lot fails to comply with the "Buildable Lot Area," frontage, building coverage, yard setback,
or other dimensional provisions of this Section.

5.63.10 Height Regulations

No building shall be constructed to exceed fifty feet (50') in height or a total of four (4) stories,
whichever is lower
Building height shall be measured as set forth in the State Building Code 780 CMR

5.63.11 Common Open Land

Each project approved by the SPGA under this Section 5.63 shall provide one or more areas of
Common Open Land aggregating no less than thirty percent (30%) of the Buildable Lot Area of the
project. Such land may but need not be contiguous with or within the project site.
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. No land to be included as part of the calculation of

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ANNUAL TOWN MEETING APRIL 24, 2006

Common Open Land, shall be a parcel less than 500 square feet in size. Common Open Land may
include land submerged beneath waterways, wetlands, flood plans and/or water bodies.

5.63.12 Parking Requirements

In Priority Revitalization Area "C", there shall be provided and maintained improved off-street
automobile parking in connection with the erection, establishment or increase in units or dimensions of
buildings, structures and uses, in the following amounts:
A. For dwelling units two parking spaces per each dwelling unit, except that a studio or one
bedroom dwelling unit need not have more than one parking space.
A.1. For restaurants and other on premises eating and drinking establishments, not less than one
(1) parking space for each six (6) 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 six (6) feet of bench, subject to the discretion of the Zoning Board of
Appeals to require additional parking space.
B. For retail stores and offices including salesrooms and show rooms, consumer service
establishments, public administration buildings, business and professional offices, executive
and administrative offices, banks and other financial institutions one parking space for each
two hundred fifty (250) square feet of gross floor area. For the purpose of this section, "gross
floor area" means the total floor area contained within exterior walls, but does not include
basement space used for heating and utilities, storage or for automobile parking.
C. Uses not listed in this Section 5.63.12 Parking Requirements, Subsections (A), (A.l) and (B)
shall comply with the parking space requirements of the Zoning By-law Section 4.0 Off-Street
Parking.
D. In the case of mixed uses, the parking spaces required ~ be the sum of the requirement for
the various individual uses, computed separately in accordance with this section. Parking
spaces for one use shall not be considered as providing the required parking spaces for any
other use unless it can be clearly demonstrated to the Board of Appeals that the need for
parking occurs at different times.
E. Whenever, after the date of adoption of this By-law, there is a change in the lawful use of the
premises or in ili1Y. unit of measurement specified in Section 5.63 CCEOD Revitalization Area
"C", which change separately or when combined with previous changes, creates a need for an
increase or decrease of more than ten percent (10%) of the number of off-street parking
spaces as determined by the provisions of this section, more off-street parking spaces shall,
and fewer spaces may, respectively be provided within six months of the basis of the adjusted
needs.
F. Off-street automobile parking spaces, to the extent required in this section, may be provided
either on the same lot or premises with the parking generator or on any lot or premises
associated therewith a substantial portion of which at least is within three hundred (300) feet
of the generator.
G. Off-street parking facilities and connecting drives between such facilities and the street shall
be designed to insure the safety and convenience of persons traveling within or through the
parking area, and between the parking facility and the street. The provisions of Section 4.06
Design Standards shall be considered the minimum criteria for evaluating such design.
H. In addition to the requirements for automobile parking spaces there shall also be provided for
each building or group of buildings sufficient off-street loading space to insure that all loading
operations take place off the public way. Loading spaces and access drives leading to loading
spaces shall be designed that vehicles to be loaded or unloaded are not required to maneuver
in the public way to enter or leave the designated loading area. The provisions of Section
4.06.6 Loading Areas shall be considered the minimum criteria for evaluating such design.

Below grade structured automobile parking shall be permitted within the basements of buildings
provided that such "structured basement" automobile parking is exclusively reserved for motor
vehicles of residents, customers or employees of improvements on the project.
Below grade structured parking may be designed to allow two cars to park in "tandem". In such case,
each of the two "tandem" parking spaces shall be counted as providing a parking space for the
purpose of meeting the off street parking requirements of this by-law. "Tandem" parking is defined as
two parking spaces placed one behind another in single file.

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ANNUAL TOWN MEETING APRIL 24, 2006

5.63.13 Signs and Advertising Devices

The provisions of Section 4.1 Signs and Advertising devices is adopted for the regulation and
restriction of bill boards, signs and other advertising devices within the Canton Center Economic
Opportunity District Revitalization Area "C".

5.63.14 Affordable Units

As a condition for the grant of a special permit pursuant to this Section 5.63 authorizing an increase in
the otherwise permissible density of population or intensity of a particular use in a proposed
development pursuant to the requirements of this section 5.63, at least twelve percent (12%) of the
dwelling units attributable to such increased density shall be deed restricted in perpetuity, except for
four units or less, the Board of Appeals may decide to waive this requirement; for occupancy by
persons earning not more than eighty percent of the area median income as defined and regulated by
the Commonwealth's Department of Housing and Community Development and 20% shall be for low
income persons.

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.

5.63.15 Preference

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 affordable units, and the fees for all services will be
negotiated between the Authority and the Developer, within the Canton Center Economic Opportunity
District Development as provided for in 5.63.15 and 5.63.15A.

5.63.16 Canton Housing Authority

For those apartment units specified as affordable, the Zoning Board of Appeals shall require that the
Canton Housing Authority be given priority with regard to the selection

process of residents be given priority with regard to the selection process of residents.
Petition for bv Leslie A. Kramer and nine others

MOVED:

That the subject matter of this article be postponed indefinitely.

VOTE: 8-0-0

FINANCE COMMITTEE DISCUSSION: The Finance Committee recommends postponement of this
article. Proponents for Plymouth Rubber created this article in hopes of attracting the interest of a
developer for the site. However, when presented to the Finance Committee, there was no agreement
with any party interested in re-developing the Plymouth Rubber property. The lack of an agreement
resulted in an inability to formulate possible development plans for the site. Further, it was not
communicated to the Finance Committee that any of the abutters of the Plymouth Rubber Company
were consulted on the details of this article and it was clear that the Planning Board did not agree with
the details.

The proposed zoning by-law change of this article competes with Article 27 (sponsored by the Planning
Board). The basic structure of these two articles is similar, however, substantial differences are found
in the proposed density, height and open space on the site. The increased density proposed by this
article could have considerable financial impact on the town due to possible increases in school
populations, increased stress on town services, increased wear and tear on roads due to traffic and
possible need for additional traffic lights throughout the town. However, with no firm development
plans, it is impossible to assess any financial impact at this time.

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ANNUAL TOWN MEETING APRIL 24, 2006

In light of these facts, we believe that action on this proposed change to the town by-laws is
premature.

PLANNING BOARD DISCUSSION: For this article, the Planning Board voted to send an
unfavorable recommendation to the town meeting. This article is not in line with the town's master
plan nor is it protective of the surrounding neighborhood.

APPROVED______ DISAPPROVED______

"..,.(...=-....

PROPOSED AMENDMENT TO ZONING BY-LAWS - LOT AREA AND WIDTH IN RESIDENTIAL
DISTRICTS
Article 20 to see if the Town will vote to amend the town's zoning bylaws, as most recently
amended, by substituting Section 4.21 with:

Section 4.21 Lot Area and Width in Residential Districts

In all Residential District, no building except a one-story building of accessory use, shall be
constructed on lot having less area than the "Required Lot Area" or having less width, measured
through that part of the building where the lot is narrowest, than the "Required Lot Width Through
Building", or having less area than the "Minimum Required Non-Wetland Area" specified in the
following table for the district in which said lot is located, and not more than one building constructed
as a dwelling, or so used, shall be located on each such lot except that an apartment house may,
subject to the conditions of a special permit, be authorized to consist of more than one building on a
lot.

 Lot Width Minimum Required
 Lot Area Through Non-Wetland
District Reauired Reauired Buildina Area
Single Residence AA 45,000 sq.ft. 200 ft. 30,000 sq.ft.
Single Residence A 30,000 sq.ft. 150 ft. 20,000 sq.ft.
Single Residence B 15,000 sq.ft. 115 ft. 12,000 sq.ft.
Single Residence C 10,000 sq.ft. 100 ft. 8,500 sq.ft.
General Residence 10,000 sq.ft. 100 ft. 8,500 sq.ft.

In computing the "Non-Wetland Area" required for a Residential Lot, no portion of any brook, creek,
stream, river, pond, lake or reservoir or portion thereof, nor any freshwater wetland as defined by the
Massachusetts Wetlands Protection Act, MGL Chapter 131, Section 40, nor any portion of a way or
street, as defined by the By-law may be included in the minimum required Non-Wetland Area.
or take any other action in relation thereto.

Copies of which are on file in the office of the Planning Board, and in the office of the Board of
Selectmen, at the Town Clerk at Memorial Hall, and at the reference desk of the Canton Public Library.
Petition for bv Charles S. Cox Jr. and nine others

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

VOTE: 8-0-0

PLANNING BOARD MOTION:
MOVED: That the Town's Zoning By-laws, as most recently amended, be hereby
amended by substituting 4.21 with:

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ANNUAL TOWN MEETING APRIL 24, 2006

Section 4.21 Lot Area and Width in Residential Districts

In all Residential District, no building except a one-story building of accessory use, shall be
constructed on lot having less area than the "Required Lot Area" or having less width,
measured through that part of the building where the lot is narrowest, than the "Required
Lot Width Through Building", or having less area than the "Minimum Required Non-Wetland
Area" specified in the following table for the district in which said lot is located, and not
more than one building constructed as a dwelling, or so used, shall be located on each such
lot except that an apartment house may, subject to the conditions of a special permit, be
authorized to consist of more than one building on a lot.

District Reauired

Lot Area
Reauired

Lot Width
Through
Buildina

Minimum Required
Non-Wetland
Area

Single Residence AA
Single Residence A
Single Residence B
Single Residence C
General Residence

45,000 sq.ft.
30,000 sq.ft.
15,000 sq.ft.
10,000 sq.ft.
10,000 sq.ft.

200 ft.
150 ft.
115 ft.
100 ft.
100 ft.

30,000 sq.ft.
20,000 sq.ft.
12,000 sq.ft.
7,500 sq.ft.
7,500 sq.ft.

In computing the "Non-Wetland Area" required for a Residential Lot, no portion of any
brook, creek, stream, river, pond, lake or reservoir or portion thereof, nor any freshwater
wetland as defined by the Massachusetts Wetlands Protection Act, MGL Chapter 131,
Section 40, nor any portion of a way or street, as defined by the By-law may be included in
the minimum required Non-Wetland Area.

FINANCE COMMITTEE DISCUSSION: The Finance Committee unanimously recommends
deferring this Article to the Planning Board. We see no financial impact to this Article and believe the
Planning Board is the proper body to comment on this Zoning Article.

PLANNING BOARD DISCUSSION: The Planning Board voted to send a favorable recommendation
to town meeting on this article. It would bring the town closer in line with surrounding towns by
requiring buildable lots to have greater percentage of non-wetland area than today. This article is well
in line with the town's master plan.

APPROVED______ DISAPPROVED______

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PROPOSED AMENDMENT TO ZONING BY-LAWS TO REINSTATE CANTON ECONOMIC
OPPORTUNITY DISTRICT FROM SHERMAN STREET TO LEWIS STREET
Article 21 To see if the Town will vote to amend the Zoning By-law to reinstate original Canton
Economic Opportunity District as approved by Canton Town Meeting and Attorney General in 1999 and
reaffirmed in 2000 including Sherman Street to Lewis Street reinstated - As reiterated in the attached
2004 Canton Zoning By-laws Section beginning 5.61.

Copies of which are on file in the office of the Planning Board, in the office of the Board of Selectmen,
in the office of the Town Clerk at Memorial Hall, and at the reference desk of the Canton Public
Library.
Petition for bv M. D. Abramowitz and nine others

MOVED:

That the subject matter of this article be postponed indefinitely.

VOTE: 8-0-0

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ANNUAL TOWN MEETING APRIL 24, 2006

FINANCE COMMITTEE DISCUSSION: The Finance Committee does not support adoption of
this proposed By-law change and have unanimously recommended that Town Meeting postpone action
on this article indefinitely. We disagree with the article first with regard to form, in that the article, if
adopted, would apply the CCEOD overlay as originally adopted in 2000 to the area in question -
meaning that the many improvements to the by-law made since then would not apply in the re-zoned
district. Second, it is our understanding - after consultations with the Planning Board - that this area
was recently re-zoned and that there are, currently, no pending plans before the Planning Board for
re-development in the area under consideration. It is their opinion that, until such time as people
have actually brought plans before the board that cannot be accommodated within the recent re-
zoning talk of applying the CCEOD to this area is premature. We concur.

PLANNING BOARD DISCUSSION: The Planning Board voted to send an unfavorable
recommendation to town meeting for this article. It would reverse a nearly unanimous vote of town
meeting to rezone the property last year. As is now zoned, the area strikes a balance between the
residential feel with the business use that exists today. Although it is more restrictive than the Canton
Center Economic District Priority Area A, it remains one of the most liberal districts in the town
allowing both certain commercial and residential uses. This article would also eliminate all changes
made to the entire CCEOD by-law made over the years including certified acoustical barriers, building
height, and affordable housing. Although this may not be the intent, this is a factor that could be
detrimental to the town.

APPROVED______ DISAPPROVED______

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PROPOSED AMENDMENT TO THE ZONING BY-LAWS - SECTION 2.1.3.2 CERTAIN
RESIDENTIAL USES BY SPECIAL PERMIT ONL Y.

Article 22 To see if the Town will vote to amend the Zoning Bylaws as most recently amended, by
changing the language of Section 2.1.3.2 [actually 2.13.2J Certain Residential Uses by Special Permit
Only by inserting after Paragraph A.3 a new paragraph A.4 and renumbering Paragraph A.4 as
Paragraph A.5 such that it reads as follows:

A.4 For premises containing more than four (4) dwelling units, at least ten percent (10%) of the
dwelling units shall be deed restricted in perpetuity as "Affordable Units" as defined in the latest
Department of Housing and Community Development Regulations M.G.L. c. 40B Low or Moderate
Income Housing Programs.
Plannina Board

MOVED: To amend the Zoning By-Law Section 2.12.3 as most recently amended, by
changing the language of Section 2.13.2 Certain Residential Uses by Special Permit Only by
inserting after Paragraph A.3 a new paragraph A.4 and renumbering Paragraph A.4 as
Paragraph 5 such that it reads as follows:

"A.4 For premises containing more than four (4) dwelling units, in consideration of the
increases in the otherwise permissible density of population or intensity of a particular use
authorized pursuant to this Section 2.13.2, at least ten percent (100/0) of the dwelling units
shall be deed restricted in perpetuity as "Affordable Units" as defined in M.G.L. c 40B SS.
20-23 and in the regulations of the Department of Housing and Community Development
promulgated thereunder."

This amendment to Sec. 2.13.2 voted at the 2006 Annual Town Meeting shall not apply to
any Special Permit granted under Sec. 2.13.2 prior to the first publication of notice of the
Planning Board's public hearing on this amendment.

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ANNUAL TOWN MEETING APRIL 24, 2006

VOTE: 8-0-0

FINANCE COMMITTEE DISCUSSION: The Finance Committee recommends adoption of this
proposal from the Planning Board - a technical change to Section 2.13.2 of the Zoning By-laws meant
to help ensure that future multi-unit developments in town set-aside sufficient units for "Affordable
Housing" so that Canton can maintain its favorable standing with regard to Chapter 40B of the
Massachusetts General Laws.

PLANNING BOARD DISCUSSION: The Planning Board voted to recommend this article to town
meeting. This article is a direct result of the town's master plan. It would further ensure that Canton
keeps pace with the state mandated 10% of affordable housing as the town grows and provide greater
opportunity's for affordable housing for Canton residents.

APPROVED______ DISAPPROVED______

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PROPOSED AMENDMENT TO ZONING BY-LAWS BY CHANGING THE LANGUAGE OF SECTION
3.0 SITE PLAN APPROVAL AND 3.01 REQUIREMENT FOR SITE PLAN
Article 23 To see if the Town will vote to amend the Zoning By-laws as most recently amended by
changing the language of Section 3.0 Site Plan Approval, 3.01 Requirement for Site Plan by inserting
after the phrase "and no non-residential use" the phrase "including any charitable or philanthropic use
for religious purposes or educational purposes" such that it reads:

No building, except a residential structure for single or two family use, shall be constructed or
externally enlarged, and no non-residential use including any charitable or philanthropic
use for religious purposes or educational purposes shall be expanded in ground area, or
established in an existing building not previously used for non-residential purposes, except in
conformity with a site plan bearing an endorsement of approval by the Board of Appeals. Said
site plan shall show, among other things, all existing and proposed buildings, structures,
parking spaces, loading areas, driveway openings, driveways, service areas, other open uses,
and all facilities for either underground or overhead utilities, including, but not limited to
electric, telephone, fire alarm systems, gas, water, sewage, and drainage, refuse and other
waste disposal and for surface water drainage, and all landscape features (such as walks,
fences, walls, planting area and green belts) on the lot.
Plannina Board

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

VOTE: 7-0-0

PLANNING BOARD MOTION:
MOVED: To amend the Zoning By-Laws, Section 3.0 Site Plan Approval, and Section
3.01 Requirement for Site Plan, as most recently amended, by inserting after the phrase
"and no non-residential use" the phrase "including any charitable or philanthropic use for
religious purposes or educational purposes" such that it reads:

No building, except a residential structure for a single or two family use, shall be
constructed or externally enlarged, and no non-residential use including any
charitable or philanthropic use for religious purposes or educational purposes shall
be expanded in ground area, or established in an existing building not previously

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ANNUAL TOWN MEETING APRIL 24, 2006

used for non-residential purposes, except in conformity with a site plan bearing an
endorsement of approval by the Board of Appeals. Said site plan shall show, among
other things, all existing and proposed buildings, structures, parking spaces, loading
areas, driveway openings, driveways, service areas, other open uses, and all
facilities for either underground or overhead utilities, including, but not limited to
electric, telephone, fire alarm systems, gas, water, sewage, and drainage, refuse and
other waste disposal and for surface water drainage, and all landscape features
(such as walks, fences, walls, planting area and green belts) on the lot.

FINANCE COMMITTEE DISCUSSION: The Finance Committee unanimously recommends
indefinite postponement of this article in its current form. While generally supportive of the intent of
the article, the committee believes the language as proposed by the Planning Board is unduly
restrictive in that it appears to limit the applicability of this change only to religious organizations. We
do not believe that is the intent of this proposed change.

To appropriately broaden the applicability, we suggest the highlighted language should read as
follows: including any charitable, philanthropic, religious or educational use or purpose.

PLANNING BOARD DISCUSSION: The Planning Board voted to recommend this article to town
meeting. This amendment to the zoning by-law would offer additional protection to the town by
ensuring that educational and religious development would have the same type of site plan review as
private commercial projects.

APPROVED______ DISAPPROVED______

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PROPOSED AMENDMENT TO THE TOWN'S ZONING MAP - 2468 WASHINGTON STREET AND
GREENLODGE STREET
Article 24 To see if the town will vote to amend the town's zoning map, as most
recently amended, by changing the designation of the parcels of land located at 2468 Washington
Street and Greenlodge Street, described on the Board of Assessors Map 67, Lot 22 and Map 43, Lot 1,
copies of which have been placed on file and are available for public view at the Office of the Planning
Board, at the Office of the Town Clerk, 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 Single Residence Band
Single Residence C to Parkland, Recreation, and Open Space, or to take any other action in relation
thereto.
Plannina Board

MOVED:

That the subject matter of this article be postponed indefinitely.

VOTE: 7-0-0

FINANCE COMMITTEE DISCUSSION: The Finance Committee unanimously
recommends indefinite postponement of this article. It is our understanding that the Planning Board
intends to postpone or withdraw this article and we support that decision.

PLANNING BOARD DISCUSSION: The Planning Board voted to postpone indefinitely the subject
matter of this article. The Planning Board will continue discussions with the property owner and hopes
to bring this article back to a future town meeting.

APPROVED______ DISAPPROVED______

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ANNUAL TOWN MEETING APRIL 24, 2006

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PROPOSED AMENDMENT TO THE ZONING BY-LAWS, SECTION 1.24 - RIGHTS AUTHORIZED
BY A VARIANCE
Article 25 To see if the Town will vote to amend Section 1.24 (~4) of the Canton Zoning By-laws,
as most recently amended, as follows::

STRIKE the fourth paragraph in its entirety and SUBSTITUTE therefore the following:

If the rights authorized by a variance are not exercised within one year of the date of grant of
such variance, such rights shall lapse; provided, however, that the permit granting authority in its
discretion and upon written application by the grantee of such rights may extend the time for exercise
of such rights for a period not to exceed six months; and provided, further, that the application for
such extension is filed with such permit granting authority prior to the expiration of such one year
period. If the permit granting authority does not grant such extension within thirty days of the date of
application therefore, and upon the expiration of the original one year period, such rights may be
reestablished only after notice and a new hearing pursuant to the provisions of M.G.L. c. 40A, or take
any other action in relation thereto.
Plannina Board

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

VOTE: 7-0-0

PLANNING BOARD MOTION:
MOVED: That Section 1.24 ('4) of the Zoning By-laws, as most recently amended, be
further amended as follows:

By striking the fourth paragraph in its entirety and substituting therefore the following:

If the rights authorized by a variance are not exercised within one year of the date of
grant of such variance, such rights shall lapse; provided, however, that the permit granting
authority in its discretion and upon written application by the grantee of such rights may
extend the time for exercise of such rights for a period not to exceed six months; and
provided, further, that the application for such extension is filed with such permit granting
authority prior to the expiration of such one year period. If the permit granting authority
does not grant such extension within thirty days of the date of application therefore, and
upon the expiration of the original one year period, such rights may be reestablished only
after notice and a new hearing pursuant to the provisions of M.G.L. c. 40A.

FINANCE COMMITTEE DISCUSSION: The Finance Committee unanimously decided to defer
action on this article to the Planning Board, and it is our expectation that the Planning Board will offer
the language as printed in the Warrant on the floor of Town Meeting. It is our understanding that this
is a minor, technical change to Section 1.24 of the Zoning By-laws that is done so as to match
Massachusetts law. Because of the technical nature of this article, we chose to defer to the Town's
elected Planning Board.

PLANNING BOARD DISCUSSION: The Planning Board voted to recommend this article to town
meeting. The proposed by-law change would bring the towns zoning by-laws in line with the
Massachusetts General Laws and provide those granted variances the ability to file for an extension
one year after the petition is granted.

APPROVED______ DISAPPROVED______

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ANNUAL TOWN MEETING APRIL 24, 2006

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PROPOSED AMENDMENT TO THE TOWN'S ZONING MAP - BY CHANGING THE DESIGNATION
OF PARCELS OF LAND LOCATED AT BLUE HILL RIVER ROAD
Article 26 To see if the Town will vote to amend the Town's Zoning Map, as most recently
amended, by changing the designation of the parcels of land located at Blue Hill River Road,
described on the Board of Assessors' Map 84 Lot 3, copies of which have been placed on file and are
available for public view at the Office of the Planning Board, at the Offrice [actually Office] of the Town
Clerk, the Office of the Board of Selectman in Memorial Hall, at the research desk at the Canton Public
Library, and on the town web site from Single Residence AA to Parkland, Recreation, and Open Space,
or take any other action in relation thereto.
Plannina Board

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

VOTE: 7-0-0

PLANNING BOARD MOTION:
MOVED: That the Town's Zoning Map, as most recently amended, be amended by
changing the zoning designation of the parcels of land located at Blue Hill River Road,
described on the Board of Assessors' Map 84 Lot 3, from Single Residence AA to Parkland,
Recreation, and Open Space.

FINANCE COMMITTEE DISCUSSION: The Finance Committee unanimously decided to defer
action on this article to the Planning Board. This article proposes a change to the zoning map and
involves certain parcels of land on Blue Hill River Road. Because of the technical nature of this article,
we chose to defer to the Town's elected Planning Board.

PLANNING BOARD DISCUSSION: The Planning Board voted to recommend this article to town
meeting. This article is a direct result of the town master plan. The Department of Conservation and
Recreation property, known as Brookwood Farm, straddles the Canton-Milton line and was a gift of
Canton resident Henry Howe. The rezoning of this property would insure the protection in the event
of its sale to a private entity.

APPROVED______ DISAPPROVED______

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PROPOSED ZONING BY-LAW AMENDMENT - ESTABLISHMENT OF A CANTON CENTER
ECONOMIC OPPORTUNITY DISTRICT (CCEOD) ZONING BY-LAW
Article 27
5.6 Canton Center Economic Opportunity District By-law

There is hereby established a Canton Center Economic Opportunity District (CCEOD) Zoning By-law.
The CCEOD is divided into three separate and distinct sub-districts of Canton Center as follows:

Priority Revitalization Area "A": That area of Canton Center that runs along Washington
Street from Neponset Street to Sherman Street, a distance of approximately 3000 linear feet.

Revitalization Area "B": That area of Canton Center that runs along Washington Street from
Sherman Street to Lewis Street, a distance of approximately 1000 linear feet.

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ANNUAL TOWN MEETING APRIL 24, 2006

Revitalization Area "C": That area of Canton Center that runs along Revere Street from the
boundary of the CCEOD Revitalization Area "A" to the intersection of the railroad bridge/tracks
and Revere Street, a distance of approximately 2,500 linear feet.

Revitalization Area A and B are shown on a map entitled" Canton Center Economic Opportunity
District (Priority Revitalization Area "A" and Revitalization Area "B") prepared by the Canton Planning
Department and dated December 20, 2004.

Revitalization Area C is shown on a map entitled "Canton Center Economic Opportunity District (
Revitalization Area "C") prepared by the Canton Planning Department and dated December 18, 2005.

Which maps are hereby incorporated by reference in this Section 5.6.

5.63 Priority Revitalization Area "c"

The benefits described in this Section 5.63 shall accrue only to those parcels located entirely within the
boundary of the Priority Revitalization Area "C".

Priority Revitalization Area "C" is established for the accomplishment of the following purposes:

A. To promote the economic health and stability of the Town by encouraging development and
economic investment in Canton Center.

B. To provide additional planning flexibility for projects located in Canton Center, including
enhancing the coordination of the project with the environmental and natural features of the
development site, including:

. Development of parks and open spaces on Common Open Land, which would be
available for use by the general public.

. Protection, or enhancement of adaptive reuse of, historically significant buildings as
required by the Canton Historical Commission and the State Historical Commission.

. Protection and enhancement of the natural environment, including rivers, waterways,
and wildlife corridors as required by the Canton Conservation Commission, DEP and
NHP. The revitalization plan must be sensitively designed and constructed to avoid the
disruption of wildlife.

. Provide public access and walking trails along waterways, connections to the MBTA
train Stations and to Canton Center.

. Protection of scenic vistas as advised by the Canton Trails Commission.

C. To encourage mixed-use development, including but not limited to, offices, retail shops, and
multi-family housing. No more than forty percent (40%) of the non-residential uses can be
office.
Mixed use development includes:

. Small-scale village-oriented development in according to prescribed review and
approval procedures and according to design standards that are particular to the
CCEOD Residential Area "C".

Multi-family and/or Town houses for individuals fifty-five (55) years of age or older
pursuant to Massachusetts General Laws c. 151B.

Low and/or moderate income housing as defined pursuant to Massachusetts General
Laws Chapter 40B Sections 20-23 and the regulations promulgated there under.

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ANNUAL TOWN MEETING APRIL 24, 2006

. Senior Housing including Independent Living Facilities, Institutional Living Facilities
(Assisted Living and Skilled Nursing Facilities), and ancillary facilities and amenities.

Museums, farmers markets, and cultural establishments, small business incubator
space, artist studio and galleries, artist housing, open space and river access,
community gathering space, indoor and outdoor performance space.

D. To permit the use of new development standards which will promote the desired changes in
Canton Center and to provide information on the potential impacts of a proposed development
that include, but are not limited to, the following:

. A mix of commercial and residential uses that help to contain traffic within the
revitalization area and by so doing limit impacts to residential portions of the
community.

. To enable the Special Permit Granting Authority (SPGA) to require adherence to "Site
Development and Use Plans" in the granting of a special permit.

. Creates regulatory procedures for determining appropriate locations for uses defined
herein.

Provide for development in a manner that strives to maintain the existing character of
the CCEOD Revitalization District "C" and nearby neighborhoods, creates a harmony
between residential and non-residential neighborhoods, protects existing abutting
neighborhoods, and minimizes the development impact on nearby neighborhoods, while
striving to conserve environmental features, woodlands, wet areas, the Canton River,
open spaces and areas of scenic views, beauty, and vistas such as the Viaduct.

E. Master Plan and Report

The document entitled "Planning Brief for a Canton Center Economic Opportunity District -
Revitalization Area "C' Zoning By-Law, Canton Massachusetts", prepared for the Canton Planning
Board by the Canton Planning Department and dated August 15, 2005 is incorporated by
reference in this Section 5.63

The applicant will prepare a Master Plan and Report in conformity with the requirements of the
CCEOD Revitalization Area "C" objectives, standards, and criteria. If the landowner elects to file
a development plan on a portion of a single contiguous tract of land, the applicant shall prepare
a Master Plan and Report for the entire contiguous tract of land.

The Master Plan will describe conditions prior to and on completion of both the proposed project.
Environmental issues to be addressed include water quality, pollution of groundwater, damage
or threat to wetlands, flood plains, and plants and animals.

The applicant will prepare Site Plans in conformity with the Planning Board Rules and
Regulations. The Site Plan will furnish information consistent with the information required by
the Planning Board for approval of a subdivision.

The Board of Appeals mav arant a Special permit under this Section only if it finds the
following:

1. That the proposed project will be in harmony with the general purpose of the bylaw and
the requirements of General Laws, Chapter 40A, and the long range Open Space Plan of the
town; that it will not have a detrimental impact on the neighborhood, will be designed with
due consideration for health and safety, preserving open space, minimizing environmental

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ANNUAL TOWN MEETING APRIL 24, 2006

disruption, or allowing for more efficient provision of services and traffic circulation.

2. That the project itself does not impinge upon critical environmental areas such as:.

2.1. Land abutting rivers, brooks and/or ponds of significant public interest, which
enhances or protects wetlands or flood plains, or which provide public access to the water
body, or which enhance or provide scenic vistas or views, or which provide water-related
recreation opportunities.

2.2 Land which provides a significant wildlife habitat or which is a unique natural area

2.3 Groundwater Protection District and/or land which provides recharge to Canton's
current or future wells and highly favored aquifer areas.

3. That the "Common Open Land" and other open land protects critical environmental areas
and provides a valuable outdoor recreation resource.

3.1 Common Open Land or open land which is to be developed for active or passive
recreational uses

3.2. Land which preserves existing trail networks or land on which new trails will be
developed. New trails will be developed as part of the development for integration into
existing and proposed trail networks.

3.3 Land which enhances scenic views

3.4. Land providing desirable public access to existing or proposed recreational or
conservation land.

4. That land intended to be conveyed to, or restricted for the benefit of the Town of Canton

4.1 Enhances or protection of critical environmental areas, unique natural features,
scenic vistas, or potential open space.

4.2 Provides a valuable addition to the open space resources of the Town.

4.3 Provides for a more efficient use of the land in harmony with its natural features.

4.4 Provides for creativity in the design of developments through a carefully controlled
process

4.5 Provides a less sprawling form of development, a shorter network of streets and
utilities, more economic development of land with less consumption of open space.

4.6 Permanently preserves natural topography and wooded areas within development
areas and preserves usable open space close to homes.

4.7 Provides an efficient procedure to ensure appropriate high quality design and site
planning to enhance the neighborhoods in which they occur and to the Town as a whole.

5. That the design or redesign of buildings shall acknowledge and respect the surrounding
existing pattern of development, open space, and natural resources, such as the Canton
River and the Viaduct, and Canton Center.

5.1 Promote the thoughtful design or redesign of buildings.

5.2 Enhance the open space between existing and proposed buildings.

5.3 Promote the visual and functional quality of Canton Center

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ANNUAL TOWN MEETING APRIL 24, 2006

5.4 Promote bicycles and pedestrian trails.

5.5 Provides pedestrian links to Canton Center and the existing MBTA train stations
(Canton Junction and Canton Center)

6. That the project seeks to protect, or enhance adaptive reuse of, historically significant
buildings as identified by the Canton Historical Commission and/or the State Historical
Commission.

5.63.2 Definitions

For the special purposes of this Section 5.63, the following words and phrases shall have the meaning
hereinafter indicated:

Applicant: The person or persons, including without limitation a corporation or other legal
entity, who applies for issuance of a special permit for construction of an CCEOD
Revitalization Area "C" project, hereunder.

Buffer: An area within the CCEOD Revitalization Area "C" adjacent to the boundaries,
streams, rivers, ponds, which may not be developed except as provided herein.

Building Height: Building height shall be measured as set forth in the State Building Code
780 CM R.

Buildable Lot Area: A "Buildable Lot Area" shall be a single continuous tract of land located
entirely within Priority Revitalization Area "C" which is contiguous with the frontage, and which
excludes any land defined as a "Resource Area" under the Massachusetts Wetlands Protection Act
(MGL Chapter 131, Section 40 and 40A).
Development Schedule: A schedule showing the order and timing of construction and the
sequence of the improvements to be built or finished in the CCEOD Revitalization Area "C"
site, separated into stages where applicable.

Common Open Land: Any such area of land containing no building, structure, parking areas,
driveways or roadways.

Professional Office: The office of one skilled in an occupation that primary services clients or
patients rather than customers including, but not limited to, the office of a lawyer, doctor,
dentist, architect, engineer, landscape architect, real estate agent, insurance agent, or the
studio of an artist, musician, or teacher, or the workroom of a dressmaker, milliner, or
photographer in which retail sales are incidental to office use.

Regulations: The applicable rules and regulations of the Board of Appeals relative to Special
Permits. The Zoning Board of Appeals, as the Special Permit Granting Authority, reserves the
right to modify and/or wave any and all requirements described in this section.

Upland Acres: Land without a "Resource Area".

Resource Area: All land subject to the provisions of MGL Chapter 131, Section 40 and 40A.

5.63.3 Scope of Authority

Revitalization Area "C" shall not restrict the owner's rights relative to the underlying zoning districts.
However, if the owner elects to file for a special permit under Revitalization Area "C', the development
shall conform to the requirements of Section 5.63 Priority Revitalization Area "C".

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ANNUAL TOWN MEETING APRIL 24, 2006

If the landowner selects to file a development plan in conformance with the requirements of the
CCEOD Revitalization Area "C" on a portion of a single continuous tract of land the entire continuous
tract of land shall conform to the objectives, standards, and criteria specified by the CCEOD
Revitalization Area "C" overlay zoning by-law. The landowner shall be prohibited from filing a
development plan in conformance with the requirements of the underlying zoning district on any
portion of such a continuous tract of land.

5.63.4 Special Permit Granting Authority

The Zoning Board of Appeals is hereby designated as the Special Permit Granting Authority (SPGA) for
all purposes under Section 5.63 Priority Revitalization Area "C". All special permit applications shall
conform to the standards and criteria of this Section and the Zoning Board of Appeals Rules and
Regulations governing the administration of applications for special permits.

Under Section 5.63 Priority Revitalization Area "C", no building shall be constructed or externally
enlarged, and no use shall be expanded in ground area, or established in an existing building except in
conformity with a Site Development and Use Plan that bears the endorsement of approval by the Board
of Appeals. - Requirements and Procedures for approval shall be in accordance with Article III. Section
3.0 Site Plan Approvals.

Construction or operations under a building permit or a special permit shall conform to any subsequent
amendment of the Zoning By-law, unless the use or construction is commenced within a period of not
less than six months after the issuance of the permit and such construction is continued through to
completion as continuously and expeditiously as in reasonable. Any appeal or litigation concerning the
subject development shall extend said six month period while such appeal or litigation is pending.

Prior to the Canton Building Commissioner issuing any occupancy permit, the developer must certify
to the Building Commissioner that all open space and recreation improvements required by the
approved "Site Development and Use Plan"are at least ninety (90) percent complete and that all open
space and recreation improvements will be one hundred (100) percent complete within 180 days of
the issuance of the first occupancy permit.

5.63.5 Objectives

In addition to the specific criteria contained within this section, the SPGA shall issue a special permit
for development within Revitalization Area "C" only after consideration of the following:

A. Adequacy of the site in terms of the size of the proposed use(s);
B. Adequacy of the provision of open space, its accessibility to the general public, and/or Its
association with adjacent or proximate open space areas;
C. Suitability of the site for the proposed uses(s);
D. Impact on traffic and pedestrian flow and safety;
E .Impact on the visual character of the neighborhood;
F. Adequacy of utilities, including sewage disposal, water supply and storm water drainage; and
G. Degree to which the proposed project complies with the goals of the Canton
CenterRevitalization Plan and the provisions of this section.

5.63.6 Uses Permitted

Within Priority Revitalization Area "C", the Board of Appeals may issue a special permit for the
following uses:

A. Multi-family houses or buildings, subject to the following conditions:

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ANNUAL TOWN MEETING APRIL 24, 2006

. At least 50 percent of the total units must be multi-family housing for individuals fifty-five
(55) years of age or older pursuant to Massachusetts General Laws c. 151B. The minimum
lot size for this type of development is five acres.

. At least 12 percent of the total units must be low or moderate income housing as defined
pursuant to Massachusetts General Laws Chapter 40B Sections 20-23 and the regulations
promulgated there under.

. Senior Housing including Independent Living Facilities, Institutional Living Facilities (Assisted
Living and Skilled Nursing Facilities), and ancillary facilities and amenities.

. Multi-family Houses and or Town Houses and ancillary facilities and amenities.

B. Small-scale village-center retail stores and offices including salesrooms and
showrooms, consumer service establishments, business and professional offices,
executive and administrative offices, banks and other institutions. Small scale
shall mean that the maximum size of a retail store shall be 25,000 square feet
and no more than fifty percent (50%) of retail store space shall be used for store
in excess of 10,000 square feet.

Non-Residential Uses shall include, but not necessarily be limited, to the following:

1. Professional office as defined in 5.63.2 Definitions.
2. Small scale retail stores consistent with a Village Center.
3. A restaurant with the conditions that any bar or cocktail lounge be located within
the restaurant shall be solely for the purpose of servicing luncheon or dinner
customers; and not to compromise more than twenty-five percent (25%) of the
floor area of the restaurant
4. Bank or similar financial institution, including drive-through facilities.

. The following uses are specifically excluded:

1. Fast food establishments as defined in Section 1.15.19 of the Canton Zoning By-
laws
2. Drive-through for the sale of food. Any other drive-through, with the exception of
banks and financial institutions noted above, shall require a separate special permit
from the Zoning Board in addition to the special permit for the CCEOD Revitalization
Area "C".

. The following conditions shall apply to all non-residential uses:

1. There shall be no deliveries or shipments between 10 pm and 7:00 a.m. Monday
through Friday. There shall be no deliveries or shipments between 10 pm and 8:00 a.m.
on weekends.

2. No building or structure shall be designed, arranged or constructed and no
building, structure or land shall be used, in whole or in part, for any purpose other than
for one or more of the uses herein set forth as permissible by special permit.

5.63.7 Standards and Criteria

A. Minimum Lot Size

. The minimum lot size is 800,000 square feet of "Buildable Lot Area", except that Multi-family housing
and ancillary facilities and amenities for individuals fifty-five (55) years of age or older pursuant to

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ANNUAL TOWN MEETING APRIL 24, 2006

Massachusetts General Laws c. 151B must be a minimum of five (5) acres of "Buildable Lot Area""

. The lot must contain the "Buildable Lot Area" in a single, contiguous site within the
boundaries of Revitalization Area "C".

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

B. Lot Coverage

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

C. Minimum Lot Frontage and Access

Each lot with five (5) or more acres of "Buildable Lot Area" shall have a minimum frontage of two
hundred and fifty (250) feet and at least one means of ingress/egress.

Each means of ingress/egress shall have a continuous frontage of not less than sixty feet

The Board of Appeals has the authority to require more than one means of ingress/egress

5.63.8 Density

No building or structure shall be designed, arranged or constructed and no building, structure or land shall
be used, in whole or in part, which exceeds the densities specified below for residential and non-residential
uses.

A. Residential Uses

Residential uses include:

Multi-family housing and ancillary facilities and amenities for individuals fifty-five (55) years of age or
older pursuant to Massachusetts General Laws c. 151B.

One unit per 7,000 square feet of " Buildable Lot Area" or portion thereof.

Senior Housing including Independent Living Facilities, Institutional Living Facilities (Assisted Living and
Skilled Nursing Facilities), and ancillary facilities and amenities, .

One unit per 7,000 square feet of " Buildable Lot Area" or portion thereof

Multi-family Housing and/or Town Houses and ancillary facilities and amenities.

One unit per 7,000 square feet of " Buildable Lot Area" or portion thereof.

Notwithstanding the permissible maximum density of one unit per 7,000 square feet of "Buildable Lot
Area" or portion thereof, as set forth immediately above, the Board of Appeals may allow for an increase
in residential density as follows:

Multi-family Housing

The maximum density for any project located wholly within the CCEOD Revitalization Area "C"

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ANNUAL TOWN MEETING APRIL 24, 2006

may be increased by a total of five percent (5%) provided that the building and lot provides a
minimum of sixty-five (65) percent of the required parking for that building and lot in
underground structural parking facilities.

The purpose of allowing the increase in allowable density is to increase the amount of Common Open
Land.

B. Non-Residential Uses

One thousand (1,000) gross square feet of non-residential floor area per 20,000 square feet. of "Buildable
Lot Area" or portion thereof.

For the purpose of this section, "gross square feet of nonresidential floor area" means the total non-
residential floor area contained within exterior walls but does not include basement space used for
heating and utilities, storage or for automobile parking.

5.63.9 Setbacks and Yard Regulations for Buildings

No building shall be constructed so as to be nearer to the line of any street than the "required setback
distance" or nearer to the side lines of its lot than the "required side yard width" or nearer to the rear line of
its lot than the "required rear yard depth" specified below:

Each lot shall have a front yard setback distance of not less than sixty (60) feet and a
side yard setback of not less than twenty-five (25) feet from the nearest point of any
exterior wall of the building, except that if the side yard abuts a residential district or a
building used primarily for residential purpose, a side yard setback of not less than
thirty-five (35) feet from the nearest point of any exterior wall of the building is
required.

. A corner lot shall have a front yard setback on only one street, as designated by the site
plan, and those portions of the lot paralleling the second street shall be considered
sidelines.

Each lot shall have a rear yard setback of not less than twenty-five (25) feet.

A. The required setback distance shall be measured forms the nearest exterior line of the street
in question.

B. No storage or display of goods, products, materials or equipment, vending machines or similar
commercial devices shall be located nearer to the line of any street than the permitted setback
distance for a building on the lot.

c. No lot on which a building is located shall be reduced or changed in size or shape so that the
building or lot fails to comply with the "Buildable Lot Area", frontage, building coverage, yard
setback, or other dimensional provisions of this Section.

5.63.10 Height Regulations

No building shall be constructed to exceed forty feet (40') in height or .a total of three (3) stories,
whichever is lower. However, the permitting authority may allow additional height with a greater setback
at it's discretion.

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ANNUAL TOWN MEETING APRIL 24, 2006

Building height shall be measured as set forth in the State Building Code 780 CMR

5.63.11 Common Open Land, Town Park and Community Building

Town Park:

Each site shall have a minimum of thirty (30%) percent of its "Buildable Lot Area" designated as
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 twenty percent (20%) of the land to be considered as a Town Park. The park will have walkways
connecting it to both the development as well as the downtown. There will also be 'public parking'
allocated for the park. The minimum size of the park will be 80,000 s.f.

Buffer Area:

A "Buffer Area" of twenty-five 25 feet shall be provided at the perimeter of the CCEOD Revitalization
Area "C" site. The applicant shall file a landscape plan, prepared by a Massachusetts Registered
Landscape Architect, that demonstrates in the opinion of the Board of Appeals sufficient plantings to
provide adequate screening. "Buildable Lot Areas" that are also designated as "Buffer Areas" shall be
included in the calculation of "Common Open Land".

The Board of Appeals may reduce the width of the required "Buffer Area" and modify other landscape
requirements where the applicant demonstrates that suitable screening will be provided by other
means.

Community Center:

The petitioner shall build a 'community center' for use by the occupants of the development and be
open to the public. The size of the community center is directly linked to the number of bedrooms/units
in the development. The community center shall be 25 square feet for every bedroom that is built.

5.63.12 Parking Requirements

In Priority Revitalization Area "C', there shall be provided and maintained improved off-street automobile
parking in connection with the erection, establishment or increase in units or dimensions of buildings,
structures and uses, in the following amounts:

A. For dwelling units two parking space per each dwelling unit..

A.1. For restaurants and other on premises eating and drinking establishments, not less than one
(1) parking space for each six (6) 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 six (6) feet of bench, subject to the discretion of the Zoning Board of
Appeals to require additional parking space.

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

C. Uses not listed in this Section 5.63.12 Parking Requirements, Subsections (A), (A.l) and (B)
shall comply with the parking space requirements of the Zoning By-law Section 4.0 Off-Street
Parking.

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ANNUAL TOWN MEETING APRIL 24, 2006

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

E. Whenever, after the date of adoption of this By-law, there is a change in the lawful use of the
premises or in ~ unit of measurement specified in Section 5.63 CCEOD Revitalization Area "C",
which change separately or when combined with previous changes, creates a need for an increase
or decrease of more than ten percent (10%) of the number of off-street parking spaces as
determined by the provisions of this section, more off-street parking spaces shall, and fewer
spaces may, respectively be provided within six months of the basis of the adjusted needs.

F. Off-street automobile parking spaces, to the extent required in this section, may be provided
either on the same lot or premises with the parking generator or on any lot or premises
associated therewith a substantial portion of which at least is within three hundred (300) feet of
the generator.

G. Off-street parking facilities and connecting drives between such facilities and the street shall be
designed to insure the safety and convenience of persons traveling within or through the
parking area, and between the parking facility and the street. The provisions of Section 4.06
Design Standards shall be considered the minimum criteria for evaluating such design.

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

5.63.13 Signs and Advertising Devices

The provisions of Section 4.1 Signs and Advertising devices is adopted for the regulation and restriction
of bill boards, signs and other advertising devices within the Canton Center Economic Opportunity
District Revitalization Area "C".

5.63.14 Certified Acoustical Barriers

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

5.63.15 Affordable Units

As a condition for the grant of a special permit pursuant to this Section 5.63 authorizing an increase in
the otherwise permissible density of population or intensity of a particular use in a proposed
development pursuant to the requirements of this Section 5.63, at least twelve percent (12%) of the
dwelling units shall be deed restricted in perpetuity, except for four units or less, the Board of Appeals
may decide to waive this requirement; for occupancy by persons earning not more than eighty percent
of the area median income as defined and regulated by the Commonwealth's Department of Housing
and Community Development.

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ANNUAL TOWN MEETING APRIL 24, 2006

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

5.63.16 Preference

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 affordable units, and the fees for all services will be negotiated
between the Authority and the Developer, within the Canton Center Economic Opportunity District
Development as provided for in 5.63.15 and 5.63.15A.

5.63.17 Canton Housing Authority

For those apartment units specified as affordable, the Zoning Board of Appeals shall require that the
Canton Housing Authority be given priority with regard to the selection process of residents.
be given priority with regard to the selection process of residents.
Plannina Board

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

VOTE: 7-0-0

PLANNING BOARD MOTION:
MOVED: To amend the Zoning Map, as most recently amended, so as to revise the
boundaries of the overlay zoning district entitled "Canton Center Economic Opportunity
District"; and

To amend the Zoning By-Law Sec. 5.6 as most recently amended, by establishing a Canton
Center Economic Opportunity District (CCEOD) divided into three separate and distinct sub-
districts of Canton Center. The purposes of the areas described, are to promote
development for projects that would enhance the environment and natural features of the
sites in the Revere Street area, encourage mixed-use development of business and
professional and multi-family housing, and to permit the use of new development standards
which will retain the sites present character; and

To amend Section 5.63.12 H. Parking Requirements to add the following:

"Below grade structured automobile parking shall be permitted within the basements of
buildings provided that such "structured basement" automobile parking is exclusively
reserved for motor vehicles of residents, customers or employees of improvements on the
project. "

FINANCE COMMITTEE DISCUSSION: The Finance Committee supports the adoption of this
zoning article, but has chosen to defer action on this proposal to the Planning Board so as to enable
the possibility of offering a modified proposal to the Town should they chose to so do.

The Town should be well aware of the fact that Plymouth Rubber is currently in bankruptcy and must
liquidate their property in Canton. Article 27 establishes a framework for the desired uses of the
Plymouth Rubber property as it moves forward to new owners. The content of the article is strongly
influenced by the findings of the recently completed Master Plan Study and by citizen input obtained at
numerous workshops and meetings held by the Planning Board over the past 16-months.

We believe this article presents an equitable balance between the financial considerations desired by a
developer and the short and long term needs of the Town. The financial benefits to a developer from
increased density and height of mixed-use buildings are balanced against the town benefits of open
space, 55+ and senior housing, affordable housing, preservation of historic structures, water rights

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ANNUAL TOWN MEETING APRIL 24, 2006

and the construction of a community center. It should also be noted that the terms defined in this
article can be modified at future town meetings to accommodate any unforeseen obstacles or
problems associated with the redevelopment of the 43-acre property.

The redevelopment of the Plymouth Rubber site represents a unique opportunity for the Town to
convert a centuries-old industrial site into a desirable mixed-use neighborhood in the heart of our
downtown area. The goal is to increase the attractiveness of the downtown area in a manner that will
also enhance existing downtown businesses.

What is proposed herein is an overlay - meaning that the underlying Industrial zoning will still exist,
should the new owners of the property choose to retain the present type of use. We believe that the
framework set forth in this article is a great first step in the process of creating a highly desirable area
in the Town in the place of the existing Industrial use. We further believe this is the perfect time to
start the process and to define the town's expectations for the property. Finally, we believe adoption
of this proposal would be beneficial to a potential buyer in that it would clearly establish the Town's
preferences for the redevelopment of the Plymouth Rubber property.

PLANNING BOARD DISCUSSION: The Planning Board voted to recommend this article to town
meeting. The Board believes it is in harmony with the towns master plan, reflective of the two public
workshops held regarding the proposed rezoning of the land in the Plymouth Rubber section of town,
and is protective of the surrounding neighborhood and the town as a whole.

The Planning Board has made it clear that when and if a developer comes forward, the town would be
more than willing to enter into discussions and to make a project work for both the town and the
developer.

APPROVED______ DISAPPROVED______

.,..,. lei. =-..t:

MASSACHUSETTS COMMUNITY PRESERVATION ACT
Article 28 To see if the Town will accept Sections 3 to 7, inclusive, of Chapter 44B of the General
Laws, otherwise known as the Massachusetts Community Preservation Act, by approving a surcharge
on real property for the purposes permitted by said Act, including the acquisition, creation, and
preservation of open space, the acquisition, rehabilitation, preservation, and restoration of historic
resources, the acquisition, creation and preservation of land for recreational use, the creation,
preservation and support of community housing, and the rehabilitation and restoration of such open
space, land for recreational use and community housing that is acquired or created as provided under
said Act; to determine the amount of such surcharge on real property as a percentage of the annual
real estate tax levy against real property; to determine whether the Town will accept any of the
exemptions from such surcharge permitted under Section3(e) of said Act; or to take any other action
relative thereto.
Board of Selectmen for Plannina Board and Historical Commission

MOVED: That Sections 3 to 7, inclusive, of Chapter 44B of the General Laws, otherwise
known as the Massachusetts Community Preservation Act, be accepted and that a
surcharge on real property for the purposes permitted by said Act be approved, including
the acquisition, creation, and preservation of open space, the acquisition, rehabilitation,
preservation, and restoration of historic resources, the acquisition, creation and
preservation of land for recreational use, the creation, preservation and support of
community housing, and the rehabilitation and restoration of such open space, land for
recreational use and community housing that is acquired or created as provided under said
Act; that the amount of such surcharge on real property shall be one (1) percent of the
annual real estate tax levy against real property beginning in fiscal year 2007; and to
accept the following exemptions from such surcharge permitted under Section 3(e) of said
Act:

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ANNUAL TOWN MEETING APRIL 24, 2006

(1) property owned and occupied as a domicile by a person who would qualify for low
income housing or low or moderate income senior housing in the city or town; and

(2) $100,000 of the value of each taxable parcel of residential real property.

VOTE: 5-3-0

MAJORITY DISCUSSION: The Finance Committee voted 5-3 to support the adoption of
the Community Preservation Act. The CPA provides funding for specific capital projects dealing with
Open Space and Recreation, Historical Preservation, and Affordable Housing. A portion of CPA funding
is generated by a property tax surcharge, ranging from 0.1% up to 3% of the assessed property
value. Exemptions to the CPA surcharge are given to any household that earns less than 80% of the
area median income and to any senior (60+) who earns up to 100% of the median. The first $100K
of residential property value is also exempt from the surcharge. The remaining funds for the CPA are
supplied by matching donations from the Commonwealth. The current match by the state is dollar-
for-dollar (100%) with expectations that matching funds over the next five years will be around $0.75
- $0.85 cents on the dollar (75-85% matching). At least 10% of all money collected under the CPA
must be spent in each of the three categories leaving the remaining 70% to be used at the discretion
of the Town within CPA constraints.

Should Town Meeting approve the acceptance of the CPA, the Town would then be required to vote at
a future scheduled election to accept the CPA before the surcharge could be imposed and funds could
be appropriated. As such, this proposal is similar to a Proposition 2 V2 override in that Town Meeting
approval is the first step in a 2-step process. If passed at the election, the Town must participate in
the CPA program for a minimum of 5 years. The estimated impact on the average household in
Canton would be $35 at the proposed 1% rate and the percentage can be changed at any annual or
special town meeting during the 5-year period.

The CPA is an important tool that would encourage the Town to make fair, responsible development
decisions and to raise much-needed funding to maintain community character and the attractiveness
of our Town. Proponents were persuaded to accept the CPA principally because of the availability of
matching funds from the Commonwealth (funded through Registry of Deeds transaction fees), thus
increasing the "buying power" of each dollar raised. For example, a $40K project could cost taxpayers
only $20K, with the state providing the balance.

The proponents argued that had the CPA been adopted when first enacted 5 years ago, the Town
would have benefited significantly with "free" 100% matching funds that could have been utilized in
the High School, Library and Eliot School (now the new Police Station) projects, just to name a few.
The end result is that the Town would be in a much better overall financial position that it is at
present. Proponents identified numerous proposed projects that are currently in the pipeline where
CPA funds could be used. It is their opinion that adoption of the CPA would reduce the amount of any
override that would be required in the future. At present, over 100 communities in the Commonwealth
have adopted the CPA and are getting the benefit of matching state money, which includes money
paid at the Registry of Deeds by Canton taxpayers.

MINORITY DISCUSSION: The CPA represents a tax increase whose sole purpose is to fund
capital projects dealing with Open Space, Historic Preservation and Affordable Housing. While we
acknowledge that these areas represent many of the things that "make Canton Canton", the minority
of the Committee believes that these "nice to haves" are all expendable at a time of extreme fiscal
difficulty and cannot recommend the adoption of the CPA at this time. We therefore recommend that
the Town postpone consideration of the adoption of the CPA until such time as our operational budget
is in long-term balance and capital projects of immediate necessity and benefit to all are underway.

The Town's fiscal difficulties should be well known to everyone at this point. With the budget we
propose in this Warrant - which according to the Town's Department Heads is underfunded by at least
$lM - we are projecting that all Free Cash Reserves will be depleted in the coming Fiscal Year. The
Town is therefore realistically looking at the prospect of a multi-million dollar operational override vote
as early as next spring and has literally tens-of-millions of dollars of capital and enterprise account

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ANNUAL TOWN MEETING APRIL 24, 2006

projects such as road repairs, water system improvements, and new facilities (such as the DPW) -
almost none of which would qualify for any sort of funding under the CPA - in the pipeline. All of these
projects will put pressure on the taxpayers and are, in our opinion, a much higher priority to the entire
town than anything eligible for funding under the CPA. We believe it is unwise to recommend
increasing taxes to fund "quality of life" projects at a time when we cannot identify the revenue
streams required to fund basic Town services.

Further we note that, unlike many other towns, Canton already has a capital budget and that adoption
of the CPA - because of its requirement to spend at least 10% of the available money in each area
covered under the Act - would compel the Town to spend money on projects that we would not
otherwise fund. In addition, the minority argued that among the past projects cited by the proponents
of the article, the High School and Library projects were indeed funded with overrides and that the
Eliot School project - which was funded with an inside the levy debt authorization - could have been.
As such, none of these projects, were they funded with the CPA, would have made any difference
what so ever to the operational budget, which the source of our deficit problems. Finally, it should be
noted that while 103 towns have adopted the CPA since it became law in 2000, more than 240 other
towns have not chosen to adopt the CPA at this time.

APPROVED______ DISAPPROVED______

.,..,. lei. =-..c

ESTABLISHMENT OF COMMUNITY PRESERVATION ACT COMMITTEE
Article 29 To see if the Town will vote to amend the General By-laws by adding the following new
Article XVI, Section 17, or to take any other action relative thereto:

Section 17

Community Preservation Committee

17.1 The Community Preservation Committee is established consisting of seven voting
members pursuant to M.G.L. Chapter 44B.

17.2 The Community Preservation Committee shall be appointed by the Board of Selectmen
and consist of one member each from the:

17.2.1 Conservation Commission as designated by the Conservation Commission, Historical
Commission as designated by the Historical Commission and Planning Board as designated by the
Planning Board for an initial term of three years and thereafter for a term of three years;

17.2.2 Recreation Commission as designated by the Recreation Commission and Housing
Authority as designated by the Housing Authority, for an initial term of two years and thereafter for a
term of three years;

17.2.3 Board of Selectmen as designated by the Board of Selectmen and one community
member, appointed for an initial term of one year and thereafter for a term of three years.

17.3 The Community Preservation Commission shall study the needs, possibilities, and
resources of the Town regarding community preservation. The Committee shall consult with existing
municipal boards and hold one or more public informational hearings yearly on the needs, possibilities
and resources of the Town regarding community preservation. Notice of these public hearings shall be
posted publicly and published for each of two weeks preceding a hearing in a newspaper of general
circulation in the Town.

17.4 The Community Preservation Committee shall make recommendations to the
legislative body for the acquisition, creation and preservation of open space; for the acquisition,
preservation, rehabilitation and restoration of historic resources; for the acquisition, creation and
preservation of land for recreational use; for the creation, preservation and support of community
housing; and for the rehabilitation or restoration of open space, land for recreational use and
community housing that is acquired or created as provided in M.G.L. Chapter 44B. With respect to

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ANNUAL TOWN MEETING APRIL 24, 2006

community housing, the Community Preservation Committee shall recommend, wherever possible, the
reuse of existing buildings or construction of new buildings on previously developed sites.

17.5 The Community Preservation Committee may include in its recommendation to the
Town Meeting a recommendation to set aside for later spending funds for specific purposes consistent
with the Community Preservation Act.

17.6 The Community Preservation Committee shall not meet or conduct business without
the presence of a quorum. A majority of the members of the Community Preservation Committee shall
constitute a quorum. The Community Preservation Committee shall approve its actions by majority
vote. Recommendations to the Town Meeting shall include their anticipated costs.
Board of Selectmen for Plannina Board and Historical Commission

MOVED: That the General By-laws be amended by adding the following new Article
XVI, Section 17:

Section 17 Community Preservation Committee

17.1 The Community Preservation Committee is established consisting of seven
voting members pursuant to G. L. Chapter 44 B.

17.2 The Community Preservation Committee shall be appointed by the Board of
Selectmen and consist of one member each from the:

17.2.1 Conservation Commission as designated by the Conservation Commission,
Historical Commission as designated by the Historical Commission and Planning Board as
designated by the Planning Board for an initial term of three years and thereafter for a term
of three years;

17.2.2 Recreation Commission as designated by the Recreation Commission and
Housing Authority as designated by the Housing Authority, for an initial term of two years
and thereafter for a term of three years;

17.2.3 Capital Planning Committee as designated by the Capital Planning Committee
and one community member, appointed for an initial term of one year and thereafter for a
term of three years.

17.3 The Community Preservation Commission shall study the needs, possibilities,
and resources of the Town regarding community preservation. The Committee shall consult
with existing municipal boards and hold one or more public informational hearings yearly
on the needs, possibilities and resources of the Town regarding community preservation.
Notice of these public hearings shall be posted publicly and published for each of two weeks
preceding a hearing in a newspaper of general circulation in the Town.

17.4 The Community Preservation Committee shall make recommendations to the
Town Meeting for the acquisition, creation and preservation of open space; for the
acquisition, preservation, rehabilitation and restoration of historic resources; for the
acquisition, creation and preservation of land for recreational use; for the creation,
preservation and support of community housing; and for the rehabilitation or restoration of
open space, land for recreational use and community housing that is acquired or created as
provided in G.L. Chapter 44 B. With respect to community housing, the Community
Preservation Committee shall recommend, wherever possible, the reuse of existing
buildings or construction of new buildings on previously developed sites.

17.5 The Community Preservation Committee may include in its recommendation
to the Town Meeting a recommendation to set aside for later spending funds for specific
purposes consistent with the Community Preservation Act.

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ANNUAL TOWN MEETING APRIL 24, 2006

17.6 The Community Preservation Committee shall not meet or conduct business
without the presence of a quorum. A majority of the members of the Community
Preservation Committee shall constitute a quorum. The Community Preservation Committee
shall approve its actions by majority vote. Recommendations to the Town Meeting shall
include their anticipated costs.

VOTE: 7-1-0

DISCUSSION: The Finance Committee recommends the adoption of Article 29 to establish a
Community Preservation Act (CPA) Committee. Under the law, the CPA requires participation from a
member of each of the following committees: Historical Commission, Recreation Commission, Housing
Authority, Conservation Commission and Planning Board. We agree with the Board of Selectmen that
it is extremely important for this Committee to have citizen involvement and recommend that a
"Member of the Community At Large" be appointed by the BOS to this committee. However, we
believe that the Capital Planning Committee most certainly needs to be represented on the CPA
Committee and further believe that BOS is already indirectly represented through the Historical,
Recreation and Conservation Commissions. If there are plans to expand the membership of the CPA
Committee in the future we strongly believe that a member of the Finance Committee should be
included.

APPROVED______ DISAPPROVED______

"..,.lel.=-H

INSURANCE PROCEEDS
Article 30 To see whether the Town will vote to appropriate all sums over $20,000 recovered
under the terms of any insurance policy and all other insurance proceeds paid to the Town in
connection with any losses suffered during the course of the year, FY 06, or take any other action with
respect thereto.
Board of Selectmen

MOVED:

That the subject matter of this article be postponed indefinitely.

VOTE: 7-0-0

DISCUSSION: As there are no anticipated insurance proceeds in excess of $20,000 to be
appropriated, the Finance Committee recommends that this article be postponed indefinitely.

APPROVED______ DISAPPROVED______

"..,. lei. =-11

PROPOSED AMENDMENT TO TOWN BY-LAW ARTICLE X BY ADDING SECTION 5- PERMIT
ADVISORY COMMITTEE
Article 31 To see if the Town will vote to amend Article X of the General By-laws by adding the
following new Section 5, or to take any other action relative thereto:

Section 5. Permit Advisory Committee

(a) Establishment, Purpose

1. There shall be a Permit Advisory Committee (the "PAC"), the purpose of which is to expedite the
development review process in the Town. The PAC shall help streamline the application and review
process by performing a preliminary staff review of proposed projects.

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ANNUAL TOWN MEETING APRIL 24, 2006

2. Specifically, the PAC shall expedite the development review process in Canton by:
i. meeting with prospective permit applicants to share information and offer guidance
and assistance;
ii. listening to the prospective applicant's proposed ideas for development;
iii. informing the applicant of the Town's approval process, bylaws, requirements, rules and
regulations with which the applicant and the proposed project must conform;
iv. coordinating Town concerns and departmental responsibilities to communicate
requirements to permit applicants;
v. assisting the Town's regulatory boards by identifying the salient issues regarding
proposed development projects; and
vi. facilitating communication among Town departments and professional staff who
regulate and advise on land use development.

(b) Composition, Appointment, Term of Office

1. The composition of the PAC shall be as follows:
i. one member representing: Board of Selectmen
ii. one member representing: Planning Board
iii. the Town Planner
iv. one member representing: Zoning Board of Appeals
v. one member representing: Conservation Commission
vi. one member representing: The Building Department
vii. one member representing: The Economic Development Commission
viii. one member representing: The Police Department
ix. one member representing: The Fire Department
x. two members representing the Citizens at Large.

2. Each PAC member shall be a member of and appointed annually by the entity which the
member represents, except for the Two Citizens at Large, who shall be appointed annually by the
Board of Selectmen.

(c) Town of Canton Development Handbook

1. The PAC is authorized to publish and from time to time amend guidelines which shall outline
the process of obtaining permits for project development in the Town.

2. The guidelines shall be entitled the Town of Canton Develooment Handbook (the
"Development Handbook").

3. The Development Handbook shall be an advisory guide containing summary information only.
The Development Handbook shall not affect the applicability of the by-laws, rules, regulations,
requirements and standards for development in the Town, including without limitation federal and
state statutes and regulations, the Zoning By-law, the General By-laws and the Planning Board's
Subdivision Rules and Regulations.
Board of Selectmen

FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of this article be deferred to the Board of Selectmen.

VOTE: 7-0-0

BOARD OF SELECTMEN MOTION:
MOVED: That Article X of the General By-laws be amended by adding the following
new Section 5,

Section 5. Permit Advisory Committee
(a) Establishment, Purpose

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ANNUAL TOWN MEETING APRIL 24, 2006

1. There shall be a Permit Advisory Committee (the "PAC"), the purpose of which is to
expedite the development review process in the Town. The PAC shall help streamline the
application and review process by performing a preliminary staff review of proposed
projects.
2. Specifically, the PAC shall expedite the development review process in Canton by:
i. meeting with prospective permit applicants to share information and offer
guidance and assistance;
ii. listening to the prospective applicant's proposed ideas for development;
iii. informing the applicant of the Town's approval process, bylaws, requirements,
rules and regulations with which the applicant and the proposed project must conform;
iv. coordinating Town concerns and departmental responsibilities to communicate
requirements to permit applicants;
v. assisting the Town's regulatory boards by identifying the salient issues regarding
proposed development projects; and
vi. facilitating communication among Town departments and professional staff who
regulate and advise on land use development.
(b) Composition, Appointment, Term of Office
1. The composition of the PAC shall be as follows:
i. one member representing: Board of Selectmen
ii. one member representing: Planning Board
iii. the Town Planner
iv. one member representing: Zoning Board of Appeals
v. one member representing: Conservation Commission
vi. one member representing: The Building Department
vii. one member representing: The Economic Development Commission
viii. one member representing: The Police Department
ix. one member representing: The Fire Department
x. two members representing the Citizens at Large.
2. Each PAC member shall be a member of and appointed annually by the entity which the
member represents, except for the Two Citizens at Large, who shall be appointed annually
by the Board of Selectmen.
(c) Town of Canton Development Handbook
1. The PAC is authorized to publish and from time to time amend guidelines which shall
outline the process of obtaining permits for project development in the Town.
2. The guidelines shall be entitled the Town of Canton Development Handbook (the
"Development Handbook").
3. The Development Handbook shall be an advisory guide containing summary
information only. The Development Handbook shall not affect the applicability of the by-
laws, rules, regulations, requirements and standards for development in the Town,
including without limitation federal and state statutes and regulations, the Zoning By-law,
the General By-laws and the Planning Board's Subdivision Rules and Regulations.

DISCUSSION: The Finance Committee agrees with the Board of Selectmen that the creation
of a "Permit Advisory Committee" and a "Development Handbook" is a good approach in guiding
developers through the permit application procedures in town. This will not circumvent the Town's
ability, desire, or need to perform due diligence in permit processing but will provide developers with a
comprehensive understanding of the Town's permitting processes, bylaws, rules and regulations at the
beginning stages of their project. It will also provide an easier and clearer method of communication
between the various town boards and developers.

Though we agree with the concept of this article, we would like to offer the Board of Selectmen the
maximum possible flexibility in bringing an article to the floor of Town Meeting and have therefore
chosen to defer action on this matter to them.

APPROVED______ DISAPPROVED______

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ANNUAL TOWN MEETING APRIL 24, 2006

".".lel.a~

DONATIONS FOR CONSTRUCTION OF SENIOR CENTER
Article 32 To see if the town will vote to raise and appropriate, transfer from available funds, or
borrow pursuant to any applicable statute a sum of money to be expended by the Board of Selectmen
to return all donations received by the Counsel [actually Council] on Aging for the purposes of funding
the proposed Senior Center behind 1476 Washington Street, or take any other action related thereto
Board of Selectmen for Council on Aaina

FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of this article be deferred to the Board of Selectmen.

VOTE: 7-0-0

BOARD OF SELECTMEN MOTION:
MOVED: That the sum of Fifty Nine Thousand Five Hundred Ninety Six Dollars
($59,596) be appropriated to be expended by the Board of Selectmen to return all
donations received by the Council on Aging for the purposes of funding the proposed Senior
Center behind 1476 Washington Street, and to meet this appropriation, Fifty Nine Thousand
Five Hundred Ninety Six Dollars ($59,596) be transferred from the Senior Center Project
Fund in the treasury of the Town.

DISCUSSION: This is a procedural matter recommended by Town Counsel which would give
authorization to the Council on Aging/Board of Selectmen to return unused donations that were
initially intended for a new Senior Center. Though the Finance Committee does not contemplate any
problems with this article, we have chosen to defer to the Board of Selectmen on this subject.

APPROVED______ DISAPPROVED______

.,..,. lei. ate

ACQUIRE LAND OR EASEMENT TO OBTAIN ACCESS TO FORGE POND FOR THE CREATION OF
A PEDESTRIAN WALK

Article 33 To see if the Town will vote to authorize the Board of Selectmen to acquire by gift,
purchase or eminent domain an access easement on the lands known as Canton Tax Assessor's Map
26, Parcels 181 and 182 and more particularly described by deed in the Norfolk Registry of Deeds at
Book 5368, Page 617 and Canton Tax Assessor's Map 26, Parcels 172 and more particularly
described by deed in the Norfolk Registry of Deeds at Book 21934, Page 314, commonly known as 641
Washington Street for the purpose of creating public access to Forge Pond by constructing and
maintaining a pedestrian walk way and further to authorize the Board of Selectmen to vote to raise
and appropriate, transfer from available funds, and lor borrow pursuant to any applicable statute, a
sum or sums of money to be spent by the Board of Selectmen to carry out this acquisition, and to take
any other action in relation thereto.
Board of Selectmen

FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of this article be deferred to the Board of Selectmen.

VOTE: 7-0-0

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ANNUAL TOWN MEETING APRIL 24, 2006

BOARD OF SELECTMEN MOTION:
MOVED: That the Board of Selectmen are authorized to acquire by gift, purchase or
eminent domain an access easement on the lands known as Canton Tax Assessor's Map 26,
Parcels 181 and 182 and more particularly described by deed in the Norfolk Registry of
Deeds at Book 5368, Page 617 and Canton Tax Assessor's Map 26, Parcel 172 and more
particularly described by deed in the Norfolk Registry of Deeds at Book 21934, Page 314,
commonly known as 641 Washington Street for the purpose of creating public access to
Forge Pond by constructing and maintaining a pedestrian walk way.

DISCUSSION: The Finance Committee unanimously recommends deferring this Article to the
Board of Selectmen and the Annual Town Meeting. At the time of the Finance Committee's vote, we
did not have enough information to make a recommendation to the Town one way or another. It
appears to be in the best interest of the Town.

APPROVED______ DISAPPROVED______

.,..,.(...=-~

ACQUIRE TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT UTILITY EASEMENT-
DEDHAM STREET TO SHA WMUT ROAD
Article 34 To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase,
gift or eminent domain taking a twenty (20) foot permanent utility easement for all purposes
which utility easements are used in the Town of Canton, including but not limited to water,
stormwater, telecommunications and electricity in the location of an existing sewer easement shown
as "10' Sewer Easement" on a plan entitled, "Easement Plan of Land in Canton Massachusetts" and
dated August 20, 1997 as prepared by Dunn-McKenzie, Inc. and recorded at the Norfolk County
Registry of Deeds in Plan Book 455 as Plan No. 229 in 1998 and expanding the location of the existing
sewer easement by adding an additional five (5) feet on each side to create the new permanent utility
easement area and to acquire by purchase, gift or eminent domain taking a thirty (30) foot temporary
construction easement for the installation and construction of the utility easement described above
including the area of the twenty (20) foot permanent utility easement and expanding the same by
adding five (5) additional feet on either side to create the area of the temporary easement and further
to authorize the Board of Selectmen to vote to raise and appropriate, transfer from available funds,
and/or borrow pursuant to any applicable statute, a sum or sums of money to be spent by the Board
of Selectmen to carry out this acquisition and necessary improvements, or to take any other action in
relation thereto.
Board of Selectmen

FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of this article be deferred to the Board of Selectmen.

VOTE: 7-0-0

BOARD OF SELECTMEN MOTION:
MOVED: That the Board of Selectmen is hereby authorized to acquire by purchase, gift
or eminent domain a twenty (20) foot permanent utility easement for all purposes
which utility easements are used in the Town of Canton, including but not limited to water,
storm water, telecommunications and electricity in the location of an existing sewer
easement shown as "10' Sewer Easement" on a plan entitled, "Easement Plan of Land in
Canton Massachusetts" and dated August 20, 1997 as prepared by Dunn-McKenzie, Inc. and
recorded at the Norfolk County Registry of Deeds in Plan Book 455 as Plan No. 229 in 1998
and expanding the location of the existing sewer easement by adding an additional five (5)
feet on each side to create the new permanent utility easement area and to acquire by

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ANNUAL TOWN MEETING APRIL 24, 2006

purchase, gift or eminent domain taking a thirty (30) foot temporary construction easement
for the installation and construction of the utility easement described above including the
area of the twenty (20) foot permanent utility easement and expanding the same by adding
five (5) additional feet on either side to create the area of the temporary easement. This
authorization is to take effect upon passage in Fiscal Year 2006.

DISCUSSION: The Finance Committee unanimously recommends deferring this Article to the
Board of Selectmen and the Annual Town Meeting. At the time of the Finance Committee's vote, we
did not have enough information to make a recommendation to the Town one way or another. From
time to time, it is necessary for the town to obtain easements to construct public utilities for its
businesses and citizens.

APPROVED______ DISAPPROVED______

.,..,. lei. =-t.

PROPOSED AMENDMENT TO TOWN BY-LAW ARTICLE IV, SECTION 4, DUTIES OF
MODERATOR, SECTION 5, ORDER OF BUSINESS, SECTION 6, RECONSIDERATION, SECTION
11, LIMITATIONS ON DEBATE, SECTION 12 VOTING AND A NEW SECTION 17 MOTION TO
REQUIRE THE USE OF WRITEN BALLOTS
Article 35 To see if the town will vote to amend the general by-laws of the town, as most recently
amended, by adopting the recommendations of a committee appointed by the Town Moderator
pursuant to a vote taken at the 2005 Annual Meeting of the Town, (Article 2, Motion 4) as follows:

1. By striking out the provisions of Article IV, Section 4, Duties of Moderator, in their entirety and
substituting in their place a new section 4, substantially as follows:

Section 4. Town Moderator, Powers and Duties
(a) In General - The town moderator shall preside and regulate the proceedings at
town meetings so as to preserve order and decorum. The town moderator shall
decide all questions of order, but subject to a motion to appeal the ruling of the
chair as provided by law, by by-law or by the rules of parliamentary procedure.
Every ruling involving a question of order shall be entered into the records of the
town meeting by the town clerk. The town moderator may appoint another voter to
perform the duties of the town moderator in order to speak on an article appearing
in the warrant, if ill or called away, or in any other instance where it might be
construed a conflict of interest for the town moderator to preside.

(b) Parliamentarv Guidelines - In all matters of parliamentary procedure not
provided for in the constitution and laws of the Commonwealth, the town by-laws,
town policies, procedures and practices, the town moderator (and the voters) shall
be guided by the principles of fairness, clarity, and efficiency, in that order.

In determining any parliamentary question, the town moderator shall give due
regard to the entire body of scholarship encompassing parliamentary procedure,
but with particular emphasis on the most recently published edition of Town
Meeting Time, a manual of parliamentary procedure published by the
Massachusetts Moderators Association, but resort may also be had for guidance to
other authorities and examples of parliamentary procedure, including reference to
rules and rulings of state and local legislative bodies.
or, to take any other action in relation thereto.

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ANNUAL TOWN MEETING APRIL 24, 2006

2. By striking out the provisions of article IV, Section 5, Order of Business, in their entirety and
substituting in their place a new section 4, substantially as follows:

Section 5. Order of Business
The order of business at the annual town meeting shall be as follows:
1. the election of a moderator,
2. the adoption of procedures to govern the conduct of the
meeting,
3. to hear the reports of committees appointed at prior town
meetings,
4. to hear a report on the fiscal condition of the town,
5. to act on a, so-called, consent agenda,

After all of the above matters have been taken up the other articles in the town
meeting warrant shall be acted upon in the order in which they are drawn, in
lottery fashion, by the town clerk, assisted by the town moderator.

When an article has been drawn in the lottery it shall then, at once, be acted upon
and no other article shall be taken up until the drawn article has been fully
disposed of, provided, however, a motion to return the article to the lottery pool
until some other article has been acted upon, may be accepted by the moderator if
made prior to any discussion on the merits of the drawn article.

All articles which in the opinion of the moderator could, or might raise, appropriate
or transfer any funds or otherwise obligate the town to spend or encumber any
funds, shall be acted upon before the general appropriation article is taken up.

The moderator may declare that certain articles must be acted upon in a particular
order of sequence, or that one article must be acted upon before another article
may be acted upon, or that an article is to be taken up at a time certain. In any
such situation the articles shall be acted upon in the order and at the time
determined by the town moderator.

or, to take any other action in relation thereto.

3. By inserting into Article IV, Section 6, Reconsideration, after the first sentence, two new
paragraphs, substantially as follows:

No final vote shall be reconsidered unless notice shall have been given not less
than thirty-six week day hours preceding the time a vote is taken on the question:
"Shall the final vote taken under article [00] of this warrant be reconsidered?"

Whenever a motion is made (and seconded) to reconsider a previously completed
final vote, the moderator shall place said motion on the calendar for action as the
first order of business at the next session of the town meeting held more than
thirty-six week day hours after the time the said motion is made.
or, to take any other action in relation thereto.

4. By striking out the provisions of Article IV, Section 11, Limitations on Debate, in their entirety and
inserting in their place a new Section 11, substantially as follows:

Section 11. Limitations on Debate
(a) Time Limit - Debate may be closed not less than ten minutes following the
adoption of a vote to limit debate under an article to a fixed time.

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ANNUAL TOWN MEETING APRIL 24, 2006

(b) End All Debate - All debate may be terminated under an article by the adoption
of a vote to "move the previous question" with a plurality of two-thirds, or more of
the voters present and voting. The moderator shall refuse to accept a motion to
move the previous question when made by a speaker after said speaker has made
any remarks concerning the merits of the main question then pending.
or, to take any other action in relation thereto.

5. By striking out the provisions of Article IV, Section 12, Voting, in their entirety and inserting a new
Section 12in their place, substantially as follows:

Section 12. Voting
When a question is put to the voters the sense of the meeting shall, in the first
instance, be determined by the voices of the voters, and the moderator shall
announce the vote as it appears to the moderator by the sound. If the moderator is
in doubt, the sense of the meeting shall next be determined by a show of hands,
and if the moderator is in further doubt the sense of the meeting shall finally be
determined by a standing vote. If the announcement of a vote by the moderator
is immediately doubted by seven or more voters standing in their place for that
purpose, the moderator shall, without debate, determine the vote by ordering a
standing vote and shall appoint tellers to make and return the count, as provided in
section 15. At the discretion of the town moderator the voice vote, or the show of
hands vote, may be eliminated. There is no appeal from the results of a standing
vote.

If a two thirds, four fifths or nine tenths vote of a town meeting is required by
statute, a standing vote shall be taken, and the vote shall be recorded in the
records by the town clerk; provided, however, if a two-thirds vote of a town
meeting is required by statute, a declaration by the town moderator that the vote
constitutes that number shall be sufficient, unless said declaration shall
immediately be doubted by seven or more voters as aforesaid.
or, to take any other action in relation thereto

6. By inserting into Article IV, at the end thereof, a new Section 17, substantially as follows:

Section 17. Motion to Require the Use of Written Ballots
Written ballots may be used to determine a vote under any article in the warrant
(1) in the discretion of the moderator made in advance of the meeting, or (2) if
said use is directed by a majority vote of the town meeting.

Whenever the town meeting votes to cause the vote under any article in the
warrant to be taken by written ballots the vote shall be suspended for not less than
thirty-six week day hours in order to allow time for ballots to be prepared and
procedures to be put in place for the conduct of said voting. The town moderator
shall place said motion on the calendar for action as the first order of business at
the next session of the town meeting held more than thirty-six weekday hours after
the time the said motion has been voted.
or, to take any other action in relation thereto
Board of Selectmen for Committee established

MOVED: That the general by-laws of the town, as most recently amended, be hereby
further amended as follows:
1. the provisions of Article IV, Section 4, Duties of Moderator, be deleted in their entirety
and in their place a new section 4, be hereby substituted, as follows:

Section 4. Town Moderator, Powers and Duties

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ANNUAL TOWN MEETING APRIL 24, 2006

(a) In General - The town moderator shall preside and regulate the
proceedings at town meetings so as to preserve order and decorum. The
town moderator shall decide all questions of order, subject to a motion to
appeal the ruling of the chair as provided by law, by by-law or by the rules
of parliamentary procedure. Every ruling involving a question of order
shall be entered into the records of the town meeting by the town clerk.
The town moderator may appoint another voter to perform the duties of
the town moderator in order to speak on an article appearing in the
warrant, if ill or called away, or in any other instance where it might be
construed a conflict of interest for the town moderator to preside.
(b) Parliamentarv Guidelines - In all matters of parliamentary procedure
not provided for in the constitution and laws of the Commonwealth, the
town by-laws, town policies, procedures and practices, the town
moderator (and the voters) shall be guided by the principles of fairness,
clarity, and efficiency, in that order. In determining any parliamentary
question, the town moderator shall give due regard to the entire body of
scholarship encompassing parliamentary procedure, but with particular
emphasis on the most recently published edition of Town Meeting Time, a
manual of parliamentary procedure published by the Massachusetts
Moderators Association, but resort may also be had for guidance to other
authorities and examples of parliamentary procedure, including reference
to rules and rulings of state and local legislative bodies.

2. The provisions of article IV, Section 5, Order of Business, be hereby deleted in their
entirety and in their place a new section 5 be hereby substituted as follows:

Section 5. Order of Business
The order of business at the annual town meeting shall be as follows:
1. the election of a moderator,
2. the adoption of procedures to govern the conduct of the
meeting,
3. to hear the reports of committees appointed at prior
town meetings,
4. to hear a report on the fiscal condition of the town,
5. to act on a, so-called, consent agenda,

After all of the above matters have been taken up the other articles in the
town meeting warrant shall be acted upon in the order in which they are
drawn, in lottery fashion, by the town clerk, assisted by the town
moderator.

When an article has been drawn in the lottery it shall then, at once, be
acted upon and no other article shall be taken up until the drawn article
has been fully disposed of, provided, however, a motion to return the
article to the lottery pool until some other article has been acted upon,
may be accepted by the moderator if made prior to any discussion on the
merits of the drawn article.

All articles which in the opinion of the moderator could, or might raise,
appropriate or transfer any funds or otherwise obligate the town to spend
or encumber any funds, shall be acted upon before the general
appropriation article is taken up.
The moderator may declare that certain articles must be acted upon in a
particular order of sequence, or that one article must be acted upon before
another article may be acted upon, or that an article is to be taken up at a
time certain. In any such situation the articles shall be acted upon in the
order and at the time determined by the town moderator. Any decision by

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